
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460kk]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
     SUBCHAPTER XCV--SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA
 
Sec. 460kk. Establishment


(a) Findings

    The Congress finds that--
        (1) there are significant scenic, recreational, educational, 
    scientific, natural, archeological, and public health benefits 
    provided by the Santa Monica Mountains and adjacent coastline area;
        (2) there is a national interest in protecting and preserving 
    these benefits for the residents of and visitors to the area; and
        (3) the State of California and its local units of government 
    have authority to prevent or minimize adverse uses of the Santa 
    Monica Mountains and adjacent coastline area and can, to a great 
    extent, protect the health, safety, and general welfare by the use 
    of such authority.

(b) Establishment; management

    There is hereby established the Santa Monica Mountains National 
Recreation Area (hereinafter referred to as the ``recreation area''). 
The Secretary shall manage the recreation area in a manner which will 
preserve and enhance its scenic, natural, and historical setting and its 
public health value as an airshed for the Southern California 
metropolitan area while providing for the recreational and educational 
need of the visiting public.

(c) Description; boundary revisions: notice to Congressional committees, 
        publication in Federal Register; acquisition of property: 
        manner, transfer from Federal agency to administrative 
        jurisdiction of Secretary, exchange of lands with city of Los 
        Angeles, development of municipal cultural resource management 
        program; Nike Site transfer to Secretary

    (1) The recreation area shall consist of the lands and waters and 
interests generally depicted as the recreation area on the map entitled 
``Boundary Map, Santa Monica Mountains National Recreation Area, 
California, and Santa Monica Mountains Zone'', numbered SMM-NRA 80,000, 
and dated May 1978, which shall be on file and available for inspection 
in the offices of the National Park Service, Department of the Interior, 
Washington, District of Columbia, and in the offices of the General 
Services Administration in the Federal Office Building in West Los 
Angeles, California, and in the main public library in Ventura, 
California. 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 
may make minor revisions of the boundaries of the recreation area when 
necessary by publication of a revised drawing or other boundary 
description in the Federal Register.
    (2)(A) Not later than ninety days after November 10, 1978, the 
Secretary, after consultation with the Governor of the State of 
California, the California Coastal Commission, and the Santa Monica 
Mountains Comprehensive Planning Commission, shall commence acquisition 
of lands, improvements, waters, or interests therein within the 
recreation area. Such acquisition may be by donation, purchase with 
donated or appropriated funds, transfer from any Federal agency, 
exchange, or otherwise. Except as provided in subparagraph (B), any 
lands or interests therein owned by the State of California or any 
political subdivision thereof (including any park district or other 
public entity) may be acquired only by donation, except that such lands 
acquired after November 10, 1978, by the State of California or its 
political subdivisions may be acquired by purchase or exchange if the 
Secretary determines that the lands were acquired for purposes which 
further the national interest in protecting the area and that the 
purchase price or value on exchange does not exceed fair market value on 
the date that the State acquired the land or interest: Provided, 
however, That the value of any lands acquired by the Secretary under the 
exception in this sentence shall be deducted from the amount of moneys 
available for grants to the State under subsection (n) of this section. 
Notwithstanding any other provision of law, any Federal property located 
within the boundaries of the recreation area shall, with the concurrence 
of the head of the agency having custody thereof, be transferred without 
cost, to the administrative jurisdiction of the Secretary for the 
purposes of the recreation area.
    (B) The Secretary shall negotiate, and carry out, and exchange with 
the city of Los Angeles (acting through its department of water and 
power) of \1\ certain federally owned lands managed by the Bureau of 
Land Management in the vicinity of the Haiwee Reservoir in Inyo County 
for certain lands owned by the city of Los Angeles which are associated 
with the Upper Franklin Reservoir in the city of Los Angeles. Lands 
acquired by the Secretary pursuant to such exchange shall be transferred 
without cost to the administrative jurisdiction of the National Park 
Service for inclusion within the recreation area. The Secretary shall 
include in such exchange a provision for an easement to be granted to 
the city of Los Angeles for the existing water pipeline associated with 
the Upper Franklin Reservoir and for the city of Los Angeles to provide 
for replacement water to maintain the water elevations of the Franklin 
Reservoir to the current levels. The values of lands exchanged under 
this provision shall be equal, or shall be equalized, in the same manner 
as provided in section 1716 of title 43.
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    \1\ So in original.
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    (C) The city shall assume full responsibility for the protection of 
cultural resources and shall develop a cultural resource management 
program for the public lands to be transferred to the city in the 
vicinity of the Haiwee Reservoir. The program shall be developed in 
consultation with the Secretary of the Interior, the California State 
Historic Preservation Officer, and the Advisory Council on Historic 
Preservation.
    (3) The Administrator of the General Services Administration is 
hereby authorized and directed to transfer the site generally known as 
Nike Site 78 to the Secretary for inclusion in the recreation area: 
Provided, That the county of Los Angeles shall be permitted to continue 
to use without charge the facilities together with sufficient land as in 
the determination of the Secretary shall be necessary to continue to 
maintain and operate a fire suppression and training facility and shall 
be excused from payment for any use of the land and facilities on the 
site prior to November 10, 1978. At such time as the county of Los 
Angeles, California, relinquishes control of such facilities and 
adjacent land or ceases the operation of the fire suppression and 
training facility, the land and facilities shall be managed by the 
Secretary as a part of the recreation area.

(d) Identification and revision of areas: public ownership for critical 
        purposes; land and area plan: submission to Congressional 
        committees

    (1) Within six months after November 10, 1978, the Secretary shall 
identify the lands, waters, and interests within the recreation area 
which must be acquired and held in public ownership for the following 
critical purposes: preservation of beaches and coastal uplands; 
protection of undeveloped inland stream drainage basins; connection of 
existing State and local government parks and other publicly owned lands 
to enhance their potential for public recreation use; protection of 
existing park roads and scenic corridors, including such right-of-way as 
is necessary for the protection of the Mulholland Scenic Parkway 
Corridor; protection of the public health and welfare; and development 
and interpretation of historic sites and recreation areas in connection 
therewith, to include, but not be limited to, parks, picnic areas, 
scenic overlooks, hiking trails, bicycle trails, and equestrian trails. 
The Secretary may from time to time revise the identification of such 
areas, and any such revisions shall become effective in the same manner 
as herein provided for revisions in the boundaries of the recreation 
area.
    (2) By January 1, 1980, the Secretary shall submit, in writing, to 
the committees referred to in subsection (c) of this section and to the 
Committees on Appropriations of the United States Congress a detailed 
plan which shall indicate--
        (A) the lands and areas identified in paragraph (1),
        (B) the lands which he has previously acquired by purchase, 
    donation, exchange, or transfer for the purpose of this recreation 
    area,
        (C) the annual acquisition program (including the level of 
    funding) recommended for the ensuing five fiscal years, and
        (D) the final boundary map for the recreation area.

(e) Improved property and scenic easement acquisitions

    With respect to improved properties, as defined in this section, fee 
title shall not be acquired unless the Secretary finds that such lands 
are being used, or are threatened with uses, which are detrimental to 
the purposes of the recreation area, or unless each acquisition is 
necessary to fulfill the purposes of this section. The Secretary may 
acquire scenic easements to such improved property or such other 
interests as, in his judgment are necessary for the purposes of the 
recreation area.

(f) ``Improved property'' defined

    For the purposes of this section, the term ``improved property'' 
means--
        (1) a detached single-family dwelling, the construction of which 
    was begun before January 1, 1978 (hereafter referred to as 
    ``dwelling''), together with so much of the land on which the 
    dwelling is situated as is in the same ownership as the dwelling and 
    as the Secretary designates to be reasonably necessary for the 
    enjoyment of the dwelling for the sole purpose of noncommercial 
    residential use, together with any structures necessary to the 
    dwelling which are situated on the land so designated, and
        (2) property developed for agricultural uses, together with any 
    structures accessory thereto as were used for agricultural purposes 
    on or before January 1, 1978.

In determining when and to what extent a property is to be treated as 
``improved property'' for purposes of this section, the Secretary shall 
take into consideration the manner of use of such buildings and lands 
prior to January 1, 1978, and shall designate such lands as are 
reasonably necessary for the continued enjoyment of the property in the 
same manner and to the same extent as existed prior to such date.

(g) Owner's reservation of right of use and occupancy for fixed term of 
        years or life; election of term; fair market value; termination; 
        notification

    The owner of an improved property, as defined in this section, on 
the date of its acquisition, as a condition of such acquisition, may 
retain for herself or himself, her or his heirs and assigns, a right of 
use and occupancy of the improved property for noncommercial residential 
or agriculture purposes, as the case may be, for a definite term of not 
more than twenty-five years, or, in lieu thereof, for a term ending at 
the death of the owner or the death of her or his spouse, whichever is 
later. The owner shall elect the term to be reserved. 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 the right 
retained by the owner. A right retained by the owner pursuant to this 
section shall be subject to termination by the Secretary upon his 
determination that it is being exercised in a manner inconsistent with 
the purposes of this section, 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.

(h) Hardship sale offers

    In exercising the 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 recreation area 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.

(i) Administration

    The Secretary shall administer the recreation area in accordance 
with this Act and provisions of laws generally applicable to units of 
the National Park System, including sections 1, 2, 3, and 4 of this 
title. In the administration of the recreation area, the Secretary may 
utilize such statutory authority available for the conservation and 
management of wildlife and natural resources as appropriate to carry out 
the purpose of this section. The fragile resource areas of the 
recreation area shall be administered on a low-intensity basis, as 
determined by the Secretary.

(j) Cooperative agreements for rescue, fire prevention and firefighting, 
        and law enforcement services

    The Secretary may enter into cooperative agreements with the State 
of California, or any political subdivision thereof, for the rendering, 
on a reimbursable basis, of rescue, firefighting, and law enforcement 
services and cooperative assistance by nearby law enforcement and fire 
preventive agencies.

(k) Donations

    Notwithstanding any other provision of law, the Secretary is 
authorized to accept donations of funds, property, or services from 
individuals, foundations, corporations, or public entities for the 
purpose of land acquisition and providing services and facilities which 
the Secretary deems consistent with the purposes of this section.

(l) Report of Advisory Commission to Secretary

    By January 1, 1981, the Santa Monica Mountains National Recreation 
Area Advisory Commission, established by this section, shall submit a 
report to the Secretary which shall--
        (1) assess the capability and willingness of the State of 
    California and the local units of government to manage and operate 
    the recreation area,
        (2) recommend any changes in ownership, management, and 
    operation which would better accomplish the purposes of this 
    section, and
        (3) recommend any conditions, joint management agreements, or 
    other land use mechanisms to be contingent on any transfer of land.

(m) Report of Secretary to Congressional committees

    The Secretary, after giving careful consideration to the 
recommendations set forth by the Advisory Commission, shall, by January 
1, 1982, submit a report to the committees referred to in subsection (c) 
of this section which shall incorporate the recommendations of the 
Advisory Commission as well as set forth the Secretary's 
recommendations. Such report shall--
        (1) assess the benefits and costs of continued management as a 
    unit of the National Park System,
        (2) assess the capability and willingness of the State of 
    California and the local units of government to manage and operate 
    the recreation area, and
        (3) recommend any changes in ownership, management, and 
    operation which would better accomplish the purposes of this 
    section.

(n) Comprehensive plan; contents; approval considerations; environmental 
        consultations; grants and funds; assurance and grant 
        requirements; plan changes: liability for reimbursement of 
        funds, approval by Secretary

    (1) The Secretary shall request the Santa Monica Mountains 
Comprehensive Planning Commission to submit a comprehensive plan, 
prepared in accord with this section and title 7.75 of the California 
Government Code (commencing with section 67450), for the Santa Monica 
Mountains Zone generally depicted on the map referred to in subsection 
(c) of this section for approval.
    (2) The comprehensive plan shall include, in addition to the 
requirements of California State law--
        (A) an identification and designation of public and private uses 
    which are compatible with and which would not significantly impair 
    the significant scenic, recreational, educational, scientific, 
    natural, archeological, and public health benefits present in the 
    zone and which would not have an adverse impact on the recreation 
    area or on the air quality of the south coast air basin;
        (B) a specific minimum land acquisition program which shall 
    include, but not be limited to, fee and less than fee acquisition of 
    strategic and critical sites not to be acquired by the Federal 
    Government for public recreational and other related uses; and a 
    program for the complementary use of State and local authority to 
    regulate the use of lands and waters within the Santa Monica 
    Mountains Zone to the fullest extent practicable consistent with the 
    purposes of this section; and
        (C) a recreation transportation system which may include but 
    need not be limited to existing public transit.

    (3) No plan submitted to the Secretary under this section shall be 
approved unless the Secretary finds the plan consistent with paragraph 
(2) and finds that--
        (A) the planning commission has afforded adequate opportunity, 
    including public hearings, for public involvement in the preparation 
    and review of the plan, and public comments were received and 
    considered in the plan or revision as presented to him;
        (B) the State and local units of government identified in the 
    plan as responsible for implementing its provisions have the 
    necessary authority to implement the plan and such State and local 
    units of government have indicated their intention to use such 
    authority to implement the plan;
        (C) the plan, if implemented, would preserve significant 
    natural, historical, and archeological benefits and, consistent with 
    such benefits, provide increased recreational opportunities for 
    persons residing in the greater Los Angeles-southern California 
    metropolitan area; and
        (D) implementation of the plan would not have a serious adverse 
    impact on the air quality or public health of the greater Los 
    Angeles region.

Before making his findings on the air quality and public health impacts 
of the plan, the Secretary shall consult with the Administrator of the 
Environmental Protection Agency.
    (4) Following approval of the plan with respect to the Santa Monica 
Mountains Zone, upon receipt of adequate assurances that all aspects of 
that jurisdiction's implementation responsibilities will be adopted and 
put into effect, the Secretary shall--
        (A) provide grants to the State and through the State to local 
    governmental bodies for acquisition of lands, waters, and interests 
    therein identified in paragraph (2)(B), and for development of 
    essential public facilities, except that such grants shall be made 
    only for the acquisition of lands, waters, and interests therein, 
    and related essential public facilities, for park, recreation, and 
    conservation purposes; and
        (B) provide, subject to agreements that in the opinion of the 
    Secretary will assure additional preservation of the lands and 
    waters of the zone, such funds as may be necessary to retire bonded 
    indebtedness for water and sewer and other utilities already 
    incurred by property owners which in the opinion of the Secretary 
    would if left outstanding contribute to further development of the 
    zone in a manner inconsistent with the approved plan developed by 
    the planning commission.

No grant for acquisition of land may be made under subparagraph (A) 
unless the Secretary receives satisfactory assurances that such lands 
acquired under subparagraph (A) shall not be converted to other than 
park, recreation, and conservation purposes without the approval of the 
Secretary and without provision for suitable replacement land.
    (5) Grants under this section shall be made only upon application of 
the recipient State and shall be in addition to any other Federal 
financial assistance for any other program, and shall be subject to such 
terms and conditions as the Secretary deems necessary to carry out the 
purposes of this section. Any jurisdiction that implements changes to 
the approved plan which are inconsistent with the purposes of this 
section, or adopts or acquiesces in changes to laws \2\ regulations or 
policies necessary to implement or protect the approved plan, without 
approval of the Secretary, may be liable for reimbursement of all funds 
previously granted or available to it under the terms of this section 
without regard to such additional terms and conditions or other 
requirements of law that may be applicable to such grants. During the 
life of the planning commission, changes to the plan must be submitted 
by the planning commission to the Secretary for approval. No such 
application for a grant may be made after the date five years from the 
date of the Secretary's approval of the plan.
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    \2\ So in original. Probably should be followed by a comma.
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(o) Comments on undertakings prior to expenditure of Federal funds or 
        issuance of licenses or permits

    The head of any Federal agency having direct or indirect 
jurisdiction over a proposed Federal or federally assisted undertaking 
in the lands and waters within the Santa Monica Mountains Zone, 
generally depicted on the map referred to in subsection (c) of this 
section, and the head of any Federal agency having authority to license 
or permit any undertaking in such lands and waters shall, prior to the 
approval of the expenditure of any Federal funds on such undertaking or 
prior to the issuance of any license or permit, as the case may be, 
afford the Secretary a reasonable opportunity to comment with regard to 
such undertaking and shall give due consideration to any comments made 
by the Secretary and to the effect of such undertaking on the 
``findings'' and purposes of this section.

(p) State agency recommendations; consideration

    The Secretary shall give full consideration to the recommendations 
of the California Department of Parks and Recreation, the Santa Monica 
Mountains Comprehensive Planning Commission, and the California Coastal 
Commission.

(q) Advisory Commission; establishment and termination; membership; 
        term; meetings; notice, publication in newspapers; compensation 
        and expenses; consultations of Secretary with Commission

    (1) There is hereby established the Santa Monica Mountains National 
Recreation Area Advisory Commission (hereinafter referred to as the 
``Advisory Commission''). The Advisory Commission shall terminate ten 
years after the date of establishment of the recreation area.
    (2) The Advisory Commission shall be composed of the following 
members to serve for terms of five years as follows:
        (A) one member appointed by the Governor of the State of 
    California;
        (B) one member appointed by the mayor of the city of Los 
    Angeles;
        (C) one member appointed by the Board of Supervisors of Los 
    Angeles County;
        (D) one member appointed by the Board of Supervisors of Ventura 
    County; and
        (E) nine members appointed by the Secretary, one of whom shall 
    serve as the Commission Chairperson.

    (3) The Advisory Commission shall meet on a regular basis. Notice of 
meetings and agenda shall be published in local newspapers which have a 
distribution which generally covers the area. Commission meetings shall 
be held at locations and in such a manner as to insure adequate public 
involvement. Such locations shall be in the region of the Santa Monica 
Mountains and no more than twenty-five miles from it.
    (4) Members of the Commission shall serve without compensation as 
such, but the Secretary may pay expenses reasonably incurred in carrying 
out their responsibilities under this Act on vouchers signed by the 
Chairperson.
    (5) The Secretary, or his or her designee, shall from time to time 
but at least semiannually, meet and consult with the Advisory Commission 
on matters relating to the development of this recreation area and with 
respect to carrying out the provisions of this section.

(r) Authorization of appropriations for property acquisitions and State 
        grants

    There are authorized to be appropriated such sums as may be 
necessary for acquisition of lands and interests in land within the 
boundaries of the recreation area established under this section, but 
not more than $15,000,000 for fiscal year 1979, $40,000,000 for fiscal 
year 1980, $45,000,000 for fiscal year 1981, $10,000,000 for fiscal year 
1982, and $15,000,000 for fiscal year 1983, such sums to remain 
available until expended. For grants to the State pursuant to subsection 
(n) of this section there are authorized to be appropriated not more 
than $10,000,000 for fiscal year 1979, $10,000,000 for fiscal year 1980, 
$5,000,000 for fiscal year 1981, and $5,000,000 for fiscal year 1982, 
such sums to remain available until expended. For the authorizations 
made in this subsection, any amounts authorized but not appropriated in 
any fiscal year shall remain available for appropriation in succeeding 
fiscal years.

(s) Authorization of appropriations for public facilities development

    For the development of essential public facilities in the recreation 
area there are authorized to be appropriated not more than $500,000. The 
Congress expects that, at least until assessment of the report required 
by subsection (t) of this section, any further development of the area 
shall be accomplished by the State of California or local units of 
government, subject to the approval of the Director, National Park 
Service.

(t) General management plan; transmission to Congressional committees

    Within two years from the date of establishment of the recreation 
area pursuant to this section, the Secretary shall, after consulting 
with the Advisory Commission, develop and transmit to the Committees 
referred to in subsection (c) of this section a general management plan 
for the recreation area consistent with the objectives of this section. 
Such plan shall indicate--
        (1) a plan for visitor use including the facilities needed to 
    accommodate the health, safety, education and recreation needs of 
    the public;
        (2) the location and estimated costs of all facilities;
        (3) the projected need for any additional facilities within the 
    area;
        (4) any additions or alterations to the boundaries of the 
    recreation area which are necessary or desirable to the better 
    carrying out of the purposes of this section; and
        (5) a plan for preservation of scenic, archeological and natural 
    values and of fragile ecological areas.

(Pub. L. 95-625, title V, Sec. 507, Nov. 10, 1978, 92 Stat. 3501; Pub. 
L. 96-87, title IV, Sec. 401(j), Oct. 12, 1979, 93 Stat. 666; Pub. L. 
96-199, title I, Sec. 118, Mar. 5, 1980, 94 Stat. 71; Pub. L. 98-572, 
Oct. 30, 1984, 98 Stat. 2946; Pub. L. 103-437, Sec. 6(d)(5), Nov. 2, 
1994, 108 Stat. 4583.)

                       References in Text

    This Act, referred to in subsecs. (i) and (q)(4), means Pub. L. 95-
625, Nov. 10, 1978, 92 Stat. 3467, as amended, known as the National 
Parks and Recreation Act of 1978. For complete classification of this 
Act to the Code, see Short Title of 1978 Amendment note set out under 
section 1 of this title and Tables.


                               Amendments

    1994--Subsec. (c)(1). Pub. L. 103-437 substituted ``Natural 
Resources'' for ``Interior and Insular Affairs'' after ``Committee on''.
    1984--Subsec. (c)(2). Pub. L. 98-572 designated existing provisions 
as subpar. (A), inserted exception clause in third sentence, and added 
subpars. (B) and (C).
    1980--Subsec. (q)(2)(E). Pub. L. 96-199 increased from 5 to 9 the 
number of members appointed by the Secretary of the Interior.
    1979--Subsec. (f)(1). Pub. L. 96-87 substituted ``construction of 
which was begun before January 1, 1978'' for ``construction of which was 
begun before January 1, 1976''.

                         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.


                   Anthony C. Beilenson Visitor Center

    Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 145], Oct. 21, 
1998, 112 Stat. 2681-231, 2681-267, provided that: ``The principal 
visitor center for the Santa Monica Mountains National Recreation Area, 
regardless of location, shall be named for Anthony C. Beilenson and 
shall be referred to in any law, document or record of the United States 
as the `Anthony C. Beilenson Visitor Center'.''


                          ``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.
