16 U.S.C. § 471i
Pinelands National Reserve
There is hereby established the Pinelands National Reserve which shall consist of the approximately 1,000,000-acre area generally depicted on the map entitled “Pinelands National Reserve Boundary Map” numbered NPS/80,011A and dated September 1978. Within the Pinelands National Reserve, there is hereby established the Federal Project Review Area, which shall consist of the approximately 486,000 acre area also depicted on the map. The map shall be on file and available for public inspection in the offices of the Department of the Interior in Washington, and in the offices of the State of New Jersey planning entity established pursuant to subsection (d), and in locations throughout the Pinelands National Reserve as determined by the planning entity.
Within thirty days after
During the development of the management plan for the Pinelands National Reserve, all applications for Federal assistance under programs covered by Part I of OMB Circular A–95 and direct Federal actions covered by Part II of OMB Circular A–95 within the Federal Project Review Area generally depicted on the map referred to in subsection (c) which involve the construction of housing, industrial parks, highways, or sewage or water treatment facilities shall be reviewed by the planning entity, upon receipt from the New Jersey State A–95 Clearinghouse (hereinafter referred to as the Clearinghouse). If the planning entity finds that such application or proposed action would have no adverse impact on the resources and ecological values of the Federal Project Review Area, the planning entity shall so notify the Clearinghouse. If the planning entity does not so find, Congress authorizes the planning entity to notify the Clearinghouse and other affected parties that such application or proposed action shall not proceed pending further review, and the planning entity shall forward such application or notice of proposed action to the Secretary. Any such application or proposed action which the Secretary determines would be significantly adverse to the purposes of this section shall not proceed while the management plan is being developed. The review process established under this subsection shall begin upon the appropriation of funds under subsection (k).
Nothing in this section shall be construed to limit or prohibit any Federal action ordered by a court of competent jurisdiction or directed by a Federal agency as essential for the protection of public health or safety, for national security or defense, or for the maintenance of environmental values within the Pinelands National Reserve or the Federal Project Review Area.
For the purpose of enhancing public understanding, awareness, and appreciation with respect to the natural and cultural resources of the Pine Barrens area of New Jersey, the Secretary shall, within 9 months after
The Secretary is authorized and directed to study the State of New Jersey Pinelands Development Credit Bank and Pinelands Development Credit System, and to submit to the Congress within 9 months after
The Secretary shall study the Pinelands Municipal Council, and submit to the Congress within 9 months after
The Secretary may enter into such contracts and agreements with the State of New Jersey and other public and private entities as may be necessary and appropriate to carry out the authorities and responsibilities of the Secretary under this subsection. For purposes of this subsection, there is authorized to be appropriated not more than $500,000 to prepare and complete the study pursuant to paragraph (1) and $3,000,000 to implement the recommendations of such study upon its approval by the Congress, the Federal share of which may not exceed 75 percent of the total cost.
The Clean Water Act, referred to in subsec. (f)(9), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2,
The Safe Drinking Water Act, referred to in subsec. (f)(9), is title XIV of act
The Outer Continental Shelf Lands Act, as amended, referred to in subsec. (k)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.
Enactment of this Act, referred to in subsec. (k)(2), probably means date of enactment of Pub. L. 100–486, which enacted subsec. (k)(2) of this section and which was approved
2014—Subsec. (h)(1)(B). Pub. L. 113–287, which directed substitution of “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act” in section 502 of the National Parks and Recreation Act of 1998, was executed to this section, which is section 502 of the National Parks and Recreation Act of 1978, to reflect the probable intent of Congress.
1988—Subsec. (k). Pub. L. 100–486, § 2, designated existing provisions as par. (1) and added par. (2).
Subsec. (l). Pub. L. 100–486, § 1, added subsec. (l).
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1981–2021 · leading case: J.P. Rail, Inc. v. New Jersey Pinelands Comm'n, 404 F. Supp. 2d 636 (D.N.J. 2005).
J.P. Rail, Inc. v. New Jersey Pinelands Comm'n, 404 F. Supp. 2d 636 (D.N.J. 2005). “” National Parks and Recreation Act (“National Parks Act”), 16 U.S.C. § 471i et seq.; 16 U.S.C. § 471i(a)(1); see Gardner v.”
Hovsons, Inc. v. Sec'y of Interior of US, 519 F. Supp. 434 (D.N.J. 1981). “Plaintiff Coalition for the Sensible Preservation of the Pinelands is an unincorporated association of individuals and groups; the complaint alleges that the individual members of the group live in the vicinity of the Pinelands National Reserve as set out in the National Parks…”
In the Matter of the Petition of South Jersey Gas, 149 A.3d 13 (N.J. Super. Ct. App. Div. 2016). “Section 502 of the National Parks and Recreation Act of 1978 (the Federal Act), 16 U.S.C.A. § 471i(c), created the Pinelands National Reserve, which includes all or part of fifty-six municipalities in seven southern New Jersey counties.”
Heritage Minerals, Inc. v. United States, 71 Fed. Cl. 710 (Fed. Cl. 2006). “16 U.S.C. § 471i(a)(l); (b)(1) (1978). No development within the Reserve is permitted unless it is reviewed by the New Jersey Pine-lands Commission (Commission) and found to be in conformance with the Commission’s Comprehensive Management Plan (CMP), codified at N.”
Hovsons, Inc. v. Sec'y of Interior of United States, 711 F.2d 1208 (3rd Cir. 1983). “by Congress in the National Parks and Recreations Act of 1978, (“the Act”), 16 U.S.C. § 471i (Supp. 1982), (1) to protect, preserve and enhance the significant values of the land and water resources of the Pinelands area; (2) to encourage and assist the State of New Jersey and…”
In Re the Pinelands Comm'n's Consistency Determinations Approving Tuckahoe Turf Farm Inc.'s Application No. 1984-0389.009 (pinelands Comm'n)(Consol.) (N.J. Super. Ct. App. Div. 2018). “Additionally, objectors argue that the broad scope of the amendment and its lack of intensity standards necessitates a revision of the CMP by the Commission to ensure consistency with the purposes of the PPA and the Federal Act, pursuant to 16 U.S.C. § 471i(b). "Administrative…”
In the Matter of the New Jersey Pinelands Comm'n's Approval of New Jersey Nat. Gas's Application (no. 2014-0045.001) for the Installation & Operation of the S. Reliability Link Projection & the Denial of Pinelands Pres. All.'s Request for an Adjudicatory Hearing (new Jersey Pinelands Comm'n) (Consol.) (N.J. Super. Ct. App. Div. 2021). “While both the Pinelands Act and the National Parks and Recreation Act of 1978, 16 U.S.C. § 471i (creating New Jersey's Pinelands National Reserve), contemplate programs "to provide for maximum feasible .”
Phoenix Pinelands Corp., Etc. Vs. Harry Davidoff (c-000246-11, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “3492 (codified at 16 U.S.C. § 471i), making the Pinelands the first natural resource to be protected under the "national reserve" program.”
Peg Leg Webb, LLC Vs. New Jersey Pinelands Comm'n (new Jersey Pinelands Comm'n) (N.J. Super. Ct. App. Div. 2017). “As mandated by the National Parks and Recreation Act of 1978, 16 U.S.C. § 471i, the Commission developed a Comprehensive Management Plan (CMP or Plan), which is a set of regulations 2 A-4016-15T4 that provide the minimum standards for development within the Pinelands.”
In the Matter of the New Jersey Pinelands Comm'n's Approval of New Jersey Nat. Gas's Application (no. 2014-0045.001), for the Installation & Operation of the S. Reliability Link Proj. as to the Comm'n's Resolution Pc4-17-10. (new Jersey Pinelands Comm'n) (Consol.) (N.J. Super. Ct. App. Div. 2021). “The National Parks and Recreation Act of 1978, 16 U.S.C. § 471i, established the Pinelands National Reserve in New Jersey.”
— 16 U.S.C. § 471i(a)(1) — 1 case
J.P. Rail, Inc. v. New Jersey Pinelands Comm'n, 404 F. Supp. 2d 636 (D.N.J. 2005). “” National Parks and Recreation Act (“National Parks Act”), 16 U.S.C. § 471i et seq.; 16 U.S.C. § 471i(a)(1); see Gardner v.”
— 16 U.S.C. § 471i(a)(l) — 2 cases
Heritage Minerals, Inc. v. United States, 71 Fed. Cl. 710 (Fed. Cl. 2006). “16 U.S.C. § 471i(a)(l); (b)(1) (1978). No development within the Reserve is permitted unless it is reviewed by the New Jersey Pine-lands Commission (Commission) and found to be in conformance with the Commission’s Comprehensive Management Plan (CMP), codified at N.”
J.P. Rail, Inc. v. New Jersey Pinelands Comm'n, 404 F. Supp. 2d 636 (D.N.J. 2005). “” National Parks and Recreation Act (“National Parks Act”), 16 U.S.C. § 471i et seq.; 16 U.S.C. § 471i(a)(1); see Gardner v.”
— 16 U.S.C. § 471i(b) — 2 cases
Hovsons, Inc. v. Sec'y of Interior of United States, 711 F.2d 1208 (3rd Cir. 1983). “by Congress in the National Parks and Recreations Act of 1978, (“the Act”), 16 U.S.C. § 471i (Supp. 1982), (1) to protect, preserve and enhance the significant values of the land and water resources of the Pinelands area; (2) to encourage and assist the State of New Jersey and…”
In Re the Pinelands Comm'n's Consistency Determinations Approving Tuckahoe Turf Farm Inc.'s Application No. 1984-0389.009 (pinelands Comm'n)(Consol.) (N.J. Super. Ct. App. Div. 2018). “Additionally, objectors argue that the broad scope of the amendment and its lack of intensity standards necessitates a revision of the CMP by the Commission to ensure consistency with the purposes of the PPA and the Federal Act, pursuant to 16 U.S.C. § 471i(b). "Administrative…”
— 16 U.S.C. § 471i(b)(1) — 1 case
Phoenix Pinelands Corp., Etc. Vs. Harry Davidoff (c-000246-11, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “3492 (codified at 16 U.S.C. § 471i), making the Pinelands the first natural resource to be protected under the "national reserve" program.”
— 16 U.S.C. § 471i(c) — 2 cases
In the Matter of the Petition of South Jersey Gas, 149 A.3d 13 (N.J. Super. Ct. App. Div. 2016). “Section 502 of the National Parks and Recreation Act of 1978 (the Federal Act), 16 U.S.C.A. § 471i(c), created the Pinelands National Reserve, which includes all or part of fifty-six municipalities in seven southern New Jersey counties.”
J.P. Rail, Inc. v. New Jersey Pinelands Comm'n, 404 F. Supp. 2d 636 (D.N.J. 2005). “” National Parks and Recreation Act (“National Parks Act”), 16 U.S.C. § 471i et seq.; 16 U.S.C. § 471i(a)(1); see Gardner v.”
— 16 U.S.C. § 471i(d) — 2 cases
J.P. Rail, Inc. v. New Jersey Pinelands Comm'n, 404 F. Supp. 2d 636 (D.N.J. 2005). “” National Parks and Recreation Act (“National Parks Act”), 16 U.S.C. § 471i et seq.; 16 U.S.C. § 471i(a)(1); see Gardner v.”
In Re the Pinelands Comm'n's Consistency Determinations Approving Tuckahoe Turf Farm Inc.'s Application No. 1984-0389.009 (pinelands Comm'n)(Consol.) (N.J. Super. Ct. App. Div. 2018). “Additionally, objectors argue that the broad scope of the amendment and its lack of intensity standards necessitates a revision of the CMP by the Commission to ensure consistency with the purposes of the PPA and the Federal Act, pursuant to 16 U.S.C. § 471i(b). "Administrative…”
— 16 U.S.C. § 471i(e)(5) — 1 case
In the Matter of the New Jersey Pinelands Comm'n's Approval of New Jersey Nat. Gas's Application (no. 2014-0045.001) for the Installation & Operation of the S. Reliability Link Projection & the Denial of Pinelands Pres. All.'s Request for an Adjudicatory Hearing (new Jersey Pinelands Comm'n) (Consol.) (N.J. Super. Ct. App. Div. 2021). “While both the Pinelands Act and the National Parks and Recreation Act of 1978, 16 U.S.C. § 471i (creating New Jersey's Pinelands National Reserve), contemplate programs "to provide for maximum feasible .”
— 16 U.S.C. § 471i(f)(7) — 1 case
In the Matter of the New Jersey Pinelands Comm'n's Approval of New Jersey Nat. Gas's Application (no. 2014-0045.001) for the Installation & Operation of the S. Reliability Link Projection & the Denial of Pinelands Pres. All.'s Request for an Adjudicatory Hearing (new Jersey Pinelands Comm'n) (Consol.) (N.J. Super. Ct. App. Div. 2021). “While both the Pinelands Act and the National Parks and Recreation Act of 1978, 16 U.S.C. § 471i (creating New Jersey's Pinelands National Reserve), contemplate programs "to provide for maximum feasible .”
— 16 U.S.C. § 471i(g) — 1 case
In Re the Pinelands Comm'n's Consistency Determinations Approving Tuckahoe Turf Farm Inc.'s Application No. 1984-0389.009 (pinelands Comm'n)(Consol.) (N.J. Super. Ct. App. Div. 2018). “Additionally, objectors argue that the broad scope of the amendment and its lack of intensity standards necessitates a revision of the CMP by the Commission to ensure consistency with the purposes of the PPA and the Federal Act, pursuant to 16 U.S.C. § 471i(b). "Administrative…”
— 16 U.S.C. § 471i(g)(2) — 2 cases
Hovsons, Inc. v. Sec'y of Interior of US, 519 F. Supp. 434 (D.N.J. 1981). “Plaintiff Coalition for the Sensible Preservation of the Pinelands is an unincorporated association of individuals and groups; the complaint alleges that the individual members of the group live in the vicinity of the Pinelands National Reserve as set out in the National Parks…”
Hovsons, Inc. v. Sec'y of Interior of United States, 711 F.2d 1208 (3rd Cir. 1983). “by Congress in the National Parks and Recreations Act of 1978, (“the Act”), 16 U.S.C. § 471i (Supp. 1982), (1) to protect, preserve and enhance the significant values of the land and water resources of the Pinelands area; (2) to encourage and assist the State of New Jersey and…”
— 16 U.S.C. § 471i(g)(2)(A) — 1 case
Hovsons, Inc. v. Sec'y of Interior of US, 519 F. Supp. 434 (D.N.J. 1981). “Plaintiff Coalition for the Sensible Preservation of the Pinelands is an unincorporated association of individuals and groups; the complaint alleges that the individual members of the group live in the vicinity of the Pinelands National Reserve as set out in the National Parks…”
— 16 U.S.C. § 471i(g)(2)(G) — 1 case
Hovsons, Inc. v. Sec'y of Interior of United States, 711 F.2d 1208 (3rd Cir. 1983). “by Congress in the National Parks and Recreations Act of 1978, (“the Act”), 16 U.S.C. § 471i (Supp. 1982), (1) to protect, preserve and enhance the significant values of the land and water resources of the Pinelands area; (2) to encourage and assist the State of New Jersey and…”
— 16 U.S.C. § 471i(g)(6) — 1 case
In Re the Pinelands Comm'n's Consistency Determinations Approving Tuckahoe Turf Farm Inc.'s Application No. 1984-0389.009 (pinelands Comm'n)(Consol.) (N.J. Super. Ct. App. Div. 2018). “Additionally, objectors argue that the broad scope of the amendment and its lack of intensity standards necessitates a revision of the CMP by the Commission to ensure consistency with the purposes of the PPA and the Federal Act, pursuant to 16 U.S.C. § 471i(b). "Administrative…”
— 16 U.S.C. § 471i(g)(l) — 1 case
Hovsons, Inc. v. Sec'y of Interior of US, 519 F. Supp. 434 (D.N.J. 1981). “Plaintiff Coalition for the Sensible Preservation of the Pinelands is an unincorporated association of individuals and groups; the complaint alleges that the individual members of the group live in the vicinity of the Pinelands National Reserve as set out in the National Parks…”
— 16 U.S.C. § 471i(k) — 1 case
Hovsons, Inc. v. Sec'y of Interior of United States, 711 F.2d 1208 (3rd Cir. 1983). “by Congress in the National Parks and Recreations Act of 1978, (“the Act”), 16 U.S.C. § 471i (Supp. 1982), (1) to protect, preserve and enhance the significant values of the land and water resources of the Pinelands area; (2) to encourage and assist the State of New Jersey and…”
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