§ 45f. — Mineral King Valley addition authorized.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC45f]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI--SEQUOIA AND YOSEMITE NATIONAL PARKS
Sec. 45f. Mineral King Valley addition authorized
(a) Statement of purpose
It is the purpose of this section to--
(1) assure the preservation for this and future generations of
the outstanding natural and scenic features of the area commonly
known as the Mineral King Valley and previously designated as the
Sequoia National Game Refuge; and
(2) enhance the ecological values and public enjoyment of such
area by adding such area to the Sequoia National Park.
(b) Drawing copy, availability; boundary revisions: notification of
Congressional committees, publication in Federal Register;
abolition and transfer of Sequoia National Game Refuge to
administrative jurisdiction of Secretary
(1) In order to add to the Sequoia National Park (hereinafter in
this section referred to as the ``park'') a certain area known as
Mineral King Valley possessing unique natural and scenic values, there
is hereby established as part of such park all lands, waters, and
interests therein, constituting approximately sixteen thousand two
hundred acres designated before November 10, 1978, as the Sequoia
National Game Refuge and as depicted on the drawing entitled ``Boundary
Map, Sequoia-Kings Canyon National Park'', numbered 102-90,000 and dated
April 1975. A copy of such drawing shall be on file and available for
public inspection in the office of the Director, National Park Service,
Department of the Interior. After advising the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate in
writing, the Secretary is authorized to make minor revisions of the
boundaries of the park when necessary by publication of a revised
drawing or other boundary description in the Federal Register.
(2) The Sequoia National Game Refuge is hereby abolished and the
Secretary of Agriculture shall transfer, without consideration, to the
administrative jurisdiction of the Secretary, the area constituting such
refuge, and any unexpended funds available for purposes of management of
the refuge shall be available for purposes of management of the park.
(c) Acquisition of property; place and manner; owner's right of use and
occupancy for fixed term of years or life; election of term;
fair market value; termination; notification; incompatible
commercial uses; unitary parcels; access road, right-of-way, and
protective measures; hardship sale offers; limitation of
authority; State donated lands; report to Congressional
committees
(1) Within the boundaries of the area added to the park pursuant to
this section, the Secretary may acquire lands and interests in lands by
donation, purchase with donated or appropriated funds, exchange, or
transfer from other Federal departments or agencies.
(2) Where the private use of any property acquired pursuant to this
subsection would, in the judgment of the Secretary, be compatible with
the purposes of this section, the Secretary may, as a condition of such
acquisition, permit the owner or owners of such property to retain for
themselves and their successors or assigns rights of use and occupancy.
Such rights of use and occupancy shall be for not more than twenty-five
years or for a term ending at the death of the owner or his or her
spouse, whichever is later. The owner shall reserve such rights and
elect the term to be reserved on the date of acquisition of the
property. Except for so much of the property as is 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 the right retained by the owner.
(3) A right of use and occupancy retained pursuant to paragraph (2)
may be terminated by the Secretary upon his determination that the
property or any portion thereof is being used in a manner which is
incompatible with the purposes of this section. Such right 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
unexpired as of the date of such tender. In the case of any property
which was used for noncommercial purposes during the ten calendar years
immediately preceding November 10, 1978, the commercial use of such
property subsequent to November 10, 1978, shall be treated as
incompatible with the purposes of this section. In the case of any
property which was used for commercial purposes at any time during the
ten calendar years immediately preceding November 10, 1978, any
substantial change or expansion of such commercial use subsequent to
November 10, 1978, without the express approval of the Secretary shall
be treated as incompatible with such purposes.
(4) In exercising his authority to acquire property under this
section, the Secretary shall give prompt and careful consideration to
any offer made by an individual owning property within the park to sell
such property if such individual notifies the Secretary that the
continued ownership of such property is causing, or would result in,
undue hardship. Nothing in this section, or in any other provision of
law, shall prevent the Secretary from exercising his authority to
acquire property referred to in this subsection at any time after
November 10, 1978.
(5) If any individual tract or parcel of land acquired is partly
inside and partly outside the boundaries of the park the Secretary may,
in order to minimize the payment of severance damages, acquire the whole
of the tract or parcel.
(6) If the management plan prepared under subsection (e) of this
section provides for improved access to the area added to the park under
this section, the Secretary is authorized to acquire, by donation,
purchase with donated or appropriated funds, exchange or transfer from
other Federal departments or agencies, the area comprising the road from
State Route 198 to, and within, the Mineral King Valley together with a
right-of-way for such road of a width sufficient to include improvements
to the road and all bridges, ditches, cuts, and fills appurtenant
thereto, but not exceeding a maximum average width of two hundred feet.
Property acquired from the State or any political subdivision thereof
may be acquired by donation only. With regard to routes of access to and
within the Mineral King Valley, the Secretary shall take such measures
as are necessary to protect against the effects of siltation on the
ecosystem of the park.
(7) The Secretary shall report to the committees of the Congress
named in subsection (b)(1) of this section the action taken by him
pursuant to this subsection. Such report shall contain information
sufficient to inform such committees of--
(A) the acquisitions made by him pursuant to this subsection
during the period covered by such report;
(B) his reasons why all of such property authorized to be
acquired and not so acquired as of the date of such report, if any,
have not been acquired; and
(C) his schedule of a timetable for the acquisition of such
property referred to in subparagraph (B).
Such report shall be submitted before the expiration of the second
fiscal year beginning after the date on which the comprehensive
management plan is submitted to the committees of Congress pursuant to
subsection (e) of this section.
(d) Administration; statutory authorities applicable; leases or permits:
renewals or extensions, review; termination
(1) The area added to the park by this section shall be administered
in accordance with this section and the provisions of law generally
applicable to units of the National Park System including sections 1, 2,
3, 4, 41, and 43 of this title. Any other statutory authority available
to the Secretary for the conservation and management of wildlife,
wildlife habitat, and natural resources may be utilized to the extent he
finds such authority will further the purposes of this section.
(2)(A) Except in the case of a lease or permit which the Secretary
determines to be incompatible with the administration of the park
pursuant to this section, any lease or permit on Federal land within the
area added to the park under this section which is in effect immediately
before November 10, 1978, shall continue in effect pursuant to its terms
and conditions following the expansion of the park under this section.
(B) In the case of a lease or permit which is continued under
subparagraph (A), upon notice to the Secretary by the lessee or
permittee of his intention to seek renewal or extension of such lease or
permit, the lease or permit shall be reviewed by the Secretary, and may
be renewed or extended for an additional period of five years. Any such
lease or permit shall be reviewed at the end of such renewal or
extension period and may also be renewed or extended in the same manner
for additional five-year periods thereafter. Any renewals or extensions
of leases or permits shall be granted only to those persons who were
lessees or permittees of record on November 10, 1978, and any such lease
or permit shall provide that the lease or permit may be terminated by
the Secretary at any time if the Secretary determines that such lease or
permit is incompatible with the administration of the park pursuant to
this section or that the land is needed for park purposes.
(3) Omitted
(e) Comprehensive management plan; submission to Congressional
committees; preparation considerations; public participation;
advance notice: publication in newspapers and Federal Register,
other communication; cooperation; consultation
(1) Within two years from November 10, 1978, the Secretary, in
cooperation with the State of California, shall develop and submit 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 comprehensive management plan for the area
added to the park under this section. In the preparation of such plan,
the Secretary shall give appropriate consideration to the need for the
development of additional recreational opportunities and other public
uses which are consistent with sound environmental management of the
area and the policies of the National Park Service.
(2)(A) In preparing the comprehensive management plan required by
this subsection and in preparing any subsequent revision of such plan,
the Secretary shall provide for full public participation and shall
consider the comments and views of all interested agencies,
organizations, and individuals.
(B) For purposes of insuring such full public participation, the
Secretary shall provide reasonable advance notice to State and local
governments, interested Federal agencies, private organizations, and the
general public of hearings, workshops, meetings, and other opportunities
available for such participation. Such notice shall be published in
newspapers of general circulation in the localities affected by the
development and management of the park, published in the Federal
Register, and communicated by other appropriate means. The Western
Regional Advisory Committee of the National Park Service (or a
subcommittee thereof) shall also be utilized for purposes of
facilitating public involvement.
(C) The Secretaries or Directors of all Federal departments,
agencies, and commissions having a relevant expertise are hereby
authorized and directed to cooperate with the Secretary in his
development of such plan and to make such studies as the Secretary may
request on a cost reimbursable basis.
(D) In preparing the comprehensive management plan required by this
subsection, the Secretary shall consider technical information and other
pertinent data assembled or produced by field studies or investigations
conducted separately or jointly by the technical and administrative
personnel of the Federal and State agencies involved in order to insure
the permanent conservation of wildlife within the area added to the park
by this section. Except in emergencies, rules and regulations pertaining
to the management of wildlife within the area added to the park by this
section shall be put into effect only after consultation with the State
of California.
(f) Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be
necessary for the acquisition of land and interests therein described in
this section.
(g) Omitted
(h) Skiing prohibition
The Congress recognizes that the Mineral King Valley area has
outstanding potential for certain year-round recreational opportunities,
but the development of permanent facilities for downhill skiing within
the area would be inconsistent with the preservation and enhancement of
its ecological values.
(Pub. L. 95-625, title III, Sec. 314, Nov. 10, 1978, 92 Stat. 3479; Pub.
L. 103-437, Sec. 6(d)(5), Nov. 2, 1994, 108 Stat. 4583.)
References in Text
This section, referred to in text, other than as appearing with a
reference to a subsection of this section, means section 314 of Pub. L.
95-625, which in addition to enacting this section, repealed sections
45a-3 and 688 of this title, enacted provisions set out as a note under
section 688 of this title, and amended provisions set out as a note
under section 45a-1 of this title.
Codification
Section is comprised of section 314 of Pub. L. 95-625. Subsec.
(d)(3) of section 314 of Pub. L. 95-625 amended Pub. L. 93-522, which is
set out as a note under section 45a-1 of this title. Subsec. (g) of
section 314 of Pub. L. 95-625 repealed sections 45a-3 and 688 of this
title and enacted provisions set out as notes under section 688 of this
title.
Amendments
1994--Subsec. (b)(1). Pub. L. 103-437 substituted ``Natural
Resources'' for ``Interior and Insular Affairs'' after ``Committee on''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
``Secretary'' Defined
Secretary means the Secretary of the Interior, see section 2 of Pub.
L. 95-625, set out as a note under section 2503 of this title.
