---
kind: "range"
citation: "16 U.S.C. §§ 251e–251m"
title: "16"
from: "251e"
to: "251m"
count: 9
release: "119-102"
url: "https://uscodex.org/usc/16/251e..251m"
---

# §251e. Boundary revision


The boundaries of Olympic [National Park](/usc/16/410hhh–1.md?p=5) as established by sections [251](/usc/16/251.md) and [252 to 255](/usc/16/252..255.md) of this title, and as revised by proclamation pursuant to said sections and by or pursuant to [section 251a of this title](/usc/16/251a.md), and [sections 251b to 251d](/usc/16/251b..251d.md) of this title, are hereby revised to include the lands, privately owned aquatic lands, and interests therein within the boundaries depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Boundary [Map](/usc/16/430f–7.md?p=1), Olympic [National Park](/usc/16/410hhh–1.md?p=5), Washington,” numbered 149–80–001–B, and dated January 1976, which shall be on file and available for public inspection in the office of the [National Park](/usc/16/410hhh–1.md?p=5) Service, Department of the Interior.


# §251f. Consultation by Secretary with Governor, local officials, and affected landowners; notice to Congressional committees; publication in Federal Register


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) shall, beginning within thirty days after October 21, 1976, consult with the Governor of the [State](/usc/16/6456.md?p=2) of Washington, the [Board](/usc/16/1447a.md?p=1) of [Commissioners](/usc/16/3601.md?p=3) of Clallam County, and the affected landowners, and shall locate a boundary encompassing all of the shoreline of Lake Ozette, including privately owned aquatic lands not within the boundary of the [park](/usc/16/410r–5.md?p=c-3) on October 21, 1976: Provided, That such boundary shall be located not less than two hundred feet set back from the ordinary high-water mark of Lake Ozette: Provided further, That the privately owned lands encompassed within the [park](/usc/16/410r–5.md?p=c-3) by such boundary shall not exceed one thousand five hundred acres. The [Secretary](/usc/16/410r–5.md?p=c-1) shall, within one hundred and eighty days after October 21, 1976, and following reasonable notice in writing to the [Committees](/usc/16/941b.md?p=1) on Interior and Insular Affairs of the Senate and House of [Representatives](/usc/16/5609.md?p=13) of his intention to do so, publish in the Federal Register a detailed description of the boundary located pursuant to this section. Upon such publication the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to revise the [map](/usc/16/430f–7.md?p=1) on file pursuant to [section 251e of this title](/usc/16/251e.md) accordingly, and such revised [map](/usc/16/430f–7.md?p=1) shall have the same force and effect as if included in [sections 251e to 251m](/usc/16/251e..251m.md) of this title.


# §251g. Land acquisition; study and investigation of use of private lands; transmittal to President and Congress; transfer of lands to Secretary of Agriculture; excluded property within Indian reservation; continuation of concession contracts; termination of concession contracts and purchase of possessory interest; Indian hunting and fishing rights


Notwithstanding any other provision of law, within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) as revised by and pursuant to [sections 251e to 251m](/usc/16/251e..251m.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) lands, privately owned aquatic lands, and interests therein by donation, purchase with donated or appropriated [funds](/usc/16/1421h.md?p=2), exchange, or transfer from any Federal agency. Property so acquired shall become part of Olympic [National Park](/usc/16/410hhh–1.md?p=5) and shall be administered by the [Secretary](/usc/16/410r–5.md?p=c-1) subject to the laws and regulations applicable to such [park](/usc/16/410r–5.md?p=c-3). The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized and directed to exclude from the boundaries of the [park](/usc/16/410r–5.md?p=c-3) such [private lands](/usc/16/620e.md?p=6) and publicly owned and maintained roads within Grays Harbor County which are near and adjacent to Lake Quinault, and which do not exceed two thousand, one hundred and sixty-eight acres in total. Prior to excluding such lands from the [park](/usc/16/410r–5.md?p=c-3), the [Secretary](/usc/16/410r–5.md?p=c-1) shall study and investigate current and prospective [uses](/usc/16/410hhh–1.md?p=10) of the [private lands](/usc/16/620e.md?p=6), as well as the implications of their exclusion both for the lands involved and for Olympic [National Park](/usc/16/410hhh–1.md?p=5). The results of such study shall be transmitted to the President and to the Congress within two years of October 21, 1976, and shall take effect unless disapproved by simple majority vote of the House of [Representatives](/usc/16/5609.md?p=13) or the Senate of the United States of America within ninety legislative days of their submission to the Congress. Property excluded from the boundaries of the [park](/usc/16/410r–5.md?p=c-3) by [sections 251e to 251m](/usc/16/251e..251m.md) of this title may be exchanged for non-Federal property within the boundaries; or it may be transferred to the jurisdiction of any Federal agency or to the [State](/usc/16/6456.md?p=2) of Washington or a political [subdivision](/usc/16/539m–1.md?p=15) thereof, without monetary consideration, as the [Secretary](/usc/16/410r–5.md?p=c-1) may deem appropriate. Any such Federal property transferred to the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture for [national forest](/usc/16/5207.md?p=3) purposes shall upon such transfer become part of the [national forest](/usc/16/5207.md?p=3) and subject to the laws and regulations pertaining thereto. Any property excluded from the [park](/usc/16/410r–5.md?p=c-3) by [sections 251e to 251m](/usc/16/251e..251m.md) of this title which is within the boundaries of an Indian reservation may be transferred in [trust](/usc/16/450ss–1.md?p=4) to such Indian tribe, subject, however, to the express condition that any concessioner providing, public services shall be permitted to continue to provide such services in such manner and for such period as set forth in his concession contract, that the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to pay all franchise fees collected from the concessioner under the contract to said Indian Tribe, and that in the event his contract is terminated, the United States shall purchase his possessory interest in accordance with the Act of October 9, 1965 (79 Stat. 969).[^1] The [acquisition](/usc/16/620e.md?p=1) of lands by the United States in [trust](/usc/16/450ss–1.md?p=4) for an Indian tribe pursuant to [sections 251e to 251m](/usc/16/251e..251m.md) of this title shall not confer any hunting or [fishing](/usc/16/7901.md?p=b) rights upon such tribe which were not vested in such tribe prior to the [acquisition](/usc/16/620e.md?p=1) of such lands.


# §251h. Property retention rights; compensation at fair market value; “improved property” defined

- (1) Any [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of [improved property](#2) within the boundaries of the [park](/usc/16/410r–5.md?p=c-3), as revised by and pursuant to [sections 251e to 251m](/usc/16/251e..251m.md) of this title may, on the date of its [acquisition](/usc/16/620e.md?p=1), retain for themselves and their successors or assigns a right of use and occupancy of the property for such noncommercial residential purposes as existed on or before January 1, 1976, for twenty-five years, or, in lieu thereof, for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4) or his spouse, whichever is later. The [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the [fair market value](/usc/16/459b–1.md?p=e) of the property on the date of such [acquisition](/usc/16/620e.md?p=1), less the [fair market value](/usc/16/459b–1.md?p=e) on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4).
- (2) As used in [sections 251e to 251m](/usc/16/251e..251m.md) of this title, the term “improved property” shall mean any single-family dwelling on which construction was begun before January 1, 1976, together with so much of the land on which the dwelling is situated (such land being in the same ownership as the dwelling) as shall be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, as the [Secretary](/usc/16/410r–5.md?p=c-1) shall designate. The amount of the land so designated shall in every case be not more than three acres in [area](/usc/16/539m–1.md?p=1-A): Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may exclude from the land so designated any beach or water, together with so much of the land adjoining any such beach or water, as he may deem necessary for public access thereto.

# §251i. Land acquisition of privately owned land; report to Congress; condemnation proceedings; compensation


The [Secretary](/usc/16/410r–5.md?p=c-1) is directed to [acquire](/usc/16/620e.md?p=1) in fee all other privately owned lands added to the [park](/usc/16/410r–5.md?p=c-3) by and pursuant to [sections 251e to 251m](/usc/16/251e..251m.md) of this title, and to [acquire](/usc/16/620e.md?p=1) within three years of October 21, 1976, so much of such lands as can be acquired by donation, exchange, or purchase, to the extent of available [funds](/usc/16/1421h.md?p=2), and to report to Congress on the third anniversary of October 21, 1976, the estimated amount of appropriations which would be necessary to [acquire](/usc/16/620e.md?p=1) the remainder, if any, of such lands by condemnation. The compensation for such lands shall be their [fair market value](/usc/16/459b–1.md?p=e) on the date of their [acquisition](/usc/16/620e.md?p=1), taking into account applicable [land use](/usc/16/1453.md?p=10) regulations in effect on January 1, 1976.


# §251j. Property retention rights of landowners; use and occupancy improvements; plan to be submitted to Secretary; approval evidenced by issuance of permit and certificate; limitation on acquisition power of Secretary


Notwithstanding the provisions of [section 251i of this title](/usc/16/251i.md), any noncorporate [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4), as of January 1, 1976, of property adjacent to Lake Ozette may retain title to such property: Provided, That such [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) consent to [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) or[^1] scenic easements or other interests that allow only those improvements that the [Secretary](/usc/16/410r–5.md?p=c-1) finds to be reasonably necessary for continued use and occupancy. Any such [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) who elects to improve his property or a portion thereof shall submit to the [Secretary](/usc/16/410r–5.md?p=c-1) a plan which shall set forth the manner in which the property is to be improved and the use to which it is proposed to be put. If, upon review of such plan, the [Secretary](/usc/16/410r–5.md?p=c-1) determines that it is compatible with the limitations of this section, he in his discretion may issue a permit to such [owner](/usc/16/429b–3.md?p=4) and a certificate to that effect. Upon issuance of any such certificate and so long as such property is maintained and used in conformity therewith, the authority of the [Secretary](/usc/16/410r–5.md?p=c-1) to [acquire](/usc/16/620e.md?p=1) such property or interest therein without the consent of the [owner](/usc/16/429b–3.md?p=4) shall be suspended.


# §251k. Economic dislocation in land acquisition; exchange of lands; transfers of land within a national forest; concurrence of Secretary of Agriculture


In order to minimize economic dislocation in acquiring property within the [park](/usc/16/410r–5.md?p=c-3), the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) with the consent of the [owner](/usc/16/429b–3.md?p=4), lands and interests in lands outside the boundaries of the [park](/usc/16/410r–5.md?p=c-3), but within the [State](/usc/16/6456.md?p=2) of Washington, and with the concurrence of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, he may utilize lands and interests therein within a [national forest](/usc/16/5207.md?p=3) in the [State](/usc/16/6456.md?p=2) of Washington hereby authorized to be transferred to the [Secretary](/usc/16/410r–5.md?p=c-1), for the purpose of exchanging lands and interests so acquired or transferred for property within the [park](/usc/16/410r–5.md?p=c-3).


# §251l. Retrocession of lands to State; Quileute Indian Reservation jurisdiction; concurrent legislative jurisdiction with State


Effective upon acceptance thereof by the [State](/usc/16/6456.md?p=2) of Washington (1) the jurisdiction which the United States acquired over those lands excluded from the boundaries of Olympic [National Park](/usc/16/410hhh–1.md?p=5) by [section 251e of this title](/usc/16/251e.md) is hereby retroceded to the [State](/usc/16/6456.md?p=2): Provided, That the lands restored to the Quileute Indian Reservation shall be subject to the same [State](/usc/16/6456.md?p=2) and Tribal jurisdiction as all other [trust](/usc/16/450ss–1.md?p=4) lands within said Reservation; and (2) there is hereby retroceded to such [State](/usc/16/6456.md?p=2) concurrent legislative jurisdiction, as the Governor of the [State](/usc/16/6456.md?p=2) of Washington and the [Secretary](/usc/16/410r–5.md?p=c-1) shall determine, over and within all territory within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) as revised by [sections 251e to 251m](/usc/16/251e..251m.md) of this title.


# §251m. Authorization of appropriations


There is hereby authorized to be appropriated not to exceed $23,700,000 for the [acquisition](/usc/16/620e.md?p=1) of lands, privately owned aquatic lands, or interests therein in accordance with the provisions of [sections 251e to 251m](/usc/16/251e..251m.md) of this title. No [funds](/usc/16/1421h.md?p=2) authorized to be appropriated pursuant to [sections 251e to 251m](/usc/16/251e..251m.md) of this title shall be available prior to October 1, 1977.