H.R. 3757 (96th): An act to establish the Channel Islands National Park, and for other purposes.
PUBLIC LAW 96-199—MAR. 5, 1980 94 STAT. 67 Public Law 96-199 96th Congress An Act To establish the Channel Islands National Park, and for other purposes. Mar. 5, 1980 [H.R. 3757] Be it enacted by the Senate and House of Representatives of the National Parks United States ofAmerica in Congress assembled, and Recreation Act of 1978, TTTLEI amendment. SEC. 101. The National Parks and Recreation Act of 1978, approved November 10,1978 (92 Stat. 3467), is amended as follows: 16 u s e 1 note. (a) Section 318, re: Point Reyes National Seashore is amended by: Point Reyes National Sea- (1) in subsection (a), change the period following "May 1978" to shore, area a comma and insert "plus those areas depicted on the map description. entitled 'Point Reyes and GGNRA Amendments, dated October 16 u s e 459C-1. 25,1979'."; (2) in subsection Ob), changing the word "The" at the beginning of section 5(a) to "Except for property which the Secretary 16 u s e 459C-5. specifically determines is needed for interpretive or resources management purposes of the seashore, the"; (3) in subsection (c), after "May 1,1978", inserting "or, in the case of areas added by action of the Ninety-sixth Congress, May 1, 1979", and at the end of the subsection, following the word "property", inserting "that were in existence or under construc- tion as of May 1,1978"; (4) in subsection (d), changing the phrase "subsection (c)" to read "subsections (c), (d), and (e) and adding the following at the end thereof: "(d) The Secretary is authorized to accept and manage in accord- Lands and improvements, ance with this Act, £iny lands and improvements within or adjacent to acceptance and the seashore which are donated by the State of California or its management. political subdivisions. He is directed to accept any such lands offered for donation which comprise the Tomales Bay State Park, or lie between said park and Fish Hatchery Creek. The boundaries of the seashore shall be changed to include any such donated lands. "(e) Notwithstanding any other provision of law, no fee or admis- sion charge may be levied for admission of the general public to the seashore. ; (5) adding a new subsection (f) as follows: "(f) Section 9 of such Act is amended by adding at the end ihereof: Appropriation 'In addition to the sums heretofore authorized l ^ this section, there is authorization. 16 u s e 459C-7. further authorized to be appropriated $5,000,000 for the acquisition of lands or interests therein... (b) Section 551, re: the National Trails System Act is amended by: North Country (1) in paragraph (9), add the following at the end thereof: National Scenic Trail. "(8) The North Country National Scenic Trail, a trail of approxi- 16 u s e 1244. mately thirty-two hundred miles, extending from eastern Nevr York State to the vicinity of Lake Sakakawea in North Dakota, following the approximate route depicted on the map identified as 'Proposed North Country Trail-Vicinity Map' in the Department of the Interior 'North Country Trail Report', dated June 1975. The map shall be on
94 STAT. 68 PUBLIC LAW 96-199—MAR. 5, 1980 file and available for public inspection in the office of the Director, Administration. National Park Service, Washington, District of Columbia. The trail shall be administered by the Secretaiy of the Interior."; 16 u s e 1244. (2) in paragraph (15), subsection (e), delete the "," after Conti- nental Divide National Scenic Trail, and insert "and the North Country National Scenic Trail,"; (3) in paragraph (15), subsection (f), after the phrase "Continen- tal Divide NationcQ Scenic Trail", insert "or the North Country National Scenic Trail"; 16 u s e 1249. (4) in paragraph (23), revise subsection (c) to read as follows: Appropriation "(c) There is hereby authorized to be appropriated such sums as authorization. may be necessary to implement the provisions of this Act relating to the trails designated by paragraphs 5(a) (3), (4), (5), (6), (7), and (8): Provided, That no such funds are authorized to be appropriated prior to October 1,1978: And provided further. That notwithstanding any other provisions of this Act or any other provisions of law, no fun(& may be expended by Federal agencies for the acquisition of lands or interests in lands outside the exterior boundaries of existing Federal areas for the Continental Divide National Scenic Trail, the North Country National Scenic Trail, the Oregon National Historic Trail, the Mormon Pioneer National Historic Trail, the Lewis and Clark National Historic Trail, and the Iditarod National Historic Trail.". 16 u s e 410y-la. (c) Section 320, re: Chesapeake and Ohio Canal National Historical Park, is amended by changing the colon following the word "acres" to a period, and by deleting the proviso in its entirety. SEC. 102. The Wild and Scenic Rivers Act of 1968 (82 Stat. 906), as amended (16 U.S.C. 1271), is further amended— 16 u s e 1276. (a) in section 5(a) by adding the following new clause at the end thereof: "(76) Birch, West Virginia: The main stem from the (Dora Brown Bridge in Nicholas Countv to the confluence of the river with the Elk River in Braxton County. . (b) in section 5(b) by deleting "(75)" and inserting "(76)". Revised SEC. 103. The Act of October 27,1972 (86 Stat. 1299), as amended (16 boundary map. U.S.C. 459), is further amended as follows: 16 u s e 460bb. (a) In subsection 2(a), change the period following "October 16 u s e 460bb-l. 1978" to a comma and insert plus those areas depicted on the map entitled 'Point Reyes and GGNRA Amendments and dated October 25,1979.'". 16 u s e 460bb-5. (b) In section 6, after "$61,610,000" msert "plus $15,500,000", after "herein", insert "said total development ceiling to be reduced by $10,000,000". Report and SEC. 104. The Act of August 18,1970 (84 Stat. 825), as amended, is annual list- further amended as follows: ing. 16 u s e la-5. (a) In section 8 near the end thereof, delete the sentence "Each report and annual listing shall be printed as a House docu- ment.", and insert in lieu the following: "Each report and annual listing shall be printed as a House document: Provided, That should adequate supplies of previously printed identical reports remain available, newly submitted identical reports shall be omitted from printing upon the receipt by the Speaker of the United States House of Representatives of a joint letter from the chairman of the (])ommittee on Interior and Insular Affairs of the United States House of Representatives and the chairman of the C!ommittee on Energy and Natural Resources of the United States Senate indicating such to be the case."; and (b) Insert "(a)" after "SEC. 8." and add a new subsection (b) as follows:
PUBLIC LAW 96-199—MAR. 5, 1980 94 STAT. 69 "(b) Within six months of the date of enactment of this subsection, National Park System Plan, the Secretary shall submit to the Ck>mmittee on Interior and Insular submitttal to Affairs of the United States House of Representatives and the congressional Committee on Energy and Natural Resources of the United States committees. Senate, a comprehensive, 'National Park System Plan', which docu- ment shall constitute a professional guide for the identification of natural and historic themes of the United States, and from which candidate areas can be identified and selected to constitute units of the National Park System. Such plan shall be revised and updated annually.". SEC. 105. (a) The Secretary of the Interior is authorized to revise the Boundary boundaries of the following units of the National Park System: revisions. (1) Carl Sandburg Home National Historic Site, North Caro- lina: to add approximately seventeen acres. (2) Chickamauga and Chattanooga National Military Park, Georgia and Tennessee: to add approximately one acre. (3) Fredericksburg and Spotsylvania County Battlefields Me- morial National Military Park, Virginia: to add approximately twenty acres. 0)) Sections 302,303, and 304 of the National Parks and Recreation Act of 1978 (92 Stat. 3467) shall be applicable to the boundary revisions authorized in subsection (a) of this section, except that for the purposes of this section, the date of enactment referred to in section 302 of such Act shall be deemed to be the date of enactment of this section. (c) For the purposes of acquiring the lands and interests in lands Appropriation authorization. added to the unite referred to in subsection (a), there are authorized to be appropriated from the Land and Water Conservation Fund such sums as may be necessary, but not to exceed $304,000 for Chicka- mauga and Chattanooga National Military Park and not to exceed $234,000 for Fredericksburg and Spoteylvania County Battlefields Memorial National Military Park. SEC. 106. The Secretary of the Interior is authorized and directed to Palmer's take such measures as may be necessary to provide for the continued Chapel, continued protection of the historic Palmer's Qiapel in the Cataloochee Valley protection. of the Great Smoky Mountains National Park. The importance of the 16 u s e 403k-3. chapel in memorializing the early settlement of the valley and in providing an opportunity for interpreting the cultural traditions of the former residente of the valley is hereby recognized, and the Secretary is authorized to make suitable arrangements for the history of the chapel to be communicated to park visitors and for the chapel to continue to be used for memorial purposes by former residente and their descendante. SEC. 107. Section 304(a) of the Act of October 21,1976 (90 Stat. 2732), is amended by inserting after "to the jurisdiction of the" the follow- ing: "Secretary of the Army, the land under the jurisdiction of the". SEC. 108. The Act of June 30, 1944 (58 Stat. 645), as amended (16 Boundary Map, U.S.C. 450bb), is further amended (1) by changing "Boundary Map, Harpers Ferry National Harpers Ferry National Historical Park", numbered 385-40,000D Historical and dated April 1974 to "Boundary Map, Harpers Ferry National Park. Historical Park", numbered 385-80,021A and dated April 1979 and changing "two thousand acres" to "two thousand four hundred and seventy-five acres" in the first section; and (2) by changing "$1,300,000" to "$1,600,000" in section 4. 16 u s e 450bb SEC. 109. Subsection 50)) of the Act of October 13, 1964 (78 Stat. note. Ice Age National 1087), an Act "To authorize the Secretary of the Interior to cooperate Scientific with the State of Wisconsin in the designation and administration of Reserve, the Ice Age National Scientific Reserve in the State of Wisconsin, and Wis., grants. 16 u s e 469h.
94 STAT. 70 PUBLIC LAW 96-199—MAR. 5, 1980 for other purposes", as amended (16 U.S.C. 469h), is further amended by changing ^$425,000" to "$2,500,000". Appropriation SEC. 110. Section 320 of the Act of October 21,1976 (90 Stat. 2732), is authorization. amended in subsection (j) by changing "$13,000,000" to "$23,700,000". 16 u s e 251m. SEC. 111. Parg^aph (13) of section 101 of the Act entitled "An Act to provide for increases in appropriation ceilings and boundary changes in certain units of the National Park System, and for other 16 u s e 459d-7. purposes", approved October 21,1976 (90 Stat. 2732,2733), is amended by changing the period to a semicolon and inserting the following 16 u s e 459d-l thereafter: the Secretary of the Interior is authorized to revise the note. boundary of the seashore to add approximately two hundred and seventy-four acres and to delete ppproximately two thousand acres, and sections 302 and 303 of the Act of April 11,1972 (86 Stat. 120,121), shall apply to the boundary revision authorized herein.". Fort Saint SEC. 112. (a) In order to commemorate the first European settle- Jean Baptiste ment in Louisiana, Fort Saint Jea^ii Baptiste de Natchitoches (herein- de Natchitoches, La. after called the "fort"), the Secretary is authorized to render the State of Louisiana such assistance, in the form of technical advice, grants of funds for land acquisition and development, and other help necessary to reconstruct the fort: Provided, liiat no funds shall be expended for reconstruction unless the Secretary determines that such reconstruction can be based on historical documentation. Agreements (b) The Secretary is authorized to enter into a cooperative agree- with the State ment with the State of Louisiana and affected local governmental of Louisiana. authorities which agreement shall include but not limited to— (1) assurances that the State of Louisiana shall operate and maintain the fort as a public area; (2) assurances that the State of Louisiana shall incur all operation and maintenance costs; (3) assurances by the State of Louisiana that they will manage the fort consistent with its historic character; and (4) authoritjr for the Secretary to obtain reimbursement from or offset agamst the State of Louisiana of all Federal funds previously granted under this section, including subsequent violation of paragraph (3) of this subsection. Appropriation (c) There is hereby authorized to be appropriated not to exceed authorization. $2,813,000 for the purposes of this section: Provided, That the Secre- tary may expend not to exceed 75 per centum of the total cost incurred in the reconstruction of the fort. Memorial in SEC. 113. (a) The United States Navy Memorial Foundation is Washington authorized to erect a memorial on public grounds in the District of D.C. for USN men and Columbia in honor and in commemoration of the men and women of women. the United States Navy who have served their country in war and 16 u s e 431 note. peace. (bXD The Secretary is authorized and directed to select, with the approval of the National Commission of Fine Arts and the National Capital Planning Commission, a suitable site on public grounds of the United States, in the District of Columbia or on such grounds principally serving as a site for national monuments along the Potomac River in Northern Virginia, upon which may be erected the memorial authorized in subsection (a). (2) The design and plans for such memorial shall be subject to the approval of the Secretary, the National C!ommission of Fine Arts, and the National Capital Planning Commission. (3) Other than as to the land authorized for the erection fif the memorial in paragraph (1) of this subsection, neither the United States nor the District of Columbia shall be put to any expense in the erection of this memorial.
PUBLIC LAW 96-199—MAR. 5, 1980 94 STAT. 71 (c) The authority conferred pursuant to this section shall lapse unless (1) the erection of such memorial is commenced within Hve years from the date of enactment of this section, and (2) prior to its commencement funds are certified available in an amount sufficient, in the judgment of the Secretary to insure completion of the memorial. (d) The maintenance and care of the memorial erected under the Maintenance provisions of this section shall be the responsibility of the Secretary. and care. SEC. 114. Section 206 of the Act of October 15,1966 (80 Stat. 915), is amended by deleting all of subsection 6(c) and inserting in lieu 16 u s e 470n. thereof the following: "(c) For the purposes of this section there is authorized to be Appropriation authorization. appropriated an amount equal to the assessment for United States membership in the Centre for fiscal years 1979,1980,1981, and 1982: Provided, That no appropriation is authorized and no pa3rment shall be made to the Centre in excess of 25 per centum of the total annual assessment of such organization. Authorization for pajrment of such assessments shall begin in fiscal year 1981, but shall include earlier costs.". SEC. 115. (a) The Secretary of the Interior is authorized to revise the 16 u s e 159e. boundary of the Saratoga National Historic Park to add approxi- mately one hundred and forty-seven acres. (b) For the purposes of acquiring land and interest in land added to Appropriation the unit referred to in subsection (a) there are authorized to be authorization. appropriated from the Land and Water Conservation Fund such sums as may be necessary but not to exceed $74,000 for Saratoga National Historic Park. SEC. 116. The Secretary of the Interior shall designate the David David Berger Berger Memorial located at the Jewish Community Center in Cleve- Memorial, eieveland, Ohio, land Heights, Ohio, as a national memorial. The significance of the designation. memorial in preserving the memory of the eleven Israeli athletes 16 u s e 431 note. who were assassinated at the Olympic games in Munich, Germany, in 1972 is, by this designation, recognized by the Congress. SEC. 117. The Secretary of the Interior is authorized to acquire by Fleet Landing purchase with donated or appropriated funds not to exceed two and site, eharleston, S.e., acquisition. one-half acres of land and submerged lands, waters, or interest therein, at Charleston, South Carolina, known generally as the Fleet Landing Site, for purposes of a mainland tour boat facility for access to Fort Sumter National Monument. Property so acquired shall be administered as a part of Fort Sumter National Monument. There Appropriation authorization. are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. SEC. 118. Subsection 507(q) of the Act of November 10, 1978 (92 Stat. 3506) is amended in clause (2)(E) by changing "5" to "9". 16 u s e 460kk. SEC. 119. (a) In order to protect the unique scenic, scientific, Yaquina Head educational, and recreational values of certain lands in and around Outstanding Natural Area, Yaquina Head, in Lincoln County, Oregon, there is hereby estab- Or eg., lished, subject to valid existing rights, the Yaquina Head Outstand- establishment. ing Natural Area (hereinafter referred to as the "area"). The bound- 43 u s e 1783. aries of the area are those shown on the map entitled "Yaquina Head Area", dated July 1979, which shedl be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State Office of the Bureau of Land Management in the State of Oregon. (b)(1) The Secretary of the Interior (hereinafter referred to as the Administration. "Secretary") shall administer the Yaquina Head Outstanding Natu- ral Area in accordance with the laws and regulations applicable to the public lands as defined in section 103(e) of the Federal Land
94 STAT. 72 PUBLIC LAW 96-199—MAR. 5, 1980 Policy and Management Act of 1976, as amended (43 U.S.C. 1702), in such a manner as will best provide for— (A) the conservation and development of the scenic, natural, and historic values of the area; (B) the continued use of the area for purposes of education, scientific study, and public recreation which do not substantially impair the purposes for which the area is established; and (C) protection of the wildlife habitat of the area. Management (2) The Secretary shall develop a management plan for the area plan, develop- which accomplishes the purposes and is consistent with the provi- ment. sions of this section. This plan shall be developed in accordance with the provisions of section 202 of the Federal Land Policy and Manage- ment Act of 1976, as amended (43 U.S.C. 1712). Quarrying (3) Notwithstanding any other provision of this section, the Secre- of materials, permits and tary is authorized to issue permits or to contract for the quarr5ring of contracts. materials from the area in accordance with the management plan for the area on condition that the lands be reclaimed and restored to the satisfaction of the Secretary. Such authorization to quarry shall require payment of fair market value for the materials to be quar- ried, as established by the Secretary, and shall also include any terms and conditions which the Secretary determines necessary to protect the values of such quarry lands for purposes of this section. Reservation (c) The reservation of lands for lighthouse purposes made by of lands for Executive order of June 8, 1866, of certain lands totaling approxi- lighthouse purposes, mately 18.1 acres, as depicted on the map referred to in subsection revocation. 119(a), is hereby revoked. The lands referred to in subsection 119(a) are hereby restored to the status of public lands as defined in section 103(e) of the Federal Land Policy and Management Act of 1976, £is amended (43 U.S.C. 1702), and shall be administered in accordance with the management plan for the area developed pursuant to subsection 119(b), except that such lands are hereby withdrawn from settlement, sale, location, or entry, under the public land laws, 39 u s e 21 et seq. including the mining laws (30 U.S.C, ch. 2), leasing under the mineral leasing laws (30 U.S.C. 181 et seq.), and disposals under the Materials Act of July 31,1947, as amended (30 U.S.C. 601,602). (d) The Secretary shall, as soon as possible but in no event later than twenty-four months following the date of the enactment of this section, acquire by purchase, exchange, donation, or condemnation all or any part of the lands and waters and interests in lands and waters within the area referred to in subsection 119(a) which are not in Federal ownership except that State land shall not be acquired by purchase or condemnation. Any lands or interests acquired by the Secretary pursuant to this section shall become public lands as defined in the Federal Land Policy and Management Act of 1976, as 43 u s e 1702. amended. Upon acquisition by the United States, such lands are automatically withdrawn under the provisions of subsection 119(c) except that lands affected by quarrjring operations in the area shall be subject to disposals under the MaterigQs Act of July 31, 1947, as Administration. amended (30 U.S.C. 601, 602). Any lands acquired pursuant to this subsection shall be administered in accordance with the management plan for the area developed pursuant to subsection 119(b). Wind energy (e) The Secretary is authorized to conduct a study relating to the research, study. use of lands in the area for purposes of wind energy research. If the Secretary determines after such study that the conduct of wind energy research activity will not substantially impair the values of the lands in the area for purposes of this section, the Secretary is further authorized to issue permits for the use of such lands as a site for installation and field testing of an experimental wind turbine
PUBLIC LAW 96-199—MAR. 5, 1980 94 STAT. 73 generating system. Any permit issued pursuant to this subsection Terms and shall contain such terms and conditions as the Secretary determines conditions. necessary to protect the values of such lands for purposes of this section. (f) The Secretary shall develop and administer, in addition to any Development requirements imposed pursuant to paragraph 119(bX3), a program for and administration. the reclamation and restoration of all lands affected by quarrying operations in the area acquired pursuant to subsection 119(d). All revenues received by the United States in connection with quarrying operations authorized by paragraph 119(b)(3) shall be deposited in a separate fund account which shall be established by the Secretary of the Treasury. Such revenues are hereby authorized to be appropri- Appropriation authorization. ated to the Secretary as needed for reclamation and restoration of any lands acquired pursuant to subsection 119(d). After completion of such reclamation and restoration to the satisfaction of the Secretary, any unexpended revenues in such fund shall be returned to the general fund of the United States Treasury. (g) There are hereby authorized to be appropriated in addition to Appropriation that authorized by subsection 119(f), such sums as may be necessary authorization. to carry out the provisions of this section. SEC. 120. (a) The Secretary of the Interior (hereinafter referred to as Presidential the "Secretary") is authorized to conduct a survey of sites which he monument sites, survey. deems exhibit qualities most appropriate for the commemoration of 16 u s e 467b. each former President of the United States. The survey may include sites associated with the deeds, leadership, or lifework of a former President, and it may identify sites or structures historically unre- lated to a former President but which may be suitable as a memorial to honor such President. (b) The Secretary shall, from time to time, prepare and transmit to Individual the Committee on Interior and Insular AJFfairs of the House of sites and structures; Representatives and the Committee on Energy and Natural report to Resources of the United States Senate reports on individual sites and congressional structures identified in the survey referred to in subsection (a), committees. together with his recommendation as to whether such site or struc- ture is suitable for establishment as a national historic site or national memorial to commemorate a former President. Each such report shall include pertinent information with respect to the need for acquisition of lands and interests therein, the development of facilities, and the operation and maintenance of the site or structure and the estimated cost thereof. If during the six-month period following the transmittal of a report pursuant to this subsection neither Committee has by vote of a majority of its members disap- proved a recommendation of the Secretary that a site or structure is suitable for establishment as a national historic site, the Secretary may thereafter by appropriate order establish the same as a national historic site, including the lands and interests therein identified in the report accompanying his recommendation. The Secretary may acquire the lands and interests therein by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, and he shall administer the site in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and 16 u s e 1-4, 22, supplemented, and the Act of August 21, 1935 (49 Stat. 666), as 43. amended. 16 u s e 450m, 450n. (c) Nothing in this section shall be construed as diminishing the authority of the Secretary under the Act of August 21,1935 (49 Stat. 666), as £imended, or as authorizing the Secretary to establish any national memorial, creation of which is hereby expressly reserved to the Congress.
94 STAT. 74 PUBLIC LAW 96-199—MAR. 5, 1980 Appropriation (d) There is authorized to be appropriated such sums as may be authorization. necessary to carry out the provisions of this section. SEC. 121. Authorizations of moneys to be appropriated under this Act shall be effective on October 1,1980. Notwithstanding any other provisions of this Act, authority to enter into contracts, to incur obligations, or to make payments under this Act shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts. TITLE II Channel Islands SEC. 201. In order to protect the nationally significant natural, National Park, scenic, wildlife, marine, ecological, archaeological, cultural, and sci- Calif. Establishment. entific values of the Channel Islands in the State of California, 16 u s e 410ff. including, but not limited to, the following: (1) the brown pelican nesting area; (2) the undisturbed tide pools providing species diversity unique to the eastern Pacific coast; (3) the pinnipeds which breed and pup almost exclusively on the Channel Islands, including the only breeding colony for northern fur seals south of Alaska; (4) the Eolian landforms and caliche; (5) the presumed burial place of Juan Rodriquez Cabrillo; and (6) the archaeological evidence of substantial populations of Native Americans; there is hereby established the Channel Islands National Park, the boundaries of which shall include San Miguel and Prince Islands, Santa Rosa, Santa Cruz, Anacapa, and Santa Barbara Islands, includ- ing the rocks, islets, submerged lands, and waters within one nautical mile of each island, as depicted on the map entitled, "Proposed Channel Islands National Park" numbered 159-20,008 and dated April 1979, which shall be on file and available for public inspection in the offices of the Superintendent of the park and the Director of Channel Islands the National Park Service, Department of the Interior. The Channel National Islands National Monument is hereby abolished as such, and the Monument. lands, waters, and interests therein withdrawn or reserved for the Abolishment. monument are hereby incorporated within and made a part of the new Channel Islands National Park. 16 u s e 410ff-l. SEC. 202, (a) Within the boundaries of the park as established in section 201, 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. ealifornia lands Any lands, waters, or interests therein owned by the State of or interests, California or any political subdivision thereof shall not be acquired. exemption. 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 the date of enactment of this title, for essential national security missions and
PUBLIC LAW 96-199—MAR. 5, 1980 94 STAT. 75 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 subsec- Nature Con- servancy tion 202(a), any lands, waters, or interests therein, which are owned Lands, acqui- wholly or in part, by or which hereafter may be owned by, or under sition. option to, the National Park Foundation, Tlie Nature Conservancy (including any lands, waters, or interests therein which are desig- nated as "Nature Conservancy Lands" on the map referred to in section 201 of this title) or any similar national, nonprofit conserva- tion organization, or an affiliate or subsidiary thereof shall be acquired only with the consent of the owner thereof: Provided, That the Secreta^ may acquire such property in accordance with the provisions of this Act if he determines that the property is undergo- ing or is about to undergo a change in use which is inconsistent with the purposes of this title. (c) With respect to the privately owned lands on Santa Rosa Island, Santa Rosa Island lands, the Secretary shall acquire such lands as expeditiously as possible priority after the date of enactment of this title. The acquisition of these lands acquisition. 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, ^ y such right retained pursuant to this subsection with respect to any property shall be subject to termination by the Secretary upon his determina- tion that such property is being used for any purpose which is incompatible with the administration of the park or with the preser- vation 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 Lease agreement to this title with respect to which a right of use and occupancy was with former owner. 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 tne 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. SEC. 203. (a) The Secretary is directed to develop, in cooperation and Natural consultation with the Secretary of Commerce, the State of California, resources study report, and various knowledgeable Federal and private entities, a natural development. resources study report for the park, including, but not limited to, the 16 u s e 410ff-2. following: (1) an inventory of all terrestrial and marine species, indicat- ing their population dynamics, and probable trends as to future numbers and welfare; (2) recommendations as to what actions should be considered for adoption to better protect the natural resources oi the park. Such report shall be submitted within two complete fiscal years from Submittal to the date of enactment of this title to the ODmmittee on Interior and congressional committees.
94 STAT. 76 PUBLIC LAW 96-199—MAR. 5, 1980 Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, and updated revisions of such report shall be similarly submitted at subsequent two year intervals to cover a period of ten years after the date of enactment of this title. Cooperative agreements with (b) The Secretary is authorized and directed to enter into and State of continue cooperative agreements with the Secretary of Commerce California. and the State of California for the enforcement of Federal and State laws and regulations on those lands and waters within and adjacent to the park which are owned by the State of California. No provision of this title shall be deemed to affect the rights and jurisdiction of the State of California within the park, including, but not limited to, authority over submerged lands and waters within the park boundaries, and the marine resources therein. 16 u s e 410ff-3. SEC. 204. (a) Subject to the provisions of section 201 of this title, the Secretary shall administer the park in accordance with the provi- sions of the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.). In the administration of the park, the Secretary may utilize such statutory authority available for the conservation and management of wildlife and natural and cultural resources as he deems appropriate to carry out the purposes of this title. The park shall be administered on a low-intensity, limited-entry basis. Ot)) In recognition of the special fragility and sensitivity of the park's resources, it is the intent of Congress that the visitor use within the park be limited to assure negligible adverse impact on the park resources. The Secretary shall establish appropriate visitor carrjdng capacities for the park. Comprehensive (cXD Within three complete fiscal years from the date of enactment general of this title, the Secretary, in consultation with The Nature Conserv- management plan, submittal ancy and the State of California, shall submit to the Committee on to congressional Interior and Insular Affairs of the United States House of Repre- committees. sentatives and the Committee on Energy and Natural Resources of the United States Senate, a comprehensive general managment plan for the park, pursuant to criteria stated in the provisions of section 12(b) of the Act of August 18, 1970 (84 Stat. 825), as amended (16 16 u s e la-7. U.S.C. la-1 et seq.). Such plan shall include alternative consider- ations for the design and operation of a public transportation system connecting the park with the mainland, with such considerations to be developed in cooperation with the State of California and the Hearings. Secretary of Transportation. The Secretary shall seek the advice of the scientific community in the preparation of said plan, and conduct hearings for public comment in Ventura and Santa Barbara Counties. (2) Those aspects of such a plan which relate to marine mammals shall be prepared by the Secretary of Commerce, in consultation with the Secretary and the State of California. Federal funds, SEC. 205. The head of any Federal agency having direct or indirect approval for expenditure. jurisdiction over a proposed Federal or federally assisted undertaking 16 u s e 410ff-4. with respect to the lands and waters within or adjacent or related to the park, and the head of any Federal agency having authority to license or permit any undertaking with respect to such lands and waters, shall, prior to the approval of the expenditure of any Federal funds on such undertaking or prior to the issuance of any license or permit, as the CEise may be, afford the Secretary a reasonable opportunity to comment with regard to such undertaking and shall give due consideration to any comments made by the Secretary and to
PUBLIC LAW 96-199—MAR. 5, 1980 94 STAT. 77 the effect of such undertaking on the purposes for which the park is established. SEC. 206. Within three complete fiscal years from the date of Review of enactment of this title, the Secretary shall review the area within the park area; report to park and shall report to the President, in accordance with subsec- President. tions 3 (c) and (d) of the Wilderness Act (78 Stat. 890), his recommen- 16 u s e 410ff-5. dations as to the suitability or nonsuitability of any area within the 16 u s e 1132. park for designation as wilderness. Any designation of any such areas as wilderness shall be accomplished in accordance with said subsec- tions of the Wilderness Act. 16 u s e 1131 note. SEC. 207. Notwithstanding any other provision of law, no fees shall 16 u s e 410ff-6. be chained for entrance or admission to the park. SEC. 208. The Secretary is authorized to espend Federal funds for 16 u s e 410ff-7. the cooperative management of The Nature Conservancy and other private property for research, resources management, and visitor protection and use. All funds authorized to be appropriated for the Transfer of purposes of the Channel Islands National Monument are hereby funds. transferred to tiie Channel Islands National Park. Effective October Appropriation 1,1980, there are hereby authorized to be appropriated such further authorizations. sums as may be necessary to carry out the purposes of this title, but not to exceed $500,000 for development. From the Land and Water Conservation Fund there is authorized to be appropriated $30,100,000 for the purposes of land acquisition. For the authorizations made in this section, any amounts authorized but not appropriated in any fiscal year shall remain available for appropriation in succeeding fiscal years. Approved March 5, 1980. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-119 (Comm. on Interior and Insular Affairs), No. 96-182, Pt. I accompanying H.R. 2975 (Comm. on Interior and Insular Affairs) and No. 96-182, Pt. II accompanying H.R. 2975 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 96-484 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 125 (1979): May 7, considered and passed House. Vol. 126 (1980): Feb. 18, considered and passed Senate, amended. Feb. 20, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 16, No. 10 (1980): Mar. 5, Presidential statement.