CITE

    16 USC Sec. 45a-1                                           01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS

HEAD

    Sec. 45a-1. Addition of lands authorized

STATUTE

      The Secretary of the Interior is authorized, in his discretion,
    to accept title to lands and interests in lands near the entrance
    to the Sequoia National Park, subject to existing easements for
    public highways and public utilities, within the following
    described tracts:
      Tract A. A portion of tract 37, township 17 south, range 29 east,
    Mount Diablo meridian, Tulare County, California, comprising
    approximately two acres.
      Tract B. A portion of the east half of the northeast quarter of
    section 4, township 17 south, range 29 east, Mount Diablo meridian,
    Tulare County, California, comprising approximately thirty-eight
    acres.
      Tract C. A portion of the south half of tract 37, township 17
    south, range 29 east, Mount Diablo meridian, Tulare County,
    California, comprising approximately sixty one-hundredths acre.
      The owners of the lands to be conveyed to the United States,
    before any exchange is effective, shall furnish to the Secretary of
    the Interior evidence satisfactory to him of title to such lands.
    Such property shall become a part of the Sequoia National Park upon
    the acceptance of title thereto by the Secretary, and shall
    thereafter be subject to all laws and regulations applicable to the
    park.

SOURCE

    (Dec. 21, 1943, ch. 372, Sec. 1, 57 Stat. 606.)

ELECTRIC POWER DEVELOPMENT PERMITS

      Pub. L. 99-338, June 19, 1986, 100 Stat. 641, as amended by Pub.
    L. 103-437, Sec. 6(d)(4), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 108-
    447, div. E, title I, Sec. 139(c), Dec. 8, 2004, 118 Stat. 3069,
    provided: "That the Secretary of the Interior is hereby authorized
    to issue a permit for ten years, and may issue not more than 3
    renewals of equivalent duration, for portions of an existing
    hydroelectric project, known as the Kaweah Project of Southern
    California Edison Company, to continue to occupy and use lands of
    the United States within Sequoia National Park as necessary for
    continued operation and maintenance.
      "Sec. 2. The Secretary shall not execute any permit renewal prior
    to one hundred and twenty calendar days from the date the same is
    submitted to the Committee on Energy and Natural Resources of the
    United States Senate and to the Committee on Natural Resources of
    the United States House of Representatives.
      "Sec. 3. The permit shall contain the following provisions:
        "(1) A prohibition on expansion of the Kaweah Project in
      Sequoia National Park.
        "(2) A requirement that an independent safety assessment of the
      Kaweah Project be conducted, and that any deficiencies identified
      as a result of the assessment would be corrected.
        "(3) A requirement that the Secretary prepare and submit to
      Congress an update of the July 1983 report on the impact of the
      operations of the Kaweah No. 3 facility on Sequoia National Park.
        "(4) A requirement that the permittee pay the park compensation
      as determined by the Secretary in consultation with the
      permittee.
        "(5) Any other reasonable terms and conditions that the
      Secretary of the Interior deems necessary and proper for the
      management and care of Sequoia National Park and the purposes for
      which it was established.
      "Sec. 4. The proceeds from any fees imposed pursuant to a permit
    issued under this Act shall be retained by Sequoia National Park
    and Kings Canyon National Park and shall be available, without
    further appropriation, for resources protection, maintenance, and
    other park operational needs."
      Pub. L. 93-522, Dec. 14, 1974, 88 Stat. 1660, as amended by Pub.
    L. 95-625, title III, Sec. 314(d)(3), Nov. 10, 1978, 92 Stat. 3482,
    authorized Secretary of the Interior to issue a permit to occupy
    and use lands of United States within Sequoia National Park
    necessary for continued operation, maintenance, and use of
    hydroelectric project known as the Kaweah Number 3 project of
    Southern California Edison Company, provided that in no event could
    the term of such permit extend for any period in excess of ten
    years following the date of its issuance, unless specifically
    authorized by law, provided for terms and conditions of permit,
    required report on impact of hydroelectric project, and provided
    for applicability of the Act.
      Pub. L. 88-47, June 21, 1963, 77 Stat. 70, authorized Secretary
    of the Interior to issue a permit to use and occupy United States
    lands within Sequoia National Park necessary for continued
    operation, maintenance, and use of the Kaweah number 3
    hydroelectric project of Southern California Edison Company, which
    by its terms was to provide that any privileges granted thereunder
    were to be exercised in accord with Federal Power Act (16 U.S.C.
    791a et seq.) and rules and regulations promulgated thereunder, and
    which was to expire no later than Aug. 6, 1974.
      Section 3 of act Dec. 21, 1943, provided as follows: "Nothing in
    this Act [sections 45a-1 and 45a-2 of this title] shall be
    construed to alter or affect in any manner the provisions, or
    extend the term, of the permit heretofore granted to the Southern
    California Edison Company and predecessors thereof for the use of
    lands in the Sequoia National Park for electric power development
    purposes, or to relieve the company of any financial or other
    obligation under said permit, or under agreements or orders
    relating or supplementary thereto."