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S. 476 (87th): An Act to establish the Point Reyes National Seashore in the State of California, and for other purposes


The text of the bill below is as of Sep 13, 1962 (Passed Congress).


538                               PUBLIC LAW 87-657-SEPT. 13, 1962              [76 STAT.

                Public Law 87-657
S.pt.mberl3.1962                                 AN ACT
     ^8- ^^^]    To establish the Point Reyes National Seashore in the State of California,
                                          and for other purposes.

                    Be it enacted hy the Senate and House of Representatives of the
  California.    United States of America in Congress assembled^ That in order to
tion^^^as^oT^.^' ^^^® *^^ preserve, for purposes of public recreation, benefit, and
  Establishment, inspiration, a portion of the diminishing seashore of the United States
                 that remains undeveloped, the Secretary of the Interior (hereinafter
                 referred to as the "Secretary") is hereby authorized to take appro-
                 priate action in the public interest toward the establishment of the
                 national seashore set forth in section 2 of this Act.
                    SEC. 2. (a) The area comprising that portion of the land and waters
                 located on Point Eeyes Peninsula, Marin County, California, which
                 shall be known as the Point Reyes National Seashore, is described
                 as follows by reference to that certain boundary map, designated N S -
                 PR-7001, dated June 1,1960, oh file with the Director, National Park
                 Service, Washington, District of Columbia.
                   Beginning at a point, not monumented, where the boundary line
                 common to Rancho Punta de los Reyes (Sobi:ante) and'Rancho Las
                 Baulines meets the average high tide line of the Pacific Ocean as shown
                 on said boundary m a p ;
                   Thence southwesterly from said point 1,320 feet offshore on a pro-
                 longation of said boundary line common to Rancho Punta de los Reyes
                 (Sobrante) and Rancho Las Baulines;
                   Thence in a northerly and westerly direction parallelingthe average
                 high tide line of the shore of the Pacific Ocean; along Drakes Bay,
                 and around Point Reyes;
                   Thence generally northerly and around Tomales Point, offshore a
                 distance of 1,320 feet from average high tide line;
                   Thence southeasterly along a line 1,320 feet offshore and parallel to
                 the average high tide line along the west shore of Bodega Bay and
                 Tomales Bay to the intersection of this line with a prolongation of the
                 most northerly tangent of theboundary of Tomales Bay State P a r k ;
                   Thence south 54 degrees 32 minutes west 1,320 feet along the pro-
                 longation of said tangent of Tomales Bay State Park boundary to the
                 average high tide line on the shore of Tomales Bay;
                    Thence following the boundary of Tomales Bay State P a r k in a
                 southerly direction to a point lying 105.4 feet- north 41 degrees east
                 of an unimproved road heading westerly and northerly from Pierce
                 Point Road;
                    Thence south 41 degrees west 105.4 feet to a point on the north
                 right-of-way of said unimproved road;
                    Thence southeasterly along the north right-of-way of said unim-
                 proved road and Pierce Point Road to a point at the southwest corner
                 of Tomales Bay State Park at the junction of the Pierce Point Road
                 and Sir Francis Drake Boulevard;
                    Thence due south to a point on the south right-of-way of said Sir
                 Francis Drake Boulevard;
                    Thence southeasterly along said south right-of-way approximately
                 3,100 feet to a point;
                    Thence approximately south 19 degrees west approximately 300
                 feet:
                    Thence south approximately 400 feet;
                    Thence southwest to the most northerly corner of the Inverness
                 watershed area;
                    Thence southerly and easterly along the west property line of the
                 Inverness watershed area approximately 9,040 feet to a point near the

76 STAT. ] PUBLIC LAW 87-657-SEPT. 13, 1962 539 intersection* of this property line with an unimproved road as shown on said boundary m a p ; Thence southerly along existing property lines that roughly follow said unimproved road to its intersection with Drakes Summit Road and to a point on the north right-of-way of Drakes Summit Road; Thence easterly approximately 1^00 feet along the north right-of- way of said Drakes Summit Road to a point which is a property line corner at the intersection with an unimproved road to the south; Thence southerly and easterly and then northerly, as shown approxi- mately on said boundary map, along existing property lines to a point on the south right-of-way of the Bear Valley Road, approximately 1,500 feet southeast of its intersection with Sir Francis Drake Boulevard; Thence easterly and southerly along said south right-of-way of Bear Valley Road to a point on a property line approximately 1,000 feet west of the intersection of Bear Valley Road and Sir Francis Drake Boulevard in the village of Olema; Thence south approximately 1,700 feet to the northwest corner of property now owned by Helen U. and Mary S. Shafter; Thence southwest and southeast along the west boundary of said Shafter property to the southwest corner of said Shafter property; Thence approximately south 30 degrees east on a course ap- proximately 1,700 feet to a point; Thence approximately south 10 degrees east on a course to the centerline of Olema Creek; Thence generally southeasterly up the centerline of Olema Creek to a point on the west right-of-way line of State Route Numbered 1; Thence southeasterly along westerly right-of-way line to State Highway Numbered 1 to a point where a prolongation of the boundary line common to Rancho Punta de los Reyes (Sobrante) and Rancho Las Baulines would intersect right-of-way line of State Highway Numbered 1; Thence southwesterly to and along said south boundary line of Rancho Punta de los Reyes (Sobrante) approximately 2,900 feet to a property corner; Thence approximately south 38 degrees east approximately 1,500 feet to the centerline of Pine Gulch Creek; Thence down the centerline of Pine Gulch Creek approximately 400 feet to the intersection with a side creek flowing from the west; Thence up said side creek to its intersection with said south bound- ary line of Rancho Punta de los Reyes (Sobrante); Thence southwest along said south boundary line of Rancho Punta de los Reyes to the point of beginning, containing approximately 53,- 000 acres. Notwithstanding the foregoing description^ the Secretary is authorized to include within the Point Reyes National Seashore the entire tract of land owned by the Vedanta Society of Northern California west of the centerline of Olema Creek, in order to avoid a severance of said tract. (b) The area referred to in subsection (a) shall include also a right- of-way, to be selected by the Secretary, of not more than 400 feet in width to the aforesaid tract from the intersection of Sir Francis Drake Boulevard and Haggerty Gulch. SEC. 3. (a) Except as provided in section 4, the Secretai-y is author- ized to acquire, and it is the intent of Congress that he shall acquire as rapidly as appropriated funds become available for this purpose or as such acquisition can be accomplished by donation or with donated funds or by transfer, exchange, or otherwise the lands, waters, and other property, and improvements thereon and any interest therein, within the areas described in section 2 of this Act or which lie within
540 PUBLIC LAW 87-657-SEPT. 13, 1962 [76 STAT. the boundaries of the seashore as established under section 5 of this Act (hereinafter referred to as "such area"). Any property, or interest therein, owned by a State or political subdivision thereof may be acquired only with the concurrence of such owner. Notwithstand- ing any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the pro- visions of this Act. I n exercising his authority to acquire property in accordance with the provisions of this subsection, the Secretary may enter into contracts requiring the expenditure, when appropriated, of funds authorized by section 8 of this Act, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred. (b) The Secretary is authorized to pay for any acquisitions which lie makes by purchase under this Act their fair market value, as deter- mined by the Secretary, who may in his discretion base his determina- tion on an independent appraisal obtained by him. (c) In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within such area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary within Cali- fornia and adjacent States, notwithstanding any other provision of law. The properties so exchanged shall be approximately equal in fair market value, provided that the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged. SEC. 4. No parcel of more than five hundred acres within the zone of approximately twenty-six thousand acres depicted on map num- bered NS-PR-7002, dated August 15, 1961, on hie with the director. National P a r k Service, Washington, District of Columbia, exclusive of that land required to provide access for purposes of the national seashore, shall be acquired without the consent of the owner so long as it remains in its natural state, or is used exclusively for ranching and dairying purposes including housing directly incident thereto. *' R anching and The term "ranching and dairying purposes", as used herein, means dairying pur- such ranching and dairying, primarily for the production of food, poses." as is presently practiced in the area. I n acquiring access roads within the pastoral zone, the Secretary shall give due consideration to existing ranching and dairying uses and shall not unnecessarily interfere with or damage such use. Publication in SEC. 5. (a) As soon as practicable after the date of enactment of F. R. this Act and following the acquisition by the Secretary of an acreage in the area described in section 2 of this Act, that is in the opinion of the Secretary efficiently administrable to carry out the purposes of this Act, the Secretary shall establish Point Reyes National Seashore by the publication of notice thereof in the Federal Register. Notification of (b) Such notice referred to in subsection (a) of this section shall Governor, etc. contain a detailed description of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 2 of this Act. The Secretary shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a map showing such bound- aries, by registered or certified mail to the Governor of the State and to the governing body of each of the political subdivisions involved; (2) cause a copy of such notice and map to be published in one or more newspapers which circulate in each of the localities; and (3) cause a certified copy of such notice, a copy of such map, and a copy of this Act to be recorded at the registry of deeds for the county involved.
76 STAT.] PUBLIC LAW 87-658-SEPT. 14, 1962 541 SEC. 6. (a) Any owner or owners (hereinafter in this subsection referred to as "owner") of improved property on the date of its acqui- sition by the Secretary may, as a condition to such acquisition, retain the right of use and occupancy of the improved property for noncom- mercial residential purposes for a term of fifty years. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. (b) As used in this Act, the term "improved property" shall mean ' 'Imp roved prop- a private noncommercial dwelling, including the land on which it is erty." situated, whose construction w^as begun before September 1, 1959, and structures accessory thereto (hereinafter in this subsection referred to as "dwelling"), together with such amount and locus of the property adjoining and in the same ownership as such dwelling as the Secretary designates to be reasonably necessary for the enjoyment of such dwell- ing for the. sole purpose of noncommercial residential use and oc- cupancy. In making such designation the Secretary shall take into account the manner of noncommercial residential use and occupancy in which the dwelling and such adjoining property has usually been enjoyed by its owner or occupant. SEC. 7. (a) Except as otherwise provided in this Act, the property acquired by the Secretary under this Act shall be administered by the Secretary, subject to the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25,1916 (39 Stat. 535), as amended and supplemented, and in 16 use 1. accordance with other laws of general application relating to the national park system as defined by the Act of August 8, 1953 (67 Stat, 496), except that authority otherwise available to the Secretary 16 u s e Ic. for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this Act. (b) The Secretary may permit hunting and fishing on lands and waters under his jurisdiction within the se'^shore in such areas and under such regulations as he may prescribe during open seasons pre- scribed by applicable local. State, and Federal law. The Secretary shall consult with officials of the State of California and any political subdivision thereof who have jurisdiction of hunting and fishing prior to the issuance of any such regulations, and the Secretary is authorized to enter into cooperative agreements with such officials regarding such hunting and fishing as he may deem desirable. SEC. 8. There are authorized to be appropriated such sums as may Appropriation. be necessary to carry out the provisions of this Act, except that no more than $14,000,000 shall be appropriated for the acquisition of land and waters and improvements thereon, and interests therein, and inci- dental costs relating thereto, in accordance with the provisions of this Act. Approved September 13, 1962. Public Law 87-658 AN ACT September 14,1962 To provide authority to accelerate public worlis programs by the Federal [s. 2965] Government and State and local bodies. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Puwic works be cited as the "Public Works Acceleration Act". Acceleration Act.