§ 471i. — Pine Barrens Area, New Jersey.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC471i]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 471i. Pine Barrens Area, New Jersey
(a) Congressional findings
The Congress finds that--
(1) the Pinelands area in New Jersey, containing approximately
1,000,000 acres of pine-oak forest, extensive surface and ground
water resources of high quality, and a wide diversity of rare plant
and animal species, provides significant ecological, natural,
cultural, recreational, educational, agricultural, and public health
benefits;
(2) there is a national interest in protecting and preserving
these benefits for the residents of and visitors to the area;
(3) a primary responsibility for protecting and enhancing these
benefits resides with the State of New Jersey and the various local
units of government having jurisdiction over the area;
(4) in view of the longstanding Federal practice of assisting
the States in creating, protecting, preserving, and enhancing areas
of significant regional and urban importance, and in view of the
national significance of this resource, the Federal Government has
an interest in assisting the State of New Jersey and its local units
of government in fulfilling their responsibilities and in avoiding
adverse Federally approved or assisted impacts before these
responsibilities can be undertaken;
(5) the State of New Jersey and its local units of government
have authority to prevent or minimize adverse uses of the land and
water resources of the Pinelands area and can, to a great extent,
protect the health, safety, and general welfare by the use of such
authority; and
(6) there is a demonstrated need to protect, preserve and
enhance the land and water resources of the Pinelands area through a
new program which combines the capabilities and resources of the
local, State and Federal governments and the private sector and
provides an alternative to large-scale direct Federal acquisition
and management in cases where such acquisition and management is
inappropriate.
(b) Purposes
The purposes of this section are--
(1) to protect, preserve and enhance the significant values of
the land and water resources of the Pinelands area;
(2) to encourage and assist the State of New Jersey and its
units of local government in the development of a comprehensive
management plan for the Pinelands area in order to assure orderly
public and private development in the area consistent with the
findings of this section;
(3) to provide, during the development of this comprehensive
plan, Federal financial assistance for the acquisition of lands in
the Pinelands area that have critical ecological values which are in
immediate danger of being adversely affected or destroyed;
(4) to encourage and assist the State and its units of local
government in developing a governmental mechanism to implement this
comprehensive plan, and to provide Federal financial assistance for
the acquisition of lands consistent with the comprehensive plan;
(5) to encourage adequate coordination of all government
programs affecting the land and water resources of the Pinelands
area.
(c) Pinelands National Reserve and Federal Project Review Area;
establishment; map, availability
There is hereby established the Pinelands National Reserve which
shall consist of the approximately 1,000,000-acre area generally
depicted on the map entitled ``Pinelands National Reserve Boundary Map''
numbered NPS/80,011A and dated September 1978. Within the Pinelands
National Reserve, there is hereby established the Federal Project Review
Area, which shall consist of the approximately 486,000 acre area also
depicted on the map. The map shall be on file and available for public
inspection in the offices of the Department of the Interior in
Washington, and in the offices of the State of New Jersey planning
entity established pursuant to subsection (d) of this section, and in
locations throughout the Pinelands National Reserve as determined by the
planning entity.
(d) State planning entity for development of comprehensive management
plan; membership; representation of interests; assistance and
grants to State
Within thirty days after November 10, 1978, the Secretary of the
Interior (hereinafter referred to as the ``Secretary'') shall request
the Governor of the State of New Jersey to establish, within ninety days
of such request, a planning entity to develop a comprehensive management
plan for the Pinelands National Reserve. In order to carry out the
purposes of this section, such planning entity shall be composed of
fifteen members to be appointed as follows: one member appointed by the
Secretary; one member from each of the seven counties in the Pinelands
National Reserve to be appointed by the respective governing bodies of
each county; and seven members to be appointed by the Governor. The
membership of the planning entity shall include residents of the
Pinelands National Reserve who represent economic activities such as
agriculture in the area, as well as residents of New Jersey who
represent conservation interests. The Secretary shall provide technical
assistance and grants to the State for the development of the plan or
revisions thereof: Provided, That such grants shall not exceed 75
percent of the cost of developing the plan, shall be made only upon
application of the Governor, on behalf of the planning entity, and shall
be subject to such other conditions as the Secretary may deem
appropriate to assure State and local interim protection of the area.
(e) Planning entity consultations; public hearings
During the development of the management plan, the planning entity
shall:
(1) consult with appropriate officials of any local government
or State or Federal agency which has jurisdiction over lands and
waters within the area;
(2) consult with the officials of any local government which has
jurisdiction over lands and waters within areas delineated in
accordance with subsection (f)(2)(B) of this section;
(3) consult with interested professional, scientific and citizen
organizations;
(4) consult with a citizens advisory committee which may be
established by the Governor; and
(5) conduct public hearings at places within the area, and at
such other places as may be appropriate, for the purpose of
providing interested persons with an opportunity to express their
views with respect to matters covered by the management plan.
(f) Comprehensive management plan; terms and provisions; resource
assessment; boundary map, delineations; land use map and policy
statement; coordination and consistency, public use, and
financial components; programs; water implementation plan
The comprehensive management plan for the Pinelands National Reserve
shall include, but need not be limited to--
(1) A resource assessment which:
(A) determines the amount and type of human development and
activity which the ecosystem can sustain while still maintaining
the overall ecological values described in this section with
special reference to (i) ground and surface water supply and
quality; (ii) natural hazards, including fire; (iii) endangered,
unique and unusual plants and animals and biotic communities;
(iv) ecological factors relating to the protection and
enhancement of blueberry and cranberry production and other
agricultural activity; (v) air quality; and (vi) other
appropriate considerations affecting the ecological integrity of
the area; and
(B) includes an assessment of scenic, aesthetic, cultural,
open space, and outdoor recreation resources of the area
together with a determination of overall policies required to
maintain and enhance these resources.
(2) A map showing the detailed boundary of the Pinelands
National Reserve, such map to delineate:
(A) major areas within the boundary which are of critical
ecological importance;
(B) major areas and resources adjacent to the boundary that
have significance to the ecological integrity of the Pinelands
National Reserve; and
(C) areas of scenic, open space, cultural and recreational
significance.
(3) A land use capability map and a comprehensive statement of
policies for land use management of the area which:
(A) consider and detail the application of a variety of land
and water protection and management techniques, including but
not limited to, zoning and regulation derived from State and
local police powers, development and use standards and permit
systems, acquisition of conservation easements and other
interests in land, public access agreements with private
landowners, purchase of land for resale or lease-back, fee
acquisition of public recreation sites and ecologically
sensitive areas and any other method of land and water
protection and management which will help meet the goals and
carry out the policies of the management plan;
(B) include a policy for the use of State and local police
power responsibilities to the greatest extent practicable to
regulate the use of land and water resources in a manner
consistent with the purposes of this section; and
(C) recognize existing economic activities within the area
and provide for the protection and enhancement of such
activities as farming, forestry, proprietary recreational
facilities, and those indigenous industries and commercial and
residential developments which are consistent with the findings
and purposes of this section.
(4) A coordination and consistency component which details the
ways in which local, State and Federal programs and policies may
best be coordinated to promote the goals and policies of the
management plan, and which details how land, water and structures
managed by governmental or nongovernmental entities in the public
interest within the area may be integrated into the management plan.
(5) A public use component including, among other items, a
detailed program to educate the public concerning appropriate uses
of the area.
(6) A financial component, together with a cash flow timetable,
which:
(A) details the cost of implementing the management plan,
including, but not limited to, payments in lieu of taxes,
general administrative costs, and any anticipated extraordinary
or continuing costs; and
(B) details the sources of revenue for covering such costs,
including, but not limited to, grants, donations and loans from
local, State, and Federal departments and agencies, and from the
private sector.
(7) A program to provide for the maximum feasible local
government and public participation in the management of the
Pinelands National Reserve.
(8) A program for State and local governmental implementation of
the comprehensive management plan in a manner that will insure the
continued, uniform, consistent protection of this area in accord
with the purposes of this section.
(9) In conjunction with existing State programs and planning
processes, a plan to implement the provisions of the Clean Water Act
[33 U.S.C. 1251 et seq.] and the Safe Drinking Water Act [42 U.S.C.
300f et seq.] which pertain to the surface and ground waters of the
Pinelands National Reserve.
(g) Comprehensive management plan and revisions; approval by Secretary;
submission to Congress; approval considerations; disapproval and
revision recommendations, notification; resubmission and
consideration; Federal assistance, termination; modifications
and revisions; reimbursement
(1) The State of New Jersey, through the planning entity, shall
adopt and submit to the Secretary a comprehensive management plan within
eighteen months after the date that funds are first provided for its
preparation under subsection (d) of this section. In the event the State
fails to submit the plan within such time period, the Secretary may
obtain reimbursement or offset from the State of all Federal funds
previously granted under this section. The Secretary shall, within
ninety days after the date the plan is submitted to him, either approve
or disapprove the plan. Should the Secretary fail to act on the proposed
plan within ninety days, the plan shall be regarded as approved. Upon
approval, the Secretary shall submit the plan to the Congress for a
period of ninety days prior to implementation.
(2) In determining whether or not to approve the management plan,
the Secretary shall consider whether:
(A) the planning entity has afforded adequate opportunity,
including public hearings, for public and governmental involvement
in the preparation and review of the plan, and whether such review
and comment thereon were considered in the plan or revision as
presented to him;
(B) he has received adequate assurances from appropriate State
officials that the recommended implementation program identified in
the plan will be initiated within a reasonable time after the date
of approval of the plan and such program will insure effective
implementation of the State and local aspects of the plan;
(C) provision is made for the participation of a Federal
representative in the implementation program;
(D) the plan requires the exercise of police power
responsibilities to the greatest extent practicable to regulate the
use of land and water resources in a manner consistent with the
purposes of this section;
(E) the plan, if implemented, would adequately protect the
significant natural, ecological, agricultural, scenic, cultural and
recreational resources of the Pinelands National Reserve and,
consistent with such protection, provide adequate and appropriate
outdoor recreational opportunities and economic activities within
the area;
(F) the plan provides for the Governor of the State of New
Jersey to exercise effective and continuing oversight over its
implementation; and
(G) after consultation with the Secretary of Defense, the
national defense mission of the military installations within,
contiguous or adjacent to the Pinelands National Reserve has been
adequately provided for.
(3) If the Secretary disapproves the management plan or a revision
thereof, he shall, within sixty days after the date of such disapproval,
advise the planning entity in writing of the reasons therefor, together
with his recommendations for revision. The State of New Jersey, through
the planning entity shall, within one hundred and twenty days after
receipt by the planning entity of notification of such disapproval,
revise and resubmit the plan to the Secretary who shall approve or
disapprove a proposed revision within sixty days after the date it is
submitted to him. Should the Secretary fail to act on a proposed
revision within sixty days, the revision shall be considered as
approved.
(4) The Secretary shall consider a plan revision in accordance with
the procedure set forth in paragraph (2). Such revisions must be
consistent with the purposes of this section.
(5) In the event that the planning entity fails to obtain approval
of the plan by the Secretary within thirty-six months after the date
funds are first provided under subsection (d) of this section for
development of the plan, the Secretary shall terminate all Federal
assistance for and participation in the development of such plan, and
may obtain reimbursement or offset from the State of New Jersey of all
Federal funds previously granted under this section.
(6) The Secretary shall provide technical assistance for and monitor
at periodic intervals the implementation of the approved management
plan. A local jurisdiction or the State shall obtain the approval of the
Secretary prior to any modification of the approved plan. The Secretary
shall consider a plan revision in accordance with the procedure set
forth in paragraph (2). Such revisions must be consistent with the
purposes of this section. Any jurisdiction that implements changes to
the approved management plan, or adopts or acquiesces in changes to
laws, regulations, or policies adopted to implement such plan, without
approval of the Secretary, may be liable for reimbursement or offset of
all Federal funds previously granted to it under this section without
regard to such additional terms and conditions or other requirements of
law that may be applicable to such grants.
(h) Grants for State acquisition of property; Secretary's acquisition
and administration of property; conveyance by Secretary, terms
and conditions; State reimbursement; grant authorization and
applications; limitation
(1)(A) During the development of the management plan, the Secretary
is authorized to make grants to the State of New Jersey for the
acquisition of lands and waters or interests therein within the
Pinelands National Reserve that he determines, in consultation with the
State planning entity, have critical ecological values which are in
immediate danger of being adversely affected or destroyed.
(B) The grants authorized by subsection (h)(1)(A) of this section
together with the grants made under paragraph (4) of this subsection,
shall (i) be made in a manner consistent with the requirements of the
Land and Water Conservation Fund Act [16 U.S.C. 460l-4 et seq.]; (ii)
not exceed 75 percent of the total cost of all property acquired by the
State pursuant to this subsection; (iii) be supplemental to any other
Federal financial assistance for any other program; and (iv) be subject
to such additional terms and conditions as the Secretary may deem
necessary to effectuate the purposes of this section.
(2) In the event the State elects not to make acquisitions as
authorized under subsection (h)(1) of this section, the Secretary,
during the development of the management plan, is authorized to acquire
such lands, waters or interests therein by donation, purchase with
donated or appropriated funds, exchange, or otherwise, and to administer
such property under the laws generally applicable to units of the
National Park System or National Wildlife Refuge System in a manner to
carry out the purposes of this section.
(3) After his approval of the management plan, the Secretary (A) is
authorized to convey property acquired pursuant to subsection (h)(2) of
this section to State or local authorities in accordance with the
management plan, under such terms and conditions as he may deem
appropriate, which shall include (i) a requirement that where the
Secretary transfers land acquired with appropriated funds, the State or
local government shall repay not less than 25 percent of the cost of
such lands to the Secretary under such terms and conditions as he may
deem appropriate, and (ii) a retention of a right of reversion of title
to the United States, and (B) shall accept from the State those lands
acquired pursuant to subsection (h)(1) of this section, which are
identified in the management plan as being appropriate for Federal
ownership and management: Provided, That the Secretary shall reimburse
to the State such sums as are necessary to (i) cover 100 percent of the
original cost of acquisition as to each parcel of land so transferred
and (ii) assure that as to the remainder of lands acquired pursuant to
subsection (h)(1) of this section not transferred under this subsection,
the total Federal land acquisition cost does not exceed 75 percent of
the purchase price of such lands.
(4) Upon approval of the management plan, the Secretary is
authorized to make grants for the acquisition within the Pinelands
National Reserve of lands and waters or interests therein in a manner
consistent with the management plan. All applications for such grants
shall be made within ten years from the date of implementation of the
management plan.
(i) Applications for Federal construction assistance; review by planning
entity; notifications; commencement of review process
During the development of the management plan for the Pinelands
National Reserve, all applications for Federal assistance under programs
covered by Part I of OMB Circular A-95 and direct Federal actions
covered by Part II of OMB Circular A-95 within the Federal Project
Review Area generally depicted on the map referred to in subsection (c)
of this section which involve the construction of housing, industrial
parks, highways, or sewage or water treatment facilities shall be
reviewed by the planning entity, upon receipt from the New Jersey State
A-95 Clearinghouse (hereinafter referred to as the Clearinghouse). If
the planning entity finds that such application or proposed action would
have no adverse impact on the resources and ecological values of the
Federal Project Review Area, the planning entity shall so notify the
Clearinghouse. If the planning entity does not so find, Congress
authorizes the planning entity to notify the Clearinghouse and other
affected parties that such application or proposed action shall not
proceed pending further review, and the planning entity shall forward
such application or notice of proposed action to the Secretary. Any such
application or proposed action which the Secretary determines would be
significantly adverse to the purposes of this section shall not proceed
while the management plan is being developed. The review process
established under this subsection shall begin upon the appropriation of
funds under subsection (k) of this section.
(j) Federal action pursuant to Federal court or agency orders related to
public health or safety, national security or defense, or
environmental values unaffected
Nothing in this section shall be construed to limit or prohibit any
Federal action ordered by a court of competent jurisdiction or directed
by a Federal agency as essential for the protection of public health or
safety, for national security or defense, or for the maintenance of
environmental values within the Pinelands National Reserve or the
Federal Project Review Area.
(k) Authorization of appropriations; sources for appropriations;
acquisitions consistent with management plan
(1) There is authorized to be appropriated not to exceed $26 million
to carry out the provisions of this section. Not to exceed $3 million
shall be available for planning: Provided, That any funds not used for
planning shall be available for land acquisition; Provided further, That
$23,000,000 shall be made available for land acquisition, as authorized
by this section. Such appropriations may be made from the general fund
of the Treasury or from revenues due and payable to the United States
under the Outer Continental Shelf Lands Act, as amended [43 U.S.C. 1331
et seq.], which would otherwise be credited to miscellaneous receipts.
(2) In addition to other funds authorized pursuant to this
subsection, there are hereby authorized to be appropriated not to exceed
$14,500,000 for land acquisition, the Federal share of which may not
exceed 50 percent of the total cost. Land acquisition pursuant to this
subsection shall be carried out in accordance with the requirements of
subsection (h) of this section insofar as such requirements are not
inconsistent with this paragraph. Such acquisitions shall also be
carried out in a manner consistent with the management plan and shall
include--
(A) lands located within the preservation area of the National
Reserve which is designated in the management plan;
(B) lands that are within the areas protected by the management
plan and that are threatened by adverse development or have critical
ecological values; or
(C) lands that have limited practical use because of their
location in the Reserve and that are held by landowners who both own
less than 50 acres in the Reserve and have exhausted existing
remedies to secure relief.
Additional funds contributed by the State to the Pinelands Development
Bank after enactment of this Act, not to exceed $5,000,000, may be
counted as part of the State share of land acquisition funds.
(l) Pinelands interpretative and educational program; Interior
Department study and recommendations
(1) Study and recommendations for interpretative and
educational program
For the purpose of enhancing public understanding, awareness,
and appreciation with respect to the natural and cultural resources
of the Pine Barrens area of New Jersey, the Secretary shall, within
9 months after October 13, 1988, study and recommend appropriate
initiatives to provide an educational and interpretative program for
the Reserve. The Secretary shall conduct such study in consultation
with the planning entity and the appropriate departments and
agencies of the State of New Jersey.
(2) Items included
The study and recommendations required by this subsection shall
include, but not be limited to each of the following:
(A) Interpretative and informational materials, exhibits,
films, lectures, and other devices and educational methods.
(B) A plan to provide for educational and interpretative
programs for the Reserve, considering among other things the
improvement of existing facilities and interpretative programs
in the Reserve, including the possible use of existing
facilities such as Whitesbog, Batsto, Double Trouble State Park
and Stockton State College.
(C) The use and enhancement of existing fire towers in the
Reserve to serve as observation platforms.
(D) The appropriate role for departments and agencies of the
State of New Jersey and the Federal Government in implementing
the program.
(3) Study of Development Credit Bank and Development Credit
System
The Secretary is authorized and directed to study the State of
New Jersey Pinelands Development Credit Bank and Pinelands
Development Credit System, and to submit to the Congress within 9
months after October 13, 1988, such recommendations as the Secretary
determines appropriate for improvements of the operation of the
State Pinelands Development Credit Bank and the overall Pinelands
Development Credit Program.
(4) Study of Municipal Council
The Secretary shall study the Pinelands Municipal Council, and
submit to the Congress within 9 months after October 13, 1988, such
recommendations as the Secretary determines appropriate for
improvements of the operation of the council.
(5) Contracts and agreements
The Secretary may enter into such contracts and agreements with
the State of New Jersey and other public and private entities as may
be necessary and appropriate to carry out the authorities and
responsibilities of the Secretary under this subsection. For
purposes of this subsection, there is authorized to be appropriated
not more than $500,000 to prepare and complete the study pursuant to
paragraph (1) and $3,000,000 to implement the recommendations of
such study upon its approval by the Congress, the Federal share of
which may not exceed 75 percent of the total cost.
(Pub. L. 95-625, title V, Sec. 502, Nov. 10, 1978, 92 Stat. 3492; Pub.
L. 100-486, Oct. 13, 1988, 102 Stat. 2429.)
References in Text
The Clean Water Act, referred to in subsec. (f)(9), is act June 30,
1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18,
1972, 86 Stat. 816, also known as the Federal Water Pollution Control
Act, which is classified generally to chapter 26 (Sec. 1251 et seq.) of
Title 33, Navigation and Navigable Waters. For complete classification
of this Act to the Code, see Short Title note set out under section 1251
of Title 33 and Tables.
The Safe Drinking Water Act, referred to in subsec. (f)(9), is title
XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523,
Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to
subchapter XII (Sec. 300f et seq.) of chapter 6A of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 201 of Title 42 and Tables.
The Land and Water Conservation Fund Act, referred to in subsec.
(h)(1)(B), probably means the Land and Water Conservation Fund Act of
1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is
classified generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX
of chapter 1 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 460l-4 of this
title and Tables.
The Outer Continental Shelf Lands Act, as amended, referred to in
subsec. (k)(1), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,
which is classified generally to subchapter III (Sec. 1331 et seq.) of
chapter 29 of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section 1331 of
Title 43 and Tables.
Enactment of this Act, referred to in subsec. (k)(2), probably means
date of enactment of Pub. L. 100-486, which enacted subsec. (k)(2) of
this section and which was approved Oct. 13, 1988.
Amendments
1988--Subsec. (k). Pub. L. 100-486, Sec. 2, designated existing
provisions as par. (1) and added par. (2).
Subsec. (l). Pub. L. 100-486, Sec. 1, added subsec. (l).
