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16 U.S.C. § 251gLand acquisition; study and investigation of use of private lands; transmittal to President and Congress; transfer of lands to Secretary of Agriculture; excluded property within Indian reservation; continuation of concession contracts; termination of concession contracts and purchase of possessory interest; Indian hunting and fishing rights

submitted 50 years ago by Pub. L. 94-578 to r/title-16-CONSERVATION · 491 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Interior Secretary can buy land inside the park's new boundary by donation, purchase, exchange, or transfer. He must also exclude up to 2,168 acres of private land near Lake Quinault, after studying the impact. Excluded land may go to another agency, the state, or, within a reservation, to an Indian tribe in trust.

Despite any other law, within the park's boundary as revised by sections 251e to 251m of this title, the Secretary may acquire land, privately owned aquatic land, and related interests — by donation, purchase (with donated or appropriated funds), exchange, or transfer from another federal agency. Anything acquired this way becomes part of Olympic National Park, administered under the park's usual laws and regulations. The Secretary must also exclude from the park certain private land and public roads in Grays Harbor County, near and adjacent to Lake Quinault — up to 2,168 acres in total. Before excluding this land, the Secretary must study how the land is currently and would likely be used, and what excluding it would mean both for that land and for Olympic National Park. This study had to be sent to the President and Congress within two years of October 21, 1976, and it takes effect unless the House of Representatives or the Senate votes it down by simple majority within 90 legislative days of submission. Land excluded from the park under sections 251e to 251m of this title may be traded for non-federal land inside the park's boundary, or transferred — without payment — to another federal agency, the State of Washington, or a political subdivision of the state, as the Secretary decides is appropriate. If transferred to the Secretary of Agriculture for national forest purposes, it becomes part of the national forest, subject to national forest laws and regulations. If excluded land lies within an Indian reservation's boundaries, it may be transferred in trust to that tribe — but any concessioner already providing public services there must be allowed to keep doing so under the terms of their existing concession contract, the Secretary of the Interior may pay the tribe the franchise fees collected from that concessioner, and if the contract ends, the United States must buy out the concessioner's possessory interest under the Act of October 9, 1965 (79 Stat. 969). Acquiring land in trust for a tribe this way does not give the tribe any hunting or fishing rights it didn't already have before the land was acquired.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding any other provision of law, within the boundaries of the park as revised by and pursuant to sections 251e to 251m of this title, the Secretary is authorized to acquire lands, privately owned aquatic lands, and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer from any Federal agency. Property so acquired shall become part of Olympic National Park and shall be administered by the Secretary subject to the laws and regulations applicable to such park. The Secretary is authorized and directed to exclude from the boundaries of the park such private lands and publicly owned and maintained roads within Grays Harbor County which are near and adjacent to Lake Quinault, and which do not exceed two thousand, one hundred and sixty-eight acres in total. Prior to excluding such lands from the park, the Secretary shall study and investigate current and prospective uses of the private lands, as well as the implications of their exclusion both for the lands involved and for Olympic National Park. The results of such study shall be transmitted to the President and to the Congress within two years of October 21, 1976, and shall take effect unless disapproved by simple majority vote of the House of Representatives or the Senate of the United States of America within ninety legislative days of their submission to the Congress. Property excluded from the boundaries of the park by sections 251e to 251m of this title may be exchanged for non-Federal property within the boundaries; or it may be transferred to the jurisdiction of any Federal agency or to the State of Washington or a political subdivision thereof, without monetary consideration, as the Secretary may deem appropriate. Any such Federal property transferred to the jurisdiction of the Secretary of Agriculture for national forest purposes shall upon such transfer become part of the national forest and subject to the laws and regulations pertaining thereto. Any property excluded from the park by sections 251e to 251m of this title which is within the boundaries of an Indian reservation may be transferred in trust to such Indian tribe, subject, however, to the express condition that any concessioner providing, public services shall be permitted to continue to provide such services in such manner and for such period as set forth in his concession contract, that the Secretary of the Interior is authorized to pay all franchise fees collected from the concessioner under the contract to said Indian Tribe, and that in the event his contract is terminated, the United States shall purchase his possessory interest in accordance with the Act of October 9, 1965 (79 Stat. 969).1 The acquisition of lands by the United States in trust for an Indian tribe pursuant to sections 251e to 251m of this title shall not confer any hunting or fishing rights upon such tribe which were not vested in such tribe prior to the acquisition of such lands.

Source credit: (Pub. L. 94–578, title III, § 320(d), Oct. 21, 1976, 90 Stat. 2739.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-578 · 90 Stat. 2739

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-578 on 1976-10-21.

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