16 U.S.C. § 79b — Park area

Page 60 TITLE 16—CONSERVATION § 79b 1 So in original. The semicolon probably should not appear. 2 So in original. Probably should be ‘‘patrolling’’. entific study, there is hereby established a Red- wood National Park in Del Norte and Humboldt Counties, California. (Pub. L. 90–545, § 1, Oct. 2, 1968, 82 Stat. 931.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–131, title III, § 301, Dec. 20, 2005, 119 Stat. 2569, provided that: ‘‘This title [amending section 79b of this title] may be cited as the ‘Redwood National Park Boundary Adjustment Act of 2005’.’’ THOMAS H. KUCHEL VISITOR CENTER Pub. L. 105–277, div. A, § 101(e) [title I, § 146], Oct. 21, 1998, 112 Stat. 2681–231, 2681–267, provided that: ‘‘The Redwood Information Center located at 119231 Highway 101 in Orick, California is hereby named the ‘Thomas H. Kuchel Visitor Center’ and shall be referred to in any law, document or record of the United States as the ‘Thomas H. Kuchel Visitor Center’.’’ § 79b. Park area (a) Boundaries; maps; maximum acreage (1) The Redwood National Park consists of the land generally depicted on the map entitled ‘‘Redwood National Park, Revised Boundary’’, numbered 167/60502, and dated February, 2003. (2) The map referred to in paragraph (1) shall be— (A) on file and available for public inspec- tion in the appropriate offices of the National Park Service; and (B) provided by the Secretary of the Interior to the appropriate officers of Del Norte and Humboldt Counties, California. (3) The Secretary; 1 of the Interior (hereinafter referred to as the ‘‘Secretary’’) may from time to time, with a view to carrying out the purpose of this subchapter and with particular attention to minimizing siltation of the streams, damage to the timber, and assuring the preservation of the scenery within the boundaries of the na- tional park as depicted on said maps, modify said boundaries, giving notice of any changes in- volved therein by publication of a revised draw- ing or boundary description in the Federal Reg- ister and by filing said revision with the officers with whom the original maps were filed, but the acreage within said park shall at no time exceed 133,000 acres, exclusive of submerged lands and publicly owned highways and roads. (b) Highways and roads The Secretary is authorized to acquire all or part of existing publicly owned highways and roads within the boundaries of the park as he may deem necessary for park purposes. Until such highways and roads have been acquired, the Secretary may cooperate with appropriate State and local officials in patroling 2 and maintaining such roads and highways. (c) Park protection zone Within the area outside the boundaries of Red- wood National Park indicated as the ‘‘Park Pro- tection Zone’’ on the map entitled ‘‘Proposed Additions, Redwood National Park, California’’, numbered 167–80005–D and dated March 1978, the Secretary is authorized to acquire lands and in- terests in land: Provided, That lands may be ac- quired from a willing seller or upon a finding by the Secretary that failure to acquire all or a portion of such lands could result in physical damage to park resources and following notice to the Committee on Energy and Natural Re- sources of the United States Senate and the Committee on Natural Resources of the House of Representatives. Any lands so acquired shall be managed in a manner which will maximize the protection of the resources of Redwood National Park, and in accordance with the Act of October 21, 1976 (90 Stat. 2743) [43 U.S.C. 1701 et seq.]. Ac- quisition of a parcel of land under the authority of this subsection shall not as a result of such acquisition diminish the right of owners of adja- cent lands to the peaceful use and enjoyment of their land and shall not confer authority upon the Secretary to acquire additional lands except as provided in this subsection. (Pub. L. 90–545, § 2, Oct. 2, 1968, 82 Stat. 931; Pub. L. 95–250, title I, § 101(a)(1), (2), Mar. 27, 1978, 92 Stat. 163; Pub. L. 103–437, § 6(d)(7), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 109–131, title III, § 302, Dec. 20, 2005, 119 Stat. 2569.) Editorial Notes REFERENCES IN TEXT Act of October 21, 1976 (90 Stat. 2743), referred to in subsec. (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. AMENDMENTS 2005—Subsec. (a). Pub. L. 109–131 designated existing provisions of first sentence as par. (1), in par. (1) sub- stituted ‘‘The Redwood National Park consists of the land generally depicted on the map entitled ‘Redwood National Park, Revised Boundary’, numbered 167/60502, and dated February, 2003.’’ for ‘‘The area to be included within the Redwood National Park is that generally de- picted on the maps entitled ‘Redwood National Park,’ numbered NPS–RED–7114–A and NPS–RED–7114–B, and dated September 1968, and the area indicated as ‘Pro- posed Additions’ on the map entitled ‘Additional Lands, Redwood National Park, California,’ numbered 167–80005–D and dated March 1978, copies of which maps shall be kept available for public inspection in the of- fices of the National Park Service, Department of the Interior, and shall be filed with appropriate officers of Del Norte and Humboldt Counties.’’, added par. (2), des- ignated existing provisions of second sentence as par. (3), and in par. (3) substituted ‘‘The Secretary;’’ for ‘‘The Secretary’’ and ‘‘133,000 acres’’ for ‘‘one hundred and six thousand acres’’. 1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. 1978—Subsec. (a). Pub. L. 95–250, § 101(a)(1), (2), in- serted ‘‘and the area indicated as ‘Proposed Additions’ on the map entitled ‘Additional Lands, Redwood Na- tional Park, California’, numbered 167–80005–D and dated March 1978,’’ after ‘‘and dated September 1968,’’ and substituted ‘‘one hundred and six thousand acres, exclusive of submerged lands and publicly owned high- ways and roads’’ for ‘‘fifty-eight thousand acres, exclu- sive of submerged lands’’. Subsec. (b). Pub. L. 95–250, § 101(a)(2), struck out ‘‘by donation only’’ after ‘‘The Secretary is authorized to acquire’’. 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