Savings provisions
Read this section in the full bill →
This section appears in one version only, so there is nothing to compare yet.
(a) State and local jurisdiction Nothing in this Act shall be construed to diminish, enlarge, or modify any other Federal authority or program, and any right of the State or any political subdivision thereof, to exercise civil and criminal jurisdiction or to carry out State laws, rules, and regulations, including those relating to fish and wildlife, or to tax persons, corporations, franchises, including on lands owned by the associated sites. (b) Relationship to private property The maintenance, operation, and use of private property, including the lands in proximity to lands administered by the National Park Service, shall not be deemed to be inconsistent with or otherwise subject to any restriction or regulation as a result of this designation. (1) No new regulations Landowners shall not be subject to any new regulations, directly, indirectly or by implication, to any existing or subsequent regulations, including but not limited to the Endangered Species Act, as a consequence of designation. (2) Clean air act The application of the Prevention of Significant Deterioration provisions of the Federal Clean Air Act relative to mandatory designation of Class I Areas shall not apply. (3) Federally authorized or permitted channels, storm surge protection, flood control devices, oil and gas pipelines and projects The designation shall in no way be inconsistent with or impede the construction, maintenance, operation, and use of federally authorized or permitted channels, storm surge protection, flood control devices, oil and gas pipelines and projects and the result of such functions shall not be deemed to be an owned land of a public park, National Recreation Area, or other public resource within the meaning of section 303(c) of title 49, United States Code, and shall not be deemed to have a significant effect on natural, scenic, and recreation assets within the meaning of section 47101(h)(2) of title 49, United States Code. (4) Emergency response In the event of emergency conditions created by acts of God, including natural disasters, any relevant Federal, State, or local governmental entity may provide expedited emergency relief and assistance where necessary to protect life or real property during the pendency of the emergency, the provision of which shall not be deemed inconsistent with or otherwise subject to any restriction or regulation as a result of this designation. This Act does not preempt or otherwise alter any funding or Federal support for lands and improved property. National hurricane response efforts and Federal grants would still be accessible to all parties within the Network that qualify under the established criteria for these programs. Nothing in this Act affects any jurisdiction or responsibility of FEMA with respect to lands not owned by the National Park Service. (c) Activities within the national recreation area (1) Hunting, fishing, off road vehicles and personal water craft Except as provided in paragraphs (2) and (3), and with the written consent of the immediate prior grantor of fee or less than fee interest in land to the National Park Service, the Secretary shall permit hunting and recreational and commercial fishing, off road vehicle and personal water craft use on lands and waters owned or managed by the National Park Service within the National Recreation Area, in accordance with applicable Federal and State law. (2) Administrative exceptions The Secretary may temporarily restrict such uses under paragraph (1) only as needed to address public safety and emergency situations. (3) Consultation Except in public safety and emergency situations, decisions to close locations within the National Recreation Area to such uses shall be made in consultation with, but not limited to, local user groups, including but not limited to, the Texas Parks and Wildlife Department. (4) Closures Except as provided in paragraph (2), decisions to close locations within the National Recreation Area to such uses shall not become effective until the Secretary files public notice providing the justification for the closure, the location or locations being closed and the expected duration. (5) Savings clause Nothing in this Act affects any jurisdiction or responsibility of the State with respect to fish and wildlife on Federal land and water covered by this Act. (6) Oil and gas minerals When acquiring land, waters, or interests therein, the Secretary shall permit a reservation by the grantor of all or any part of the oil and gas minerals in such land or waters and of other minerals therein which can be removed by similar means, with the right of occupation and use of so much of the surface of the land or waters as may be required for all purposes reasonably incident to the mining or removal of such from beneath the surface of these lands and water and the lands and waters adjacent thereto, under such regulations as may be prescribed by the Secretary with respect to such mining or removal.