Public Law 90-542, 90th Congress, S. 119

• Description: Wild and Scenic
• Date: 10/2/1968
• Title: Public Law 90-542, 90th Congress, S. 119
• Water Supply Pro - Doc Type: Legislation

ant sTn•r. 912 Pub. Law 90 -542 - 6 - October 2, 1968
Land acquisition. tins. 0. (it) The Secretary of t.11e Interior and the Secretary of Agri -
culture. sire eiteh authorized to acquire lands and interests in hull
within the authorized ixmndaries of any component of t.le national
wild and scenic rivers system designatcul in section a of this Act., or
hereafter designated for inchision ill the system by Act of Congress,
wlicll is administered by 16111, but he slalf 11ot. acquire fees title to an
average of more than 100 acres per mile on botll sides of the river.
Lands owued by a States may be acquired only by donation, and lands
owued by all Indian tribe or It political snbdiv,sion of a State nnty not.
be acquired without the consent of the appropriate governing body
tilereof its long its the Indian tribe or political subdivision is following
It plan for management and protection of tie lands wlicll the Secretary
finds protects the land and assures its Ilse for purposes consistent wills
this Act. Molley appropriated fen• Federal purposes fro111 Ile land
and water conservation fund stall, without prejudice to the use of
appropriations from otter sources, be available to Federal departments
kind agencies for the acquisition of property for the purposes of this
Act.
(b) If Cie per ve lllulilor more ofI lie en1ireacreage%%•it11ina fede►•aally
administered wild, scenic or rnrrc'alional river area is owned by I le
lkniled tit ales, 11 - Y the Stale or Slalcs willlin is iiel it lies, or by
political subdivislons of those States, neitler Secretary stall acquire,
fee titles to anv lands by condemnation under alathority of this Act.
Notting contained in 0ii8 section, 11OWeVel•, 8111111 preclude tile use of
condemnation wlen necessary to (-]Pat- title or to acquire scenic ease -
rn1elnts or such other easements as are reasonably necessary to give the
access ccess to the river and to permit its members to traverse the
length of the area or of selected segments thereof.
(e) Neither flip, Seerofalry of the Taterior nor the Secretory of Agri -
cullure. Inlay acquire lauds lay condemnation, for (lie pnrposc of incl11d-
ing sucl lands In ally 1national wild, scenic or rerre;ltlollal river area, i
if such lands Lire located within any incorporated city, village, or
borough which has in force and applicable to such lands a duly
adopted, valid zoning ordinance that conforms «•ith the purposes of
this Act. In order to carry out the provisions of this subsection the
,ppr opriate Secretary shall issue guidelines, specifying standards for
local zoning ordinances, which are consistent with the purposes of this
Act. The standards specified in such guidelines shall have the object
of (A) prohibiting new commercial or industrial uses other thall com-
morcial o►• industrial uses which are consistent, witlk the purposes of
this Act, and (I3) the protection of the bank lands by means of acre-
age, frontage, and setback requirements on development.
(d) The appropriate Secretary is authorized to accept. title to non -
Federal property within the authorized boundaries of any federally
ad Ilk iuistered comkloneut of Ile national wild and scenic rit•ers systelu
designated ill Section 3 of this Act or hereafter designated for inclu-
sion in the system by Act of Congress and, in exchange therefor, con -
vey to the grantor any federally owned property which is under his
jurisdiction within the State in which the component lies and which ile
classifies as suitable for exchange or otter disolosal. 'I'lle values of the
properties so exchan red either stall be approximately equal or, if they
:1rc not atpproximate yequal, shall be equalized by the payment of cash
to the grantor or to the Secretary as the circumstances require.
(e) The head of any Federal department or agency having adminis-
Irative) irisdiction over any lands or interests nn land witl►in the au-
llun•izecl boundaries of anq federall administered component of ale
111160113 l wild and scenic rivers system elesignatcel in section a of this
Act or hereafter designated for inclusion in the system by Act of Con-
gress in authorized to transfer to the appropriate secretary jurisdic-