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Wilderness Special Provisions Search Results

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Law Title Citation Agency State Category
94-357 Alpine Lakes Area Managment Act of 1976 Sec. 4. LAND ACQUISITION AND EXCHANGE, (a) Forest Service Washington
  • General Admininstration
  • Acquisition/Exchange
  • Appropriations
  • Commercial Use
  • Timber
Wilderness(es): Alpine Lakes Wilderness
Text: (a) Within the boundaries of the wilderness and “Intended Wilderness”, the Secretary is authorized and directed to acquire with donated or appropriated funds, by gift, exchange, or otherwise, such non-Federal lands, interests, or any other property, in conformance with the provisions of section 4 of this Act: Provided, That any such lands, interests, or other property owned by or under the control of the State of Washington or any political subdivision thereof may be acquired only by donation or exchange. Nothing in this Act shall be construed to limit or diminish the existing authority of the Secretary to acquire lands and interests therein within the Alpine Lakes Area in accordance with established law. Notwithstanding any other provision or law, any Federal property located within the management unit may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary shall exercise caution in exchanging land so as not to impair substantially the programmed allowable timber harvest of the Mount Baker-Snoqualmie and Wenatchee National Forest. Amounts appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands and interest for the purposes of this Act.
94-357 Alpine Lakes Area Managment Act of 1976 Sec. 4(b-c) Forest Service Washington
  • General Admininstration
  • Acquisition/Exchange
  • Appropriations
  • Inholdings
Wilderness(es): Alpine Lakes Wilderness
Text: (b) In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within the wilderness and “Intended Wilderness”, and convey to the owner of such property any national forest land within the State of Washington under the jurisdiction of the Secretary: Provided, That the Secretary may accept cash for or pay cash to the grantor in such an exchange in order to equalize minor differences in the values of the properties exchanged. (c)(1) As non-Federal lands and interests in the wilderness and “Intended Wilderness” are acquired, and as they become protectable and administerable as wilderness, the lands shall become part of the Alpine Lakes Wilderness, and the Secretary shall publish from time to time a notice of such classification in the Federal Register. It is the intention of Congress that acquisition of the “Intended Wilderness” shall be completed no later than three years after the date of enactment of this Act. At any time after three years from the date of enactment of this Act, an action may be instituted by an owner, all of whose lands within the boundaries of the “Intended Wilderness” have been managed in such a way so as not to become unsuitable or unmanageable as wilderness (except for disturbance affecting a minor land area and found by the Secretary to have resulted from strictly accidental and unintentional circumstances), against the United States in the district court for the district in which such lands area located, to require the Secretary to acquire immediately all of said owner’s interest in such lands, interests and property and to pay in accordance with this section 4 just compensation for such lands, interest, and property the plaintiff may have which are not yet acquired pursuant to this section 4. By February 1 of each year, the Secretary shall report in writing to the Committees on Interior and Insular Affairs of the United States House of Representatives and the Senate, on the status of negotiations with private owners to effect exchanges and acquisition of non-Federal property. (2) The United States will pay just compensation to the owner of any lands and interests acquired by and pursuant to this Act. Such compensation shall be paid either: (A) by the Secretary of the Treasury from money appropriated pursuant to this Act from the Land and Water Conservation Fund, or from any other funds available for such use, upon certification to him by the Secretary, of the agreed negotiated value of such property, or the valuation of the property awarded by judgment, including interest at the rate of 8 per centum per annum from the date of the acquisition of the property or the date of filing an action according to the provisions of section 4(c)(1) of this Act, whichever is earlier, to the date of payment therefor; or (B) by the Secretary, if the owner of the land concurs, with any federally owned property available to him for purposes of exchange pursuant to subsection 4(b); or (C) by the Secretary using any combination of such money or federally owned property.
94-357 Alpine Lakes Area Managment Act of 1976 Sec. 4(c)(3) Forest Service Washington
  • General Admininstration
  • Acquisition/Exchange
  • Inholdings
  • Commercial Use
  • Timber
  • Access
  • General Access
Wilderness(es): Alpine Lakes Wilderness
Text: (3) Just compensation shall be the fair market value of the lands and interests acquired by and pursuant to this Act, and shall be determined as of the date of acquisition: Provided, however, That the fair market value of those lands acquired from owners who, from the time of enactment of this Act to the time of acquisition of any such lands, have managed all lands within the “Intended Wilderness” under their ownership so as not to make such lands unsuitable or unmanageable as wilderness (except for disturbance affecting a minor land area and found by the Secretary to have resulted from strictly accidental and unintentional circumstances), shall be the sum of (A) the value of such lands and interests at the date of acquisition, plus (B) any loss of value of timber from casualty, deterioration, disease, or other natural causes from January 1, 1976, to the date of acquisition, with all existing and lost or damaged timber values at the highest of (i) its market value on the date of acquisition, (ii) its market value on January 1, 1976,or (iii) the mean average market value between those dates: And provided further, That nothing in this Act shall be deemed or construed to deny to owners of non-Federal lands, or to change their rights to access to such lands or to manage the same for any otherwise lawful purpose prior to acquisition thereof by the Secretary. For the purposes of this section, the owner of property is defined as the holder of fee title unless said property is subject to an agreement of sale entered into prior to April 1, 1976.
94-357 Alpine Lakes Area Managment Act of 1976 Sec. 7. AUTHORITIES OF THE STATE OF WASHINGTON, (a) Forest Service Washington
  • General Admininstration
  • Agency Jurisdiction
  • Public Use/Facilities
  • Hunting/Fishing/Trapping
Wilderness(es): Alpine Lakes Wilderness
Text: (a) The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction in accordance with applicable Federal and State laws. Except in emergencies, any regulations pursuant to this subsection shall be issued only after consultation with the fish and game departments of the State of Washington. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of these agencies.
94-357 Alpine Lakes Area Managment Act of 1976 Sec. 7(b) Forest Service Washington
  • General Admininstration
  • Agency Jurisdiction
  • Water
  • Water Rights/Laws
Wilderness(es): Alpine Lakes Wilderness
Text: (b) Nothing in this Act shall deprive the State of Washington or any political subdivisions thereof of its right to exercise civil and criminal jurisdiction within the area or of its right to tax persons, corporations, franchises, or other non-Federal property, in or on lands and waters within the area.
94-357 Alpine Lakes Area Managment Act of 1976 Sec. 8. AUTHORIZATION OF APPROPRIATIONS. Forest Service Washington
  • General Admininstration
  • Acquisition/Exchange
  • Appropriations
  • Natural/Cultural Resource Management
  • Planning
  • Resource Development
Wilderness(es): Alpine Lakes Wilderness
Text: There is hereby authorized to be appropriated for the acquisition of lands and interests to carry out the purposes of this Act, not more than $20,000,000 in fiscal year 1977, $17,000,000 in fiscal year 1978, and $20,000,000 in fiscal year 1979, such sums to remain available until appropriated without fiscal year limitation. To prepare the multiple-use plan required by section 6 of this Act, there is authorized to be appropriated not more than $500,000. Appropriation requests by the President to implement the multiple-use plan shall express in qualitative and quantitative terms the most rapid and judicious manner and methods to achieve the purposes of this Act. Amounts appropriated to carry out this Act shall be expended in accordance with the Budget Reform and Impoundment Control Act of 1974 (88 Stat. 297).