
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: 16USC460q-1]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
  SUBCHAPTER LXXV--WHISKEYTOWN-SHASTA-TRINITY NATIONAL RECREATION AREA
 
Sec. 460q-1. Acquisition of property


(a) Authority of Secretary concerned; manner and place; concurrence of 
        State owner; transfer from Federal agency to administrative 
        jurisdiction of appropriate Secretary; limitation of acquisition 
        of easements during existence of zoning ordinance; uniform 
        policy considerations

    Within the boundaries of the portion of the recreation area under 
his jurisdiction and outside such boundaries when required for the 
construction or improvement of access roads thereto, each Secretary is 
authorized to acquire lands, waters, or other property, or any interest 
therein, in such manner, including exchange as hereinafter provided, as 
he considers to be in the public interest to carry out the purposes of 
this subchapter. In connection with any such acquisition, each Secretary 
may permit the grantor a reservation of all or any part of the minerals 
or of any other interest or right of use in such lands or waters on such 
terms and conditions as the Secretary may deem appropriate. Any property 
or interest therein owned by the State of California or any political 
subdivision thereof within the recreation area may be acquired under the 
authority of this subchapter only with the concurrence of the owner. 
Notwithstanding any other provision of law, any Federal property located 
within the recreation area may, with the concurrence of the agency 
having custody thereof, be transferred without consideration to the 
administrative jurisdiction of the appropriate Secretary for use by him 
in carrying out the purposes of this subchapter.
    The Secretary of the Interior, in order to assure public access to 
Clear Creek and to provide hiking and horseback riding trails for the 
public, may, as he deems necessary for these purposes acquire such 
easements or other interests on either or both sides of Clear Creek 
between the south boundary of the Whiskeytown unit and the highway at 
Igo, California.
    The Secretary of Agriculture is authorized to acquire scenic 
easements or such other interests, including ownership of the land 
therein, as he determines to be appropriate to protect and assure the 
appearance of a strip of land not to exceed six hundred and sixty feet 
on each side of the centerline of Federal Aid Secondary Highway Numbered 
1089 between the points where said highway crosses the south line of 
sections 19 and 20, township 35 north, range 8 west, and where it 
crosses the south line of section 18, township 36 north, range 7 west, 
on the northwesterly side of the Clair Engle-Lewiston unit: Provided, 
That such easements or interests shall not be acquired without the 
consent of the owners so long as the appropriate local zoning agency 
shall have in force and applicable to such property a duly adopted, 
valid, zoning ordinance that, in the judgment of the Secretary of 
Agriculture, conforms to the zoning standards set forth in regulations 
issued pursuant to subsection (e) of this section.
    The two Secretaries shall engage in mutual consultation with respect 
to such acquisition and to exchange transactions so as to promote 
uniform policies therefor insofar as practicable, taking into 
consideration the purposes of the recreation area as a whole, the 
responsibility of the Secretary of the Interior for the administration 
of federally owned minerals and of the Central Valley project, and the 
responsibility of the Secretary of Agriculture for the administration of 
national forests.

(b) Exchange of property; cash equalization payments; value of mineral 
        interests

    When the public interests will be benefited thereby, the Secretary 
of the Interior and the Secretary of Agriculture are each authorized to 
accept title to any non-Federal property within any part of the 
recreation area and in exchange therefor convey to the grantor of such 
property any federally owned property under his jurisdiction within the 
State of California which he classifies as suitable for exchange or 
other disposal, notwithstanding any other provision of law. The 
properties so exchanged shall be approximately equal in fair market 
value: Provided, That the Secretary of the Interior or the Secretary of 
Agriculture, as the case may be, may accept cash from or pay cash to the 
grantor in such exchange in order to equalize the value of the 
properties exchanged. The Secretary of Agriculture shall obtain the 
concurrence of the Secretary of the Interior with respect to the value 
of any mineral interests in any such exchange proposed to be made by the 
Secretary of Agriculture.

(c) Reservation of use and occupancy of improved property for 
        noncommercial residential purposes; term; valuation

    Any owner or owners of improved residential property on the date of 
its acquisition by either Secretary may, as a condition to such 
acquisition, retain the right of use and occupancy of the property by 
himself and members of his immediate family for noncommercial 
residential purposes for a term ending at the death of such owner, the 
death of his spouse, or the day his last surviving child reaches the age 
of thirty, whichever is the latest. The value of the right retained 
shall be taken into consideration by the respective Secretary in 
determining the value of the property being acquired.

(d) Limitation of acquisition of improved property during existence of 
        zoning ordinance; ``improved property'' defined

    Privately owned ``improved property'' or interests therein shall not 
be acquired under this subchapter without the consent of the owner so 
long as an appropriate local zoning agency shall have in force and 
applicable to such property a duly adopted, valid, zoning ordinance that 
is approved by the Secretary having jurisdiction of the unit wherein the 
property is located. The term ``improved property'' as used in this 
subchapter shall mean any building or group of related buildings the 
actual construction of which was begun before February 7, 1963, together 
with not more than three acres of the land in the same ownership on 
which the building or group of buildings is situated: Provided, That the 
respective Secretary may exclude from improved property any shore or 
waters, together with so much of the land adjoining such shore or waters 
as he deems necessary for public access thereto.

(e) Zoning regulations; amendments; standards for ordinances; commercial 
        or industrial use prohibition; use, acreage, frontage, setback, 
        density, height, or other requirements; notice of variances; 
        approval of ordinances

    Prior to the approval of any zoning ordinance for the purposes of 
this section, the Secretary of the Interior and the Secretary of 
Agriculture shall jointly issue regulations, which may be amended from 
time to time, specifying standards for such zoning ordinances. Standards 
specified in such regulations shall have the object of (1) prohibiting 
new commercial or industrial uses, other than commercial or industrial 
uses which the Secretaries consider to be consistent with the purposes 
of this subchapter; (2) promoting the protection and development of 
properties for purposes of this subchapter by means of use, acreage, 
frontage, setback, density, height, or other requirements; and (3) 
providing that the appropriate Secretary shall receive notice of any 
variance granted under, or any exception made to, the application of the 
zoning ordinance. Following issuance of such regulations, each Secretary 
shall approve any zoning ordinance or any amendment to an approved 
zoning ordinance submitted to him that conforms to the standards 
contained in the regulations in effect at the time of adoption of the 
ordinance or amendment. Such approval shall remain effective for so long 
as such ordinance or amendment remains in effect as approved.

(f) Termination of suspension of authority for acquisition without 
        owner's consent because of nonconforming variances and uses

    The suspension of the respective Secretary's authority to acquire 
any improved property without the owner's consent shall automatically 
cease if (1) such property is made the subject of a variance or 
exception to any applicable zoning ordinance that does not conform to 
any applicable standard contained in regulations issued pursuant to this 
section; or (2) if such property is put to any use which does not 
conform to any applicable zoning ordinance.

(g) Certificate of suspension of authority for acquisition without 
        owner's consent

    Each Secretary shall furnish to any party in interest upon request a 
certificate indicating the property with respect to which the 
Secretary's authority to acquire without the owner's consent is 
suspended.

(h) Development plans; certification of Secretary of Agriculture; 
        suspension of authority for acquisition without owner's consent; 
        exception

    Within the Shasta and Clair Engle-Lewiston units any owner of 
unimproved property who proposes to develop his property or a part 
thereof for service to the public may submit to the Secretary of 
Agriculture a development plan which shall set forth the manner in which 
and the time by which the property is to be developed and the use to 
which it is proposed to be put. If upon review of such plan the 
Secretary determines that the development and use of the property in the 
manner prescribed conforms to a zoning ordinance approved in accordance 
with the provisions of this section and that such use and development 
would serve the purposes of this subchapter, the Secretary of 
Agriculture may in his discretion issue to such owner a certificate to 
that effect. Upon the issuance of any such certificate and so long as 
such property is developed, maintained, and used in conformity 
therewith, the authority of the Secretary of Agriculture to acquire such 
property or any interest therein without the consent of the owner shall 
be suspended. This subsection shall not apply to any property which the 
Secretary of Agriculture determines to be needed for easements and 
rights-of-way for access, utilities, or facilities, or for 
administrative sites, campgrounds, or other areas needed for use by the 
United States for visitors to the national recreation area.

(Pub. L. 89-336, Sec. 2, Nov. 8, 1965, 79 Stat. 1295.)
