An Act to establish the Whiskeytown Shasta-Trinity National Recreation Area in the State of California, and for other purposes
PL 89-336 (H.R.797), enacted 11/08/1965

79 STAT.] 
PUBLIC LAW 89-336-NOV. 8, 1965 
1295 
Public Law 89-336 
AN ACT 
Establishment. 
November 8, 1965 
To establish the Whiskeytown-Shasta-Trinity National Recreation Area in the 
[H. R. 797] 
State of California, and for other purposes. 
Be it enacted hy the Senate and House of Representati'ves of the 
United States of America in Congress assembled^ That in order to pro- 
whiskeytown-
vide, in a manner coordinated with the other purposes of the Central N^tfonalRTc^ea-
Valley project, for the public outdoor recreation use and enjoyment tion Area, caiif. 
of the Wliiskeytown, Shasta, Clair Engle, and Lewiston reservoirs and 
---"-""' 
surrounding lands in the State of California by present and future 
generations and the conservation of scenic, scientific, historic, and 
other values contributing to public enjoyment of such lands and waters, 
there is hereby established, subject to valid existing rights, the Whis-
key 
town-Shasta-Trinity National Recreation Area in the State of 
California (hereinafter referred to as the "recreation area"). 
The 
boundaries of the recreation area, which consists of the Whiskeytown 
unit, the Shasta unit, and the Clair Engle-Lewiston unit, shall be 
those shown in drawing numbered BOR-WST 1004, dated July 196r3, 
entitled "Proposed Whiskeytown-Shasta-Trinity National Recreation 
Area", which is on file and available for public inspection in the office 
of the Director of the Bureau of Outdoor Recreation, Department of 
the Interior. 
The Whiskeytown unit shall be administered by the 
Secretary of the Interior; and the Shasta and Clair Engle-Lewiston 
units shall be administered by the Secretary of Agriculture, except 
that lands or waters needed or used for the operation of the Central 
Valley project shall continue to be administered by the Secretary of 
the Interior to the extent he determines to be required for such opera-
tion. The two Secretaries shall coordinate their planning and admin-
istration of the respective units in such manner as to provide inte-
grated management policies for the recreation area as a whole for the 
purposes of this Act in order to bring about uniformity to the fullest 
extent feasible in the administration and use of the recreation area. 
Administration. 
ACQUISITION or PROPERTY 
SEC. 2. (a) Within the boundaries of the portion of the recreation 
area under his jurisdiction and outside such boundaries when required 
for the construction or improvement of access roads thereto, each 
Secretary is authorized to acquire 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 
gurposes of this Act. In connection with any such acquisition, each 
ecretary 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 may deem appro-
priate. Any property or interest therein owned by the State of Call' 
f 
omia or any political subdivision thereof within the recreation area 
may be acquired under the authority of this Act only with the con-
currence of the owner. Notwithstanding any other provision of law, 
any Federal property located within the recreation area may, with the 
concurrence of the agency having custody thereof, be transferred with-
out consideration to the administrative jurisdiction of the appropriate 
Secretary for use by him in carrying out the purposes of this Act. 
The Secretary 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 such 
easements or other interests on either or both sides of Clear Creek 
1296 
PUBLIC LAW 89-336-NOV. 8, 1965 
[79 STAT. 
Mutual consulta-
tion. 
Acquisition of 
non-Federal prop-
erty. 
Noncommercial 
residency. 
"Improved 
property." 
between the south boundary of the Whiskeytown unit and the highway 
at Igo, California. 
The Secretary of Agriculture is authorized to acquire scenic ease-
ments or such other interests, including ownership of the land therein, 
as he determines to be appropriate to protect and assure the appear-
ance 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, township 36 north, range 7 west, on the 
northwesterly side of the Clair Engle-Lewiston unit: Provided^ That 
such easements or interests shall not be acquired without the consent 
of the owners 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 of Agriculture, con-
forms to the zoning standards set forth in regulations issued pursuant 
to subsection (e). 
The two Secretaries shall engage in mutual consultation with respect 
to such acquisition and to exchange transactions so as to promote uni-
form policies therefor insofar as practicable, taking into consideration 
the purposes of the recreation area as a whole, the responsibility of 
the Secretary of the Interior for the administration of federally owned 
minerals and of the Central Valley project, and the responsibility of 
the Secretary of Agriculture for the administration of national 
forests. 
(b) When the public interests will be benefited thereby, the Secre-
tary of the Interior and the Secretary of Agriculture are each author-
ized to accept title to any non-Federal property wdthin any part of 
the recreation area and in exchange therefor convey to the grantor of 
such property any federally owned property under his jurisdiction 
within the State of California which he classifies as suitable for 
exchange or other disposal, notwithstanding any other provision of 
The properties so exchanged shall be approximately equal in 
law. 
fair market value: Provided^ That the Secretary of the Interior or the 
Secretary 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 of Agriculture shall obtain 
the concurrence of the Secretary of the Interior with respect to the 
value of any mineral interests in any such exchange proposed to be 
made by the Secretary of Agriculture. 
(c) Any owner or owners of improved residential property on the 
date of its acquisition by either Secretary may, as a condition to such 
acquisition, 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, 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 in deter-
mining the value of the property being acquired. 
(d) Privately owned "improved property" or interests therein shall 
not be acquired under this Act without the consent of the owner 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 having jurisdiction of the unit 
wherein the property is located. The term "improved property" as 
used in this Act 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 owner-
ship on which the building or group of buildings is situated: Provided. 
79 STAT. ] 
PUBLIC LAW 89-336-NOV. 8, 1965 
1297 
That the respective Secretary may exclude from improved property 
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) Prior to the approval of any zoning ordinance for the pur- 2oi'in"Ve^'"ij^a°^ 
poses of this section, the Secretary of the Interior and the Secretary of tionT. 
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 consider to be consistent with 
the purposes of this Act; (2) promoting the protection and develop-
ment of properties for purposes of this Act by means of use, acreage, 
frontage, setback, density, height, or other requirements; and (3) 
providing that the appropriate Secretary 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 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 adop-
tion of the ordinance or amendment. 
Such approval shall remain 
effective for so long as such ordinance or amendment remains in 
effect as approved. 
(f) The suspension of the respective Secretary's authority to acquire 
any improved property without the owner's consent shall automati-
cally 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) Each Secretary shall furnish to any party in interest upon 
request a certificate indicating the property with respect to which 
the Secretary's authority to acquire without the owner's consent is 
suspended. 
(h) Within the Shasta and Clair Engle-Lewiston units any owner 
Property devei-
of unimproved property who proposes to develop his property or a °a^^"* certifi-
l)art thereof for service to the public may submit to the Secretary 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 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 Act, the Secretary of 
Agriculture may in his discretion issue to such Owner 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 there-
with, the authority of the Secretary of Agriculture to acquire such 
property or any interest therein without the consent of the owner shall 
be suspended. 
This subsection shall not apply to any property which 
the Secretary of Agriculture determines to be needed for easements 
and rights-of-way for access, utilities, or facilities, or for administra-
tive sites, campgrounds, or other areas needed for use by the United 
States for visitors to the national recreation area. 
ESTABI.ISHMENT OF U N I T S : BOUNDARY 
DESCRIPTIONS 
SEC. 3. (a) When the Secretary of Agriculture determines that Ffder^i''Rp°"sJer 
sufficient lands, waters, or interest therein are owned or have been ^ ^
"
^ 
'^'^ "' 
acquired by the United States within the boundaries of the Shasta 
unit or within the boundaries of the Clair Engle-Lewiston unit to 
Publication in 
Federal Register. 
1298 
PUBLIC LAW 89-336-NOV. 8, 1965 
[79 STAT. 
permit efficient initial development and administration for the pur-
poses of this Act, he shall publish in the Federal Register a notice to 
that effect and a detailed description of the boundaries of such unit. 
(b) "When the Secretary of the Interior determines that sufficient 
lands, waters, or interest therein are owned or have been acquired 
by the United States within the boundaries of the Whiskeytown unit 
to permit efficient initial development and administration for the 
purposes of this Act, he shall publish in the Federal Register a 
notice to that effect and a detailed description of the boundaries of 
the unit. 
(c) Following the publication of any such notice, the respective 
Secretaries may continue to acquire the remaining property within 
the recreation area. 
ADMINISTRATION : PRIORITIES 
SEC. 4. (a) Each Secretary is authorized and directed to admin-
ister the portion of the recreation area under his jurisdiction in a 
manner coordinated with the other purposes of the Central Valley 
project and with the purposes of the recreation area as a whole and in 
such manner as in his judgment will best provide for (1) public 
outdoor recreation benefits; (2) conservation of scenic, scientific, 
historic, and other values contributing to public enjoyment; and 
(3) such management, utilization, and disposal of renewable natural 
resources as in the judgment of the respective Secretary w^ill promote 
or is compatible with, and does not significantly impair, public 
recreation and conservation of scenic, scientific, historic, or other 
values contributing to public enjoyment. 
Such administration shall 
be carried out under land and water use management plans which 
each Secretary shall prepare and may from time to time revise in 
consultation with the other. 
(b) In the administration of the portion of the recreation area, under 
his jurisdiction— 
(1) the Secretary of Agriculture shall utilize statutory author-
ities relating to the national forests in such manner as he deems 
appropriate to carry out the purposes of this Act; and 
(2) the Secretary of the Interior may utilize such statutory 
authorities relating to areas of the national park system and such 
statutory authority otherwise available to him for the conserva-
tion and development of natural resources as he deems appro-
priate to carry out the purposes of this Act. 
HUNTING AND FISHING 
SEC. 5. Each Secretary shall permit hunting and fishing on lands 
and waters under his jurisdiction within the recreation area in 
accordance with the applicable laws of the State of California and of 
the United States: Provided^ That each Secretary may designate 
zones where, and establish periods when, no hunting or fishing shall 
be j>ermitted for reasons of public safety, administration, or public use 
and enjoyment not compatible with hunting or fishing. Regulations 
prescribing any such restrictions shall be issued after consultation 
with the California Department of Fish and Game. 
MINERAL DEVELOPMENT 
SEC. 6. The lands within the recreation area, subject to valid exist-
ing rights, are hereby withdrawn from location, entry, and patent 
under the United States mining laws. The Secretary of the Interior, 
under such regulations as he deems appropriate, may permit the 
removal of the nonleasable minerals from lands or interests in lands 
Disposal of re-
ceipts. 
79 STAT. ] 
PUBLIC LAW 89-336-NOV. 8, 1965 
1299 
under his jurisdiction within the recreation area in the manner pre-
scribed by section 10 of the Act of August 4,1939, as amended (53 Stat. 
1196; 43 U.S.C. 387), and from those under the jurisdiction of the 
Secretary of Agriculture within the recreation area in accordance with 
the provisions of section 3 of the Act of September 1, 1949 (63 Stat. 
683; 30 U.S.C. 192c), and he may permit the removal of leasable 
minerals from lands or interests in lands within the recreation area 
in accordance with the Mineral leasing Act of February 25, 1920, 
as amended (30 U.S.C. 181 et seq.), or the Acquired Lands Mineral 
^i stat. 437. 
leasing Act of August 7, 1947 (30 U.S.C. 351 et seq.), if he finds 
^i stat. 913. 
that such disposition would not have significant adverse effects on 
the purposes of the Central Valley project or the administration of 
the recreation area: Provided^ That any lease or permit respecting 
such minerals in lands administered by the Secretary of Agriculture 
shall be issued only wnth his consent and subject to such conditions 
as he may prescribe. 
All receipts derived from permits and leases issued under the author-
ity of this section on lands administered by the Secretary of Agricul-
ture shall be paid into the same funds or accounts in the Treasury 
of the United States and shall be distributed in the same manner as 
provided for other receipts from the lands affected by the lease or 
permit, except that any receipts derived from permits or leases issued 
on those or other lands in the recreation area under the Mineral Leas-
ing Act of February 25, 1920, as amended, or the Act of August 7, 
1947, shall be disposed of as provided in the applicable Act; and 
receipts from the disposition of nonleasable minerals from public 
lands under the jurisdiction of the Secretary of the Interior shall be 
disposed of in the same manner as moneys received from the sale of 
public lands. 
STATE JURISDICTION 
SEC. 7. Nothing in this Act shall deprive any State or political 
subdivision thereof of its right to exercise civil and criminal jurisdic-
tion within the recreation area or of its right to tax persons, corpora-
tions, franchises, or property, including mineral or other interests, 
in or on lands or waters within the recreation area. 
ADDITIONS TO THE SHASTA AND TRINITY NATIONAL FORESTS 
SEC. 8. The exterior boundaries of the Shasta National Forest in 
the State of California are hereby extended to include the lands 
described in the Act of March 19, 1948 (62 Stat. 83), and sections 22 
and 27, township 35 north, range 1 west, Mount Diablo base and 
meridian. 
The exterior boundaries of the Trinity National Forest 
in the State of California are hereby extended to include all of sections 
4, 5, and 8, the east half and the northwest quarter of section 6, the 
east half of section 7, the northwest quarter of section 17, and the 
northeast quarter of section 18, township 33 north, range 8 west, Mount 
Diablo base and meridian. Subject to any valid claim or entry now 
existing and hereafter legally maintained, all public lands of the 
United States and all lands of the United States heretofore or here-
after acquired or reserved for use in connection with the Shasta, Clair 
Engle, or Lewiston Reservoirs of the Central Valley project within 
the exterior boundaries of the Shasta and Trinity National Forests 
which have not heretofore been added to and made a part of such 
forests, and all lands of the United States acquired for the purposes 
of the recreation area in the Shasta or Clair Engle-Lewiston units are 
hereby added to and made a part of the respective national forests 
within which they are situated: Provided, That lands within the flow 
1300 
PUBLIC LAW 89-337-NOV. 8, 1965 
[79 STAT. 
Disposal of 
revenues. 
Appropri ation. 
lines of any reservoir operated and maintained by the Department of 
the Interior or otherwise needed or used for the operation of the Cen-
tral Valley j)roject shall continue to be administered by the Secretary 
of the Interior to the extent he determines to be required for such 
operation. 
SEC. 9. Revenues and fees obtained by the United States from 
operation of the national recreation area shall be subject to the same 
statutory provisions concerning the disposition thereof as are similar 
revenues collected in areas of the national park system except that 
fees and revenues obtained from mineral development and from 
activities under other public land laws within the recreation area 
shall be disposed of in accordance with the provisions of the appli-
cable laws. 
SEC. 10. There are hereby authorized to be appropriated for the 
acquisition of lands and interests in land pursuant to the provisions 
of this Act not more than $21,600,000. There are also authorized to be 
appropriated not more than $22,700,000 for the development of recrea-
tion facilities pursuant to the provisions of this Act. 
Approved November 8, 1965. 
November 8, 1965 
[S. 2679] 
Public Law 89-337 
AN ACT 
To amend tJie Watershed Protection and Flood Prevention Act, as amended. 
Watersheds. 
Floodwater ca-
pacity, increase. 
70 Stat. 1088. 
16 u s e 1002. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assennbled^ That section 2 of the 
Watershed Protection and Flood Prevention Act (68 Stat. 666), as 
amended, is amended by striking out "more than five thousand acre-
feet of floodwater detention capacity" and inserting in lieu thereof 
**more than twelve thousand five hundred acre-feet of 
floodwater 
detention capacity". 
Approved November 8, 1965. 
November 8, 1965 
[H. R. 7475] 
Public Law 89-338 
AN ACT 
To name the authorized lock and dam numbered 6 on the Arkansas River in 
Arkansas and the lake created thereby for David D. Terry. 
David D. Terry 
lock and dam; 
David D. Terry 
Lake. 
Designation. 
Be it enacted ty the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That lock and dam 
numbered 6, Arkansas, a feature of the Arkansas Eiver navigation 
project, authorized to be constructed by the River and Harbor Act of 
July 24, 1946 (60 Stat. 641, 647), shall be known and designated 
hereafter as the David D. Terry lock and dam, and the lake created 
thereby as the David D. Terry Lake. Any law, regulation, map, 
document, record, or other paper of the United States in which such 
lock and dam and lake are referred to shall be held to refer to such 
lock and dam as the David D. Terry lock and dam, and the lake as the 
David D. Terry Lake. 
Approved ^fovember 8, 1965.