United States Code (Last Updated: May 24, 2014) |
Title 16. CONSERVATION |
Chapter 2. NATIONAL FORESTS |
SubChapter II. SCENIC AREAS |
§ 544g. Land acquisition
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(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 .
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.
Miscellaneous
Pub. L. 106–291, title III, § 346(c),
Pub. L. 105–277, div. A, § 101(e) [title III, § 341], “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 “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
Pub. L. 105–83, title III, § 336,
Pub. L. 105–83, title III, § 340,