Title 16ConservationRelease 119-73

§251j Property retention rights of landowners; use and occupancy improvements; plan to be submitted to Secretary; approval evidenced by issuance of permit and certificate; limitation on acquisition power of Secretary

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER XXVII— - OLYMPIC NATIONAL PARK › § 251j

Last updated Apr 6, 2026|Official source

Summary

If a person (not a corporation) owned land next to Lake Ozette on January 1, 1976, they may keep ownership if they agree to let the Secretary obtain scenic easements or other rights that only allow the improvements the Secretary sees as needed for continued use and occupancy. If an owner wants to improve the land, they must give the Secretary a plan showing the work and intended use. If the Secretary finds the plan meets the limits, the Secretary may issue a permit and a certificate. While the certificate is in effect and the owner follows the plan, the Secretary cannot take the property without the owner’s consent.

Full Legal Text

Title 16, §251j

Conservation — Source: USLM XML via OLRC

Notwithstanding the provisions of section 251i of this title, any noncorporate owner or owners, as of January 1, 1976, of property adjacent to Lake Ozette may retain title to such property: Provided, That such owner or owners consent to acquisition by the Secretary or 11 So in original. Probably should be “of”. scenic easements or other interests that allow only those improvements that the Secretary finds to be reasonably necessary for continued use and occupancy. Any such owner or owners who elects to improve his property or a portion thereof shall submit to the Secretary a plan which shall set forth the manner in which the property is to be improved and the use to which it is proposed to be put. If, upon review of such plan, the Secretary determines that it is compatible with the limitations of this section, he in his discretion may issue a permit to such owner and a certificate to that effect. Upon issuance of any such certificate and so long as such property is maintained and used in conformity therewith, the authority of the Secretary to acquire such property or interest therein without the consent of the owner shall be suspended.

Reference

Citations & Metadata

Citation

16 U.S.C. § 251j

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73