Title 16 — ConservationRelease 119-73
§544g Land acquisition
Title 16 › Chapter CHAPTER 2— - NATIONAL FORESTS › Subchapter SUBCHAPTER II— - SCENIC AREAS › § 544g
Summary
The Secretary may buy or swap private land or interests inside the special management areas and the Dodson/Warrendale Special Purchase Unit when needed to meet the goals of the law. State or local government land can only be taken by donation or exchange. Land bought in Oregon becomes part of Mount Hood National Forest. Land bought in Washington becomes part of Gifford Pinchot National Forest. Acquisitions must be only what is reasonably needed, and the Secretary must try to get the owner’s consent first. The Secretary may not take land without the owner’s permission if, on November 17, 1986, it was mainly used for education, religion, charity, single-family homes, farming, or grazing (as long as those uses are not substantially changed); if it’s in a county with agreed land-use rules unless the land is being used against those rules; if it’s inside the Dodson/Warrendale Special Purchase Unit; or if it’s owned or held in trust for an Indian tribe or tribal member. The Secretary must consider any owner’s offer quickly and think about hardship from delays. The Secretary must accept exchange offers of unimproved forest land of at least 40 acres if offered after November 17, 1986 and within 180 days after the final management plan is adopted. Federal land in Oregon or Washington may be traded in these exchanges regardless of which State the exchanged federal land is in. Exchanges should be of roughly equal value, with cash allowed to even out small differences and rights reserved if needed. Congress intended exchanges to finish within five years after November 17, 1986. If an exchange leaves an uneconomic remnant next to a special area, the Secretary may buy it. A list of federal candidate lands totaling 29,743 acres is identified and held for up to five years for these exchanges. Land bought or exchanged must be appraised under the Uniform Appraisal Standards for Federal Land Acquisitions, except that offers made before April 1, 2001 are appraised without counting land-use restrictions created in response to the law, while offers made on or after April 1, 2001 are appraised with those restrictions. Landowner means the person with legal or equitable title on September 1, 2000. Agreements to start certain exchanges as of September 30, 2000 may continue, with timber proceeds kept by the Forest Service. For some federal rules, the scenic area boundaries are treated as if they were part of Mount Hood or Gifford Pinchot National Forests as of January 1, 1965.
Full Legal Text
Title 16, §544g
Conservation — Source: USLM XML via OLRC
(a)(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)(1)Where authorized in subsection (a) of this section to acquire land or interests therein without the consent of the owner, the Secretary shall—
(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)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)(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 SectionTownshipRange 354N7E 364N7E Approx. 430 acres. South Swift Area SectionTownshipRange 136N5E 236N5E 176N6E 186N6E Approx. 1,920 acres. National Area SectionTownshipRange 614N7E 714N7E 1814N7E 3014N7E Approx. 2,560 acres. Buck Creek-Willard Area SectionTownshipRange 163N 9E 14N 9E 24N 9E 34N 9E 104N 9E 114N 9E 124N 9E 154N 9E 214N 9E 224N 9E 264N 9E 274N 9E 284N 9E 294N 9E 304N 9E 314N 9E 324N 9E 334N 9E 344N 9E 354N 9E 64N10E 74N10E 55N10E 65N10E 75N10E 85N10E 95N10E 305N10E 315N10E 325N10E Approx. 14,460 acres. SIUSLAW NATIONAL FOREST East Beaver Area SectionTownshipRange 332S9W 342S9W 23S9W 33S9W 43S9W 83S9W 93S9W 173S9W Approx. 3,053 acres. WILLAMETTE NATIONAL FOREST Ida-McCoy Area SectionTownshipRange 2110S6E 2810S6E Approx. 680 acres. MOUNT HOOD NATIONAL FOREST Estacada Area SectionTownshipRange 154S5E Approx. 560 acres. Hood River Area SectionTownshipRange 41N 9E 361N10E 311N11E 21S 9E 31S 9E 41S 9E 51S 9E 61S 9E Approx. 5,800 acres. Zig-Zag Area SectionTownshipRange 222S7E 292S7E Approx. 280 acres. Total acreage: 29,743.
(e)(1)In this subsection, the term “landowner” means the owner of legal or equitable title as of September 1, 2000.
(2)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)(A)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—
(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)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—
(f)(1)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)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)For the purposes of section 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 Pinchot National Forests as of January 1, 1965.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification In subsec. (g), “section 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 provision 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 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, § 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 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, § 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, § 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.”
Reference
Citations & Metadata
Citation
16 U.S.C. § 544g
Title 16 — Conservation
Last Updated
Apr 6, 2026
Release point: 119-73