WSP05168 - Laserfiche WebLink

Home Browse Search

. . . I') Neither the Seeretary of the Interior nor the Secretary of .\l1ri- .uTture may acquire lands tiy condemno.tion, for the purpose of includ- in~ suth lands In any national wild, 9Cenic or recreational river area, if such lands are located within any incorporated city, yillage, or horou~h which has in force and applicable to such lands a duly adopted, valid zoning ordinance that conforms with the purposes of Ihis AeL In order to carry out the ,P,rovisions of this sub_tion the nppropriate Secretary shall i..ue gUIdelines, specif)'ing stAndards for local zonin/! ordinances. which are consistent with the purpooes of this _\ct. The standard. specified in such guidelines sholl heve the object nl (A) prohihitin~ nell' commercial or industrial U!=oeS other than com- mere-i. I or industrial uses which aN' eonsistent with the purp<:l'5eS of Ihis Act, and (B) the protection of the bank lands by means of ""re- age, fronta.~, And setba('k rf'fJuirements on development. Id) The appropriate Secretary is authorized to accept title to non- Fede....1 property within the authorized boundaries of any federally ndministered cOnl{>Onent of the national wild and scenic rh"ers s.fstem I\..il"'ated in sectIon 3 of this Act or hereafler designated for mclu- ,ion in the system by Act of Congress and, in exchan!!" tI,erefor, con- ,"ey to the grantor any federally owned property whIch is under his jurisdiction wilhin Ihe State in which the component lies and which he classifies as suihble for ezehanl!\! or other disposaL The \'Rlues of tlle properties so exchanged eilher shall be approximately equsl or, if Ihey "re not approximstely equal, shall be equalized by the pa)'menl of cash to the grantor or to the ~f'Cretary as the circumstances require. Ie) 'rhe head of any Federal depsrtmentor ~ncy ha,'ing admillis- trath.e jurisdiction over any lands or interests In land within the RU- thorized boundsries of any federally adminislered component of the IlntionAI wild and scenic fIVers system designated in section a of this Act or hereafter designated for inclusion in the system by Act of Con- Kress in authorized to tran~fp.r to the appropriate secretary ;uri~Jic:. tion over such land. for administration in accordance with the provi- .ions of this AcL Lands acquired by or transferred lD the SecretAry of .\griculture for the purposes of ~i~ !>-d. within or adjacent to ~ nA- lional forest shaU upon such acqUIsItion or transfer become national forest lands. , (f) The appropriate secreta~is authorized to accept donat!olls of lands and inlerests in land, fun and other property for use III con- " nlCtion with his administration 0 the national wild and scenic rivers aystom. (g) (1) Any o,,'ner or O\<ners (hereinafter in this RUbsection referred to ns .'owner') of improved p~perty on the date. of its Il;~quisition, may ..etain for thrmseh.es Rnd thrlr succe...ozsors or ItS!ul,'llS R nf!ht of use alld occupancy of the if'!'lpt1werl property for nOIl("ommerClal resi~E'nt.iRI purposes for n detinue term not to es:eeed twenty-five yeaf"llJ 01., U1 heu thereof, for lI. term elldin~ nt the death of the owner, or the denth of hi~ .pOllse. or the death of eilher or both of Ihem, TIle Ol\'lIer shall elect the term to be !""lerved, The Appropriole Seeretary shall pa)' 10 the ?~er the foir markel value of the property on the w.t" of such acqUIsItion less the fAir morkel value Oil such date of the right retained by the OWller. , (2) A t1Vhl, of use and '!Ccup"ney retained pursuant, ~o this subser- R1sht.r ".. tlon shaJl be subject toO teMnJnatJon whenever the appropriate Sec:ret.n.ry ..nd OOCllUplI.n::l1. is J!iven rf'S\sonnble- ('nu~ to find thnt such U~ and occupancy is bein~ exercised in It DlRnner which C"onfticts wilh 1he pur~s of this Act. In the evenl of such. finding, the Secretory shalll.nder to the holder of that ri,l!ht an Amounl O<)u.1 to the fair morket vAlne of that portion of .he riJ!ht which ",mnins unexpired on thE' dnte of "termination. Such riRht of use or occupAncv shnll terminate by opera.tion of law upon tender of the fair markot price, " A- 8