
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC410ff-1]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
             SUBCHAPTER LIX-D--CHANNEL ISLANDS NATIONAL PARK
 
Sec. 410ff-1. Acquisition of property


(a) Authority of Secretary of the Interior; fair market value; State-
        owned land; Federal property located within park

    Within the boundaries of the park as established in section 410ff of 
this title, the Secretary of the Interior (hereinafter referred to as 
the ``Secretary'') is authorized to acquire lands, waters, or interests 
therein (including but not limited to scenic easements) by donation, 
purchase with donated or appropriated funds, transfer from any Federal 
agency, exchange, or otherwise. 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 any right retained by the owner. Any lands, 
waters, or interests therein owned by the State of California or any 
political subdivision thereof shall not be acquired. Notwithstanding any 
other provision of law, Federal property located within the boundaries 
of the park shall with the concurrence of the head of the agency having 
custody thereof, be transferred to the administrative jurisdiction of 
the Secretary for the purposes of the park: Provided, That the Secretary 
shall permit the use of federally owned park lands and waters which (i) 
have been transferred from another Federal agency pursuant to this 
section or which (ii) were the subject of a lease or permit issued by a 
Federal agency as of March 5, 1980, for essential national security 
missions and for navigational aids, subject to such terms and conditions 
as the Secretary deems necessary to protect park resources.

(b) Lands owned, or under option to, National Park Foundation, The 
        Nature Conservancy, or similar organizations

    Notwithstanding the acquisition authority contained in subsection 
(a) of this section, any lands, waters, or interests therein, which are 
owned wholly or in part, by or which hereafter may be owned by, or under 
option to, the National Park Foundation, The Nature Conservancy 
(including any lands, waters, or interests therein which are designated 
as ``Nature Conservancy Lands'' on the map referred to in section 410ff 
of this title) or any similar national, nonprofit conservation 
organization, or an affiliate or subsidiary thereof shall be acquired 
only with the consent of the owner thereof: Provided, That the Secretary 
may acquire such property in accordance with the provisions of this 
subchapter if he determines that the property is undergoing or is about 
to undergo a change in use which is inconsistent with the purposes of 
this subchapter.

(c) Privately owned lands on Santa Rosa Island

    With respect to the privately owned lands on Santa Rosa Island, the 
Secretary shall acquire such lands as expeditiously as possible after 
March 5, 1980. The acquisition of these lands shall take priority over 
the acquisition of other privately owned lands within the park.

(d) Retention of rights by owners; compatible use under lease

    (1) The owner of any private property may, on the date of its 
acquisition and as a condition of such acquisition, retain for himself a 
right of use and occupancy of all or such portion of such property as 
the owner may elect for a definite term of not more than twenty-five 
years, or ending at the death of the owner, or his spouse, whichever is 
later. The owner shall elect the term to be reserved. Any such right 
retained pursuant to this subsection with respect to any property shall 
be subject to termination by the Secretary upon his determination that 
such property is being used for any purpose which is incompatible with 
the administration of the park or with the preservation of the resources 
therein, 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.
    (2) In the case of any property acquired by the Secretary pursuant 
to this subchapter with respect to which a right of use and occupancy 
was not reserved by the former owner pursuant to this subsection, at the 
request of the former owner, the Secretary may enter into a lease 
agreement with the former owner under which the former owner may 
continue any existing use of such property which is compatible with the 
administration of the park and with the preservation of the resources 
therein.
    (3) Any right retained pursuant to this subsection, and any lease 
entered into under paragraph (2), shall be subject to such access and 
other provisions as may be required by the Secretary for visitor use and 
resources management.

(e) Acquisition of certain property on Santa Cruz Island

    (1) Notwithstanding any other provision of law, effective 90 days 
after November 12, 1996, all right, title, and interest in and to, and 
the right to immediate possession of, the real property on the eastern 
end of Santa Cruz Island which is known as the Gherini Ranch is hereby 
vested in the United States, except for the reserved rights of use and 
occupancy set forth in Instrument No. 90-027494 recorded in the Official 
Records of the County of Santa Barbara, California.
    (2) The United States shall pay just compensation to the owners of 
any real property taken pursuant to this subsection, determined as of 
the date of taking. The full faith and credit of the United States is 
hereby pledged to the payment of any judgment entered against the United 
States with respect to the taking of such property. Payment shall be in 
the amount of the agreed negotiated value of such real property plus 
interest or the valuation of such real property awarded by judgment plus 
interest. Interest shall accrue from the date of taking to the date of 
payment. Interest shall be compounded quarterly and computed at the rate 
applicable for the period involved, as determined by the Secretary of 
the Treasury on the basis of the current average market yield on 
outstanding marketable obligations of the United States of comparable 
maturities from November 12, 1996, to the last day of the month 
preceding the date on which payment is made.
    (3) In the absence of a negotiated settlement, or an action by the 
owner, within 1 year after November 12, 1996, the Secretary shall 
initiate a proceeding, seeking in a court of competent jurisdiction a 
determination of just compensation with respect to the taking of such 
property.
    (4) The Secretary shall not allow any unauthorized use of the lands 
to be acquired under this subsection, except that the Secretary shall 
permit the orderly termination of all current activities and the removal 
of any equipment, facilities, or personal property.

(Pub. L. 96-199, title II, Sec. 202, Mar. 5, 1980, 94 Stat. 74; Pub. L. 
104-333, div. I, title VIII, Sec. 817, Nov. 12, 1996, 110 Stat. 4200.)

                       References in Text

    This subchapter, referred to in subsec. (b), was in the original 
``this Act'', meaning Pub. L. 96-199, and was translated as ``this 
subchapter'', meaning title II of Pub. L. 96-199, to reflect the 
probable intent of Congress.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-333 added subsec. (e).
