16 U.S.C. § 79j — Authorization of appropriations

Page 65 TITLE 16—CONSERVATION § 79j 1 See References in Text note below. grantor by exchange for any federally owned property under the jurisdiction of the Bureau of Land Management in California, except property needed for public use and management, which he classifies as suitable for exchange or other dis- posal, or any federally owned property he may designate within the Northern Redwood Pur- chase Unit in Del Norte County, California, ex- cept that section known and designated as the Yurok Experimental Forest, consisting of ap- proximately nine hundred and thirty-five acres. Such federally owned property shall also be available for use by the Secretary in lieu of, or together with, cash in payment of just com- pensation for any real property taken pursuant to section 79c(b) of this title. The values of the properties so exchanged either shall be approxi- mately equal or, if they are not approximately equal, the value shall be equalized by the pay- ment of cash to the grantor or to the Secretary as the circumstances require. Through the exer- cise of his exchange authority, the Secretary shall, to the extent possible, minimize economic dislocation and the disruption of the grantor’s commercial operations. (Pub. L. 90–545, § 5, Oct. 2, 1968, 82 Stat. 933.) § 79f. Transfer of property from Federal agency to administrative jurisdiction of Secretary Notwithstanding any other provision of law, any Federal property located within any of the areas described in sections 79b and 79c of this title may, with the concurrence of the head of the agency having custody thereof, be trans- ferred without consideration to the administra- tive jurisdiction of the Secretary for use by him in carrying out the provisions of this sub- chapter. (Pub. L. 90–545, § 6, Oct. 2, 1968, 82 Stat. 934.) § 79g. Contract authorization within prescribed cost limits; installments: duration, interest; provisions for payment of judgments and compromise settlements applicable to judg- ments against United States (a) Notwithstanding any other provision of law, the Secretary shall have the same author- ity with respect to contracts for the acquisition of land and interests in land for the purposes of this subchapter as was given the Secretary of the Treasury for other land acquisitions by sec- tion 3171 of title 40, and the Secretary and the owner of land to be acquired under this sub- chapter may agree that the purchase price will be paid in periodic installments over a period that does not exceed ten years, with interest on the unpaid balance thereof at a rate which is not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to matu- rity comparable to the average maturities on the installments. (b) Judgments against the United States, in- cluding final partial judgments and compromise settlements of claims referred to the Attorney General for defense of suits against the United States, for amounts in excess of the deposit in court in actions under section 79c of this title shall be paid in accordance with the provisions of section 1304 of title 31, and section 2414 of title 28. Final partial judgments and compromise set- tlements are payable only after certification by the Attorney General to the Comptroller Gen- eral that it is in the interest of the United States to do so. (Pub. L. 90–545, § 7, Oct. 2, 1968, 82 Stat. 934; Pub. L. 99–151, title II, § 203, Nov. 13, 1985, 99 Stat. 807.) Editorial Notes CODIFICATION ‘‘Section 3171 of title 40’’ substituted in subsec. (a) for ‘‘section 34 of the Act of May 30, 1908 (35 Stat. 545; 40 U.S.C. 261)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 1985—Subsec. (b). Pub. L. 99–151, in amending subsec. (b) generally, inserted provisions relating to final par- tial judgments and compromise settlements, sub- stituted reference to actions under section 79c of this title for reference to condemnation actions, and deleted reference to section 2517 of title 28. § 79h. Memorial groves named for benefactors The present practice of the California Depart- ment of Parks and Recreation of maintaining memorial groves of redwood trees named for benefactors of the State redwood parks shall be continued by the Secretary in the Redwood Na- tional Park. (Pub. L. 90–545, § 8, Oct. 2, 1968, 82 Stat. 934.) § 79i. Administration The Secretary shall administer the Redwood National Park in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535, 16 U.S.C. 1–4),1 as amended and supplemented. (Pub. L. 90–545, § 9, Oct. 2, 1968, 82 Stat. 934.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535, 16 U.S.C. 1–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. § 79j. Authorization of appropriations There are hereby authorized to be appro- priated $92,000,000 for land acquisition to carry out the provisions of this subchapter. (Pub. L. 90–545, § 10, Oct. 2, 1968, 82 Stat. 934.) Page 66 TITLE 16—CONSERVATION § 79k § 79k. Mitigation of adverse economic impacts to local economy resulting from additional lands; analysis of Federal actions necessary or desirable; consultations and consider- ations by Secretaries concerned; reports to Congress; implementation of programs; fund- ing requirements (a) The Secretary, in consultation with the Secretaries of Agriculture, Commerce, and Labor, shall conduct an analysis of appropriate Federal actions that may be necessary or desir- able to mitigate any adverse economic impacts to public and private segments of the local econ- omy, other than the owners of properties taken by this Act, as a result of the addition of prop- erty to Redwood National Park under sections 79b and 79c of this title. The Secretaries shall also consider the benefits of making grants or entering into contracts or cooperative agree- ments with the State of California or Del Norte and Humboldt Counties as provided by sub- section (b) for the purpose of development and implementation of a program of forest resource improvement and utilization, including, but not limited to, reforestation, erosion control, and other forest land conservation measures, fish- eries and fish and wildlife habitat improve- ments, and wood energy facilities. Not later than January 1, 1979, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a report of his analysis, including his recommendations with respect to actions that should be taken to miti- gate any significant short-term and long-term adverse effects on the local economy caused by such addition. (b) The Secretary of Commerce and the Sec- retary of Labor, in consultation with the Sec- retary, and pursuant to his study, shall apply such existing programs as are necessary and ap- propriate to further mitigate identified employ- ment and other adverse economic impacts on public and private segments of the local econ- omy, other than with regard to the payment of just compensation to the owners of properties taken by this Act and by the Act of October 2, 1968 [16 U.S.C. 79a et seq.]. In addition to the land rehabilitation and employment provisions of this Act, which should have a substantial positive economic effect on the local economy, the Secretaries of Commerce and Labor are fur- ther authorized and directed to implement exist- ing authorities to establish employment pro- grams, pursuant to such grants, contracts and cooperative agreements with agencies of the Federal Executive, the State of California, any political or governmental subdivision thereof, any corporation, not-for-profit corporation, pri- vate entity or person, for the development and implementation of such programs, as, in the dis- cretion of the Secretaries of Commerce and Labor, may be necessary to provide employment opportunities to those individuals affected by this taking and to contribute to the economic revival of Del Norte and Humboldt Counties, in northern California. Effective on October 1, 1978, there are authorized such sums as may be nec- essary to carry out the employment and eco- nomic mitigation provisions of this Act: Pro- vided, That the authority to make payments under this section shall be effective only to such extent or in such amounts as are provided in ad- vance in appropriation Acts. (Pub. L. 95–250, title I, § 102(a), (b), Mar. 27, 1978, 92 Stat. 166, 167.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, which, insofar as classified to the Code, enacted sections 79c–1 and 79k to 79q of this title, amended former section 1a–1 and sections 79b and 79c of this title, and enacted provisions set out and for- merly set out as notes under this section. For complete classification of this Act to the Code, see Tables. Sections 79b and 79c of this title, referred to in sub- sec. (a), was in the original ‘‘the first section of this Act’’, meaning section 101 of Pub. L. 95–250. Provisions of section 101 relating to the addition of property to Redwood National Park are classified to sections 79b and 79c of this title. Act of October 2, 1968, referred to in subsec. (b), is Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which is classi- fied generally to this subchapter. For complete classi- fication of this Act to the Code, see Tables. CODIFICATION Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter. Statutory Notes and Related Subsidiaries STUDY OF TIMBER HARVEST SCHEDULING ALTERNATIVES FOR SIX RIVERS NATIONAL FOREST; SCOPE; REPORT TO CONGRESS Pub. L. 95–250, title I, § 102(c), Mar. 27, 1978, 92 Stat. 167, directed Secretary of Agriculture, within one year after Mar. 27, 1978, to prepare and transmit to Congress a study of timber harvest scheduling alternatives for Six Rivers National Forest, which alternatives were to exclude timber inventories standing on units of Wilder- ness Preservation System at time of study and were to be consistent with laws applicable to management of national forests. REFERENCE TO SECRETARY AS REFERENCE TO SEC- RETARY OF DEPARTMENT OF THE INTERIOR; EXCEP- TION Pub. L. 95–250, title I, § 109, Mar. 27, 1978, 92 Stat. 172, provided that: ‘‘Unless otherwise indicated herein- before, a reference to the Secretary will refer to the Secretary of the Department of the Interior, except in subsections 103(d) through 103(i) [section 79l(d) to (i) of this title], where a reference to the Secretary will refer to the Secretary of the Department of Labor.’’ § 79l. Employment of personnel for rehabilita- tion, protection, and improvements of addi- tional lands (a) Appointment and compensation of personnel for implementation of protection and en- hancement programs In order to utilize the skills of individuals presently working in the woods and in the mills to the greatest degree possible to both ease the personal economic effects of this taking, and to assist in the necessary rehabilitation, protec- tion, and improvement of lands acquired by this Act through implementation of sound rehabili- tation and land use practices, the Secretary shall have power to appoint and fix the com- pensation of seven full-time and thirty-one tem- porary personnel to assist in carrying out such