---
kind: "section"
citation: "16 U.S.C. § 460q–1"
title: "16"
title_heading: "Conservation"
number: "460q–1"
heading: "Acquisition of property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460q-1"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXXV — Whiskeytown-Shasta-Trinity National Recreation Area"
---

# §460q–1. Acquisition of property

- (a) **Authority of Secretary concerned; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of appropriate Secretary; limitation of acquisition of easements during existence of zoning ordinance; uniform policy considerations—** Within the boundaries of the portion of the recreation [area](/usc/16/539m–1.md?p=1-A) under his jurisdiction and outside such boundaries when required for the construction or improvement of access roads thereto, each [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) lands, waters, or other property, or any interest therein, in such manner, including exchange as hereinafter provided, as he considers to be in the public interest to carry out the purposes of this subchapter. In connection with any such [acquisition](/usc/16/620e.md?p=1), each [Secretary](/usc/16/410r–5.md?p=c-1) may permit the grantor a reservation of all or any part of the minerals or of any other interest or right of use in such lands or waters on such terms and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) may deem appropriate. Any property or interest therein owned by the [State](/usc/16/590q.md?p=a) of California or any political [subdivision](/usc/16/539m–1.md?p=15) thereof within the recreation [area](/usc/16/539m–1.md?p=1-A) may be acquired under the authority of this subchapter only with the concurrence of the [owner](/usc/16/429b–3.md?p=4). Notwithstanding any other provision of law, any Federal property located within the recreation [area](/usc/16/539m–1.md?p=1-A) may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the appropriate [Secretary](/usc/16/410r–5.md?p=c-1) for use by him in carrying out the purposes of this subchapter.

  The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, in order to assure public access to Clear Creek and to provide hiking and horseback riding trails for the public, may, as he deems necessary for these purposes [acquire](/usc/16/620e.md?p=1) such easements or other interests on either or both sides of Clear Creek between the south boundary of the Whiskeytown [unit](/usc/16/430f–7.md?p=4) and the highway at Igo, California.

  The [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture is authorized to [acquire](/usc/16/620e.md?p=1) scenic easements or such other interests, including ownership of the land therein, as he determines to be appropriate to protect and assure the appearance of a strip of land not to exceed six hundred and sixty feet on each side of the centerline of Federal Aid Secondary Highway Numbered 1089 between the points where said highway crosses the south line of sections 19 and 20, township 35 north, range 8 west, and where it crosses the south line of [section 18](/usc/16/18.md), township 36 north, range 7 west, on the northwesterly side of the Clair Engle-Lewiston [unit](/usc/16/430f–7.md?p=4): Provided, That such easements or interests shall not be acquired without the consent of the [owners](/usc/16/429b–3.md?p=4) so long as the appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid, zoning ordinance that, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, conforms to the zoning standards set forth in regulations issued pursuant to [subsection (e)](#e).

  The two [Secretaries](/usc/16/410r–5.md?p=c-1) shall engage in mutual consultation with respect to such [acquisition](/usc/16/620e.md?p=1) and to exchange transactions so as to promote uniform policies therefor insofar as practicable, [taking](/usc/16/3102.md?p=18) into consideration the purposes of the recreation [area](/usc/16/539m–1.md?p=1-A) as a whole, the responsibility of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior for the administration of federally owned minerals and of the Central Valley [project](/usc/16/410r–5.md?p=c-4), and the responsibility of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture for the administration of national forests.

- (b) **Exchange of property; cash equalization payments; value of mineral interests—** When the public interests will be benefited thereby, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture are each authorized to accept title to any non-Federal property within any part of the recreation [area](/usc/16/539m–1.md?p=1-A) and in exchange therefor convey to the grantor of such property any federally owned property under his jurisdiction within the [State](/usc/16/590q.md?p=a) of California which he classifies as suitable for exchange or other disposal, notwithstanding any other provision of law. The properties so exchanged shall be approximately equal in fair market value: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior or the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, as the case may be, may accept cash from or pay cash to the grantor in such exchange in order to equalize the value of the properties exchanged. The [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture shall obtain the concurrence of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior with respect to the value of any mineral interests in any such exchange proposed to be made by the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture.
- (c) **Reservation of use and occupancy of improved property for noncommercial residential purposes; term; valuation—** Any [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of improved residential property on the date of its [acquisition](/usc/16/620e.md?p=1) by either [Secretary](/usc/16/410r–5.md?p=c-1) may, as a condition to such [acquisition](/usc/16/620e.md?p=1), retain the right of use and occupancy of the property by himself and members of his immediate family for noncommercial residential purposes for a term ending at the death of such [owner](/usc/16/429b–3.md?p=4), the death of his spouse, or the day his last surviving child reaches the age of thirty, whichever is the latest. The value of the right retained shall be taken into consideration by the respective [Secretary](/usc/16/410r–5.md?p=c-1) in determining the value of the property being acquired.
- (d) **Limitation of acquisition of improved property during existence of zoning ordinance; “improved property” defined—** Privately owned “[improved property](/usc/16/251h.md?p=2)” or interests therein shall not be acquired under this subchapter without the consent of the [owner](/usc/16/429b–3.md?p=4) so long as an appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid, zoning ordinance that is approved by the [Secretary](/usc/16/410r–5.md?p=c-1) having jurisdiction of the [unit](/usc/16/430f–7.md?p=4) wherein the property is located. The term “[improved property](/usc/16/251h.md?p=2)” as used in this subchapter shall mean any building or group of related buildings the actual construction of which was begun before February 7, 1963, together with not more than three acres of the land in the same ownership on which the building or group of buildings is situated: Provided, That the respective [Secretary](/usc/16/410r–5.md?p=c-1) may exclude from [improved property](/usc/16/251h.md?p=2) any shore or waters, together with so much of the land adjoining such shore or waters as he deems necessary for public access thereto.
- (e) **Zoning regulations; amendments; standards for ordinances; commercial or industrial use prohibition; use, acreage, frontage, setback, density, height, or other requirements; notice of variances; approval of ordinances—** Prior to the approval of any zoning ordinance for the purposes of this section, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture shall jointly issue regulations, which may be amended from time to time, specifying standards for such zoning ordinances. Standards specified in such regulations shall have the object of (1) prohibiting new commercial or industrial uses, other than commercial or industrial uses which the [Secretaries](/usc/16/410r–5.md?p=c-1) consider to be consistent with the purposes of this subchapter; (2) promoting the protection and development of properties for purposes of this subchapter by means of use, acreage, frontage, setback, density, height, or other requirements; and (3) providing that the appropriate [Secretary](/usc/16/410r–5.md?p=c-1) shall receive notice of any variance granted under, or any exception made to, the application of the zoning ordinance. Following issuance of such regulations, each [Secretary](/usc/16/410r–5.md?p=c-1) shall approve any zoning ordinance or any amendment to an approved zoning ordinance submitted to him that conforms to the standards contained in the regulations in effect at the time of adoption of the ordinance or amendment. Such approval shall remain effective for so long as such ordinance or amendment remains in effect as approved.
- (f) **Termination of suspension of authority for acquisition without owner’s consent because of nonconforming variances and uses—** The suspension of the respective [Secretary](/usc/16/410r–5.md?p=c-1)’s authority to [acquire](/usc/16/620e.md?p=1) any [improved property](/usc/16/251h.md?p=2) without the [owner](/usc/16/429b–3.md?p=4)’s consent shall automatically cease if (1) such property is made the subject of a variance or exception to any applicable zoning ordinance that does not conform to any applicable standard contained in regulations issued pursuant to this section; or (2) if such property is put to any use which does not conform to any applicable zoning ordinance.
- (g) **Certificate of suspension of authority for acquisition without owner’s consent—** Each [Secretary](/usc/16/410r–5.md?p=c-1) shall furnish to any party in interest upon request a certificate indicating the property with respect to which the [Secretary](/usc/16/410r–5.md?p=c-1)’s authority to [acquire](/usc/16/620e.md?p=1) without the [owner](/usc/16/429b–3.md?p=4)’s consent is suspended.
- (h) **Development plans; certification of Secretary of Agriculture; suspension of authority for acquisition without owner’s consent; exception—** Within the Shasta and Clair Engle-Lewiston [units](/usc/16/430f–7.md?p=4) any [owner](/usc/16/429b–3.md?p=4) of unimproved property who proposes to develop his property or a part thereof for service to the public may submit to the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture a development plan which shall set forth the manner in which and the time by which the property is to be developed 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 the development and use of the property in the manner prescribed conforms to a zoning ordinance approved in accordance with the provisions of this section and that such use and development would serve the purposes of this subchapter, the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture may in his discretion issue to such [owner](/usc/16/429b–3.md?p=4) a certificate to that effect. Upon the issuance of any such certificate and so long as such property is developed, maintained, and used in conformity therewith, the authority of the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture to [acquire](/usc/16/620e.md?p=1) such property or any interest therein without the consent of the [owner](/usc/16/429b–3.md?p=4) shall be suspended. This subsection shall not apply to any property which the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture determines to be needed for easements and rights-of-way for access, utilities, or facilities, or for administrative sites, campgrounds, or other [areas](/usc/16/539m–1.md?p=1-A) needed for use by the United States for visitors to the national recreation [area](/usc/16/539m–1.md?p=1-A).

## Source credit

(Pub. L. 89–336, § 2, Nov. 8, 1965, 79 Stat. 1295.)