§ 460q-1. — Acquisition of property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460q-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXV--WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION AREA
Sec. 460q-1. Acquisition of property
(a) Authority of Secretary concerned; manner and place; concurrence of
State owner; transfer from Federal agency to administrative
jurisdiction of appropriate Secretary; limitation of acquisition
of easements during existence of zoning ordinance; uniform
policy considerations
Within the boundaries of the portion of the recreation area under
his jurisdiction and outside such boundaries when required for the
construction or improvement of access roads thereto, each Secretary is
authorized to acquire lands, waters, or other property, or any interest
therein, in such manner, including exchange as hereinafter provided, as
he considers to be in the public interest to carry out the purposes of
this subchapter. In connection with any such acquisition, each Secretary
may permit the grantor a reservation of all or any part of the minerals
or of any other interest or right of use in such lands or waters on such
terms and conditions as the Secretary may deem appropriate. Any property
or interest therein owned by the State of California or any political
subdivision thereof within the recreation area may be acquired under the
authority of this subchapter only with the concurrence of the owner.
Notwithstanding any other provision of law, any Federal property located
within the recreation area may, with the concurrence of the agency
having custody thereof, be transferred without consideration to the
administrative jurisdiction of the appropriate Secretary for use by him
in carrying out the purposes of this subchapter.
The Secretary of the Interior, in order to assure public access to
Clear Creek and to provide hiking and horseback riding trails for the
public, may, as he deems necessary for these purposes acquire such
easements or other interests on either or both sides of Clear Creek
between the south boundary of the Whiskeytown unit and the highway at
Igo, California.
The Secretary of Agriculture is authorized to acquire scenic
easements or such other interests, including ownership of the land
therein, as he determines to be appropriate to protect and assure the
appearance of a strip of land not to exceed six hundred and sixty feet
on each side of the centerline of Federal Aid Secondary Highway Numbered
1089 between the points where said highway crosses the south line of
sections 19 and 20, township 35 north, range 8 west, and where it
crosses the south line of section 18, township 36 north, range 7 west,
on the northwesterly side of the Clair Engle-Lewiston unit: Provided,
That such easements or interests shall not be acquired without the
consent of the owners so long as the appropriate local zoning agency
shall have in force and applicable to such property a duly adopted,
valid, zoning ordinance that, in the judgment of the Secretary of
Agriculture, conforms to the zoning standards set forth in regulations
issued pursuant to subsection (e) of this section.
The two Secretaries shall engage in mutual consultation with respect
to such acquisition and to exchange transactions so as to promote
uniform policies therefor insofar as practicable, taking into
consideration the purposes of the recreation area as a whole, the
responsibility of the Secretary of the Interior for the administration
of federally owned minerals and of the Central Valley project, and the
responsibility of the Secretary of Agriculture for the administration of
national forests.
(b) Exchange of property; cash equalization payments; value of mineral
interests
When the public interests will be benefited thereby, the Secretary
of the Interior and the Secretary of Agriculture are each authorized to
accept title to any non-Federal property within any part of the
recreation area and in exchange therefor convey to the grantor of such
property any federally owned property under his jurisdiction within the
State of California which he classifies as suitable for exchange or
other disposal, notwithstanding any other provision of law. The
properties so exchanged shall be approximately equal in fair market
value: Provided, That the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, may accept cash from or pay cash to the
grantor in such exchange in order to equalize the value of the
properties exchanged. The Secretary of Agriculture shall obtain the
concurrence of the Secretary of the Interior with respect to the value
of any mineral interests in any such exchange proposed to be made by the
Secretary of Agriculture.
(c) Reservation of use and occupancy of improved property for
noncommercial residential purposes; term; valuation
Any owner or owners of improved residential property on the date of
its acquisition by either Secretary may, as a condition to such
acquisition, retain the right of use and occupancy of the property by
himself and members of his immediate family for noncommercial
residential purposes for a term ending at the death of such owner, the
death of his spouse, or the day his last surviving child reaches the age
of thirty, whichever is the latest. The value of the right retained
shall be taken into consideration by the respective Secretary in
determining the value of the property being acquired.
(d) Limitation of acquisition of improved property during existence of
zoning ordinance; ``improved property'' defined
Privately owned ``improved property'' or interests therein shall not
be acquired under this subchapter without the consent of the owner so
long as an appropriate local zoning agency shall have in force and
applicable to such property a duly adopted, valid, zoning ordinance that
is approved by the Secretary having jurisdiction of the unit wherein the
property is located. The term ``improved property'' as used in this
subchapter shall mean any building or group of related buildings the
actual construction of which was begun before February 7, 1963, together
with not more than three acres of the land in the same ownership on
which the building or group of buildings is situated: Provided, That the
respective Secretary may exclude from improved property any shore or
waters, together with so much of the land adjoining such shore or waters
as he deems necessary for public access thereto.
(e) Zoning regulations; amendments; standards for ordinances; commercial
or industrial use prohibition; use, acreage, frontage, setback,
density, height, or other requirements; notice of variances;
approval of ordinances
Prior to the approval of any zoning ordinance for the purposes of
this section, the Secretary of the Interior and the Secretary of
Agriculture shall jointly issue regulations, which may be amended from
time to time, specifying standards for such zoning ordinances. Standards
specified in such regulations shall have the object of (1) prohibiting
new commercial or industrial uses, other than commercial or industrial
uses which the Secretaries consider to be consistent with the purposes
of this subchapter; (2) promoting the protection and development of
properties for purposes of this subchapter by means of use, acreage,
frontage, setback, density, height, or other requirements; and (3)
providing that the appropriate Secretary shall receive notice of any
variance granted under, or any exception made to, the application of the
zoning ordinance. Following issuance of such regulations, each Secretary
shall approve any zoning ordinance or any amendment to an approved
zoning ordinance submitted to him that conforms to the standards
contained in the regulations in effect at the time of adoption of the
ordinance or amendment. Such approval shall remain effective for so long
as such ordinance or amendment remains in effect as approved.
(f) Termination of suspension of authority for acquisition without
owner's consent because of nonconforming variances and uses
The suspension of the respective Secretary's authority to acquire
any improved property without the owner's consent shall automatically
cease if (1) such property is made the subject of a variance or
exception to any applicable zoning ordinance that does not conform to
any applicable standard contained in regulations issued pursuant to this
section; or (2) if such property is put to any use which does not
conform to any applicable zoning ordinance.
(g) Certificate of suspension of authority for acquisition without
owner's consent
Each Secretary shall furnish to any party in interest upon request a
certificate indicating the property with respect to which the
Secretary's authority to acquire without the owner's consent is
suspended.
(h) Development plans; certification of Secretary of Agriculture;
suspension of authority for acquisition without owner's consent;
exception
Within the Shasta and Clair Engle-Lewiston units any owner of
unimproved property who proposes to develop his property or a part
thereof for service to the public may submit to the Secretary of
Agriculture a development plan which shall set forth the manner in which
and the time by which the property is to be developed and the use to
which it is proposed to be put. If upon review of such plan the
Secretary determines that the development and use of the property in the
manner prescribed conforms to a zoning ordinance approved in accordance
with the provisions of this section and that such use and development
would serve the purposes of this subchapter, the Secretary of
Agriculture may in his discretion issue to such owner a certificate to
that effect. Upon the issuance of any such certificate and so long as
such property is developed, maintained, and used in conformity
therewith, the authority of the Secretary of Agriculture to acquire such
property or any interest therein without the consent of the owner shall
be suspended. This subsection shall not apply to any property which the
Secretary of Agriculture determines to be needed for easements and
rights-of-way for access, utilities, or facilities, or for
administrative sites, campgrounds, or other areas needed for use by the
United States for visitors to the national recreation area.
(Pub. L. 89-336, Sec. 2, Nov. 8, 1965, 79 Stat. 1295.)
