Page:United States Statutes at Large Volume 92 Part 3.djvu/853

 PUBLIC LAW 95-625—NOV. 10, 1978

92 STAT. 3485

than one and nine-tenths acres. Notwithstanding any other provision of this Act, the Secretary shall not acquire the Marin County Assessor's parcels numbered 199-181-01, 199-181-06, 199-181-08, 199-181-13, and 199-181-14, located in the Muir Beach portion of the recreation area.". New (b) Section 3(i) of such Act is amended to read as follows: "(i) New construction and development within the boundaries construction, described in section 2(a) on lands under the administrative jurisdic- limitation. tion of a department other than that of the Secretary is prohibited, 16 USC 460bb-2. except that improvements on lands which have not been transferred Ante, p. 3484. to his administrative jurisdiction may be reconstructed or demolished. Any such structure which is demolished may be replaced with Notice and public an improvement of similar size, following consultation with the hearing. Secretary or his designated representative, who shall conduct a public hearing at a location in the general vicinity of the area, notice of which shall be given at least one week prior to the date thereof. The Exception. foregoing limitation on construction and development shall not apply to expansion of those facilities known as Letterman General Hospital or the Western Medical Institute of Kesearch.". Use and (c) Subsection 3(j) of such Act is amended to read as follows: "(j) The owner of improved residential property or of agricultural occupancy right, property on the date of its acquisition by the Secretary under this Act retention. may, as a condition of such acquisition, retain for himself and his or her heirs and assigns a right of use and occupancy for a definite term of not more than twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or the death of his or her spouse, whichever is later. The owner shall elect the term to be reserved. Unless the property is wholly or partly donated to the United States, Payment. the Secretary shall pay to the owner the fair market value of the property on the date of acquisition minus the fair market value on that date of the right retained by the owner. A right retained Termination and pursuant to this section shall be subject to termination by the Secre- notification. tary upon his or her determination that it is being exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law upon the Secretary's notifying the holder of the right of such determination and tendering to him or her an amount equal to the fair market value of that portion of the right which remains unexpired. Where appropriate in the discretion of the Federally-owned Secretary, he or she may lease federally owned land (or any interest land, lease. therein) which has been acquired by the Secretary under this Act, and which was agricultural land prior to its acquisition. Such lease shall be subject to such restrictive covenants as may be necessary to carry out the purposes of this Act. Any land to be leased by the Secretary under this section shall be offered first for such lease to the person who owned such land or who was a leaseholder thereon immediately before its acquisition by the United States.". (d) In subsection 3(k) of such Act, following "June 1, 1971." "Agricultural insert "or, in the case of areas added by action of the Ninety-fifth property." Congress, October 1, 1978,"; and at the end of the subsection, add the following new sentence: "The term 'agricultural property' as used in this Act means lands which are in regular use for agricultural, ranching, or dairying purposes as of January 1, 1978, together with residential and other structures related to the above uses of the property as such structures exist on said date." (e) Section 3 of such Act is amended by adding the following at the end thereof:

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