Legislative History - REDW - Redwood National and State Parks

National Park Service. 2023. Legislative History - REDW - Redwood National and State Parks. NPS LRD Lands Resources Division, PPFL Park Planning, Facilities and Lands Directorate

This docket contains legislative history documentation related to REDW National and State Parks including Source Summary and Scanned Legislation: https://landsnet.nps.gov/tractsnet/documents/REDW/Legislation/ AREA: REDWOOD NATIONAL PARK, CALIFORNIA AUTHORIZATION Act of October 2, 1968 (P.L. 90-545, 82 Stat. 931), as amended by the Act of March 27, 1978 (P.L. 95-250, 92 Stat. 163) ACQUISITION AUTHORITY Act of October 2, 1968, authorizes acquisition by donation, purchase with donated or appropriated funds, exchange or otherwise. Act of March 27, 1978, authorizes additional acquisition within the expanded park area. There is also separate acquisition authority within Section 2(c), 3(d), and 3(e) of the Act of October 2, 1968, as amended by the Act of March 27, 1978, for park protection and scenic screen purposes. Both Acts have specific findings and clearances that must be met in order to utilize these additional authorities. Act of December 20, 2005 (P.L. 109-131), revised the boundary to include approximately 26,400 acres of additional lands that have been acquired by the California Department of Parks and Recreation. ESTABLISHED October 2, 1968 *BOUNDARY REVISIONS Act of October 2, 1968, authorizes revision of boundary, as required, that is shown on Map #NPS-RED-7114A and 7114B. Act of March 27, 1978, expands park as shown on Map 167-80005-D dated March 1978. Act of December 20, 2005 (P.L. 109-131), revised the boundary to include approximately 26,400 acres of additional land generally depicted on the map entitled ‘Redwood National Park, Revised Boundary’, numbered 167/60502, and dated February 2003. July 18, 2023 (F.R. Vol. 88 No. 136 Page 45918). The boundary of Redwood National Park is revised to include four parcels of land totaling 91.6 acres, more or less, located in Humboldt County, California, immediately adjoining the boundaries of Redwood National Park. ACREAGE LIMITATIONS Act of October 2, 1968, authorizes acquisition of a total acreage within the park boundaries not to exceed 58,000 acres exclusive of submerged land and not more than 10 acres outside the boundary for administrative sites. Act of March 27, 1978, increased the acreage ceiling to 106,000 acres exclusive of submerged lands and publicly owned highways and roads. The acreage limitation is not applicable to acquisition of lands for scenic screen or park protection purposes as authorized by Sections 3(d), and 3(a) of the Act of October 2, 1968, or Subsection 2(c) of the Act of October 2, 1968, or added by the Act of March 27, 1978. Act of December 20, 2005 (P.L. 109-131), increased the acreage ceiling to 133,000 acres, subject to the same applicability criteria as noted above. STATUTORY CEILING FOR LAND ACQUISITION Act of October 2, 1968, authorizes an appropriation of $92,000,000. This authorization remains applicable to acquisition under Sections 3(d) and 3(a) of the Act of October 2, 1968. For the additional acreage acquired or authorized to be acquired by the Act of March 27, 1978, there are authorized to be appropriated such sums as may be necessary. REMARKS The prompt establishment of an on-the-ground boundary is critical to the proper implementation of this legislation. Final boundaries must be established by publication of a revised drawing or boundary description in the Federal Register and by filing said revision with the officer with whom the original maps were filed. Additional critical steps include establishing the use of haul roads, providing for prompt removal of sown timber, and establishing acquisition guidelines for the park protection zone. This latter step is required by Congress and is necessary to avoid excessive severance claims .Section 106 of the Act of March 27, 1978, amends the Payment in Lieu of Taxes provisions to the Act of October 20, 1976 (P.L. 94-565, 90 Stat. 2662), with regard to lands owned by the United States within Redwood National Park. The amended provision provides for payments which will equal 5 percent of the fair market value of the lands acquired and allows the payment to continue beyond the 5-year limitation. Act of November 13, 1985 (P.L. 99-151, 99 Stat. 807), authorizes the claims and judgments fund which is administered by GAO to pay final partial judgments and compromise settlements to settle claims resulting from the acquisition of lands for the park, but only after certification by the Attorney General to the Comptroller General that is in the best interest of the United States to do so. AREA NUMBERS MIS - 8480 *Denotes section revised Revised July 20, 2023

Type
Administrative
Authors
NPS LRD Lands Resources Division, PPFL Park Planning, Facilities and Lands Directorate
Date of Issue
2023-07-20
Publisher
National Park Service
Units
REDW
Keywords
Docket

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