16 U.S.C. § 460jjj

Establishment

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(a) In general

In order to conserve, protect, and restore the recreational, ecological, cultural, religious, and wildlife resource values of the Jemez Mountains, there is hereby established the Jemez National Recreational Area (hereinafter in this subchapter referred to as the “recreation area”), to be administered by the Secretary of Agriculture (hereinafter in this subchapter referred to as the “Secretary”).

(b) Area included

The recreation area shall be comprised of approximately 57,000 acres of lands and interests in lands within the Santa Fe National Forest as generally depicted on the map entitled “Jemez National Recreation Area—Proposed” and dated September 1992. The map shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture, Washington, District of Columbia. The Secretary may from time to time, in consultation with local tribal leaders, make minor revisions in the boundary of the recreation area to promote management effectiveness and efficiency in furtherance of the purposes of this subchapter.

(c) Map and description

As soon as practicable after October 12, 1993, the Secretary shall file a map and legal description of the recreation area with the Committee on Natural Resources of the House of Representatives and with the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the Senate. Such map and legal description shall have the same force and effect as if included in this subchapter, except that correction of clerical and typographical errors in such legal description and map may be made. Such map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture.

(d) No additional lands

No lands or interests therein outside of the boundaries of the recreation area may be added to the recreation area without specific authorization by Congress.

(Pub. L. 103–104, § 1, Oct. 12, 1993, 107 Stat. 1025; Pub. L. 103–437, § 6(q), Nov. 2, 1994, 108 Stat. 4587.)Editorial NotesAmendments

1994—Subsec. (c). Pub. L. 103–437 in first sentence struck out “Select” before “Committee on Indian Affairs”.

Notes of Decisions
Cited in 7 cases, 1997–2013 · leading case: Copar Pumice Co., Inc. v. United States, 112 Fed. Cl. 515 (Fed. Cl. 2013).
Copar Pumice Co., Inc. v. United States, 112 Fed. Cl. 515 (Fed. Cl. 2013). · cites it 5× “, and Jemez National Recreation Area Act, 16 U.S.C. § 460jjj; statute of limitations; collateral estoppel; res judicata; promissory estoppel; unjust enrichment; misrepresentation OPINION FIRESTONE, Judge.”
Copar Pumice Co., Inc. v. Tidwell, 603 F.3d 780 (10th Cir. 2010). · cites it 2× “On October 12, 1993, Congress enacted the Jemez National Recreation Area Act, 16 U.S.C. §§ 460jjj to jjj-5 (“JNRAA”), which designated approximately 57,000 acres of the Santa Fe National Forest as the Jemez National Recreation Area, which included the Brown Placer Mining Claims.”
United States v. Copar Pumice Co., 714 F.3d 1197 (10th Cir. 2013). · cites it 2× “The claims are based on allegations that the Cooks and Copar removed and used undersized pumice from their mine in violation of their settlement agreement with the United States, the Jemez National Recreation Area Act (“JNRAA”), 16 U.S.C. § 460jjj, and applicable regulations.”
Cook v. United States, 42 Fed. Cl. 788 (Fed. Cl. 1999). · cites it 2× “Plaintiffs contend that the enactment of the Jemez National Recreational Area Act (“JNRAA”), 16 U.S.C. § 460jjj (1994), which prohibits the Bureau of Land Management (“BLM”) from granting any new patents on public lands located within the Jemez National Recreational Area in…”
Cook v. United States, 85 Fed. Cl. 820 (Fed. Cl. 2009). “While BLM was evaluating the Brown Placer claims, Congress passed the Jemez National Recreation Act, 16 U.S.C. § 460jjj et seq. (2006) (“JNRAA”).”
Copar Pumice Co., Inc. v. Bosworth, 502 F. Supp. 2d 1200 (D.N.M. 2007). “Cook was waiting for the second half of his two-part patent application to be issued, Congress passed the Jemez National Recreation Area Act (“JNRAA”), 16 U.S.C. § 460jjj(a)(2), which closed that area to mining claims.”
Cook v. United States, 37 Fed. Cl. 435 (Fed. Cl. 1997). “1075 (codified at 16 U.S.C. § 460jjj), which prohibits the Bureau of Land Management (BLM) from granting any new patents on public lands located within the Jemez National Recreation Area in Sandoval County, New Mexico (the Recreation Area), constitutes a taking of plaintiffs’…”
— 16 U.S.C. § 460jjj(a) — 1 case
Copar Pumice Co., Inc. v. Tidwell, 603 F.3d 780 (10th Cir. 2010). “On October 12, 1993, Congress enacted the Jemez National Recreation Area Act, 16 U.S.C. §§ 460jjj to jjj-5 (“JNRAA”), which designated approximately 57,000 acres of the Santa Fe National Forest as the Jemez National Recreation Area, which included the Brown Placer Mining Claims.”
— 16 U.S.C. § 460jjj(a)(2) — 1 case
Copar Pumice Co., Inc. v. Bosworth, 502 F. Supp. 2d 1200 (D.N.M. 2007). “Cook was waiting for the second half of his two-part patent application to be issued, Congress passed the Jemez National Recreation Area Act (“JNRAA”), 16 U.S.C. § 460jjj(a)(2), which closed that area to mining claims.”
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