CITE

    16 USC Sec. 45f                                             01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

HEAD

    Sec. 45f. Mineral King Valley addition authorized

STATUTE

    (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. 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 to their heirs, successors, and
    assigns, 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.

SOURCE

    (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; Pub.
    L. 108-447, div. E, title I, Sec. 139(b), Dec. 8, 2004, 118 Stat.
    3068.)

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

      2004 - Subsec. (c)(2). Pub. L. 108-447, Sec. 139(b)(1), struck
    out second sentence which read as follows: "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."
      Subsec. (d)(2)(B). Pub. L. 108-447, Sec. 139(b)(2), inserted "and
    to their heirs, successors, and assigns" after "of record on
    November 10, 1978," in third sentence.
      1994 - Subsec. (b)(1). Pub. L. 103-437 substituted "Natural
    Resources" for "Interior and Insular Affairs" after "Committee on".

CHANGE OF NAME

      Committee on Interior and Insular Affairs of the House of
    Representatives changed to Committee on Natural Resources of the
    House of Representatives on Jan. 5, 1993, by House Resolution No.
    5, One Hundred Third Congress.

CROSS

                            "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.
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