16 U.S.C. § 410ff — Establishment

Page 299 TITLE 16—CONSERVATION § 410ff vacancy in the same manner in which the origi- nal appointment was made. (2) Members of the Commission shall serve without compensation as such, but the Sec- retary may pay expenses reasonably incurred by the Commission and may reimburse members for reasonable expenses incurred in carrying out their responsibilities under this section on vouchers signed by the Chairman. (3) All appointments to the Commission shall be made by the Secretary within six months after November 10, 1978, and the Secretary, or his designee, shall from time to time, but at least semiannually, meet and consult with the Advisory Commission in matters relating to the park and with respect to carrying out the provi- sions of this section. (4) Unless extended by Act of Congress, this Commission shall terminate ten years after the date of its first meeting with the Secretary or his designee. (f) Authorization of appropriations (1) There are hereby authorized to be appro- priated such sums as may be necessary to carry out the purposes of this section, but not more than $10,000,000 for the acquisition of lands and interests in lands. (2) For the development of essential public fa- cilities there are authorized to be appropriated not more than $15,000,000. (Pub. L. 95–629, title II, § 201, Nov. 10, 1978, 92 Stat. 3636; Pub. L. 96–344, § 13, Sept. 8, 1980, 94 Stat. 1136; Pub. L. 101–628, title V, § 501, Nov. 28, 1990, 104 Stat. 4492; Pub. L. 103–437, § 6(j), Nov. 2, 1994, 108 Stat. 4585; Pub. L. 113–291, div. B, title XXX, § 3042, Dec. 19, 2014, 128 Stat. 3792.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), referred to in subsec. (d), 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 Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and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. The Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467), referred to in subsec. (d), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and An- tiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, 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. AMENDMENTS 2014—Pub. L. 113–291, § 3042(1), inserted section catch- line. Subsec. (a). Pub. L. 113–291 inserted subsec. heading, designated first, second, and third sentences as pars. (1), (2), and (4), respectively, inserted par. headings, and added par. (3). 1994—Subsec. (a). Pub. L. 103–437, § 6(j)(1), substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. Subsec. (f)(2). Pub. L. 103–437, § 6(j)(2), struck out at end ‘‘Within one year from November 10, 1978, the Sec- retary shall develop and transmit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a final master plan for the development of the park consistent with the objectives of this section, indicating (A) the facilities needed to accommodate the health, safety, and interpretive needs of the visiting public; (B) the lo- cation and estimated cost of all facilities; and (C) the projected need for any additional facilities within the park.’’ 1990—Subsec. (a). Pub. L. 101–628, § 501(a), inserted after first sentence ‘‘The park shall also consist of the lands and interests therein within the area bounded by the line depicted as ‘Proposed Boundary Extension’ on the maps entitled ‘San Antonio Missions National His- torical Park’, numbered 472–80,075, 472–80,076, 472–80,077, 472–80,078, 472–80,079, 472–80,080, and 472–80,081 and dated June 7, 1990, which shall be on file and available for public inspection in the same manner as is such draw- ing.’’ Subsec. (f)(2). Pub. L. 101–628, § 501(b), substituted ‘‘$15,000,000’’ for ‘‘$500,000’’. 1980—Subsec. (e)(1). Pub. L. 96–344 substituted ‘‘elev- en’’ for ‘‘seven’’ in provision preceding subpar. (A) and ‘‘six’’ for ‘‘two’’ in subpar. (F). SUBCHAPTER LIX–D—CHANNEL ISLANDS NATIONAL PARK § 410ff. Establishment In order to protect the nationally significant natural, scenic, wildlife, marine, ecological, ar- chaeological, cultural, and scientific values of the Channel Islands in the State of California, including, but not limited to, the following: (1) the brown pelican nesting area; (2) the undisturbed tide pools providing spe- cies diversity unique to the eastern Pacific coast; (3) the pinnipeds which breed and pup almost exclusively on the Channel islands, including the only breeding colony for northern fur seals south of Alaska; (4) the Eolian landforms and caliche; (5) the presumed burial place of Juan Rod- riquez Cabrillo; and (6) the archaeological evidence of substan- tial populations of Native Americans; there is hereby established the Channel Islands National Park, the boundaries of which shall in- clude San Miguel and Prince Islands, Santa Rosa, Santa Cruz, Anacapa, and Santa Barbara Islands, including the rocks, islets, submerged lands, and waters within one nautical mile of each island, as depicted on the map entitled, ‘‘Proposed Channel Islands National Park’’ num- bered 159–20,008 and dated April 1979, which shall be on file and available for public inspection in the offices of the Superintendent of the park and the Director of the National Park Service, De- partment of the Interior. The Channel Islands National Monument is hereby abolished as such, and the lands, waters, and interests therein withdrawn or reserved for the monument are Page 300 TITLE 16—CONSERVATION § 410ff–1 hereby incorporated within and made a part of the new Channel Islands National Park. (Pub. L. 96–199, title II, § 201, Mar. 5, 1980, 94 Stat. 74.) Statutory Notes and Related Subsidiaries ROBERT J. LAGOMARSINO VISITOR CENTER Pub. L. 104–333, div. I, title VIII, § 809, Nov. 12, 1996, 110 Stat. 4189, as amended by Pub. L. 106–176, title I, § 119, Mar. 10, 2000, 114 Stat. 28, provided that: ‘‘(a) DESIGNATION.—The visitor center at the Channel Islands National Park, California, is designated as the ‘Robert J. Lagomarsino Visitor Center’. ‘‘(b) LEGAL REFERENCES.—Any reference in any law, regulation, document, record, map, or other document of the United States to the visitor center referred to in subsection (a) is deemed to be a reference to the ‘Rob- ert J. Lagomarsino Visitor Center’.’’ Similar provisions were contained in Pub. L. 104–208, div. A, title I, § 101(d) [title I, § 125], Sept. 30, 1996, 110 Stat. 3009–181, 3009–204. § 410ff–1. Acquisition of property (a) Authority of Secretary of the Interior; fair market value; State-owned land; Federal property located within park Within the boundaries of the park as estab- lished in section 410ff of this title, the Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) is authorized to acquire lands, wa- ters, or interests therein (including but not lim- ited to scenic easements) by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or other- wise. Unless the property is wholly or partially donated, the Secretary shall pay to the owner the fair market value of the property on the date of its acquisition, less the fair market value on that date of any right retained by the owner. Any lands, waters, or interests therein owned by the State of California or any political subdivision thereof shall not be acquired. Not- withstanding any other provision of law, Fed- eral property located within the boundaries of the park shall with the concurrence of the head of the agency having custody thereof, be trans- ferred to the administrative jurisdiction of the Secretary for the purposes of the park: Provided, That the Secretary shall permit the use of feder- ally owned park lands and waters which (i) have been transferred from another Federal agency pursuant to this section or which (ii) were the subject of a lease or permit issued by a Federal agency as of March 5, 1980, for essential national security missions and for navigational aids, sub- ject to such terms and conditions as the Sec- retary deems necessary to protect park re- sources. (b) Lands owned, or under option to, National Park Foundation, The Nature Conservancy, or similar organizations Notwithstanding the acquisition authority contained in subsection (a), any lands, waters, or interests therein, which are owned wholly or in part, by or which hereafter may be owned by, or under option to, the National Park Founda- tion, The Nature Conservancy (including any lands, waters, or interests therein which are des- ignated as ‘‘Nature Conservancy Lands’’ on the map referred to in section 410ff of this title) or any similar national, nonprofit conservation or- ganization, or an affiliate or subsidiary thereof shall be acquired only with the consent of the owner thereof: Provided, That the Secretary may acquire such property in accordance with the provisions of this subchapter if he determines that the property is undergoing or is about to undergo a change in use which is inconsistent with the purposes of this subchapter. (c) Privately owned lands on Santa Rosa Island With respect to the privately owned lands on Santa Rosa Island, the Secretary shall acquire such lands as expeditiously as possible after March 5, 1980. The acquisition of these lands shall take priority over the acquisition of other privately owned lands within the park. (d) Retention of rights by owners; compatible use under lease (1) The owner of any private property may, on the date of its acquisition and as a condition of such acquisition, retain for himself a right of use and occupancy of all or such portion of such property as the owner may elect for a definite term of not more than twenty-five years, or end- ing at the death of the owner, or his spouse, whichever is later. The owner shall elect the term to be reserved. Any such right retained pursuant to this subsection with respect to any property shall be subject to termination by the Secretary upon his determination that such property is being used for any purpose which is incompatible with the administration of the park or with the preservation of the resources therein, and it shall terminate by operation of law upon notification by the Secretary to the holder of the right, of such determination and tendering to him the amount equal to the fair market value of that portion which remains un- expired. (2) In the case of any property acquired by the Secretary pursuant to this subchapter with re- spect to which a right of use and occupancy was not reserved by the former owner pursuant to this subsection, at the request of the former owner, the Secretary may enter into a lease agreement with the former owner under which the former owner may continue any existing use of such property which is compatible with the administration of the park and with the preser- vation of the resources therein. (3) Any right retained pursuant to this sub- section, and any lease entered into under para- graph (2), shall be subject to such access and other provisions as may be required by the Sec- retary for visitor use and resources manage- ment. (e) Acquisition of certain property on Santa Cruz Island (1) Notwithstanding any other provision of law, effective 90 days after November 12, 1996, all right, title, and interest in and to, and the right to immediate possession of, the real property on the eastern end of Santa Cruz Island which is known as the Gherini Ranch is hereby vested in the United States, except for the reserved rights of use and occupancy set forth in Instrument No. 90–027494 recorded in the Official Records of the County of Santa Barbara, California. (2) The United States shall pay just compensa- tion to the owners of any real property taken