16 U.S.C. § 544h — Interim management

Page 1030 TITLE 16—CONSERVATION § 544h 1 So in original. No par. (2) has been enacted. ‘‘(2) If the counties wherein special management areas are located provide the Forest Service adminis- trator of the Columbia River Gorge National Scenic Area lists of the names and addresses of landowners within the special management areas as of September 1, 2000, the Forest Service shall send to such names and addresses by certified first class mail notice of the pro- visions contained in the amendments made by sub- sections (a) and (b); ‘‘(A) The mailing shall occur within twenty work- ing days of the receipt of the list; and ‘‘(B) The mailing shall constitute constructive no- tice to landowners, and proof of receipt by the ad- dressee shall not be required.’’ CONVEYANCE OF LANDS BETWEEN SKAMANIA COUNTY AND THE UNITED STATES Pub. L. 105–277, div. A, § 101(e) [title III, § 341], Oct. 21, 1998, 112 Stat. 2681–231, 2681–296, provided that: ‘‘Upon the condition that Skamania County conveys title acceptable to the Secretary of Agriculture to all right, title and interest in lands identified on a map dated September 29, 1998 entitled ‘Skamania County Lands to be Transferred’, such lands being located on Table Mountain lying within the Columbia River Gorge National Scenic Area, there is hereby conveyed to Skamania County, notwithstanding any other provi- sion of law, the Wind River Nursery Site lands and fa- cilities and all interests therein, except for the corridor of the Pacific Crest National Scenic Trail, as depicted on a map dated September 29, 1998, entitled ‘Wind River Conveyance’, which is on file and available for public inspection in the Office of the Chief, USDA Forest Service, Washington, D.C. ‘‘The conveyance of lands to Skamania County shall become automatically effective upon a determination by the Secretary that Skamania County has conveyed acceptable title to the United States to the Skamania County lands. Lands conveyed to the United States shall become part of the Gifford Pinchot National For- est and shall have the status of lands acquired under the Act of March 1, 1911, (commonly called the Weeks Act) [see Short Title note set out under section 552 of this title] and shall be managed in accordance with the laws and regulations applicable to the National Forest System.’’ LAND EXCHANGES Pub. L. 105–83, title III, § 336, Nov. 14, 1997, 111 Stat. 1602, provided that: ‘‘To facilitate priority land ex- changes through which the United States will receive land within the White Salmon Wild and Scenic River boundaries and within the Columbia River Gorge Na- tional Scenic Area, the Secretary of Agriculture may, until September 30, 2000, accept title to such lands deemed appropriate by the Secretary within the States of Oregon and Washington, regardless of the State in which the transferred lands are located, following ex- isting exchange authorities.’’ WIND RIVER NURSERY Pub. L. 105–83, title III, § 340, Nov. 14, 1997, 111 Stat. 1603, provided that: ‘‘(a) The Secretary of Agriculture is authorized and directed to negotiate with Skamania County for the ex- change of lands or interests in lands constituting the Wind River Nursery Site within the Gifford Pinchot National Forest, Washington. ‘‘(b) In return for the Nursery Site properties, Skamania County is authorized and directed to nego- tiate with the Forest Service the conveyance of ap- proximately 120 acres of high biodiversity, special man- agement lands located near Table Mountain within the Columbia River Gorge National Scenic Area, title to which must be acceptable to the Secretary of Agri- culture. ‘‘(c) Before this exchange can occur, it must be of equal value and the Secretary and the Skamania Coun- ty Board of Commissioners must agree on the exact parcels of land to be included in the exchange. An agreement signed by the Secretary of Agriculture and the Skamania County Board of Commissioners describ- ing the properties involved and a certification that the exchange is of equal value must be completed no later than September 30, 1999. ‘‘(d) During this two-year negotiating period, the Wind River Nursery property shall not be conveyed to another party. The Forest Service shall maintain the site in a tenantable condition. ‘‘(e) Except as provided herein, the exchange shall be for equal value in accordance with land exchange au- thorities applicable to the National Forest System. ‘‘(f) The Secretary is directed to equalize values by not only cash and exchange of lands, easements, res- ervations, and other interests in lands, but also by full value credit for such services as Skamania County pro- vides to the Gifford Pinchot and Columbia River Gorge National Scenic Area and as the Secretary and Skamania County deem appropriate. The Secretary may accept services in lieu of cash when the Secretary can discern cash value for the services and when the Secretary determines such services would provide di- rect benefits to lands and resources and users of such lands and resources under the jurisdiction of the Sec- retary. ‘‘(g) Any cash equalization which Skamania County elects to make may be made up to 50 percent of the fair market value of the Federal property, and such cash equalization may be made in installments over a period not to exceed 25 years. Payments received as partial consideration shall be deposited into the fund in the Treasury established under the Act of December 4, 1967 [16 U.S.C. 484a], commonly known as the Sisk Act, and shall be available for expenditure as provided in the Act except that the Secretary may not use those funds to purchase lands within Skamania County. ‘‘(h) In defining the Federal estate to be conveyed, the Secretary may require such additional terms and conditions as deemed necessary in connection with as- suring equal value and public interest considerations in this exchange including, but not limited to, continued research use of the Wind River Experimental Forest and protection of natural, cultural, and historic re- sources, existing administrative sites, and a scenic cor- ridor for the Pacific Crest National Scenic Trail. ‘‘(i) This authorization is predicated on Skamania County’s Board of Commissioners commitment to give foremost consideration to preservation of the overall integrity of the site and conservation of the edu- cational and research potential of the site, including providing for access to and assurance of the continued administration and operation of forestry research on the adjacent Thornton Munger Research Natural Area. ‘‘(j) The Secretary is further directed to cooperate with Skamania County to address applicable Federal and State environmental laws. ‘‘(k) Notwithstanding the processes involved with the National Environmental Policy Act [of 1969, 42 U.S.C. 4321 et seq.] and the State Environmental Policy Act, should the Secretary of Agriculture and the Skamania County Board of Commissioners fail to reach an agree- ment on an equal value exchange defined under the terms of this legislation by September 30, 1999, the Wind River Nursery Site shall remain under Forest Service ownership and be maintained by the Forest Service in a tenantable condition.’’ § 544h. Interim management (a) Interim guidelines (1) 1 Within one hundred eighty days after No- vember 17, 1986, the Secretary shall develop in- terim guidelines for the scenic area outside urban areas to identify land use activities which are inconsistent with sections 544 to 544p of this title and to govern the authority to acquire land Page 1031 TITLE 16—CONSERVATION § 544i without the consent of the owner provided by subsection (b) of this section. The Secretary shall promptly notify the public of adoption of the interim guidelines and transmit the guide- lines to each county. Guidelines adopted by the Secretary pursuant to this subsection shall re- main in effect for each county until the Sec- retary has developed guidelines for the special management areas pursuant to section 544f of this title and the land use ordinances prescribed by section 544e of this title are in effect. (b) Interim acquisition authority and injunctive relief Prior to the concurrence by the Secretary of land use ordinances prescribed by section 544f of this title and the approval by the Commission of land use ordinances prescribed by section 544e of this title, the following authorities are granted: (1) The Secretary may acquire by condemna- tion any land or interest which is being used or threatened to be used in a manner incon- sistent with the purposes for which the scenic area was established and which will cause or is likely to cause impacts adversely affecting the scenic, cultural, recreation, and natural re- sources of the scenic area: Provided, That no lands or interests therein can be acquired by condemnation pursuant to this section if used in the same manner and for the same purposes as used on November 17, 1986, unless such land is used for or interest is in the development of sand, gravel, or crushed rock, or the disposal of refuse: Provided further, That within thirty days of the filing by the Secretary of a com- plaint for condemnation of any land or inter- est in the scenic area, outside of the special management areas and urban areas, the Com- mission, by a vote of two-thirds of its member- ship including a majority of the members ap- pointed from each State, or if the Commission is not in existence the Governor of the State in which the land or interest is located, may disapprove such proposed complaint. (2) Upon or after the commencement of any action for condemnation pursuant to this sub- section, the Secretary, acting through the At- torney General of the United States, may apply to the appropriate United States Dis- trict Court for a temporary restraining order or injunction to prohibit the use of any prop- erty within the scenic area, but outside of urban areas, which will cause or is likely to cause impacts adversely affecting the scenic, cultural, recreation and natural resources of the scenic area or is otherwise inconsistent with the purposes for which the scenic area was established. During the period of such order or injunction, the Secretary shall dili- gently and in good faith negotiate with the owner of the property to assure that, following termination of the order or injunction, the in- consistent use is abated or the adverse effect is mitigated. (c) Review of development action Prior to the effective date of a land use ordi- nance for each county pursuant to section 544e of this title, and concurrence of the Secretary on a land use ordinance for each county pursu- ant to section 544f of this title, the Commission shall review all proposals for major development actions and new residential development in such county in the scenic area, except urban areas. The Commission shall allow major development actions and new residential development only if it determines that such development is con- sistent with the standards contained in section 544d of this title and the purposes of sections 544 to 544p of this title. (Pub. L. 99–663, § 10, Nov. 17, 1986, 100 Stat. 4291.) Editorial Notes CODIFICATION November 17, 1986, referred to in subsec. (b)(1), was in the original ‘‘the effective date of this Act’’, which was translated as being the date of enactment of Pub. L. 99–663. § 544i. Economic development (a) Economic development plan Based on the Economic Opportunity Study and other appropriate information, each State, in consultation with the counties and the Commis- sion, shall develop a plan for economic develop- ment projects for which grants under this sec- tion may be used in a manner consistent with sections 544 to 544p of this title. (b) Funds provided to States for grants Upon certification of the management plan, and receipt of a plan referred to in subsection (a) of this section, the Secretary shall provide $5,000,000 to each State which each State shall use to make grants and loans for economic de- velopment projects that further the purposes of sections 544 to 544p of this title. (c) Conditions of grants Each State making grants under this section shall require as a condition of a grant that— (1) all activities undertaken under the grant are certified by the Commission as being con- sistent with the purposes of sections 544 to 544p of this title, the management plan, and land use ordinances adopted pursuant to sec- tions 544 to 544p of this title; (2) grants and loans are not used to relocate a business from one community to another; (3) grants and loans are not used for program administration; and (4) grants and loans are used only in coun- ties which have in effect land use ordinances found consistent by the Commission and con- curred on by the Secretary pursuant to section 544f of this title. (d) Report Each State shall— (1) prepare and provide the Secretary with an annual report to the Secretary on the use of the funds made available under this section; (2) make available to the Secretary and to the Commission, upon request, all accounts, financial records, and other information re- lated to grants and loans made available pur- suant to this section; and (3) as loans are repaid, make additional grants and loans with the money made avail- able for obligation by such repayments. (Pub. L. 99–663, § 11, Nov. 17, 1986, 100 Stat. 4292.)