16 U.S.C. § 79b

Park area

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(a) Boundaries; maps; maximum acreage(1) The Redwood National Park consists of the land generally depicted on the map entitled “Redwood National Park, Revised Boundary”, numbered 167/60502, and dated February, 2003.(2) The map referred to in paragraph (1) shall be—(A) on file and available for public inspection in the appropriate offices of the National Park Service; and(B) provided by the Secretary of the Interior to the appropriate officers of Del Norte and Humboldt Counties, California.(3) The Secretary; 11 So in original. The semicolon probably should not appear. of the Interior (hereinafter referred to as the “Secretary”) may from time to time, with a view to carrying out the purpose of this subchapter and with particular attention to minimizing siltation of the streams, damage to the timber, and assuring the preservation of the scenery within the boundaries of the national park as depicted on said maps, modify said boundaries, giving notice of any changes involved therein by publication of a revised drawing or boundary description in the Federal Register and by filing said revision with the officers with whom the original maps were filed, but the acreage within said park shall at no time exceed 133,000 acres, exclusive of submerged lands and publicly owned highways and roads.(b) Highways and roads

The Secretary is authorized to acquire all or part of existing publicly owned highways and roads within the boundaries of the park as he may deem necessary for park purposes. Until such highways and roads have been acquired, the Secretary may cooperate with appropriate State and local officials in patroling 22 So in original. Probably should be “patrolling”. and maintaining such roads and highways.

Within the area outside the boundaries of Redwood National Park indicated as the “Park Protection Zone” on the map entitled “Proposed Additions, Redwood National Park, California”, numbered 167–80005–D and dated March 1978, the Secretary is authorized to acquire lands and interests in land: Provided, That lands may be acquired from a willing seller or upon a finding by the Secretary that failure to acquire all or a portion of such lands could result in physical damage to park resources and following notice to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the House of Representatives. Any lands so acquired shall be managed in a manner which will maximize the protection of the resources of Redwood National Park, and in accordance with the Act of October 21, 1976 (90 Stat. 2743) [43 U.S.C. 1701 et seq.]. Acquisition of a parcel of land under the authority of this subsection shall not as a result of such acquisition diminish the right of owners of adjacent lands to the peaceful use and enjoyment of their land and shall not confer authority upon the Secretary to acquire additional lands except as provided in this subsection.

(Pub. L. 90–545, § 2, Oct. 2, 1968, 82 Stat. 931; Pub. L. 95–250, title I, § 101(a)(1), (2), Mar. 27, 1978, 92 Stat. 163; Pub. L. 103–437, § 6(d)(7), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 109–131, title III, § 302, Dec. 20, 2005, 119 Stat. 2569.)Editorial NotesReferences in Text

Act of October 21, 1976 (90 Stat. 2743), referred to in subsec. (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

Amendments

2005—Subsec. (a). Pub. L. 109–131 designated existing provisions of first sentence as par. (1), in par. (1) substituted “The Redwood National Park consists of the land generally depicted on the map entitled ‘Redwood National Park, Revised Boundary’, numbered 167/60502, and dated February, 2003.” for “The area to be included within the Redwood National Park is that generally depicted on the maps entitled ‘Redwood National Park,’ numbered NPS–RED–7114–A and NPS–RED–7114–B, and dated September 1968, and the area indicated as ‘Proposed Additions’ on the map entitled ‘Additional Lands, Redwood National Park, California,’ numbered 167–80005–D and dated March 1978, copies of which maps shall be kept available for public inspection in the offices of the National Park Service, Department of the Interior, and shall be filed with appropriate officers of Del Norte and Humboldt Counties.”, added par. (2), designated existing provisions of second sentence as par. (3), and in par. (3) substituted “The Secretary;” for “The Secretary” and “133,000 acres” for “one hundred and six thousand acres”.

1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.

1978—Subsec. (a). Pub. L. 95–250, § 101(a)(1), (2), inserted “and the area indicated as ‘Proposed Additions’ on the map entitled ‘Additional Lands, Redwood National Park, California’, numbered 167–80005–D and dated March 1978,” after “and dated September 1968,” and substituted “one hundred and six thousand acres, exclusive of submerged lands and publicly owned highways and roads” for “fifty-eight thousand acres, exclusive of submerged lands”.

Subsec. (b). Pub. L. 95–250, § 101(a)(2), struck out “by donation only” after “The Secretary is authorized to acquire”.

Subsec. (c). Pub. L. 95–250, § 101(a)(2), added subsec. (c).

Notes of Decisions

Cited in 6 cases, 1975–1985 · leading case: William F. Lanning v. Honorable Ray Marshall, Sec'y of Labor, 650 F.2d 1055 (9th Cir. 1981).

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William F. Lanning v. Honorable Ray Marshall, Sec'y of Labor, 650 F.2d 1055 (9th Cir. 1981). “Lanning appeals a determination by the Secretary of Labor denying weekly layoff benefits available to displaced forest industry workers under the Redwood National Park Expansion Act of 1978 (Redwood Act) 16 U.S.C. § 79b. 1 The decision followed a hearing before an Administrative…”

Sierra Club v. Dep't of the Interior, 398 F. Supp. 284 (N.D. Cal. 1975). · cites it 2× “§ 79c(e); that such action shall include, if reasonably necessary, modification of the boundaries of the Park, as authorized in 16 U.S.C. § 79b (a); and that such action shall include, if reasonably necessary, resort to the Congress for a determination whether further…”

Pvm Redwood Co., Inc. v. United States, 686 F.2d 1327 (9th Cir. 1982). “163 , 16 U.S.C. § 79b et seq., caused a taking of its property by the United States for which it is entitled to compensation under the Fifth Amendment of the United States Constitution.”

Don S. Noble v. Honorable Ray Marshall, Sec'y of Labor, 650 F.2d 1058 (9th Cir. 1981). “POOLE, Circuit Judge: The Secretary of Labor issued a decision which held that in calculating layoff benefits under § 207(a) of the Redwood National Park Expansion Act of 1978 (Act), 16 U.S.C. § 79b, 1 appellant, Don S. Noble’s base period of eligibility would be that period…”

Norris, 215 Ct. Cl. 961 (Ct. Cl. 1977). “The payment to the timber company was not the injury to the plaintiff; rather, it was the taking of the land under the Redwood National Park Act without the payment of compensation to him or to the decedent.”

Comm. of 100 on the Fed. City v. Hodel, 777 F.2d 711 (D.C. Cir. 1985). “§ 45a (1982) (revising boundaries of Sequoia National Park); 16 U.S.C. § 79b (1982) (setting boundaries of Redwood National Park).”

— 16 U.S.C. § 79b(a) — 2 cases

Sierra Club v. Dep't of the Interior, 398 F. Supp. 284 (N.D. Cal. 1975). “§ 79c(e); that such action shall include, if reasonably necessary, modification of the boundaries of the Park, as authorized in 16 U.S.C. § 79b (a); and that such action shall include, if reasonably necessary, resort to the Congress for a determination whether further…”

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