16 U.S.C. § 1277 — Land acquisition

Page 1746 TITLE 16—CONSERVATION § 1277 1975—Subsec. (a)(28) to (56). Pub. L. 93–621, § 1(a), added pars. (28) to (56). Subsec. (a)(57). Pub. L. 94–199 added par. (57). Subsecs. (b) to (d). Pub. L. 93–621, § 1(b), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1974—Subsecs. (b) to (d). Pub. L. 93–279 redesignated subsecs. (c) and (d) as (b) and (c), respectively. Former subsec. (b), relating to the study of rivers named in subsec. (a) of this section for inclusion in the national wild and scenic river system and submission of reports to the President and the Congress, was incorporated in section 1275(a) of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME The Yakima Indian Nation was renamed the Yakama Nation by Pub. L. 103–434, title XII, § 1204(g), Oct. 31, 1994, 108 Stat. 4557, set out as a note under section 544 of this title. The Delaware and Lehigh Navigation Canal National Heritage Corridor was redesignated the Delaware and Lehigh National Heritage Corridor by Pub. L. 105–355, title IV, § 401, Nov. 6, 1998, 112 Stat. 3258. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–484, § 6, Oct. 17, 1984, 98 Stat. 2260, provided that: ‘‘The provisions of this Act [amending this sec- tion] shall take effect on the date of the enactment of this Act [Oct. 17, 1984].’’ EFFECT ON MANAGEMENT OF LITTLE MANATEE RIVER, FLORIDA Pub. L. 117–328, div. DD, title IV, § 403(c), Dec. 29, 2022, 136 Stat. 5599, provided that: ‘‘This section [amending this section] and the amendments made by this section shall not interfere with the current management of the area of the Little Manatee River described in para- graph (145) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), nor shall the fact that such area is listed for study under that Act [16 U.S.C. 1271 et seq.] be used as justification for more restrictive manage- ment until Congress acts on the study recommenda- tions.’’ EFFECT ON MANAGEMENT OF KISSIMMEE RIVER, FLORIDA Pub. L. 117–328, div. DD, title IV, § 404(c), Dec. 29, 2022, 136 Stat. 5599, provided that: ‘‘This section [amending this section] and the amendments made by this section shall not interfere with the current management of the area of the Kissimmee River described in paragraph (146) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), nor shall the fact that such area is listed for study under that Act [16 U.S.C. 1271 et seq.] be used as justification for more restrictive manage- ment until Congress acts on the study recommenda- tions.’’ GENESEE RIVER PROTECTION Pub. L. 101–175, Nov. 27, 1989, 103 Stat. 1294, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Genesee River Protec- tion Act of 1989’. ‘‘SEC. 2. PROTECTION OF THE GENESEE RIVER. ‘‘In order to protect for present and future genera- tions the outstanding scenic, natural, recreational, sci- entific, cultural, and ecological values of the Genesee River within Letchworth Gorge State Park in the State of New York, and to assist in the protection and en- hancement of the Gorge’s archeological sites of sacred significance to the Seneca Nation, historic areas, en- dangered plant communities, and diverse recreation uses, the protections afforded for rivers listed in sec- tion 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) for study for potential addition to the National Wild and Scenic Rivers System shall apply to the seg- ment of the Genesee River beginning at the southern boundary of Letchworth Gorge State Park and extend- ing downstream to the Mt. Morris Dam, except that the protection so afforded shall not interfere with the Sec- retary of the Army’s operation and management of Mt. Morris Dam as authorized for purposes of flood con- trol.’’ § 1277. Land acquisition (a) Grant of authority to acquire; State and In- dian lands; use of appropriated funds; acqui- sition of tracts partially outside component boundaries; disposition of lands (1) The Secretary of the Interior and the Sec- retary of Agriculture are each authorized to ac- quire lands and interests in land within the au- thorized boundaries of any component of the na- tional wild and scenic rivers system designated in section 1274 of this title, or hereafter des- ignated for inclusion in the system by Act of Congress, which is administered by him, but he shall not acquire fee title to an average of more than 100 acres per mile on both sides of the river. Lands owned by a State may be acquired only by donation or by exchange in accordance with subsection (d) of this section. Lands owned by an Indian tribe or a political subdivision of a State may not be acquired without the consent of the appropriate governing body thereof as long as the Indian tribe or political subdivision is following a plan for management and protec- tion of the lands which the Secretary finds pro- tects the land and assures its use for purposes consistent with this chapter. Money appro- priated for Federal purposes from the land and water conservation fund shall, without prejudice to the use of appropriations from other sources, be available to Federal departments and agen- cies for the acquisition of property for the pur- poses of this chapter. (2) When a tract of land lies partially within and partially outside the boundaries of a compo- nent of the National Wild and Scenic Rivers System, the appropriate Secretary may, with the consent of the landowners for the portion outside the boundaries, acquire the entire tract. The land or interest therein so acquired outside the boundaries shall not be counted against the average one-hundred-acre-per-mile fee title limi- tation of subsection (a)(1). The lands or interests therein outside such boundaries, shall be dis- posed of, consistent with existing authorities of law, by sale, lease, or exchange. (b) Curtailment of condemnation power in area 50 per centum or more of which is owned in fee title by Federal or State government If 50 per centum or more of the entire acreage outside the ordinary high water mark on both sides of the river within a federally adminis- tered wild, scenic or recreational river area is owned in fee title by the United States, by the State or States within which it lies, or by polit- ical subdivisions of those States, neither Sec- retary shall acquire fee title to any lands by condemnation under authority of this chapter. Nothing contained in this section, however, shall preclude the use of condemnation when necessary to clear title or to acquire scenic easements or such other easements as are rea- Page 1747 TITLE 16—CONSERVATION § 1277 sonably necessary to give the public access to the river and to permit its members to traverse the length of the area or of selected segments thereof. (c) Curtailment of condemnation power in urban areas covered by valid and satisfactory zon- ing ordinances Neither the Secretary of the Interior nor the Secretary of Agriculture may acquire lands by condemnation, for the purpose of including such lands in any national wild, scenic or rec- reational river area, if such lands are located within any incorporated city, village, or bor- ough which has in force and applicable to such lands a duly adopted, valid zoning ordinance that conforms with the purposes of this chapter. In order to carry out the provisions of this sub- section the appropriate Secretary shall issue guidelines, specifying standards for local zoning ordinances, which are consistent with the pur- poses of this chapter. The standards specified in such guidelines shall have the object of (A) pro- hibiting new commercial or industrial uses other than commercial or industrial uses which are consistent with the purposes of this chapter, and (B) the protection of the bank lands by means of acreage, frontage, and setback require- ments on development. (d) Exchange of property The appropriate Secretary is authorized to ac- cept title to non-Federal property within the au- thorized boundaries of any federally adminis- tered component of the national wild and scenic rivers system designated in section 1274 of this title or hereafter designated for inclusion in the system by Act of Congress and, in exchange therefor, convey to the grantor any federally owned property which is under his jurisdiction within the State in which the component lies and which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal or, if they are not approximately equal, shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances re- quire. (e) Transfer of jurisdiction over federally owned property to appropriate Secretary The head of any Federal department or agency having administrative jurisdiction over any lands or interests in land within the authorized boundaries of any federally administered compo- nent of the national wild and scenic rivers sys- tem designated in section 1274 of this title or hereafter designated for inclusion in the system by Act of Congress is authorized to transfer to the appropriate secretary jurisdiction over such lands for administration in accordance with the provisions of this chapter. Lands acquired by or transferred to the Secretary of Agriculture for the purposes of this chapter within or adjacent to a national forest shall upon such acquisition or transfer become national forest lands. (f) Acceptance of donated land, funds, and other property The appropriate Secretary is authorized to ac- cept donations of lands and interests in land, funds, and other property for use in connection with his administration of the national wild and scenic rivers system. (g) Retained right of use and occupancy; termi- nation; fair market value; ‘‘improved prop- erty’’ defined (1) Any owner or owners (hereinafter in this subsection referred to as ‘‘owner’’) of improved property on the date of its acquisition, may re- tain for themselves and their successors or as- signs a right of use and occupancy of the im- proved property for noncommercial residential purposes for a definite term not to exceed twen- ty-five years or, in lieu thereof, for a term end- ing at the death of the owner, or the death of his spouse, or the death of either or both of them. The owner shall elect the term to be reserved. The appropriate Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. (2) A right of use and occupancy retained pur- suant to this subsection shall be subject to ter- mination whenever the appropriate Secretary is given reasonable cause to find that such use and occupancy is being exercised in a manner which conflicts with the purposes of this chapter. In the event of such a finding, the Secretary shall tender to the holder of that right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. Such right of use or occupancy shall terminate by operation of law upon tender of the fair market price. (3) The term ‘‘improved property’’, as used in this chapter, means a detached, one-family dwelling (hereinafter referred to as ‘‘dwelling’’), the construction of which was begun before Jan- uary 1, 1967, (except where a different date is specifically provided by law with respect to any particular river) together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwell- ing, as the appropriate 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. (Pub. L. 90–542, § 6, Oct. 2, 1968, 82 Stat. 912; Pub. L. 95–625, title VII, § 763(b), Nov. 10, 1978, 92 Stat. 3533; Pub. L. 99–590, title V, § 504, Oct. 30, 1986, 100 Stat. 3336.) Editorial Notes AMENDMENTS 1986—Subsec. (a). Pub. L. 99–590, § 504(b), (c), des- ignated existing provisions as par. (1), inserted provi- sions relating to acquisition of lands by exchange in ac- cordance with subsec. (d) of this section, and added par. (2). Subsec. (b). Pub. L. 99–590, § 504(d), inserted require- ment that acreage be outside ordinary high water mark on both sides of the river, and inserted ‘‘in fee title’’ after ‘‘owned’’. Subsec. (e). Pub. L. 99–590, § 504(a), substituted ‘‘Con- gress is’’ for ‘‘Congress in’’. 1978—Subsec. (g)(3). Pub. L. 95–625 inserted ‘‘(except where a different date is specifically provided by law with respect to any particular river)’’. Page 1748 TITLE 16—CONSERVATION § 1278 § 1278. Restrictions on water resources projects (a) Construction projects licensed by Federal En- ergy Regulatory Commission The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, trans- mission line, or other project works under the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly affecting any river which is designated in section 1274 of this title as a component of the national wild and scenic rivers system or which is hereafter des- ignated for inclusion in that system, and no de- partment or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration. Nothing contained in the fore- going sentence, however, shall preclude licens- ing of, or assistance to, developments below or above a wild, scenic or recreational river area or on any stream tributary thereto which will not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area on the date of designation of a river as a component of the National Wild and Scenic Rivers System. No department or agency of the United States shall recommend authoriza- tion of any water resources project that would have a direct and adverse effect on the values for which such river was established, as deter- mined by the Secretary charged with its admin- istration, or request appropriations to begin construction of any such project, whether here- tofore or hereafter authorized, without advising the Secretary of the Interior or the Secretary of Agriculture, as the case may be, in writing of its intention so to do at least sixty days in advance, and without specifically reporting to the Con- gress in writing at the time it makes its rec- ommendation or request in what respect con- struction of such project would be in conflict with the purposes of this chapter and would af- fect the component and the values to be pro- tected by it under this chapter. Any license heretofore or hereafter issued by the Federal Energy Regulatory Commission affecting the New River of North Carolina shall continue to be effective only for that portion of the river which is not included in the National Wild and Scenic Rivers System pursuant to section 1273 of this title and no project or undertaking so li- censed shall be permitted to invade, inundate or otherwise adversely affect such river segment. (b) Construction projects on rivers designated for potential addition to system The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, trans- mission line, or other project works under the Federal Power Act, as amended [16 U.S.C. 791a et seq.], on or directly affecting any river which is listed in section 1276(a) of this title, and no de- partment or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river might be designated, as determined by the Secretary responsible for its study or approval— (i) during the ten-year period following Oc- tober 2, 1968, or for a three complete fiscal year period following any Act of Congress des- ignating any river for potential addition to the national wild and scenic rivers system, whichever is later, unless, prior to the expira- tion of the relevant period, the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture, on the basis of study, determine that such river should not be included in the national wild and scenic rivers system and notify the Com- mittee on Energy and Natural Resources of the Senate and the Committee on Natural Re- sources of the House of Representatives, in writing, including a copy of the study upon which the determination was made, at least one hundred and eighty days while Congress is in session prior to publishing notice to that ef- fect in the Federal Register: Provided, That if any Act designating any river or rivers for po- tential addition to the national wild and sce- nic rivers system provides a period for the study or studies which exceeds such three complete fiscal year period the period pro- vided for in such Act shall be substituted for the three complete fiscal year period in the provisions of this clause (i); and (ii) during such interim period from the date a report is due and the time a report is actu- ally submitted to the Congress; and (iii) during such additional period thereafter as, in the case of any river the report for which is submitted to the President and the Congress, is necessary for congressional con- sideration thereof or, in the case of any river recommended to the Secretary of the Interior for inclusion in the national wild and scenic rivers system under section 1273(a)(ii) of this title, is necessary for the Secretary’s consider- ation thereof, which additional period, how- ever, shall not exceed three years in the first case and one year in the second. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assist- ance to, developments below or above a poten- tial wild, scenic or recreational river area or on any stream tributary thereto which will not in- vade the area or diminish the scenic, rec- reational, and fish and wildlife values present in the potential wild, scenic or recreational river area on the date of designation of a river for study as provided for in section 1276 of this title. No department or agency of the United States shall, during the periods hereinbefore specified, recommend authorization of any water re- sources project on any such river or request ap- propriations to begin construction of any such project, whether heretofore or hereafter author- ized, without advising the Secretary of the Inte- rior and, where national forest lands are in- volved, the Secretary of Agriculture in writing of its intention so to do at least sixty days in advance of doing so and without specifically re- porting to the Congress in writing at the time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this chapter and