16 U.S.C. § 79c — Acquisition of land

Page 61 TITLE 16—CONSERVATION § 79c 1 See References in Text note below. Subsec. (c). Pub. L. 95–250, § 101(a)(2), added subsec. (c). § 79c. Acquisition of land (a) Authority of Secretary; administrative sites; manner and place; donation of State lands; reverters and other conditions The Secretary is authorized to acquire lands and interests in land within the boundaries of the Redwood National Park and, in addition thereto, not more than ten acres outside of those boundaries for an administrative site or sites. Such acquisition may be by donation, pur- chase with appropriated or donated funds, ex- change, or otherwise, but lands and interests in land owned by the State of California may be ac- quired only by donation which donation of lands or interest in lands may be accepted in the dis- cretion of the Secretary subject to such pre- existing reverters and other conditions as may appear in the title to these lands held by the State of California, and such other reverters and conditions as may be consistent with the use and management of the donated lands as a por- tion of Redwood National Park. Notwith- standing any other provision of law, the Sec- retary may expend appropriated funds for the management of and for the construction, design, and maintenance of permanent improvements on such lands and interests in land as are do- nated by the State of California in a manner not inconsistent with such reverters and other con- ditions. (b) Vested and possessory rights in certain real property; termination of operations; removal of equipment, facilities, and personal prop- erty; down tree personal property; acquired roads; just compensation; payment; jurisdic- tion; acreage limitation; notice (1) Effective on October 2, 1968, there is hereby vested in the United States all right, title, and interest in, and the right to immediate posses- sion of, all real property within the park bound- aries designated in maps NPS–RED–7114–A and NPS–RED–7114–B and effective on March 27, 1978, there is hereby vested in the United States all right, title, and interest in, and the right to im- mediate possession of, all real 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, and all right, title, and interest in, and the right to imme- diate possession of the down tree personal prop- erty (trees severed from the ground by man) sev- ered prior to January 1, 1975, or subsequent to January 31, 1978, within the area indicated as ‘‘Proposed Additions’’ on the map entitled ‘‘Ad- ditional Lands, Redwood National Park, Cali- fornia,’’ numbered 167–80005–D and dated March 1978, except real property owned by the State of California or a political subdivision thereof and except as provided in paragraph (3) of this sub- section. The Secretary shall allow for the or- derly termination of all operations on real prop- erty acquired by the United States under this subsection, and for the removal of equipment, facilities, and personal property therefrom. Down tree personal property severed subse- quent to December 31, 1974, and prior to Feb- ruary 1, 1978 may be removed in accordance with applicable State and Federal law, or other appli- cable licenses, permits, and existing agreements, unless the Secretary determines that the re- moval of such down timber would damage sec- ond growth resources or result in excessive sedi- mentation in Redwood Creek: Provided, however, That down timber lying in stream beds may not be removed without permission of the Secretary: Provided, That such removal shall also be sub- ject to such reasonable conditions as may be re- quired by the Secretary to insure the continued availability of raw materials to Redwoods United, Incorporated, a nonprofit corporation located in Manila, California. The Secretary shall permit, at existing levels and extent of access and use, continued access and use of each acquired segment of the B line, L line, M line, and K and K roads by each cur- rent affected woods employer or its successor in title and interest: Provided, That such use is limited to forest and land management and pro- tection purposes, including timber harvesting and road maintenance. The Secretary shall per- mit, at existing levels and extent of access and use, continued access and use of acquired por- tions of the Bald Hills road by each current af- fected woods employer or its successor in title and interest: Provided further, That nothing in this sentence shall diminish the authority of the Secretary to otherwise regulate the use of the Bald Hills road. (2) The United States will pay just compensa- tion to the owner of any real property taken by paragraph (1) of this subsection. Such compensa- tion shall be paid either: (A) by the Secretary of the Treasury from money appropriated from the Land and Water Conservation Fund, including money appropriated to the Fund pursuant to section 4(b) 1 of the Land and Water Conserva- tion Fund Act of 1965, as amended, subject to the appropriation limitation in section 79j of this title, upon certification to him by the Secretary of the agreed negotiated value of such property, or the valuation of the property awarded by judgment, including interest at the rate of 6 per centum per annum from the date of taking the property to the date of payment therefor; or (B) by the Secretary, if the owner of the land con- curs, with any federally owned property avail- able to him for purposes of exchange pursuant to the provisions of section 79e of this title; or (C) by the Secretary using any combination of such money or federally owned property. Any action against the United States with regard to the provisions of this subchapter and for the recov- ery of just compensation for the lands and inter- ests therein taken by the United States, and for the down tree personal property taken, shall be brought in the United States district court for the district where the land is located without regard to the amount claimed. The United States may initiate proceedings at any time seeking a determination of just compensation in the district court in the manner provided by sec- tions 1358 and 1403 of title 28 and may deposit in the registry of the court the estimated just com- pensation, or a part thereof, in accordance with the procedure generally described by section Page 62 TITLE 16—CONSERVATION § 79c 3114(a)–(d) of title 40. Interest shall not be al- lowed on such amounts as shall have been paid into the court. In the event that the Secretary determines that the fee simple title to any prop- erty (real or personal) taken under this section is not necessary for the purposes of this sub- chapter, he may, with particular attention to minimizing the payment of severance damages and to allow for the orderly removal of down timber, revest title to such property subject to such reservations, terms, and conditions, if any, as he deems appropriate to carry out the pur- poses of this subchapter, and may compensate the former owner for no more than the fair mar- ket value of the rights so reserved, except that the Secretary may not revest title to any prop- erty for which just compensation has been paid; or, the Secretary may sell at fair market value without regard to the requirements of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 such down timber as in his judgment may be removed without damage to the park, the proceeds from such sales being credited to the Treasury of the United States. If the State of California designates a right-of-way for a bypass highway around the eastern bound- ary of Prairie Creek Redwood State Park prior to October 1, 1984, the Secretary is authorized and directed to acquire such lands or interests in lands as may be necessary for such a highway and, subject to such conditions as the Secretary may determine are necessary to assure the ade- quate protection of Redwood National Park, shall thereupon donate the designated right-of- way to the State of California for a new bypass highway from a point south of Prairie Creek Redwood State Park through the drainage of May Creek and Boyes Creek to extend along the eastern boundary of Prairie Creek Redwood State Park within Humboldt County. Such acre- age as may be necessary in the judgment of the Secretary for this conveyance, and for a buffer thereof, shall be deemed to be a publicly owned highway for purposes of section 79b(a) of this title effective on March 27, 1978. (3) This subsection shall apply to ownerships of fifty acres or less only if such ownerships are held or occupied primarily for nonresidential or nonagricultural purposes, and if the Secretary gives notice to the owner within sixty days after October 2, 1968, of the application of this sub- section. Notice by the Secretary shall be deemed to have been made as of October 2, 1968. The dis- trict court of the United States for that district in which such ownerships are located shall have jurisdiction to hear and determine any action brought by any person having an interest there- in for damages occurring by reason of the tem- porary application of this paragraph, between October 2, 1968, and the date upon which the Sec- retary gives such notice. Nothing in this para- graph shall be construed as affecting the author- ity of the Secretary under subsections (a) and (c) of this section to acquire such areas for the purposes of this subchapter. (c) Minimization of severance damages; costs not chargeable against appropriations authoriza- tion If any individual tract or parcel of land ac- quired is partly inside and partly outside the boundaries of the park or the administrative site the Secretary may, in order to minimize the payment of severance damages, acquire the whole of the tract or parcel and exchange that part of it which is outside the boundaries for land or interests in land inside the boundaries or for other land or interests in land acquired pur- suant to this subchapter, and dispose of so much thereof as is not so utilized in accordance with the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. The cost of any land so acquired and disposed of shall not be charged against the limitation on authorized appropriations contained in section 79j of this title. (d) Lands for screen of trees along certain high- way The Secretary is further authorized to ac- quire, as provided in subsection (a) of this sec- tion, lands and interests in land bordering both sides of the highway between the present south- ern boundary of Prairie Creek Redwood State Park and a point on Redwood Creek near the town of Orick to a depth sufficient to maintain or to restore a screen of trees between the high- way and the land behind the screen and the ac- tivities conducted thereon. (e) Timber, soil, and stream protection; ‘‘interests in land’’ defined; notice to Congress of in- tended action, costs, and benefits requisite for acquisitions, contracts, or cooperative agreements; availability of funds; authoriza- tion of appropriations; rehabilitative activi- ties In order to afford as full protection as is rea- sonably possible to the timber, soil, and streams within the boundaries of the park, the Secretary is authorized, by any of the means set out in subsections (a) and (c) of this section, to acquire interests in land from, and to enter into con- tracts and cooperative agreements with, the owners of land on the periphery of the park and on watersheds tributary to streams within the park designed to assure that the consequences of forestry management, timbering, land use, and soil conservation practices conducted thereon, or of the lack of such practices, will not ad- versely affect the timber, soil, and streams within the park as aforesaid. As used in this sub- section, the term ‘‘interests in land’’ does not include fee title unless the Secretary finds that the cost of a necessary less-than-fee interest would be disproportionately high as compared with the estimated cost of the fee. No acquisi- tion other than by donation shall be effectuated and no contract or cooperative agreement shall be executed by the Secretary pursuant to the provisions of this subsection until after he has notified the President of the Senate and the Speaker of the House of Representatives of his intended action and of the costs and benefits to the United States involved therein. Effective on March 27, 1978, there are made available from the amounts provided in section 79j of this title or as may be hereafter provided such sums as may be necessary for the acquisition of interests in land. Effective on October 1, 1978, there are authorized to be appropriated such sums as may be necessary for the implementation of con- Page 63 TITLE 16—CONSERVATION § 79c tracts and cooperative agreements pursuant to this subsection: Provided, That it is the express intent of Congress that the Secretary shall to the greatest degree possible insure that such contracts and cooperative agreements provide for the maximum retention of senior employees by such owners and for their utilization in reha- bilitation and other efforts. The Secretary, in consultation with the Secretary of Agriculture, is further authorized, pursuant to contract or cooperative agreement with agencies of the Fed- eral Executive, the State of California, any po- litical or governmental subdivision thereof, any corporation, not-for-profit corporation, private entity or person, to initiate, provide funds, equipment, and personnel for the development and implementation of a program for the reha- bilitation of areas within and upstream from the park contributing significant sedimentation be- cause of past logging disturbances and road con- ditions, and, to the extent feasible, to reduce risk of damage to streamside areas adjacent to Redwood Creek and for other reasons: Provided further, That authority to make payments under this subsection shall be effective only to such extent or in such amounts as are provided in ad- vance in appropriation Acts. Such contracts or cooperative agreements shall be subject to such other conditions as the Secretary may deter- mine necessary to assure the adequate protec- tion of Redwood National Park generally, and to provide employment opportunities to those indi- viduals affected by this taking and to contribute to the economic revival of Del Norte and Hum- boldt Counties in northern California. The Sec- retary shall undertake and publish studies on erosion and sedimentation originating within the hydrographic basin of Redwood Creek with particular effort to identify sources and causes, including differentiation between natural and man-aggravated conditions, and shall adapt his general management plan to benefit from the re- sults of such studies. The Secretary, or the Sec- retary of Agriculture, where appropriate, shall also manage any additional Federal lands under his jurisdiction that are within the hydro- graphic basin of Redwood Creek in a manner which will minimize sedimentation which could affect the park, and in coordination with plans for sediment management within the basin. To effectuate the provisions of this subsection, and to further develop scientific and professional in- formation and data concerning the Redwood Forest ecosystem, and the various factors that may affect it, the Secretary may authorize ac- cess to the area subject to this subsection by designated representatives of the United States. (Pub. L. 90–545, § 3, Oct. 2, 1968, 82 Stat. 931; Pub. L. 95–250, title I, § 101(a)(3)–(6), Mar. 27, 1978, 92 Stat. 163–165.) Editorial Notes REFERENCES IN TEXT Section 4(b) of the Land and Water Conservation Fund Act of 1965, referred to in subsec. (b)(2), probably means section 5(b), formerly section 4(b), of Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 900, which was classified to section 460l–7(b) of this title and which related to ad- vance appropriations. Section 5(b) was repealed by Pub. L. 94–422, title I, §101(2), Sept. 28, 1976, 90 Stat. 1314. The remainder of section 5 was repealed and restated as sec- tion 200304 of Title 54, National Park Service and Re- lated Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. Section 79b(a) of this title, referred to in subsec. (b)(2), was in the original ‘‘section 101(a)(2) of this amendment’’, meaning section 101(a)(2) of Pub. L. 95–250, which amended section 79b(a) of this title. CODIFICATION ‘‘Section 3114(a)–(d) of title 40’’ substituted in subsec. (b)(2) for ‘‘section 258a of title 40, United States Code’’ 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. In subsec. (b)(2), ‘‘chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949, as amended,’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended (40 U.S.C. 471 et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1978—Subsec. (a). Pub. L. 95–250, § 101(a)(3), inserted provisions authorizing the Secretary to accept dona- tions of lands owned by the State of California subject to such preexisting reverters and other conditions as may appear in the title to those lands and such other reverters and conditions as may be consistent with the use and management of the donated lands as a portion of the Redwood National Park and further authorizing the Secretary to expend appropriated funds for perma- nent improvements on the donated lands in a manner not inconsistent with the reverters and other condi- tions. Subsec. (b)(1). Pub. L. 95–250, § 101(a)(4), expanded ex- isting provisions, effective Mar. 27, 1978, by inserting references to the vesting in the United States of all right, title, and interest in, and right to immediate possession of, all real property, and to immediate pos- session of down tree personal property, within the area indicated as ‘‘Proposed Additions’’ on the map entitled ‘‘Additional Lands, Redwood National Park, Cali- fornia’’, numbered 167–80005–D and dated March 1978, and inserted two unlettered paragraphs relating, re- spectively, to the removal of down tree personal prop- erty and to the continued access and use of acquired roads. Subsec. (b)(2). Pub. L. 95–250, § 101(a)(5), struck out provision for the bringing of actions in the Court of Claims, as provided in section 1491 of title 28, against the United States for the recovery of just compensation for the land and interests therein taken by the United States and inserted provisions directing that such ac- tions, as well as actions for down tree personal prop- erty taken, be brought in the United States district court for the district where the land is located without regard to the amount claimed, authorizing the United States to initiate proceedings to determine just com- pensation and to deposit the estimated just compensa- tion in the registry of the court, making provision for the revestment of title in cases where the Secretary de- termines that fee simple title is not necessary, and oth- erwise relating to the right-of-way for a new bypass highway. Subsec. (e). Pub. L. 95–250, § 101(a)(6), substituted ‘‘until after he has notified the President of the Sen- 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