Page:United States Statutes at Large Volume 92 Part 3.djvu/914

 92 STAT. 3546 Fair market value.

PUBLIC LAW 95-625—NOV. 10, 1978

the term to be reserved. Unless the property is wholly or partially donated, the Secretary shall pay to the owner the fair market value of the property on the date of its acquisition, less the fair market value Termination, of the property on that date of the r i g h t retained by the owner. A r i g h t notification. retained by the owner pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this title, and it shall terminate by operation of law upon notification by the Secretary to the holder of the right of such determination and tendering to him the amount equal to the fair market value of that portion which remains unexpired. Plan, submittal to SEC. 1103. (a) W i t h i n two years from the date of enactment of this congressional title, the Secretary shall submit, in writing, to the House Committee committees. on Interior and I n s u l a r Affairs, the Senate Committee on Energy and 16 USC Natural Resources and the Committees on Appropriations of the 460m-17. United States Congress, a detailed plan which shall indicate— (i) the lands and areas which he deems essential to the protection and public enjoyment of the natural, scenic, and historic values and objects of this national river; (ii) the lands which he has previously acquired by purchase, donation, exchange, or transfer for the purpose of this national river; (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing four fiscal year s; and (iv) the feasibility and suitability of including within the boundaries of the national river, the section of the New River from Fayetteville to Gauley Bridge, and reasons therefor. Zoning laws and SEC. 1104. The Secretary shall on his own initiative, or at the request ordinances, of any local government having jurisdiction over land located in or establishment adjacent to the Gorge area, assist and consult with the appropriate assistance. officials and employees of such local government in establishing zoning 16 USC laws or ordinances which will assist in achieving the purposes of this 460m-18. title. I n providing assistance pursuant to this section, the Secretary shall endeavor to obtain provisions in such zoning laws or ordinances which— (1) have the effect of restricting incompatible commercial and industrial use of all real property in or adjacent to the Gorge area; (2) aid in preserving the character of the Gorge area by appropriate restrictions on the use of real property in the vicinity, including, but not limited to, restrictions upon building and construction of all t y p e s; signs and billboards; the b u r n i n g of cover; cutting of t i m b e r; removal of topsoil, sand, or gravel; dumping, storage, or piling of refuse; or any other use which would detract from the esthetic character of the Gorge area; and (3) have the effect of providing that the Secretary shall receive advance notice of any hearing for the purpose of g r a n t i n g a variance and any variance granted under, and of any exception made to, the application of such law or ordinance. Mining, SEC. 1105. (a) Notwithstanding any other provision of law, no surprohibition and face mining of any kind shall be permitted on federally owned lands limitation. within the boundary of the national river where the subsurface estate 16 USC is not federally owned. Underground mining on such lands may be 460m-19. permitted by the Secretary only if— (1) the mining operation will have no significant adverse impact on the public use and enjoyment of the national r i v e r;

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