PRIA, Government Policy, Made Personal

Summary

The Secretary of the Interior can get lands, waters, or rights inside the park by donation, purchase with donated or appropriated money, transfer from other federal agencies, exchange, or other means. If the property is not donated, the Secretary must pay the owner the fair market value on the acquisition date, minus the value of any rights the owner keeps. The Secretary may not acquire land owned by the State of California or its local governments. Federal property inside the park can be moved under the Secretary’s control if the head of the agency that now holds it agrees. The Secretary must allow continued use of federal park lands that were transferred or under a federal lease or permit on March 5, 1980 for essential national security missions or navigation aids, subject to protective terms the Secretary sets. Lands owned by the National Park Foundation, The Nature Conservancy, or similar national nonprofit conservation groups can only be acquired with the owner’s consent, unless the Secretary finds the land is about to change to a use that conflicts with the park. Privately owned lands on Santa Rosa Island must be acquired as quickly as possible after March 5, 1980 and get priority over other private lands. A private owner may keep a right to use and occupy all or part of the property for up to 25 years, or until the death of the owner or the owner’s spouse, whichever is later. The Secretary can end that right if the use conflicts with park management and must pay the fair market value of the unused portion when ending it. If a former owner did not reserve that right, the Secretary may lease back compatible existing uses. The Secretary can set access rules needed for visitors and resource protection. Effective 90 days after November 12, 1996, the United States obtained title and possession of the Gherini Ranch on the eastern end of Santa Cruz Island, except for the reserved rights recorded in Instrument No. 90-027494. The United States must pay just compensation to the owners based on value at the date of taking, either by agreed payment plus interest or by court judgment plus interest. Interest runs from the date of taking to payment, is compounded quarterly, and uses the Treasury rate based on marketable obligations from November 12, 1996 to the month before payment. If there is no negotiated settlement or owner action within 1 year after November 12, 1996, the Secretary must start a court proceeding to determine compensation. The Secretary must prevent unauthorized uses of these lands but may allow orderly shutdown of current activities and removal of equipment or personal property.

Title 16, §410ff–1

Conservation, Source: USLM XML via OLRC

(a)Within the boundaries of the park as established in section 410ff of this title, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to acquire lands, waters, or interests therein (including but not limited to scenic easements) by donation, purchase with donated or appropriated funds, transfer from any Federal agency, exchange, or otherwise. Unless the property is wholly or partially donated, the Secretary shall pay to the owner the fair market value of the property on the date of its acquisition, less the fair market value on that date of any right retained by the owner. Any lands, waters, or interests therein owned by the State of California or any political subdivision thereof shall not be acquired. Notwithstanding any other provision of law, Federal property located within the boundaries of the park shall with the concurrence of the head of the agency having custody thereof, be transferred to the administrative jurisdiction of the Secretary for the purposes of the park: Provided, That the Secretary shall permit the use of federally owned park lands and waters which (i) have been transferred from another Federal agency pursuant to this section or which (ii) were the subject of a lease or permit issued by a Federal agency as of March 5, 1980, for essential national security missions and for navigational aids, subject to such terms and conditions as the Secretary deems necessary to protect park resources.

(b)Notwithstanding the acquisition authority contained in subsection (a), any lands, waters, or interests therein, which are owned wholly or in part, by or which hereafter may be owned by, or under option to, the National Park Foundation, The Nature Conservancy (including any lands, waters, or interests therein which are designated as “Nature Conservancy Lands” on the map referred to in section 410ff of this title) or any similar national, nonprofit conservation organization, or an affiliate or subsidiary thereof shall be acquired only with the consent of the owner thereof: Provided, That the Secretary may acquire such property in accordance with the provisions of this subchapter if he determines that the property is undergoing or is about to undergo a change in use which is inconsistent with the purposes of this subchapter.

(c)With respect to the privately owned lands on Santa Rosa Island, the Secretary shall acquire such lands as expeditiously as possible after March 5, 1980. The acquisition of these lands shall take priority over the acquisition of other privately owned lands within the park.

(d)(1)The owner of any private property may, on the date of its acquisition and as a condition of such acquisition, retain for himself a right of use and occupancy of all or such portion of such property as the owner may elect for a definite term of not more than twenty-five years, or ending at the death of the owner, or his spouse, whichever is later. The owner shall elect the term to be reserved. Any such right retained pursuant to this subsection with respect to any property shall be subject to termination by the Secretary upon his determination that such property is being used for any purpose which is incompatible with the administration of the park or with the preservation of the resources therein, and it shall terminate by operation of law upon notification by the Secretary to the holder of the right, of such determination and tendering to him the amount equal to the fair market value of that portion which remains unexpired.

(2)In the case of any property acquired by the Secretary pursuant to this subchapter with respect to which a right of use and occupancy was not reserved by the former owner pursuant to this subsection, at the request of the former owner, the Secretary may enter into a lease agreement with the former owner under which the former owner may continue any existing use of such property which is compatible with the administration of the park and with the preservation of the resources therein.

(3)Any right retained pursuant to this subsection, and any lease entered into under paragraph (2), shall be subject to such access and other provisions as may be required by the Secretary for visitor use and resources management.

(e)(1)Notwithstanding any other provision of law, effective 90 days after November 12, 1996, all right, title, and interest in and to, and the right to immediate possession of, the real property on the eastern end of Santa Cruz Island which is known as the Gherini Ranch is hereby vested in the United States, except for the reserved rights of use and occupancy set forth in Instrument No. 90–027494 recorded in the Official Records of the County of Santa Barbara, California.

(2)The United States shall pay just compensation to the owners of any real property taken pursuant to this subsection, determined as of the date of taking. The full faith and credit of the United States is hereby pledged to the payment of any judgment entered against the United States with respect to the taking of such property. Payment shall be in the amount of the agreed negotiated value of such real property plus interest or the valuation of such real property awarded by judgment plus interest. Interest shall accrue from the date of taking to the date of payment. Interest shall be compounded quarterly and computed at the rate applicable for the period involved, as determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities from November 12, 1996, to the last day of the month preceding the date on which payment is made.

(3)In the absence of a negotiated settlement, or an action by the owner, within 1 year after November 12, 1996, the Secretary shall initiate a proceeding, seeking in a court of competent jurisdiction a determination of just compensation with respect to the taking of such property.

(4)The Secretary shall not allow any unauthorized use of the lands to be acquired under this subsection, except that the Secretary shall permit the orderly termination of all current activities and the removal of any equipment, facilities, or personal property.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 96–199, and was translated as “this subchapter”, meaning title II of Pub. L. 96–199, to reflect the probable intent of Congress.

Amendments

1996—Subsec. (e). Pub. L. 104–333 added subsec. (e).

§410ff–1 Acquisition of Property