16 U.S.C. § 251n — Additional boundary revision

Page 156 TITLE 16—CONSERVATION § 251k ments or other interests that allow only those improvements that the Secretary finds to be reasonably necessary for continued use and oc- cupancy. Any such owner or owners who elects to improve his property or a portion thereof shall submit to the Secretary a plan which shall set forth the manner in which the property is to be improved and the use to which it is proposed to be put. If, upon review of such plan, the Sec- retary determines that it is compatible with the limitations of this section, he in his discretion may issue a permit to such owner and a certifi- cate to that effect. Upon issuance of any such certificate and so long as such property is main- tained and used in conformity therewith, the au- thority of the Secretary to acquire such prop- erty or interest therein without the consent of the owner shall be suspended. (Pub. L. 94–578, title III, § 320(g), Oct. 21, 1976, 90 Stat. 2741.) § 251k. Economic dislocation in land acquisition; exchange of lands; transfers of land within a national forest; concurrence of Secretary of Agriculture In order to minimize economic dislocation in acquiring property within the park, the Sec- retary may acquire with the consent of the owner, lands and interests in lands outside the boundaries of the park, but within the State of Washington, and with the concurrence of the Secretary of Agriculture, he may utilize lands and interests therein within a national forest in the State of Washington hereby authorized to be transferred to the Secretary, for the purpose of exchanging lands and interests so acquired or transferred for property within the park. (Pub. L. 94–578, title III, § 320(h), Oct. 21, 1976, 90 Stat. 2741.) Statutory Notes and Related Subsidiaries LAND EXCHANGES Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 415, pro- vided in part: ‘‘That pursuant to 16 U.S.C. 251k, the Secretary may acquire the 270-acre parcel known as Keystone Spit on Whidbey Island, Washington, and con- vey such parcel to the State of Washington in exchange for the approximately 1,000 acres of tidelands owned by such State within the boundary of Olympic National Park: Provided further, That if recreational uses of these tidelands must be regulated, the National Park Service shall consult with the State of Washington prior to the implementation of any such regulations: Provided further, That the exchange must include the mineral rights of the tidelands.’’ § 251l. Retrocession of lands to State; Quileute Indian Reservation jurisdiction; concurrent legislative jurisdiction with State Effective upon acceptance thereof by the State of Washington (1) the jurisdiction which the United States acquired over those lands ex- cluded from the boundaries of Olympic National Park by section 251e of this title is hereby retroceded to the State: Provided, That the lands restored to the Quileute Indian Reservation shall be subject to the same State and Tribal ju- risdiction as all other trust lands within said Reservation; and (2) there is hereby retroceded to such State concurrent legislative jurisdic- tion, as the Governor of the State of Washington and the Secretary shall determine, over and within all territory within the boundaries of the park as revised by sections 251e to 251m of this title. (Pub. L. 94–578, title III, § 320(i), Oct. 21, 1976, 90 Stat. 2741.) Editorial Notes REFERENCES IN TEXT Section 251e of this title and sections 251e to 251m of this title, referred to in text, were in the original ‘‘sub- section 1(a) of this Act’’ and ‘‘this Act’’, respectively. ‘‘This Act’’ means Pub. L. 94–578. § 251m. Authorization of appropriations There is hereby authorized to be appropriated not to exceed $23,700,000 for the acquisition of lands, privately owned aquatic lands, or inter- ests therein in accordance with the provisions of sections 251e to 251m of this title. No funds au- thorized to be appropriated pursuant to sections 251e to 251m of this title shall be available prior to October 1, 1977. (Pub. L. 94–578, title III, § 320(j), Oct. 21, 1976, 90 Stat. 2741; Pub. L. 96–199, title I, § 110, Mar. 5, 1980, 94 Stat. 70.) Editorial Notes REFERENCES IN TEXT Sections 251e to 251m of this title, referred to in text, was in the original ‘‘this title’’, meaning title III of Pub. L. 94–578. AMENDMENTS 1980—Pub. L. 96–199 substituted ‘‘$23,700,000’’ for ‘‘$13,000,000’’. § 251n. Additional boundary revision (a) The boundary of Olympic National Park, Washington, is hereby revised to include within the park— (1) all submerged lands and waters of Lake Ozette, Washington, and the Ozette River, Washington; (2) all surveyed and unsurveyed islands, above the point of lowest low tide, lying off the coast of the State of Washington in the Pacific Ocean between latitudes 48 degrees 23 minutes north and 47 degrees 34 minutes north: Provided, That such lands as are identi- fied in this paragraph shall continue to be open to fishing and to the taking of shellfish in conformity with the laws and regulations of the State of Washington; (3) those lands between mean high tide and the lowest low tide beginning in section 22, township 24 north, range 13 west Willamette meridian, at the common boundary between the Olympic National Park and the Quinault Indian Reservation, to section 18, township 32 north, range 15 west Willamette meridian, at the common boundary between the Olympic National Park and the Makah Indian Reserva- tion, except those lands directly adjacent to and west of the Hoh, Ozette, and Quillayute Indian Reservations: Provided, That such lands as are identified in this paragraph shall con- Page 157 TITLE 16—CONSERVATION § 253 tinue to be open to fishing and to the taking of shellfish in conformity with the laws and regulations of the State of Washington; and (4) approximately nine thousand six hundred and thirty-eight acres, and to exclude from the park approximately three thousand three hundred and fifty-two acres, as generally de- picted on the maps entitled ‘‘Boundary Modi- fications, Olympic National Forest and Olym- pic National Park’’, numbered 149/60,030A, sheets 1 through 9, and dated September 1986, which shall be on file and available for public inspection in the office of the National Park Service, United States Department of the In- terior. (b) The boundary of Olympic National Forest, Washington, is hereby revised to include in the national forest approximately three thousand three hundred and fifty-two acres and to exclude from the national forest approximately nine thousand three hundred and twenty-four acres, as generally depicted on the maps entitled ‘‘Boundary Modifications, Olympic National Forest and Olympic National Park’’, numbered 149/60,030A, sheets 1 through 9, and dated Sep- tember 1986, which shall be on file and available for public inspection in the office of the Forest Service, United States Department of Agri- culture. (Pub. L. 99–635, § 1(a), (b), Nov. 7, 1986, 100 Stat. 3527; Pub. L. 100–668, title I, § 104(c)(1)–(3), Nov. 16, 1988, 102 Stat. 3962.) Editorial Notes AMENDMENTS 1988—Subsec. (a)(2). Pub. L. 100–668, § 104(c)(1), (2), in- serted ‘‘, above the point of lowest low tide,’’ after ‘‘is- lands’’, substituted ‘‘34 minutes north’’ for ‘‘38 minutes north’’, and inserted proviso at end. Subsec. (b). Pub. L. 100–668, § 104(c)(3), substituted ‘‘sheets 1 through 9’’ for ‘‘sheets 1 through 10’’. Statutory Notes and Related Subsidiaries TRANSFER OF ADMINISTRATIVE JURISDICTION OF EX- CHANGED PARK AND FOREST LANDS; AUTHORIZATION OF APPROPRIATIONS Pub. L. 99–635, §§ 2–5, Nov. 7, 1986, 100 Stat. 3528, 3529, as amended by Pub. L. 100–668, title I, § 104(c)(4)–(6), Nov. 16, 1988, 102 Stat. 3962, provided that: ‘‘SEC. 2. (a) Federal lands, waters, and interests there- in formerly within the boundary of Olympic National Forest which are included within the boundary of Olympic National Park pursuant to section 1 of this Act [16 U.S.C. 251n] are, subject to valid existing rights, hereby transferred to the administrative jurisdiction of the Secretary of the Interior for administration as part of the park, and shall be subject to all the laws and reg- ulations applicable to the park: Provided further, That within section 15, township 24 north, range 9 west Wil- lamette meridian, and within an area extending not more than one mile north of such section, nothing herein shall be construed to limit or otherwise modify the authority of the Secretary of Agriculture to design and construct a forest logging road east of the park boundary: Provided, however, That the Secretary of Ag- riculture shall construct the road as close as prac- tically possible to the park boundary but not more than five hundred feet east of the divide. Following construction, the Secretary of the Interior is hereby authorized and directed to redescribe and relocate the boundary of the park along the eastern clearing limits of the road. ‘‘(b) Federal lands, waters, and interests therein for- merly within the boundary of Olympic National Park which are excluded therefrom pursuant to section 1 of this Act [16 U.S.C. 251n] are, subject to valid existing rights, hereby transferred to the administrative juris- diction of the Secretary of Agriculture for administra- tion as part of Olympic National Forest, and shall be subject to all the laws and regulations applicable to the National Forest System: Provided, That any lands de- leted from the park and included within the Buckhorn Wilderness, Mount Skokomish Wilderness, or The Brothers Wilderness pursuant to this Act [enacting this section and this note] shall be managed in accordance with the provisions of the Washington State Wilderness Act of 1984 (Public Law 98–339, Act of July 3, 1984, 98 Stat. 301). ‘‘SEC. 3. (a) The Secretary of the Interior is author- ized to acquire by donation, purchase with donated or appropriated funds, exchange, bequest or otherwise any non-Federal lands, waters, and interests therein in- cluded within the boundary of Olympic National Park pursuant to section 1 of this Act [16 U.S.C. 251n]: Pro- vided: That any lands, waters, or interests therein owned by the State of Washington or any political sub- division thereof may be acquired only by donation or exchange. ‘‘(b) For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (78 Stat. 903, as amended; [former] 16 U.S.C. 460l–9) [see 54 U.S.C. 100506(c), 200306], the boundary of the Olympic National Forest, as modified pursuant to section 1 of this Act [16 U.S.C. 251n], shall be treated as if it was the boundary of that national forest on January 1, 1965. ‘‘SEC. 4. Effective upon acceptance thereof by the State of Washington, the jurisdiction which the United States acquired over those lands excluded from the boundaries of Olympic National Park by this Act [en- acting this section and this note] is hereby retroceded to the State. ‘‘SEC. 5. There are hereby authorized to be appro- priated such sums as may be necessary to carry out the purposes of this Act [enacting this section and this note], except that the total amounts authorized to be appropriated for the purpose of acquisition of lands, waters, and interests therein pursuant to this Act shall not exceed $1,000,000.’’ § 252. Disposal of mineral rights In the areas of said park lying east of the range line between ranges 9 and 10 and north of the seventh standard parallel, and east of the range line between ranges 4 and 5 west, Willam- ette meridian, all mineral deposits of the classes and kinds now subject to location, entry, and patent under the mining laws of the United States shall be, exclusive of the land containing them, subject to disposal under such laws for a period of five years from June 29, 1938, with rights of occupation and use of so much of the surface of the land as may be required for all purposes reasonably incident to the mining or removal of the minerals and under such general regulations as may be prescribed by the Sec- retary of the Interior. (June 29, 1938, ch. 812, § 2, 52 Stat. 1242.) § 253. Apportionment of income among counties The income of each county receiving moneys from the Olympic National Forest, under sec- tion 500 of this title, shall be proportional to the total area of each county in the Olympic Na- tional Forest and the Olympic National Park combined. (June 29, 1938, ch. 812, § 3, 52 Stat. 1242.)