§ 79c. — Acquisition of land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC79c]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII--REDWOOD NATIONAL PARK
Sec. 79c. Acquisition of land
(a) Authority of Secretary; administrative sites; manner and place;
donation of State lands; reverters and other conditions
The Secretary is authorized to acquire lands and interests in land
within the boundaries of the Redwood National Park and, in addition
thereto, not more than ten acres outside of those boundaries for an
administrative site or sites. Such acquisition may be by donation,
purchase with appropriated or donated funds, exchange, or otherwise, but
lands and interests in land owned by the State of California may be
acquired only by donation which donation of lands or interest in lands
may be accepted in the discretion of the Secretary subject to such
preexisting reverters and other conditions as may appear in the title to
these lands held by the State of California, and such other reverters
and conditions as may be consistent with the use and management of the
donated lands as a portion of Redwood National Park. Notwithstanding any
other provision of law, the Secretary may expend appropriated funds for
the management of and for the construction, design, and maintenance of
permanent improvements on such lands and interests in land as are
donated by the State of California in a manner not inconsistent with
such reverters and other conditions.
(b) Vested and possessory rights in certain real property; termination
of operations; removal of equipment, facilities, and personal
property; down tree personal property; acquired roads; just
compensation; payment; jurisdiction; acreage limitation; notice
(1) Effective on October 2, 1968, there is hereby vested in the
United States all right, title, and interest in, and the right to
immediate possession of, all real property within the park boundaries
designated in maps NPS-RED-7114-A and NPS-RED-7114-B and effective on
March 27, 1978, there is hereby vested in the United States all right,
title, and interest in, and the right to immediate possession of, all
real property within the area indicated as ``Proposed Additions'' on the
map entitled ``Additional Lands, Redwood National Park, California,''
numbered 167-80005-D and dated March 1978, and all right, title, and
interest in, and the right to immediate possession of the down tree
personal property (trees severed from the ground by man) severed prior
to January 1, 1975, or subsequent to January 31, 1978, within the area
indicated as ``Proposed Additions'' on the map entitled ``Additional
Lands, Redwood National Park, California,'' numbered 167-80005-D and
dated March 1978, except real property owned by the State of California
or a political subdivision thereof and except as provided in paragraph
(3) of this subsection. The Secretary shall allow for the orderly
termination of all operations on real property acquired by the United
States under this subsection, and for the removal of equipment,
facilities, and personal property therefrom.
Down tree personal property severed subsequent to December 31, 1974,
and prior to February 1, 1978 may be removed in accordance with
applicable State and Federal law, or other applicable licenses, permits,
and existing agreements, unless the Secretary determines that the
removal of such down timber would damage second growth resources or
result in excessive sedimentation in Redwood Creek: Provided, however,
That down timber lying in stream beds may not be removed without
permission of the Secretary: Provided, That such removal shall also be
subject to such reasonable conditions as may be required by the
Secretary to insure the continued availability of raw materials to
Redwoods United, Incorporated, a nonprofit corporation located in
Manila, California.
The Secretary shall permit, at existing levels and extent of access
and use, continued access and use of each acquired segment of the B
line, L line, M line, and K and K roads by each current affected woods
employer or its successor in title and interest: Provided, That such use
is limited to forest and land management and protection purposes,
including timber harvesting and road maintenance. The Secretary shall
permit, at existing levels and extent of access and use, continued
access and use of acquired portions of the Bald Hills road by each
current affected woods employer or its successor in title and interest:
Provided further, That nothing in this sentence shall diminish the
authority of the Secretary to otherwise regulate the use of the Bald
Hills road.
(2) The United States will pay just compensation to the owner of any
real property taken by paragraph (1) of this subsection. Such
compensation shall be paid either: (A) by the Secretary of the Treasury
from money appropriated from the Land and Water Conservation Fund,
including money appropriated to the Fund pursuant to section 4(b) of the
Land and Water Conservation Fund Act of 1965, as amended [16 U.S.C.
460l-7(b)] subject to the appropriation limitation in section 79j of
this title, upon certification to him by the Secretary of the agreed
negotiated value of such property, or the valuation of the property
awarded by judgment, including interest at the rate of 6 per centum per
annum from the date of taking the property to the date of payment
therefor; or (B) by the Secretary, if the owner of the land concurs,
with any federally owned property available to him for purposes of
exchange pursuant to the provisions of section 79e of this title; or (C)
by the Secretary using any combination of such money or federally owned
property. Any action against the United States with regard to the
provisions of this subchapter and for the recovery of just compensation
for the lands and interests therein taken by the United States, and for
the down tree personal property taken, shall be brought in the United
States district court for the district where the land is located without
regard to the amount claimed. The United States may initiate proceedings
at any time seeking a determination of just compensation in the district
court in the manner provided by sections 1358 and 1403 of title 28 and
may deposit in the registry of the court the estimated just
compensation, or a part thereof, in accordance with the procedure
generally described by section 3114(a)-(d) of title 40. Interest shall
not be allowed on such amounts as shall have been paid into the court.
In the event that the Secretary determines that the fee simple title to
any property (real or personal) taken under this section is not
necessary for the purposes of this subchapter, he may, with particular
attention to minimizing the payment of severance damages and to allow
for the orderly removal of down timber, revest title to such property
subject to such reservations, terms, and conditions, if any, as he deems
appropriate to carry out the purposes of this subchapter, and may
compensate the former owner for no more than the fair market value of
the rights so reserved, except that the Secretary may not revest title
to any property for which just compensation has been paid; or, the
Secretary may sell at fair market value without regard to the
requirements of the Federal Property and Administrative Services Act of
1949, as amended, such down timber as in his judgment may be removed
without damage to the park, the proceeds from such sales being credited
to the Treasury of the United States. If the State of California
designates a right-of-way for a bypass highway around the eastern
boundary of Prairie Creek Redwood State Park prior to October 1, 1984,
the Secretary is authorized and directed to acquire such lands or
interests in lands as may be necessary for such a highway and, subject
to such conditions as the Secretary may determine are necessary to
assure the adequate protection of Redwood National Park, shall thereupon
donate the designated right-of-way to the State of California for a new
bypass highway from a point south of Prairie Creek Redwood State Park
through the drainage of May Creek and Boyes Creek to extend along the
eastern boundary of Prairie Creek Redwood State Park within Humboldt
County. Such acreage as may be necessary in the judgment of the
Secretary for this conveyance, and for a buffer thereof, shall be deemed
to be a publicly owned highway for purposes of section 79b(a) of this
title effective on March 27, 1978.
(3) This subsection shall apply to ownerships of fifty acres or less
only if such ownerships are held or occupied primarily for
nonresidential or nonagricultural purposes, and if the Secretary gives
notice to the owner within sixty days after October 2, 1968, of the
application of this subsection. Notice by the Secretary shall be deemed
to have been made as of October 2, 1968. The district court of the
United States for that district in which such ownerships are located
shall have jurisdiction to hear and determine any action brought by any
person having an interest therein for damages occurring by reason of the
temporary application of this paragraph, between October 2, 1968, and
the date upon which the Secretary gives such notice. Nothing in this
paragraph shall be construed as affecting the authority of the Secretary
under subsections (a) and (c) of this section to acquire such areas for
the purposes of this subchapter.
(c) Minimization of severance damages; costs not chargeable against
appropriations authorization
If any individual tract or parcel of land acquired is partly inside
and partly outside the boundaries of the park or the administrative site
the Secretary may, in order to minimize the payment of severance
damages, acquire the whole of the tract or parcel and exchange that part
of it which is outside the boundaries for land or interests in land
inside the boundaries or for other land or interests in land acquired
pursuant to this subchapter, and dispose of so much thereof as is not so
utilized in accordance with the provisions of the Federal Property and
Administrative Services Act of 1949, as amended. The cost of any land so
acquired and disposed of shall not be charged against the limitation on
authorized appropriations contained in section 79j of this title.
(d) Lands for screen of trees along certain highway
The Secretary is further authorized to acquire, as provided in
subsection (a) of this section, lands and interests in land bordering
both sides of the highway between the present southern boundary of
Prairie Creek Redwood State Park and a point on Redwood Creek near the
town of Orick to a depth sufficient to maintain or to restore a screen
of trees between the highway and the land behind the screen and the
activities conducted thereon.
(e) Timber, soil, and stream protection; ``interests in land'' defined;
notice to Congress of intended action, costs, and benefits
requisite for acquisitions, contracts, or cooperative
agreements; availability of funds; authorization of
appropriations; rehabilitative activities
In order to afford as full protection as is reasonably possible to
the timber, soil, and streams within the boundaries of the park, the
Secretary is authorized, by any of the means set out in subsections (a)
and (c) of this section, to acquire interests in land from, and to enter
into contracts and cooperative agreements with, the owners of land on
the periphery of the park and on watersheds tributary to streams within
the park designed to assure that the consequences of forestry
management, timbering, land use, and soil conservation practices
conducted thereon, or of the lack of such practices, will not adversely
affect the timber, soil, and streams within the park as aforesaid. As
used in this subsection, the term ``interests in land'' does not include
fee title unless the Secretary finds that the cost of a necessary less-
than-fee interest would be disproportionately high as compared with the
estimated cost of the fee. No acquisition other than by donation shall
be effectuated and no contract or cooperative agreement shall be
executed by the Secretary pursuant to the provisions of this subsection
until after he has notified the President of the Senate and the Speaker
of the House of Representatives of his intended action and of the costs
and benefits to the United States involved therein. Effective on March
27, 1978, there are made available from the amounts provided in section
79j of this title or as may be hereafter provided such sums as may be
necessary for the acquisition of interests in land. Effective on October
1, 1978, there are authorized to be appropriated such sums as may be
necessary for the implementation of contracts and cooperative agreements
pursuant to this subsection: Provided, That it is the express intent of
Congress that the Secretary shall to the greatest degree possible insure
that such contracts and cooperative agreements provide for the maximum
retention of senior employees by such owners and for their utilization
in rehabilitation and other efforts. The Secretary, in consultation with
the Secretary of Agriculture, is further authorized, pursuant to
contract or cooperative agreement with agencies of the Federal
Executive, the State of California, any political or governmental
subdivision thereof, any corporation, not-for-profit corporation,
private entity or person, to initiate, provide funds, equipment, and
personnel for the development and implementation of a program for the
rehabilitation of areas within and upstream from the park contributing
significant sedimentation because of past logging disturbances and road
conditions, and, to the extent feasible, to reduce risk of damage to
streamside areas adjacent to Redwood Creek and for other reasons:
Provided further, That authority to make payments under this subsection
shall be effective only to such extent or in such amounts as are
provided in advance in appropriation Acts. Such contracts or cooperative
agreements shall be subject to such other conditions as the Secretary
may determine necessary to assure the adequate protection of Redwood
National Park generally, and to provide employment opportunities to
those individuals affected by this taking and to contribute to the
economic revival of Del Norte and Humboldt Counties in northern
California. The Secretary shall undertake and publish studies on erosion
and sedimentation originating within the hydrographic basin of Redwood
Creek with particular effort to identify sources and causes, including
differentiation between natural and man-aggravated conditions, and shall
adapt his general management plan to benefit from the results of such
studies. The Secretary, or the Secretary of Agriculture, where
appropriate, shall also manage any additional Federal lands under his
jurisdiction that are within the hydrographic basin of Redwood Creek in
a manner which will minimize sedimentation which could affect the park,
and in coordination with plans for sediment management within the basin.
To effectuate the provisions of this subsection, and to further develop
scientific and professional information and data concerning the Redwood
Forest ecosystem, and the various factors that may affect it, the
Secretary may authorize access to the area subject to this subsection by
designated representatives of the United States.
(Pub. L. 90-545, Sec. 3, Oct. 2, 1968, 82 Stat. 931; Pub. L. 95-250,
title I, Sec. 101(a)(3)-(6), Mar. 27, 1978, 92 Stat. 163-165.)
References in Text
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsecs. (b)(2) and (c), is act June 30, 1949,
ch. 288, 63 Stat. 377, as amended. Except for title III of the Act,
which is classified generally to subchapter IV (Sec. 251 et seq.) of
chapter 4 of Title 41, Public Contracts, the Act was repealed and
reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
1062, 1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.
Section 79b(a) of this title, referred to in subsec. (b)(2), was in
the original ``section 101(a)(2) of this amendment'', meaning section
101(a)(2) of Pub. L. 95-250, which amended section 79b(a) of this title.
Codification
``Section 3114(a)-(d) of title 40'' substituted in subsec. (b)(2)
for ``section 258a of title 40, United States Code'' on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings, Property, and
Works.
Amendments
1978--Subsec. (a). Pub. L. 95-250, Sec. 101(a)(3), inserted
provisions authorizing the Secretary to accept donations of lands owned
by the State of California subject to such preexisting reverters and
other conditions as may appear in the title to those lands and such
other reverters and conditions as may be consistent with the use and
management of the donated lands as a portion of the Redwood National
Park and further authorizing the Secretary to expend appropriated funds
for permanent improvements on the donated lands in a manner not
inconsistent with the reverters and other conditions.
Subsec. (b)(1). Pub. L. 95-250, Sec. 101(a)(4), expanded existing
provisions, effective Mar. 27, 1978, by inserting references to the
vesting in the United States of all right, title, and interest in, and
right to immediate possession of, all real property, and to immediate
possession of down tree personal property, within the area indicated as
``Proposed Additions'' on the map entitled ``Additional Lands, Redwood
National Park, California'', numbered 167-80005-D and dated March 1978,
and inserted two unlettered paragraphs relating, respectively, to the
removal of down tree personal property and to the continued access and
use of acquired roads.
Subsec. (b)(2). Pub. L. 95-250, Sec. 101(a)(5), struck out provision
for the bringing of actions in the Court of Claims, as provided in
section 1491 of title 28, against the United States for the recovery of
just compensation for the land and interests therein taken by the United
States and inserted provisions directing that such actions, as well as
actions for down tree personal property taken, be brought in the United
States district court for the district where the land is located without
regard to the amount claimed, authorizing the United States to initiate
proceedings to determine just compensation and to deposit the estimated
just compensation in the registry of the court, making provision for the
revestment of title in cases where the Secretary determines that fee
simple title is not necessary, and otherwise relating to the right-of-
way for a new bypass highway.
Subsec. (e). Pub. L. 95-250, Sec. 101(a)(6), substituted ``until
after he has notified the President of the Senate'' for ``until sixty
days after he has notified the President of the Senate'' in existing
provisions and inserted provisions relating to the availability of funds
for the acquisition of interests in land, the implementation of
contracts and cooperative agreements pursuant to this subsection, and
rehabilitative activities generally designed to minimize erosion and
sedimentation in ways designed to assure adequate protection for Redwood
National Park, contribute to the economic revival of Del Norte and
Humboldt Counties in northern California, and provide employment
opportunities to individuals affected by taking of land and interests in
land.
Section Referred to in Other Sections
This section is referred to in sections 79c-1, 79e, 79f, 79g, 79k,
79m of this title.
