16 U.S.C. § 544g — Land acquisition

Page 1027 TITLE 16—CONSERVATION § 544g consideration. Should the Secretary fail to con- cur within sixty days, the ordinance shall be deemed effective. (5) Within one hundred twenty days after re- ceipt of notification of non-concurrence, the Commission shall— (A) revise and resubmit the land use ordi- nance to the Secretary; or (B) by a vote of two-thirds of its member- ship, including a majority of the members ap- pointed from each State, reject the suggested modifications of the Secretary and adopt a land use ordinance consistent with the provi- sions of this section and the purposes of sec- tions 544 to 544p of this title. (m) Subsequent compliance In the event the Commission has adopted an ordinance pursuant to this section, the affected county may thereafter, upon written notice to the Commission and to the Secretary, elect to adopt a special management area land use ordi- nance, in which event it shall comply with the provisions of this section for adoption of special management area land use ordinances. Upon concurrence of such land use ordinances by the Secretary they shall supersede any special man- agement area land use ordinances for the county development by the Commission, subject to valid existing rights. (n) Effect of Secretary’s non-concurrence If the Secretary does not concur in any land use ordinance approved or adopted by the Com- mission pursuant to this section, the avail- ability of certain funds to the relevant county shall be governed by section 544n(c) of this title. (o) Special rules (1) In general Any ordinance adopted pursuant to this sec- tion shall not apply to any parcel or parcels of land within a special management area if, after the date such ordinance has been adopt- ed, three years have elapsed after a landowner has made a bona fide offer to sell at fair mar- ket value or otherwise convey such parcel or parcels to the Secretary, unless the affected landowner agrees to an extension of the three year period: Provided, That an offer shall not be considered bona fide if the landowner re- fuses consideration equal to the fair market value as appraised in accordance with section 544g(e) of this title. Lands for which an ordi- nance is suspended pursuant to this subsection shall be subject to the relevant scenic area land use ordinance adopted pursuant to sec- tion 544e of this title. (2) Applicability This subsection shall not apply to any land offered to the Secretary for acquisition after March 31, 2001. (Pub. L. 99–663, § 8, Nov. 17, 1986, 100 Stat. 4283; Pub. L. 106–291, title III, § 346(b), Oct. 11, 2000, 114 Stat. 999.) Editorial Notes AMENDMENTS 2000—Subsec. (o). Pub. L. 106–291 designated existing provisions as par. (1), inserted par. heading, substituted ‘‘section 544g(e) of this title.’’ for ‘‘the Uniform Ap- praisal Standards for Federal Land Acquisitions (Inter- agency Land Acquisition Conference, 1973).’’ in first sentence, and added par. (2). Statutory Notes and Related Subsidiaries ADMINISTRATION, OPERATION, AND MAINTENANCE OF PIERCE NATIONAL WILDLIFE REFUGE AND LITTLE WHITE SALMON NATIONAL FISH HATCHERY Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 418, pro- vided in part that: ‘‘Notwithstanding the provisions of Public Law 99–663 [enacting sections 544 to 544p of this title and amending sections 1274 and 1276 of this title], which established the Columbia River Gorge National Scenic Area, the Pierce National Wildlife Refuge and the Little White Salmon National Fish Hatchery shall continue to be administered, operated and maintained in accordance with the provisions of the National Wild- life Refuge System Administration Act [16 U.S.C. 668dd, 668ee], Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], and Fish and Wildlife Act of 1956 [16 U.S.C. 742a et seq.] by the U.S. Fish and Wildlife Service.’’ § 544g. Land acquisition (a) Acquisition authorized (1) The Secretary is authorized to acquire any lands or interests therein within the special management areas and the Dodson/Warrendale Special Purchase Unit which the Secretary de- termines are needed to achieve the purposes of sections 544 to 544p of this title: Provided, That any lands, waters, or interests therein owned by either State or any political subdivision thereof may be acquired only by donation or exchange. (2) Lands within the State of Oregon acquired by the Secretary pursuant to sections 544 to 544p of this title shall become part of the Mount Hood National Forest. Lands within the State of Washington acquired by the Secretary pursuant to this section shall become part of the Gifford Pinchot National Forest. All lands acquired by the Secretary pursuant to sections 544 to 544p of this title shall be subject to the laws and regula- tions pertaining to the National Forest System and sections 544 to 544p of this title. (b) Limitations on eminent domain (1) Where authorized in subsection (a) of this section to acquire land or interests therein without the consent of the owner, the Secretary shall— (A) acquire only such land or interests there- in as is reasonably necessary to accomplish the purposes of sections 544 to 544p of this title; and (B) do so only in cases where all reasonable efforts to acquire with the consent of the owner such lands, or interests therein, have failed. (2) Notwithstanding the provisions of sub- section (a) of this section, the Secretary may not acquire without the consent of the owner lands or interests therein which— (A) on November 17, 1986, were used pri- marily for educational, religious, or charitable purposes, single-family residential purposes, farming, or grazing so long as the existing character of that use is not substantially changed or permitted for change; (B) are located in counties with land use or- dinances in which the Secretary has concurred Page 1028 TITLE 16—CONSERVATION § 544g pursuant to section 544f of this title, unless such lands are being used, or are in imminent danger of being used, in a manner incompat- ible with such ordinances; (C) are within the boundaries of the Dodson/ Warrendale Special Purchase Unit; or (D) are owned by an Indian tribe, held in trust by the United States for an Indian tribe or member of an Indian tribe, or otherwise ad- ministered by the United States for the ben- efit of an Indian tribe or member of an Indian tribe. (c) Hardship cases In exercising authority to acquire lands pursu- ant to this section the Secretary shall give prompt and careful consideration to any offer made by any person or entity owning any land, or interest in land, within the boundaries of a special management area. In considering such offer, the Secretary shall take into consider- ation any hardship to the owner which might re- sult from any undue delay in acquiring the prop- erty. (d) Land exchanges (1) The Secretary is authorized and directed, in conformance with the provisions of this sub- section, to acquire by exchange any parcel of unimproved forest land at least forty acres in size within the boundaries of the special man- agement areas which is owned by any private forest land owner if, after November 17, 1986, but within one hundred and eighty days after final adoption of the management plan, such private forest land owner offers to the United States such parcel of forest land. (2) In exercising this authority to acquire for- est lands pursuant to this subsection, the Sec- retary may accept title to such lands and con- vey to the owner federally owned lands deemed appropriate by the Secretary within the States of Oregon and Washington, regardless of the State in which the transferred lands are located. Forest lands exchanged pursuant to this sub- section shall be of approximately equal value: Provided, That the Secretary may accept cash from or pay cash to the grantor in such an ex- change in order to equalize minor differences in the values of the properties exchanged: Provided further, That the Secretary may reserve in any conveyance pursuant to this subsection such easements, subsurface rights, and any other in- terests in land deemed necessary or desirable: Provided further, That the valuation of lands ex- changed shall be determined in terms of forest uses for timber. (3) It is the intention of Congress that land ex- changes pursuant to this subsection shall be completed no later than five years after Novem- ber 17, 1986. (4) In the event that exchanges authorized by this section leave any private forest land owner with ownership of an uneconomic remnant of forest land contiguous to a special management area, the Secretary is authorized to acquire such forest lands as if they were within the bound- aries of a special management area. (5) The following-described Federal lands and interests therein are hereby identified as can- didate lands for exchanges conducted pursuant to this section: Provided, That the determina- tion of which candidate lands will be exchanged, and in what sequence, shall be at the discretion of the Secretary. Subject to valid existing rights, such lands are hereby withdrawn from all forms of entry or appropriation or disposal under the public land laws, and from location, entry, and patent under the United States min- ing law, and from disposition under all laws per- taining to mineral and geothermal leasing and all amendments thereto until the Secretary de- termines such lands are no longer needed to complete exchanges authorized by this section: Provided, That such period shall not extend be- yond five years: GIFFORD PINCHOT NATIONAL FOREST Wind River-Panther Creek Area Section Township Range 35 4N 7E 36 4N 7E Approx. 430 acres. South Swift Area Section Township Range 13 6N 5E 23 6N 5E 17 6N 6E 18 6N 6E Approx. 1,920 acres. National Area Section Township Range 6 14N 7E 7 14N 7E 18 14N 7E 30 14N 7E Approx. 2,560 acres. Buck Creek-Willard Area Section Township Range 16 3N 9E 1 4N 9E 2 4N 9E 3 4N 9E 10 4N 9E 11 4N 9E 12 4N 9E 15 4N 9E 21 4N 9E 22 4N 9E 26 4N 9E 27 4N 9E 28 4N 9E 29 4N 9E 30 4N 9E 31 4N 9E 32 4N 9E 33 4N 9E 34 4N 9E 35 4N 9E 6 4N 10E 7 4N 10E 5 5N 10E 6 5N 10E 7 5N 10E 8 5N 10E 9 5N 10E 30 5N 10E 31 5N 10E 32 5N 10E Approx. 14,460 acres. SIUSLAW NATIONAL FOREST East Beaver Area Section Township Range 33 2S 9W 34 2S 9W 2 3S 9W 3 3S 9W 4 3S 9W 8 3S 9W 9 3S 9W 17 3S 9W Approx. 3,053 acres. Page 1029 TITLE 16—CONSERVATION § 544g WILLAMETTE NATIONAL FOREST Ida-McCoy Area Section Township Range 21 10S 6E 28 10S 6E Approx. 680 acres. MOUNT HOOD NATIONAL FOREST Estacada Area Section Township Range 15 4S 5E Approx. 560 acres. Hood River Area Section Township Range 4 1N 9E 36 1N 10E 31 1N 11E 2 1S 9E 3 1S 9E 4 1S 9E 5 1S 9E 6 1S 9E Approx. 5,800 acres. Zig-Zag Area Section Township Range 22 2S 7E 29 2S 7E Approx. 280 acres. Total acreage: 29,743. (e) Appraisals (1) Definition of landowner In this subsection, the term ‘‘landowner’’ means the owner of legal or equitable title as of September 1, 2000. (2) Appraisal standards Except as provided in paragraph (3), land ac- quired or conveyed by purchase or exchange under this section shall be appraised in con- formity with the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Special management areas (A) Before April 1, 2001 Land within a special management area for which the landowner, before April 1, 2001, makes a written bona fide offer to convey to the Secretary for fair market value shall be appraised— (i) without regard to the effect of any zoning or land use restriction made in re- sponse to sections 544 to 544p of this title; but (ii) subject to any other current zoning or land use restriction imposed by the State or locality in which the land is lo- cated on the date of the offer. (B) On or after April 1, 2001 Land within a special management area for which the landowner, on or after April 1, 2001, makes a written bona fide offer to con- vey to the Secretary for fair market value shall be appraised subject to— (i) any zoning or land use restriction made in response to sections 544 to 544p of this title; and (ii) any other current zoning or land use restriction that applies to the land on the date of the offer. (f) Authorization for certain land exchanges (1) In general To facilitate priority land exchanges through which land within the boundaries of the White Salmon Wild and Scenic River or within the scenic area is conveyed to the United States, the Secretary may accept title to such land as the Secretary determines to be appropriate within the States, regardless of the State in which the land conveyed by the Secretary in exchange is located, in accord- ance with land exchange authorities available to the Secretary under applicable law. (2) Special rule for land certain exchanges Notwithstanding any other provision of law— (A) any exchange described in paragraph (1) for which an agreement to initiate has been executed as of September 30, 2000, shall continue; and (B) any timber stumpage proceeds col- lected under the exchange shall be retained by the Forest Service to complete the ex- change. (g) Boundaries For the purposes of sections 100506(c) and 200306 of title 54, the boundaries of the scenic area, including special management areas and the Dodson/Warrendale Special Purchase Unit shall be treated as if they were within the boundaries of the Mount Hood or Gifford Pin- chot National Forests as of January 1, 1965. (Pub. L. 99–663, § 9, Nov. 17, 1986, 100 Stat. 4287; Pub. L. 104–66, title I, § 1011(n), Dec. 21, 1995, 109 Stat. 710; Pub. L. 106–291, title III, § 346(a), Oct. 11, 2000, 114 Stat. 999.) Editorial Notes CODIFICATION In subsec. (g), ‘‘sections 100506(c) and 200306 of title 54’’ substituted for ‘‘section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–9) [sic]’’ on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. AMENDMENTS 2000—Subsecs. (e) to (g). Pub. L. 106–291 added subsecs. (e) and (f) and redesignated former subsec. (e) as (g). 1995—Subsec. (d)(3). Pub. L. 104–66 struck out provi- sion at end requiring Secretary to report to Congress on status of negotiations with owners of non-Federal lands regarding land exchanges. Statutory Notes and Related Subsidiaries PUBLICATION OF NOTICE Pub. L. 106–291, title III, § 346(c), Oct. 11, 2000, 114 Stat. 1000, provided that: ‘‘(1) Not later than November 1, 2000, the Secretary of Agriculture shall provide notice of the provisions con- tained in the amendments made by subsections (a) and (b) [amending this section and section 544f of this title] through— ‘‘(A) publication of a notice in the Federal Register and in newspapers of general circulation in the coun- ties in the Columbia River Gorge National Scenic Area; and ‘‘(B) posting of a notice in each facility of the United States Postal Service located in those coun- ties. 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