16 U.S.C. § 79e — Exchange of property; cash equalization

Page 64 TITLE 16—CONSERVATION § 79c–1 ate’’ for ‘‘until sixty days after he has notified the President of the Senate’’ in existing provisions and in- serted provisions relating to the availability of funds for the acquisition of interests in land, the implemen- tation of contracts and cooperative agreements pursu- ant to this subsection, and rehabilitative activities generally designed to minimize erosion and sedimenta- tion in ways designed to assure adequate protection for Redwood National Park, contribute to the economic re- vival of Del Norte and Humboldt Counties in northern California, and provide employment opportunities to individuals affected by taking of land and interests in land. § 79c–1. Vesting in United States of all right, title, etc., in real property and down tree personal property in additional lands; effective date; authorization of appropriations Notwithstanding any provision of the Act of October 2, 1968 [16 U.S.C. 79a et seq.], the vesting in the United States of all right, title, and inter- est in, and the right to immediate possession of, all real property and all down tree personal property within the area indicated as ‘‘Proposed Additions’’ on the map entitled ‘‘Additional Lands, Redwood National Park, California,’’ numbered 167–80005–D and dated March 1978, as established by section 79c(b)(1) of this title, shall be effective on March 27, 1978. The provi- sions of section 79c(b)(3) of this title shall also relate to the effective date of this section. From the appropriations authorized for fiscal year 1978 and succeeding fiscal years such sums as may be necessary may be expended for the acquisition of lands and interests in lands, and down tree personal property, authorized to be acquired, or acquired, pursuant to the provisions of this Act. (Pub. L. 95–250, title I, § 101(c), Mar. 27, 1978, 92 Stat. 166.) Editorial Notes REFERENCES IN TEXT Act of October 2, 1968, referred to in text, is Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which is classified gen- erally to this subchapter. For complete classification of this Act to the Code, see Tables. Section 79c(b)(1) of this title, referred to in text, was in the original ‘‘subsection (a)(4) of the first section of this Act’’, meaning section 101(a)(4) of Pub. L. 95–250, which amended section 79c(b)(1) of this title. This Act, referred to in text, means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, which, insofar as classified to the Code, enacted sections 79c–1 and 79k to 79q of this title, amended former section 1a–1 and sections 79b and 79c of this title, and enacted provisions set out and for- merly set out as notes under section 79k of this title. For complete classification of this Act to the Code, see Tables. The effective date of this section, referred to in text, probably means the date of enactment of section 101 of Pub. L. 95–250, which was approved Mar. 27, 1978. CODIFICATION Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter. § 79d. Acquisition of lands (a) Owner’s retention of right of use and occu- pancy for noncommercial residential pur- poses for fixed term of years or for life; elec- tion of term; fair market value; termination of use and occupancy inconsistent with stat- ed purpose and upon payment of sum for un- expired right The owner of improved property on the date of its acquisition by the Secretary under this sub- chapter may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless the property is whol- ly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition minus the fair market value on that date of the right retained by the owner. A right retained pursuant to this section shall be subject to ter- mination by the Secretary upon his determina- tion that it is being exercised in a manner in- consistent with the purpose of this subchapter, and it shall terminate by operation of law upon the Secretary’s notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired. (b) ‘‘Improved property’’ defined The term ‘‘improved property’’, as used in this section, means a detached, noncommercial resi- dential dwelling, the construction of which was begun before October 9, 1967, together with so much of the land on which the dwelling is situ- ated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommer- cial residential use, together with any struc- tures accessory to the dwelling which are situ- ated on the land so designated. (c) Sale or lease of certain realty to former owner; conditions and restrictions The Secretary shall have, with respect to any real property acquired by him in sections 5 and 8, township 13 north, range 1 east, Humboldt me- ridian, authority to sell or lease the same to the former owner under such conditions and restric- tions as will assure that it is not utilized in a manner or for purposes inconsistent with the na- tional park. (Pub. L. 90–545, § 4, Oct. 2, 1968, 82 Stat. 933.) § 79e. Exchange of property; cash equalization payments; commercial operations, minimum economic dislocation and disruption In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property within the boundaries of the park, and outside of such boundaries with- in the limits prescribed in this subchapter. Not- withstanding any other provision of law, the Secretary may acquire such property from the Page 65 TITLE 16—CONSERVATION § 79j 1 See References in Text note below. grantor by exchange for any federally owned property under the jurisdiction of the Bureau of Land Management in California, except property needed for public use and management, which he classifies as suitable for exchange or other dis- posal, or any federally owned property he may designate within the Northern Redwood Pur- chase Unit in Del Norte County, California, ex- cept that section known and designated as the Yurok Experimental Forest, consisting of ap- proximately nine hundred and thirty-five acres. Such federally owned property shall also be available for use by the Secretary in lieu of, or together with, cash in payment of just com- pensation for any real property taken pursuant to section 79c(b) of this title. The values of the properties so exchanged either shall be approxi- mately equal or, if they are not approximately equal, the value shall be equalized by the pay- ment of cash to the grantor or to the Secretary as the circumstances require. Through the exer- cise of his exchange authority, the Secretary shall, to the extent possible, minimize economic dislocation and the disruption of the grantor’s commercial operations. (Pub. L. 90–545, § 5, Oct. 2, 1968, 82 Stat. 933.) § 79f. Transfer of property from Federal agency to administrative jurisdiction of Secretary Notwithstanding any other provision of law, any Federal property located within any of the areas described in sections 79b and 79c of this title may, with the concurrence of the head of the agency having custody thereof, be trans- ferred without consideration to the administra- tive jurisdiction of the Secretary for use by him in carrying out the provisions of this sub- chapter. (Pub. L. 90–545, § 6, Oct. 2, 1968, 82 Stat. 934.) § 79g. Contract authorization within prescribed cost limits; installments: duration, interest; provisions for payment of judgments and compromise settlements applicable to judg- ments against United States (a) Notwithstanding any other provision of law, the Secretary shall have the same author- ity with respect to contracts for the acquisition of land and interests in land for the purposes of this subchapter as was given the Secretary of the Treasury for other land acquisitions by sec- tion 3171 of title 40, and the Secretary and the owner of land to be acquired under this sub- chapter may agree that the purchase price will be paid in periodic installments over a period that does not exceed ten years, with interest on the unpaid balance thereof at a rate which is not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to matu- rity comparable to the average maturities on the installments. (b) Judgments against the United States, in- cluding final partial judgments and compromise settlements of claims referred to the Attorney General for defense of suits against the United States, for amounts in excess of the deposit in court in actions under section 79c of this title shall be paid in accordance with the provisions of section 1304 of title 31, and section 2414 of title 28. Final partial judgments and compromise set- tlements are payable only after certification by the Attorney General to the Comptroller Gen- eral that it is in the interest of the United States to do so. (Pub. L. 90–545, § 7, Oct. 2, 1968, 82 Stat. 934; Pub. L. 99–151, title II, § 203, Nov. 13, 1985, 99 Stat. 807.) Editorial Notes CODIFICATION ‘‘Section 3171 of title 40’’ substituted in subsec. (a) for ‘‘section 34 of the Act of May 30, 1908 (35 Stat. 545; 40 U.S.C. 261)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 1985—Subsec. (b). Pub. L. 99–151, in amending subsec. (b) generally, inserted provisions relating to final par- tial judgments and compromise settlements, sub- stituted reference to actions under section 79c of this title for reference to condemnation actions, and deleted reference to section 2517 of title 28. § 79h. Memorial groves named for benefactors The present practice of the California Depart- ment of Parks and Recreation of maintaining memorial groves of redwood trees named for benefactors of the State redwood parks shall be continued by the Secretary in the Redwood Na- tional Park. (Pub. L. 90–545, § 8, Oct. 2, 1968, 82 Stat. 934.) § 79i. Administration The Secretary shall administer the Redwood National Park in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535, 16 U.S.C. 1–4),1 as amended and supplemented. (Pub. L. 90–545, § 9, Oct. 2, 1968, 82 Stat. 934.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535, 16 U.S.C. 1–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. § 79j. Authorization of appropriations There are hereby authorized to be appro- priated $92,000,000 for land acquisition to carry out the provisions of this subchapter. (Pub. L. 90–545, § 10, Oct. 2, 1968, 82 Stat. 934.)