§ 460kk. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460kk]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCV--SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA
Sec. 460kk. Establishment
(a) Findings
The Congress finds that--
(1) there are significant scenic, recreational, educational,
scientific, natural, archeological, and public health benefits
provided by the Santa Monica Mountains and adjacent coastline area;
(2) there is a national interest in protecting and preserving
these benefits for the residents of and visitors to the area; and
(3) the State of California and its local units of government
have authority to prevent or minimize adverse uses of the Santa
Monica Mountains and adjacent coastline area and can, to a great
extent, protect the health, safety, and general welfare by the use
of such authority.
(b) Establishment; management
There is hereby established the Santa Monica Mountains National
Recreation Area (hereinafter referred to as the ``recreation area'').
The Secretary shall manage the recreation area in a manner which will
preserve and enhance its scenic, natural, and historical setting and its
public health value as an airshed for the Southern California
metropolitan area while providing for the recreational and educational
need of the visiting public.
(c) Description; boundary revisions: notice to Congressional committees,
publication in Federal Register; acquisition of property:
manner, transfer from Federal agency to administrative
jurisdiction of Secretary, exchange of lands with city of Los
Angeles, development of municipal cultural resource management
program; Nike Site transfer to Secretary
(1) The recreation area shall consist of the lands and waters and
interests generally depicted as the recreation area on the map entitled
``Santa Monica Mountains National Recreation Area and Santa Monica
Mountains Zone, California, Boundary Map'', numbered 80,047-C and dated
August 2001, which shall be on file and available for inspection in the
offices of the National Park Service, Department of the Interior,
Washington, District of Columbia, and in the offices of the General
Services Administration in the Federal Office Building in West Los
Angeles, California, and in the main public library in Ventura,
California. After advising the Committee on 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 may
make minor revisions of the boundaries of the recreation area when
necessary by publication of a revised drawing or other boundary
description in the Federal Register.
(2)(A) Not later than ninety days after November 10, 1978, the
Secretary, after consultation with the Governor of the State of
California, the California Coastal Commission, and the Santa Monica
Mountains Comprehensive Planning Commission, shall commence acquisition
of lands, improvements, waters, or interests therein within the
recreation area. Such acquisition may be by donation, purchase with
donated or appropriated funds, transfer from any Federal agency,
exchange, or otherwise. Except as provided in subparagraph (B), any
lands or interests therein owned by the State of California or any
political subdivision thereof (including any park district or other
public entity) may be acquired only by donation, except that such lands
acquired after November 10, 1978, by the State of California or its
political subdivisions may be acquired by purchase or exchange if the
Secretary determines that the lands were acquired for purposes which
further the national interest in protecting the area and that the
purchase price or value on exchange does not exceed fair market value on
the date that the State acquired the land or interest: Provided,
however, That the value of any lands acquired by the Secretary under the
exception in this sentence shall be deducted from the amount of moneys
available for grants to the State under subsection (n) of this section.
Lands within the ``Wildlife Corridor Expansion Zone'' identified on the
boundary map referred to in paragraph (1) may be acquired only by
donation or with donated funds. Notwithstanding any other provision of
law, any Federal property located within the boundaries of the
recreation area shall, with the concurrence of the head of the agency
having custody thereof, be transferred without cost, to the
administrative jurisdiction of the Secretary for the purposes of the
recreation area.
(B) The Secretary shall negotiate, and carry out, and exchange with
the city of Los Angeles (acting through its department of water and
power) certain federally owned lands managed by the Bureau of Land
Management in the vicinity of the Haiwee Reservoir in Inyo County for
certain lands owned by the city of Los Angeles which are associated with
the Upper Franklin Reservoir in the city of Los Angeles. Lands acquired
by the Secretary pursuant to such exchange shall be transferred without
cost to the administrative jurisdiction of the National Park Service for
inclusion within the recreation area. The Secretary shall include in
such exchange a provision for an easement to be granted to the city of
Los Angeles for the existing water pipeline associated with the Upper
Franklin Reservoir and for the city of Los Angeles to provide for
replacement water to maintain the water elevations of the Franklin
Reservoir to the current levels. The values of lands exchanged under
this provision shall be equal, or shall be equalized, in the same manner
as provided in section 1716 of title 43.
(C) The city shall assume full responsibility for the protection of
cultural resources and shall develop a cultural resource management
program for the public lands to be transferred to the city in the
vicinity of the Haiwee Reservoir. The program shall be developed in
consultation with the Secretary of the Interior, the California State
Historic Preservation Officer, and the Advisory Council on Historic
Preservation.
(3) The Administrator of the General Services Administration is
hereby authorized and directed to transfer the site generally known as
Nike Site 78 to the Secretary for inclusion in the recreation area:
Provided, That the county of Los Angeles shall be permitted to continue
to use without charge the facilities together with sufficient land as in
the determination of the Secretary shall be necessary to continue to
maintain and operate a fire suppression and training facility and shall
be excused from payment for any use of the land and facilities on the
site prior to November 10, 1978. At such time as the county of Los
Angeles, California, relinquishes control of such facilities and
adjacent land or ceases the operation of the fire suppression and
training facility, the land and facilities shall be managed by the
Secretary as a part of the recreation area.
(d) Identification and revision of areas: public ownership for critical
purposes; land and area plan: submission to Congressional
committees
(1) Within six months after November 10, 1978, the Secretary shall
identify the lands, waters, and interests within the recreation area
which must be acquired and held in public ownership for the following
critical purposes: preservation of beaches and coastal uplands;
protection of undeveloped inland stream drainage basins; connection of
existing State and local government parks and other publicly owned lands
to enhance their potential for public recreation use; protection of
existing park roads and scenic corridors, including such right-of-way as
is necessary for the protection of the Mulholland Scenic Parkway
Corridor; protection of the public health and welfare; and development
and interpretation of historic sites and recreation areas in connection
therewith, to include, but not be limited to, parks, picnic areas,
scenic overlooks, hiking trails, bicycle trails, and equestrian trails.
The Secretary may from time to time revise the identification of such
areas, and any such revisions shall become effective in the same manner
as herein provided for revisions in the boundaries of the recreation
area.
(2) By January 1, 1980, the Secretary shall submit, in writing, to
the committees referred to in subsection (c) of this section and to the
Committees on Appropriations of the United States Congress a detailed
plan which shall indicate--
(A) the lands and areas identified in paragraph (1),
(B) the lands which he has previously acquired by purchase,
donation, exchange, or transfer for the purpose of this recreation
area,
(C) the annual acquisition program (including the level of
funding) recommended for the ensuing five fiscal years, and
(D) the final boundary map for the recreation area.
(e) Improved property and scenic easement acquisitions
With respect to improved properties, as defined in this section, fee
title shall not be acquired unless the Secretary finds that such lands
are being used, or are threatened with uses, which are detrimental to
the purposes of the recreation area, or unless each acquisition is
necessary to fulfill the purposes of this section. The Secretary may
acquire scenic easements to such improved property or such other
interests as, in his judgment are necessary for the purposes of the
recreation area.
(f) ``Improved property'' defined
For the purposes of this section, the term ``improved property''
means--
(1) a detached single-family dwelling, the construction of which
was begun before January 1, 1978 (hereafter referred to as
``dwelling''), together with so much of the land on which the
dwelling is situated as is in the same ownership as the dwelling and
as the Secretary designates to be reasonably necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures necessary to the
dwelling which are situated on the land so designated, and
(2) property developed for agricultural uses, together with any
structures accessory thereto as were used for agricultural purposes
on or before January 1, 1978.
In determining when and to what extent a property is to be treated as
``improved property'' for purposes of this section, the Secretary shall
take into consideration the manner of use of such buildings and lands
prior to January 1, 1978, and shall designate such lands as are
reasonably necessary for the continued enjoyment of the property in the
same manner and to the same extent as existed prior to such date.
(g) Owner's reservation of right of use and occupancy for fixed term of
years or life; election of term; fair market value; termination;
notification
The owner of an improved property, as defined in this section, on
the date of its acquisition, as a condition of such acquisition, may
retain for herself or himself, her or his heirs and assigns, a right of
use and occupancy of the improved property for noncommercial residential
or agriculture purposes, as the case may be, for a definite term of not
more than twenty-five years, or, in lieu thereof, for a term ending at
the death of the owner or the death of her or his spouse, whichever is
later. The owner shall elect the term to be reserved. 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 the right
retained by the owner. A right retained by the owner pursuant to this
section shall be subject to termination by the Secretary upon his
determination that it is being exercised in a manner inconsistent with
the purposes of this section, 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 unexpired.
(h) Hardship sale offers
In exercising the 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 recreation area 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.
(i) Administration
The Secretary shall administer the recreation area in accordance
with this Act and provisions of laws generally applicable to units of
the National Park System, including sections 1, 2, 3, and 4 of this
title. In the administration of the recreation area, the Secretary may
utilize such statutory authority available for the conservation and
management of wildlife and natural resources as appropriate to carry out
the purpose of this section. The fragile resource areas of the
recreation area shall be administered on a low-intensity basis, as
determined by the Secretary.
(j) Cooperative agreements for rescue, fire prevention and firefighting,
and law enforcement services
The Secretary may enter into cooperative agreements with the State
of California, or any political subdivision thereof, for the rendering,
on a reimbursable basis, of rescue, firefighting, and law enforcement
services and cooperative assistance by nearby law enforcement and fire
preventive agencies.
(k) Donations
Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds, property, or services from
individuals, foundations, corporations, or public entities for the
purpose of land acquisition and providing services and facilities which
the Secretary deems consistent with the purposes of this section.
(l) Report of Advisory Commission to Secretary
By January 1, 1981, the Santa Monica Mountains National Recreation
Area Advisory Commission, established by this section, shall submit a
report to the Secretary which shall--
(1) assess the capability and willingness of the State of
California and the local units of government to manage and operate
the recreation area,
(2) recommend any changes in ownership, management, and
operation which would better accomplish the purposes of this
section, and
(3) recommend any conditions, joint management agreements, or
other land use mechanisms to be contingent on any transfer of land.
(m) Report of Secretary to Congressional committees
The Secretary, after giving careful consideration to the
recommendations set forth by the Advisory Commission, shall, by January
1, 1982, submit a report to the committees referred to in subsection (c)
of this section which shall incorporate the recommendations of the
Advisory Commission as well as set forth the Secretary's
recommendations. Such report shall--
(1) assess the benefits and costs of continued management as a
unit of the National Park System,
(2) assess the capability and willingness of the State of
California and the local units of government to manage and operate
the recreation area, and
(3) recommend any changes in ownership, management, and
operation which would better accomplish the purposes of this
section.
(n) Comprehensive plan; contents; approval considerations; environmental
consultations; grants and funds; assurance and grant
requirements; plan changes: liability for reimbursement of
funds, approval by Secretary
(1) The Secretary shall request the Santa Monica Mountains
Comprehensive Planning Commission to submit a comprehensive plan,
prepared in accord with this section and title 7.75 of the California
Government Code (commencing with section 67450), for the Santa Monica
Mountains Zone generally depicted on the map referred to in subsection
(c) of this section for approval.
(2) The comprehensive plan shall include, in addition to the
requirements of California State law--
(A) an identification and designation of public and private uses
which are compatible with and which would not significantly impair
the significant scenic, recreational, educational, scientific,
natural, archeological, and public health benefits present in the
zone and which would not have an adverse impact on the recreation
area or on the air quality of the south coast air basin;
(B) a specific minimum land acquisition program which shall
include, but not be limited to, fee and less than fee acquisition of
strategic and critical sites not to be acquired by the Federal
Government for public recreational and other related uses; and a
program for the complementary use of State and local authority to
regulate the use of lands and waters within the Santa Monica
Mountains Zone to the fullest extent practicable consistent with the
purposes of this section; and
(C) a recreation transportation system which may include but
need not be limited to existing public transit.
(3) No plan submitted to the Secretary under this section shall be
approved unless the Secretary finds the plan consistent with paragraph
(2) and finds that--
(A) the planning commission has afforded adequate opportunity,
including public hearings, for public involvement in the preparation
and review of the plan, and public comments were received and
considered in the plan or revision as presented to him;
(B) the State and local units of government identified in the
plan as responsible for implementing its provisions have the
necessary authority to implement the plan and such State and local
units of government have indicated their intention to use such
authority to implement the plan;
(C) the plan, if implemented, would preserve significant
natural, historical, and archeological benefits and, consistent with
such benefits, provide increased recreational opportunities for
persons residing in the greater Los Angeles-southern California
metropolitan area; and
(D) implementation of the plan would not have a serious adverse
impact on the air quality or public health of the greater Los
Angeles region.
Before making his findings on the air quality and public health impacts
of the plan, the Secretary shall consult with the Administrator of the
Environmental Protection Agency.
(4) Following approval of the plan with respect to the Santa Monica
Mountains Zone, upon receipt of adequate assurances that all aspects of
that jurisdiction's implementation responsibilities will be adopted and
put into effect, the Secretary shall--
(A) provide grants to the State and through the State to local
governmental bodies for acquisition of lands, waters, and interests
therein identified in paragraph (2)(B), and for development of
essential public facilities, except that such grants shall be made
only for the acquisition of lands, waters, and interests therein,
and related essential public facilities, for park, recreation, and
conservation purposes; and
(B) provide, subject to agreements that in the opinion of the
Secretary will assure additional preservation of the lands and
waters of the zone, such funds as may be necessary to retire bonded
indebtedness for water and sewer and other utilities already
incurred by property owners which in the opinion of the Secretary
would if left outstanding contribute to further development of the
zone in a manner inconsistent with the approved plan developed by
the planning commission.
No grant for acquisition of land may be made under subparagraph (A)
unless the Secretary receives satisfactory assurances that such lands
acquired under subparagraph (A) shall not be converted to other than
park, recreation, and conservation purposes without the approval of the
Secretary and without provision for suitable replacement land.
(5) Grants under this section shall be made only upon application of
the recipient State and shall be in addition to any other Federal
financial assistance for any other program, and shall be subject to such
terms and conditions as the Secretary deems necessary to carry out the
purposes of this section. Any jurisdiction that implements changes to
the approved plan which are inconsistent with the purposes of this
section, or adopts or acquiesces in changes to laws, regulations or
policies necessary to implement or protect the approved plan, without
approval of the Secretary, may be liable for reimbursement of all funds
previously granted or available to it under the terms of this section
without regard to such additional terms and conditions or other
requirements of law that may be applicable to such grants. During the
life of the planning commission, changes to the plan must be submitted
by the planning commission to the Secretary for approval. No such
application for a grant may be made after the date five years from the
date of the Secretary's approval of the plan.
(o) Comments on undertakings prior to expenditure of Federal funds or
issuance of licenses or permits
The head of any Federal agency having direct or indirect
jurisdiction over a proposed Federal or federally assisted undertaking
in the lands and waters within the Santa Monica Mountains Zone,
generally depicted on the map referred to in subsection (c) of this
section, and the head of any Federal agency having authority to license
or permit any undertaking in such lands and waters shall, prior to the
approval of the expenditure of any Federal funds on such undertaking or
prior to the issuance of any license or permit, as the case may be,
afford the Secretary a reasonable opportunity to comment with regard to
such undertaking and shall give due consideration to any comments made
by the Secretary and to the effect of such undertaking on the
``findings'' and purposes of this section.
(p) State agency recommendations; consideration
The Secretary shall give full consideration to the recommendations
of the California Department of Parks and Recreation, the Santa Monica
Mountains Comprehensive Planning Commission, and the California Coastal
Commission.
(q) Advisory Commission; establishment and termination; membership;
term; meetings; notice, publication in newspapers; compensation
and expenses; consultations of Secretary with Commission
(1) There is hereby established the Santa Monica Mountains National
Recreation Area Advisory Commission (hereinafter referred to as the
``Advisory Commission''). The Advisory Commission shall terminate ten
years after the date of establishment of the recreation area.
(2) The Advisory Commission shall be composed of the following
members to serve for terms of five years as follows:
(A) one member appointed by the Governor of the State of
California;
(B) one member appointed by the mayor of the city of Los
Angeles;
(C) one member appointed by the Board of Supervisors of Los
Angeles County;
(D) one member appointed by the Board of Supervisors of Ventura
County; and
(E) nine members appointed by the Secretary, one of whom shall
serve as the Commission Chairperson.
(3) The Advisory Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which have a
distribution which generally covers the area. Commission meetings shall
be held at locations and in such a manner as to insure adequate public
involvement. Such locations shall be in the region of the Santa Monica
Mountains and no more than twenty-five miles from it.
(4) Members of the Commission shall serve without compensation as
such, but the Secretary may pay expenses reasonably incurred in carrying
out their responsibilities under this Act on vouchers signed by the
Chairperson.
(5) The Secretary, or his or her designee, shall from time to time
but at least semiannually, meet and consult with the Advisory Commission
on matters relating to the development of this recreation area and with
respect to carrying out the provisions of this section.
(r) Authorization of appropriations for property acquisitions and State
grants
There are authorized to be appropriated such sums as may be
necessary for acquisition of lands and interests in land within the
boundaries of the recreation area established under this section, but
not more than $15,000,000 for fiscal year 1979, $40,000,000 for fiscal
year 1980, $45,000,000 for fiscal year 1981, $10,000,000 for fiscal year
1982, and $15,000,000 for fiscal year 1983, such sums to remain
available until expended. For grants to the State pursuant to subsection
(n) of this section there are authorized to be appropriated not more
than $10,000,000 for fiscal year 1979, $10,000,000 for fiscal year 1980,
$5,000,000 for fiscal year 1981, and $5,000,000 for fiscal year 1982,
such sums to remain available until expended. For the authorizations
made in this subsection, any amounts authorized but not appropriated in
any fiscal year shall remain available for appropriation in succeeding
fiscal years.
(s) Authorization of appropriations for public facilities development
For the development of essential public facilities in the recreation
area there are authorized to be appropriated not more than $500,000. The
Congress expects that, at least until assessment of the report required
by subsection (t) of this section, any further development of the area
shall be accomplished by the State of California or local units of
government, subject to the approval of the Director, National Park
Service.
(t) General management plan; transmission to Congressional committees
Within two years from the date of establishment of the recreation
area pursuant to this section, the Secretary shall, after consulting
with the Advisory Commission, develop and transmit to the Committees
referred to in subsection (c) of this section a general management plan
for the recreation area consistent with the objectives of this section.
Such plan shall indicate--
(1) a plan for visitor use including the facilities needed to
accommodate the health, safety, education and recreation needs of
the public;
(2) the location and estimated costs of all facilities;
(3) the projected need for any additional facilities within the
area;
(4) any additions or alterations to the boundaries of the
recreation area which are necessary or desirable to the better
carrying out of the purposes of this section; and
(5) a plan for preservation of scenic, archeological and natural
values and of fragile ecological areas.
(Pub. L. 95-625, title V, Sec. 507, Nov. 10, 1978, 92 Stat. 3501; Pub.
L. 96-87, title IV, Sec. 401(j), Oct. 12, 1979, 93 Stat. 666; Pub. L.
96-199, title I, Sec. 118, Mar. 5, 1980, 94 Stat. 71; Pub. L. 98-572,
Oct. 30, 1984, 98 Stat. 2946; Pub. L. 103-437, Sec. 6(d)(5), Nov. 2,
1994, 108 Stat. 4583; Pub. L. 107-236, Secs. 2, 3, Oct. 9, 2002, 116
Stat. 1483.)
References in Text
This Act, referred to in subsecs. (i) and (q)(4), means Pub. L. 95-
625, Nov. 10, 1978, 92 Stat. 3467, as amended, known as the National
Parks and Recreation Act of 1978. For complete classification of this
Act to the Code, see Short Title of 1978 Amendment note set out under
section 1 of this title and Tables.
Amendments
2002--Subsec. (c)(1). Pub. L. 107-236, Secs. 2(1), 3(1), substituted
`` `Santa Monica Mountains National Recreation Area and Santa Monica
Mountains Zone, California, Boundary Map', numbered 80,047-C and dated
August 2001'' for `` `Boundary Map, Santa Monica Mountains National
Recreation Area, California, and Santa Monica Mountains Zone', numbered
SMM-NRA 80,000, and dated May 1978'' and ``Committee on Resources'' for
``Committee on Natural Resources''.
Subsec. (c)(2)(A). Pub. L. 107-236, Sec. 2(2), inserted after third
sentence ``Lands within the `Wildlife Corridor Expansion Zone'
identified on the boundary map referred to in paragraph (1) may be
acquired only by donation or with donated funds.''
Subsec. (c)(2)(B). Pub. L. 107-236, Sec. 3(2), substituted ``certain
federally owned'' for ``of certain federally owned'' in first sentence.
Subsec. (n)(5). Pub. L. 107-236, Sec. 3(3), substituted ``laws,''
for ``laws'' in second sentence.
1994--Subsec. (c)(1). Pub. L. 103-437 substituted ``Natural
Resources'' for ``Interior and Insular Affairs'' after ``Committee on''.
1984--Subsec. (c)(2). Pub. L. 98-572 designated existing provisions
as subpar. (A), inserted exception clause in third sentence, and added
subpars. (B) and (C).
1980--Subsec. (q)(2)(E). Pub. L. 96-199 increased from 5 to 9 the
number of members appointed by the Secretary of the Interior.
1979--Subsec. (f)(1). Pub. L. 96-87 substituted ``construction of
which was begun before January 1, 1978'' for ``construction of which was
begun before January 1, 1976''.
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.
Anthony C. Beilenson Visitor Center
Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 145], Oct. 21,
1998, 112 Stat. 2681-231, 2681-267, provided that: ``The principal
visitor center for the Santa Monica Mountains National Recreation Area,
regardless of location, shall be named for Anthony C. Beilenson and
shall be referred to in any law, document or record of the United States
as the `Anthony C. Beilenson Visitor Center'.''
``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.
