§79c Acquisition of Land

Summary

The Secretary can buy or take land for Redwood National Park inside the park and up to 10 acres outside for park offices. Land can be gotten by donation, purchase, exchange, or other ways. Land owned by the State of California may only be accepted by donation and can come with earlier limits or conditions. The Secretary may spend federal money to manage and build permanent improvements on State-donated lands if those actions do not violate those conditions. On October 2, 1968, the United States got title and immediate possession of all real property shown on maps NPS–RED–7114–A and NPS–RED–7114–B. On March 27, 1978, the United States got title and possession of real property shown as “Proposed Additions” on map 167–80005–D, and of down-tree personal property cut before January 1, 1975, or after January 31, 1978, in that area, except for State-owned land and some small ownerships covered below. The Secretary must let existing operations end in an orderly way and permit removal of equipment and property. Down timber cut between December 31, 1974, and February 1, 1978, may be removed under state and federal law, permits, or agreements unless removal would harm regrowth or cause too much sediment in Redwood Creek. Down timber in stream beds needs the Secretary’s permission. The Secretary must protect access at current levels for certain roads (B line, L line, M line, K and K roads, and parts of Bald Hills road) for woods employers for forest and land management uses. The United States will pay just compensation to owners for property taken. Payment can come from the Land and Water Conservation Fund (with interest at 6% from taking to payment), by exchanging federal property if the owner agrees, or by using both money and property. Claims must be brought in the federal district court where the land is located. If property is not needed, the Secretary may return title with conditions or sell down timber judged removable, crediting proceeds to the Treasury. If California designates a bypass route by October 1, 1984, the Secretary shall acquire and donate needed rights-of-way and related acreage will be treated as public highway land effective March 27, 1978. Small ownerships of 50 acres or less apply only if they are mainly nonresidential or nonagricultural and the Secretary notified owners within 60 days after October 2, 1968. The Secretary may buy whole parcels that cross park lines to avoid severance damage, then exchange or dispose of the unused parts without charging those costs to the appropriation limit in section 79j. The Secretary may also buy land along the highway south of Prairie Creek to keep a screen of trees. To protect timber, soil, and streams, the Secretary can buy “interests in land” or make contracts and cooperative agreements with owners near the park and in upstream watersheds. “Interests in land” usually means less than full ownership unless buying a smaller right would cost more than the full fee. Before any purchase that is not by donation, or before these agreements, the Secretary must notify the President of the Senate and the Speaker of the House about the intended action and its costs and benefits. Funds for these actions are available from amounts in section 79j starting March 27, 1978, and appropriations for contracts begin October 1, 1978. Payments and actions depend on money made available by later appropriation Acts. The Secretary should aim to keep senior employees and help local employment. The Secretary, with the Secretary of Agriculture and others, may fund and run programs to rehabilitate logged and eroding areas that add sediment to the park, study erosion and sediment sources in the Redwood Creek basin, manage federal lands to reduce sediment, and allow federal representatives access for scientific work.