§ 544g. — Land acquisition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544g]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 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 determines 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 regulations 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 therein 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 subsection (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 primarily 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 ordinances in which
the Secretary has concurred pursuant to section 544f of this title,
unless such lands are being used, or are in imminent danger of being
used, in a manner incompatible 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 administered by the United States for the benefit of an
Indian tribe or member of an Indian tribe.
(c) Hardship cases
In exercising authority to acquire lands pursuant 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 consideration any hardship to the
owner which might result from any undue delay in acquiring the property.
(d) Land exchanges
(1) The Secretary is authorized and directed, in conformance with
the provisions of this subsection, to acquire by exchange any parcel of
unimproved forest land at least forty acres in size within the
boundaries of the special management 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 forest lands pursuant to
this subsection, the Secretary may accept title to such lands and convey
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 subsection shall be of approximately equal value: Provided, That
the Secretary may accept cash from or pay cash to the grantor in such an
exchange 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 interests in land deemed necessary or desirable:
Provided further, That the valuation of lands exchanged shall be
determined in terms of forest uses for timber.
(3) It is the intention of Congress that land exchanges pursuant to
this subsection shall be completed no later than five years after
November 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
boundaries of a special management area.
(5) The following-described Federal lands and interests therein are
hereby identified as candidate lands for exchanges conducted pursuant to
this section: Provided, That the determination 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 mining law, and from disposition under all laws pertaining to
mineral and geothermal leasing and all amendments thereto until the
Secretary determines such lands are no longer needed to complete
exchanges authorized by this section: Provided, That such period shall
not extend beyond 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.
------------------------------------------------------------------------
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 acquired or conveyed
by purchase or exchange under this section shall be appraised in
conformity 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 response 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 located 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 convey 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 accordance
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 collected under the
exchange shall be retained by the Forest Service to complete the
exchange.
(g) Boundaries
For the purposes of section 460l-9 of this title, 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 Pinchot National Forests as
of January 1, 1965.
(Pub. L. 99-663, Sec. 9, Nov. 17, 1986, 100 Stat. 4287; Pub. L. 104-66,
title I, Sec. 1011(n), Dec. 21, 1995, 109 Stat. 710; Pub. L. 106-291,
title III, Sec. 346(a), Oct. 11, 2000, 114 Stat. 999.)
References in Text
The public land laws, referred to in subsec. (d)(5), are classified
generally to Title 43, Public Lands.
The United States mining law and the laws pertaining to mineral
leasing, referred to in subsec. (d)(5), are classified generally to
Title 30, Mineral Lands and Mining.
Laws pertaining to geothermal leasing, referred to in subsec.
(d)(5), are classified principally to chapter 23 (Sec. 1001 et seq.) of
Title 30.
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 provision at end
requiring Secretary to report to Congress on status of negotiations with
owners of non-Federal lands regarding land exchanges.
Publication of Notice
Pub. L. 106-291, title III, Sec. 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 contained 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 counties 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 counties.
``(2) If the counties wherein special management areas are located
provide the Forest Service administrator 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 provisions contained in the amendments made by
subsections (a) and (b);
``(A) The mailing shall occur within twenty working days of the
receipt of the list; and
``(B) The mailing shall constitute constructive notice to
landowners, and proof of receipt by the addressee shall not be
required.''
Conveyance of Lands Between Skamania County and the United States
Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 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
provision of law, the Wind River Nursery Site lands and facilities 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 Forest 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, Sec. 336, Nov. 14, 1997, 111 Stat. 1602,
provided that: ``To facilitate priority land exchanges through which the
United States will receive land within the White Salmon Wild and Scenic
River boundaries and within the Columbia River Gorge National 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 existing exchange
authorities.''
Wind River Nursery
Pub. L. 105-83, title III, Sec. 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 exchange 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 negotiate with the Forest Service the
conveyance of approximately 120 acres of high biodiversity, special
management lands located near Table Mountain within the Columbia River
Gorge National Scenic Area, title to which must be acceptable to the
Secretary of Agriculture.
``(c) Before this exchange can occur, it must be of equal value and
the Secretary and the Skamania County 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 describing 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 authorities applicable to the
National Forest System.
``(f) The Secretary is directed to equalize values by not only cash
and exchange of lands, easements, reservations, and other interests in
lands, but also by full value credit for such services as Skamania
County provides 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 direct benefits to lands and resources and
users of such lands and resources under the jurisdiction of the
Secretary.
``(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 assuring 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 resources, existing administrative sites, and a
scenic corridor 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 educational
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 agreement 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.''
Section Referred to in Other Sections
This section is referred to in sections 544 to 544f, 544h, 544i,
544l to 544p of this title.
