16 U.S.C. § 460q–1 — Acquisition of property
submitted 61 years ago by Pub. L. 89-336 to r/title-16-CONSERVATION · 1,580 words · no verdicts yet
This section lets each Secretary buy land for the Whiskeytown-Shasta-Trinity recreation area. Owners of improved homes may keep limited rights to live there. Local zoning that meets federal standards can pause the government's power to acquire property without consent.
(a) Authority of Secretary concerned; manner and place; concurrence of State owner. Within the part of the recreation area under his jurisdiction, and outside it when needed to build or improve access roads, each Secretary may acquire land, water, or other property, or an interest in it — including by exchange — however he decides serves the public interest for this subchapter's purposes. When acquiring property, a Secretary may let the seller keep some minerals or another interest or right of use, on terms he sets. Property owned by California or its political subdivisions within the recreation area can only be acquired with that owner's agreement. Despite any other law, federal property within the recreation area may — with the current custodian agency's agreement — be transferred at no cost to the right Secretary's jurisdiction. To secure public access to Clear Creek and provide hiking and horseback trails, the Secretary of the Interior may acquire easements or other interests along Clear Creek between the Whiskeytown unit's south boundary and the highway at Igo, California. The Secretary of Agriculture may acquire scenic easements, or similar interests including land ownership, to protect the appearance of a strip up to 660 feet on each side of the centerline of Federal Aid Secondary Highway Numbered 1089, between specific section lines near the Clair Engle-Lewiston unit — but not without the owner's consent as long as local zoning meets the standards set under subsection (e). The two Secretaries must consult each other to keep their acquisition and exchange policies as uniform as practical, considering the whole recreation area's purposes, the Interior Secretary's role managing federal minerals and the Central Valley project, and the Agriculture Secretary's role managing national forests.
(b) Exchange of property; cash equalization payments; value of mineral interests. When it serves the public interest, either Secretary may take title to non-federal property within the recreation area and, in exchange, convey to the seller federal property under his jurisdiction in California that he classifies as suitable for exchange or disposal, despite any other law. Exchanged properties must be roughly equal in fair market value; either Secretary may pay or accept cash from the seller to balance the values. The Agriculture Secretary must get the Interior Secretary's agreement on the value of any mineral interests involved in an exchange the Agriculture Secretary proposes.
(c) Reservation of use and occupancy of improved property for noncommercial residential purposes. Any owner of improved residential property, as a condition of the government acquiring it, may keep the right to use and occupy it — with immediate family — for noncommercial residential purposes, for a term ending at the death of the owner, the death of the owner's spouse, or the day the owner's youngest surviving child turns 30, whichever is latest. The value of this kept right is subtracted when the Secretary determines the property's purchase value.
(d) Limitation of acquisition of improved property during existence of zoning ordinance; "improved property" defined. Privately owned "improved property" cannot be acquired under this subchapter without the owner's consent, as long as an appropriate local zoning agency has in force a valid zoning ordinance approved by the Secretary with jurisdiction over that unit. "Improved property" means a building or group of related buildings whose construction began before February 7, 1963, plus up to three acres of land in the same ownership where the buildings sit — except the relevant Secretary may exclude shoreline or water and adjoining land he decides is needed for public access.
(e) Zoning regulations; amendments; standards for ordinances. Before approving any zoning ordinance under this section, the Interior and Agriculture Secretaries must jointly issue — and may amend from time to time — regulations setting standards for such ordinances. Those standards must aim to: (1) prohibit new commercial or industrial uses, other than ones the Secretaries consider consistent with this subchapter's purposes; (2) promote protecting and developing properties through use, acreage, frontage, setback, density, height, or other requirements; and (3) require that the relevant Secretary be notified of any variance or exception granted under the zoning ordinance. After issuing these regulations, each Secretary must approve any zoning ordinance or amendment submitted to him that meets the standards in effect when it was adopted. That approval stays effective as long as the ordinance or amendment remains in effect as approved.
(f) Termination of suspension of authority for acquisition without owner's consent. A Secretary's suspended authority to acquire improved property without the owner's consent automatically ends if: (1) the property receives a variance or exception to the zoning ordinance that does not meet the regulation's standards; or (2) the property is used in a way that does not conform to the applicable zoning ordinance.
(g) Certificate of suspension of authority for acquisition without owner's consent. Each Secretary must, on request, give any interested party a certificate showing which property currently has this acquisition-without-consent authority 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, an owner of undeveloped property who plans to develop part of it for public service may submit a development plan to the Secretary of Agriculture, describing how and when the property will be developed and how it will be used. If the Secretary decides the planned development and use meets an approved zoning ordinance and serves this subchapter's purposes, he may, at his discretion, issue the owner a certificate saying so. Once issued, as long as the property is developed, kept, and used to match the certificate, the Agriculture Secretary's authority to acquire it without the owner's consent is suspended. This subsection does not apply to property the Agriculture Secretary determines is needed for access easements, utility or facility rights-of-way, or administrative sites, campgrounds, or other areas the United States needs for national recreation area visitors.
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).
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.
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.
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.
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.
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.
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.
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.
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.
Source credit: (Pub. L. 89–336, § 2, Nov. 8, 1965, 79 Stat. 1295.)
- 1965Enacted · Pub. L. 89-336 · 79 Stat. 1295
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-336 on 1965-11-08.
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