16 USC Sec. 45f 01/05/2009
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI - SEQUOIA AND YOSEMITE NATIONAL PARKS
Sec. 45f. Mineral King Valley addition authorized
(a) Statement of purpose
It is the purpose of this section to -
(1) assure the preservation for this and future generations of
the outstanding natural and scenic features of the area commonly
known as the Mineral King Valley and previously designated as the
Sequoia National Game Refuge; and
(2) enhance the ecological values and public enjoyment of such
area by adding such area to the Sequoia National Park.
(b) Drawing copy, availability; boundary revisions: notification of
Congressional committees, publication in Federal Register;
abolition and transfer of Sequoia National Game Refuge to
administrative jurisdiction of Secretary
(1) In order to add to the Sequoia National Park (hereinafter in
this section referred to as the "park") a certain area known as
Mineral King Valley possessing unique natural and scenic values,
there is hereby established as part of such park all lands, waters,
and interests therein, constituting approximately sixteen thousand
two hundred acres designated before November 10, 1978, as the
Sequoia National Game Refuge and as depicted on the drawing
entitled "Boundary Map, Sequoia-Kings Canyon National Park",
numbered 102-90,000 and dated April 1975. A copy of such drawing
shall be on file and available for public inspection in the office
of the Director, National Park Service, Department of the Interior.
After advising the Committee on Natural Resources of the United
States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate in writing, the
Secretary is authorized to make minor revisions of the boundaries
of the park when necessary by publication of a revised drawing or
other boundary description in the Federal Register.
(2) The Sequoia National Game Refuge is hereby abolished and the
Secretary of Agriculture shall transfer, without consideration, to
the administrative jurisdiction of the Secretary, the area
constituting such refuge, and any unexpended funds available for
purposes of management of the refuge shall be available for
purposes of management of the park.
(c) Acquisition of property; place and manner; owner's right of use
and occupancy for fixed term of years or life; election of term;
fair market value; termination; notification; incompatible
commercial uses; unitary parcels; access road, right-of-way, and
protective measures; hardship sale offers; limitation of
authority; State donated lands; report to Congressional
(1) Within the boundaries of the area added to the park pursuant
to this section, the Secretary may acquire lands and interests in
lands by donation, purchase with donated or appropriated funds,
exchange, or transfer from other Federal departments or agencies.
(2) Where the private use of any property acquired pursuant to
this subsection would, in the judgment of the Secretary, be
compatible with the purposes of this section, the Secretary may, as
a condition of such acquisition, permit the owner or owners of such
property to retain for themselves and their successors or assigns
rights of use and occupancy. The owner shall reserve such rights
and elect the term to be reserved on the date of acquisition of the
property. Except for so much of the property as is 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 the right retained by the owner.
(3) A right of use and occupancy retained pursuant to paragraph
(2) may be terminated by the Secretary upon his determination that
the property or any portion thereof is being used in a manner which
is incompatible with the purposes of this section. Such right 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 as of the date of such tender. In the case of any
property which was used for noncommercial purposes during the ten
calendar years immediately preceding November 10, 1978, the
commercial use of such property subsequent to November 10, 1978,
shall be treated as incompatible with the purposes of this section.
In the case of any property which was used for commercial purposes
at any time during the ten calendar years immediately preceding
November 10, 1978, any substantial change or expansion of such
commercial use subsequent to November 10, 1978, without the express
approval of the Secretary shall be treated as incompatible with
(4) In exercising his authority to acquire property under this
section, the Secretary shall give prompt and careful consideration
to any offer made by an individual owning property within the park
to sell such property if such individual notifies the Secretary
that the continued ownership of such property is causing, or would
result in, undue hardship. Nothing in this section, or in any other
provision of law, shall prevent the Secretary from exercising his
authority to acquire property referred to in this subsection at any
time after November 10, 1978.
(5) If any individual tract or parcel of land acquired is partly
inside and partly outside the boundaries of the park the Secretary
may, in order to minimize the payment of severance damages, acquire
the whole of the tract or parcel.
(6) If the management plan prepared under subsection (e) of this
section provides for improved access to the area added to the park
under this section, the Secretary is authorized to acquire, by
donation, purchase with donated or appropriated funds, exchange or
transfer from other Federal departments or agencies, the area
comprising the road from State Route 198 to, and within, the
Mineral King Valley together with a right-of-way for such road of a
width sufficient to include improvements to the road and all
bridges, ditches, cuts, and fills appurtenant thereto, but not
exceeding a maximum average width of two hundred feet. Property
acquired from the State or any political subdivision thereof may be
acquired by donation only. With regard to routes of access to and
within the Mineral King Valley, the Secretary shall take such
measures as are necessary to protect against the effects of
siltation on the ecosystem of the park.
(7) The Secretary shall report to the committees of the Congress
named in subsection (b)(1) of this section the action taken by him
pursuant to this subsection. Such report shall contain information
sufficient to inform such committees of -
(A) the acquisitions made by him pursuant to this subsection
during the period covered by such report;
(B) his reasons why all of such property authorized to be
acquired and not so acquired as of the date of such report, if
any, have not been acquired; and
(C) his schedule of a timetable for the acquisition of such
property referred to in subparagraph (B).
Such report shall be submitted before the expiration of the second
fiscal year beginning after the date on which the comprehensive
management plan is submitted to the committees of Congress pursuant
to subsection (e) of this section.
(d) Administration; statutory authorities applicable; leases or
permits: renewals or extensions, review; termination
(1) The area added to the park by this section shall be
administered in accordance with this section and the provisions of
law generally applicable to units of the National Park System
including sections 1, 2, 3, 4, 41, and 43 of this title. Any other
statutory authority available to the Secretary for the conservation
and management of wildlife, wildlife habitat, and natural resources
may be utilized to the extent he finds such authority will further
the purposes of this section.
(2)(A) Except in the case of a lease or permit which the
Secretary determines to be incompatible with the administration of
the park pursuant to this section, any lease or permit on Federal
land within the area added to the park under this section which is
in effect immediately before November 10, 1978, shall continue in
effect pursuant to its terms and conditions following the expansion
of the park under this section.
(B) In the case of a lease or permit which is continued under
subparagraph (A), upon notice to the Secretary by the lessee or
permittee of his intention to seek renewal or extension of such
lease or permit, the lease or permit shall be reviewed by the
Secretary, and may be renewed or extended for an additional period
of five years. Any such lease or permit shall be reviewed at the
end of such renewal or extension period and may also be renewed or
extended in the same manner for additional five-year periods
thereafter. Any renewals or extensions of leases or permits shall
be granted only to those persons who were lessees or permittees of
record on November 10, 1978, and to their heirs, successors, and
assigns, and any such lease or permit shall provide that the lease
or permit may be terminated by the Secretary at any time if the
Secretary determines that such lease or permit is incompatible with
the administration of the park pursuant to this section or that the
land is needed for park purposes.
(e) Comprehensive management plan; submission to Congressional
committees; preparation considerations; public participation;
advance notice: publication in newspapers and Federal Register,
other communication; cooperation; consultation
(1) Within two years from November 10, 1978, the Secretary, in
cooperation with the State of California, shall develop and submit
to the Committee on Interior and Insular Affairs of the United
States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate, a comprehensive
management plan for the area added to the park under this section.
In the preparation of such plan, the Secretary shall give
appropriate consideration to the need for the development of
additional recreational opportunities and other public uses which
are consistent with sound environmental management of the area and
the policies of the National Park Service.
(2)(A) In preparing the comprehensive management plan required by
this subsection and in preparing any subsequent revision of such
plan, the Secretary shall provide for full public participation and
shall consider the comments and views of all interested agencies,
organizations, and individuals.
(B) For purposes of insuring such full public participation, the
Secretary shall provide reasonable advance notice to State and
local governments, interested Federal agencies, private
organizations, and the general public of hearings, workshops,
meetings, and other opportunities available for such participation.
Such notice shall be published in newspapers of general circulation
in the localities affected by the development and management of the
park, published in the Federal Register, and communicated by other
appropriate means. The Western Regional Advisory Committee of the
National Park Service (or a subcommittee thereof) shall also be
utilized for purposes of facilitating public involvement.
(C) The Secretaries or Directors of all Federal departments,
agencies, and commissions having a relevant expertise are hereby
authorized and directed to cooperate with the Secretary in his
development of such plan and to make such studies as the Secretary
may request on a cost reimbursable basis.
(D) In preparing the comprehensive management plan required by
this subsection, the Secretary shall consider technical information
and other pertinent data assembled or produced by field studies or
investigations conducted separately or jointly by the technical and
administrative personnel of the Federal and State agencies involved
in order to insure the permanent conservation of wildlife within
the area added to the park by this section. Except in emergencies,
rules and regulations pertaining to the management of wildlife
within the area added to the park by this section shall be put into
effect only after consultation with the State of California.
(f) Authorization of appropriations
There are hereby authorized to be appropriated such sums as may
be necessary for the acquisition of land and interests therein
described in this section.
(h) Skiing prohibition
The Congress recognizes that the Mineral King Valley area has
outstanding potential for certain year-round recreational
opportunities, but the development of permanent facilities for
downhill skiing within the area would be inconsistent with the
preservation and enhancement of its ecological values.
(Pub. L. 95-625, title III, Sec. 314, Nov. 10, 1978, 92 Stat. 3479;
Pub. L. 103-437, Sec. 6(d)(5), Nov. 2, 1994, 108 Stat. 4583; Pub.
L. 108-447, div. E, title I, Sec. 139(b), Dec. 8, 2004, 118 Stat.
REFERENCES IN TEXT
This section, referred to in text, other than as appearing with a
reference to a subsection of this section, means section 314 of
Pub. L. 95-625, which in addition to enacting this section,
repealed sections 45a-3 and 688 of this title, enacted provisions
set out as a note under section 688 of this title, and amended
provisions set out as a note under section 45a-1 of this title.
Section is comprised of section 314 of Pub. L. 95-625. Subsec.
(d)(3) of section 314 of Pub. L. 95-625 amended Pub. L. 93-522,
which is set out as a note under section 45a-1 of this title.
Subsec. (g) of section 314 of Pub. L. 95-625 repealed sections 45a-
3 and 688 of this title and enacted provisions set out as notes
under section 688 of this title.
2004 - Subsec. (c)(2). Pub. L. 108-447, Sec. 139(b)(1), struck
out second sentence which read as follows: "Such rights of use and
occupancy shall be for not more than twenty-five years or for a
term ending at the death of the owner or his or her spouse,
whichever is later."
Subsec. (d)(2)(B). Pub. L. 108-447, Sec. 139(b)(2), inserted "and
to their heirs, successors, and assigns" after "of record on
November 10, 1978," in third sentence.
1994 - Subsec. (b)(1). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress.
Secretary means the Secretary of the Interior, see section 2 of
Pub. L. 95-625, set out as a note under section 2503 of this title.