
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: 16USC45f]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
           SUBCHAPTER VI--SEQUOIA AND YOSEMITE NATIONAL PARKS
 
Sec. 45f. Mineral King Valley addition authorized


(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. 
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. 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 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.

(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.)

                       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

    1994--Subsec. (b)(1). Pub. L. 103-437 substituted ``Natural 
Resources'' for ``Interior and Insular Affairs'' after ``Committee on''.

                         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.


                          ``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.
