§ 251g. — Land acquisition; study and investigation of use of private lands; transmittal to President and Congress; transfer of lands to Secretary of Agriculture; excluded property within Indian reservation; continuation of concession contracts; termination of concession contracts and purchase of possessory interest; Indian hunting and fishing rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC251g]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXVII--OLYMPIC NATIONAL PARK
Sec. 251g. Land acquisition; study and investigation of use of
private lands; transmittal to President and Congress; transfer
of lands to Secretary of Agriculture; excluded property within
Indian reservation; continuation of concession contracts;
termination of concession contracts and purchase of possessory
interest; Indian hunting and fishing rights
Notwithstanding any other provision of law, within the boundaries of
the park as revised by and pursuant to sections 251e to 251m of this
title, the Secretary is authorized to acquire lands, privately owned
aquatic lands, and interests therein by donation, purchase with donated
or appropriated funds, exchange, or transfer from any Federal agency.
Property so acquired shall become part of Olympic National Park and
shall be administered by the Secretary subject to the laws and
regulations applicable to such park. The Secretary is authorized and
directed to exclude from the boundaries of the park such private lands
and publicly owned and maintained roads within Grays Harbor County which
are near and adjacent to Lake Quinault, and which do not exceed two
thousand, one hundred and sixty-eight acres in total. Prior to excluding
such lands from the park, the Secretary shall study and investigate
current and prospective uses of the private lands, as well as the
implications of their exclusion both for the lands involved and for
Olympic National Park. The results of such study shall be transmitted to
the President and to the Congress within two years of October 21, 1976,
and shall take effect unless disapproved by simple majority vote of the
House of Representatives or the Senate of the United States of America
within ninety legislative days of their submission to the Congress.
Property excluded from the boundaries of the park by sections 251e to
251m of this title may be exchanged for non-Federal property within the
boundaries; or it may be transferred to the jurisdiction of any Federal
agency or to the State of Washington or a political subdivision thereof,
without monetary consideration, as the Secretary may deem appropriate.
Any such Federal property transferred to the jurisdiction of the
Secretary of Agriculture for national forest purposes shall upon such
transfer become part of the national forest and subject to the laws and
regulations pertaining thereto. Any property excluded from the park by
sections 251e to 251m of this title which is within the boundaries of an
Indian reservation may be transferred in trust to such Indian tribe,
subject, however, to the express condition that any concessioner
providing, public services shall be permitted to continue to provide
such services in such manner and for such period as set forth in his
concession contract, that the Secretary of the Interior is authorized to
pay all franchise fees collected from the concessioner under the
contract to said Indian Tribe, and that in the event his contract is
terminated, the United States shall purchase his possessory interest in
accordance with the Act of October 9, 1965 (79 Stat. 969).\1\ The
acquisition of lands by the United States in trust for an Indian tribe
pursuant to sections 251e to 251m of this title shall not confer any
hunting or fishing rights upon such tribe which were not vested in such
tribe prior to the acquisition of such lands.
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\1\ See References in Text note below.
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(Pub. L. 94-578, title III, Sec. 320(d), Oct. 21, 1976, 90 Stat. 2739.)
References in Text
Sections 251e to 251m of this title, the first three times appearing
in text, was in the original ``this Act'' and, where last appearing, was
in the original ``this title'', meaning Pub. L. 94-578 and title III of
Pub. L. 94-578, respectively.
Act of October 9, 1965, referred to in text, is Pub. L. 89-249, Oct.
9, 1965, 79 Stat. 969, known as the National Park System Concessions
Policy Act, which was classified generally to subchapter IV (Sec. 20 et
seq.) of this chapter, prior to repeal by Pub. L. 105-391, title IV,
Sec. 415(a), Nov. 13, 1998, 112 Stat. 3515.
Section Referred to in Other Sections
This section is referred to in sections 251f, 251h, 251i, 251l, 251m
of this title.
