
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: 16USC460zz-4]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
     SUBCHAPTER CXI--MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
 
         Part A--Mississippi National River and Recreation Area
 
Sec. 460zz-4. Administration


(a) Authorities

    The Secretary shall administer the Area in accordance with this 
part. Only those lands within the Area under the direct jurisdiction of 
the Secretary shall be administered in accordance with the provisions of 
law generally applicable to units of the National Park System. Other 
lands and waters within the Area shall be administered under State and 
local laws. In the case of any conflict between the provisions of this 
part and such generally applicable provisions of law, the provisions of 
this part shall govern.

(b) State and local authorities

    The Secretary shall consult and cooperate with the State of 
Minnesota and its political subdivisions concerning the development and 
management of Federal lands within the Area.

(c) Land acquisition

    Within the boundaries of the Area, the Secretary is authorized, in 
consultation with the State of Minnesota and the affected local 
governmental unit, to acquire land and interests therein by donation, 
purchase with donated or appropriated funds, exchange or transfer, 
except as provided in paragraphs (1) and (2).
        (1) Any lands or interests therein owned by the State of 
    Minnesota or any political subdivision thereof may be acquired only 
    by donation.
        (2) Privately owned lands or interests therein may be acquired 
    only with the consent of the owner thereof unless the Secretary 
    makes a determination pursuant to subsection (d)(2) of this section. 
    In no event may the Secretary use the authority provided in 
    subsection (d)(3) of this section to acquire land or interests in 
    land without the owner's consent for any use exercised prior to 
    January 1, 1987, that is consistent with the plan under section 
    460zz-2 of this title.

(d) Review of local plans

                            (1) Authority

        For the purpose of protecting the integrity of the Area the 
    Secretary shall cooperate and consult with the State and the 
    appropriate political subdivisions to review all relevant local 
    plans, laws and ordinances to determine whether they substantially 
    conform to the plan approved pursuant to section 460zz-2 of this 
    title. Additionally the Secretary shall in consultation with the 
    State and its political subdivisions determine the adequacy of 
    enforcement of such plans, laws, and ordinances, including review of 
    building permits and zoning variances granted by local governments, 
    and amendments to local laws and ordinances. The Secretary shall 
    enter into agreements with the State or its political subdivisions 
    to provide, on behalf of the Secretary, professional services 
    necessary for the review of such local plans, laws, and ordinances, 
    and of amendments thereto and variances therefrom, and for the 
    monitoring or the enforcement thereof by local governments having 
    jurisdiction over any areas to which the management plan applies.

                             (2) Purpose

        The purpose of review under paragraph (1) shall be to determine 
    the degree to which actions by local governments are compatible with 
    the purposes of this subchapter. Following the approval of the plan 
    under section 460zz-2 of this title and after a reasonable period of 
    time has elapsed, upon a finding by the Secretary that such plans, 
    laws and ordinances are nonexistent, are otherwise not in 
    conformance with the plan or are not being enforced in a manner 
    consistent with the plan, and if the Secretary determines that there 
    is no feasible alternative available to prevent uses which would be 
    substantially incompatible with the plan, the Secretary may exercise 
    the authority available to him under the provisions of paragraph 
    (3).

                           (3) Enforcement

        In those sections of the Area where local plans, laws and 
    ordinances, or amendments thereto or variances therefrom are found 
    by the Secretary not to be in conformance with the plan approved 
    pursuant to section 460zz-2 of this title, or are not being enforced 
    in a manner consistent with the plan, the Secretary shall notify the 
    local government authority concerned. The Secretary may withhold 
    from the local government authority concerned or, require 
    reimbursement of, (A) Federal funds made available for 
    implementation of the plan, or (B) any grant under section 460zz-
    5(a) of this title if the local plan, law, ordinance, amendment, or 
    variance is not modified to conform with the plan and enforced in 
    such manner as will carry out the purposes of this part. If the 
    State has not initiated, within a 60-day period, such judicial or 
    other action as necessary to ensure conformity with the plan, and if 
    noncompliance with the plan or failure to enforce the plan continues 
    after the end of such 60-day period, the Secretary may acquire, 
    subject to appropriations, land or interests in land under this 
    subsection without the consent of the owner thereof. Land and 
    interests in land acquired pursuant to this subsection shall be 
    restricted to the geographical area of the local government unit 
    failing to conform with the plan and shall be limited to those lands 
    clearly and directly required, in the judgment of the Secretary, for 
    the protection of the Area in a manner compatible with the plan.

(e) Retention by owner of use and occupancy

    The Secretary may permit the owner or owners of any improved 
residential property acquired by the Secretary under this part to retain 
a right of use and occupancy of the property for noncommerical \1\ 
residential uses not incompatible with the plan approved under section 
460zz-2 of this title. The provisions of subsection (c), (d), and (e) of 
section 460ii-1 of this title shall apply to the retention of such 
rights, except that for purposes of this part, the applicable date shall 
be January 1, 1987 in lieu of January 1, 1975 and the purposes of this 
part shall be substituted for the purposes referred to in section 460ii-
1(d) of this title.
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    \1\ So in original. Probably should be ``noncommercial''.
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(Pub. L. 100-696, title VII, Sec. 705, Nov. 18, 1988, 102 Stat. 4605; 
Pub. L. 101-40, Sec. 4(1), June 20, 1989, 103 Stat. 82.)


                               Amendments

    1989--Subsec. (a). Pub. L. 101-40 substituted ``Other'' for ``Our'' 
in third sentence.
