§79k — Title 16 Conservation | U.S. Code

Summary

The Secretary must work with the Agriculture, Commerce, and Labor Secretaries to study what federal steps could lessen any bad economic effects on local public and private businesses and services (not including owners who are paid for land taken) after land is added to Redwood National Park. They must look at giving grants or making contracts with California or Del Norte and Humboldt Counties to build a program for forest and fishery improvements — for example, replanting trees, stopping erosion, conserving forest land, improving fish and wildlife habitat, and developing wood-energy projects. The Secretary must send a report with recommendations to the Speaker of the House and the President of the Senate by January 1, 1979. The Commerce and Labor Secretaries must use existing federal programs, working with the Secretary, to reduce job losses and other economic harms (except for paying owners for taken land). They can set up employment and economic projects through grants, contracts, or agreements with federal, state, local, nonprofit, or private groups to help people affected and boost Del Norte and Humboldt Counties. Money to do this is authorized starting October 1, 1978, but payments can only be made when Congress provides funds in advance.

Title 16, §79k

Conservation — Source: USLM XML via OLRC

(a)The Secretary, in consultation with the Secretaries of Agriculture, Commerce, and Labor, shall conduct an analysis of appropriate Federal actions that may be necessary or desirable to mitigate any adverse economic impacts to public and private segments of the local economy, other than the owners of properties taken by this Act, as a result of the addition of property to Redwood National Park under section 79b and 79c of this title. The Secretaries shall also consider the benefits of making grants or entering into contracts or cooperative agreements with the State of California or Del Norte and Humboldt Counties as provided by subsection (b) for the purpose of development and implementation of a program of forest resource improvement and utilization, including, but not limited to, reforestation, erosion control, and other forest land conservation measures, fisheries and fish and wildlife habitat improvements, and wood energy facilities. Not later than January 1, 1979, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a report of his analysis, including his recommendations with respect to actions that should be taken to mitigate any significant short-term and long-term adverse effects on the local economy caused by such addition.

(b)The Secretary of Commerce and the Secretary of Labor, in consultation with the Secretary, and pursuant to his study, shall apply such existing programs as are necessary and appropriate to further mitigate identified employment and other adverse economic impacts on public and private segments of the local economy, other than with regard to the payment of just compensation to the owners of properties taken by this Act and by the Act of October 2, 1968 [16 U.S.C. 79a et seq.]. In addition to the land rehabilitation and employment provisions of this Act, which should have a substantial positive economic effect on the local economy, the Secretaries of Commerce and Labor are further authorized and directed to implement existing authorities to establish employment programs, pursuant to such grants, contracts and cooperative agreements with agencies of the Federal Executive, the State of California, any political or governmental subdivision thereof, any corporation, not-for-profit corporation, private entity or person, for the development and implementation of such programs, as, in the discretion of the Secretaries of Commerce and Labor, may be necessary to provide employment opportunities to those individuals affected by this taking and to contribute to the economic revival of Del Norte and Humboldt Counties, in northern California. Effective on October 1, 1978, there are authorized such sums as may be necessary to carry out the employment and economic mitigation provisions of this Act: Provided, That the authority to make payments under this section shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, means Pub. L. 95–250, Mar. 27, 1978, 92 Stat. 163, which, insofar as classified to the Code, enacted section 79c–1 and 79k to 79q of this title, amended former section 1a–1 and section 79b and 79c of this title, and enacted provisions set out and formerly set out as notes under this section. For complete classification of this Act to the Code, see Tables. section 79b and 79c of this title, referred to in subsec. (a), was in the original “the first section of this Act”, meaning section 101 of Pub. L. 95–250. Provisions of section 101 relating to the addition of property to Redwood National Park are classified to section 79b and 79c of this title. Act of October 2, 1968, referred to in subsec. (b), is Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables. Codification Section was not enacted as part of Pub. L. 90–545, Oct. 2, 1968, 82 Stat. 931, which comprises this subchapter.

Statutory Notes and Related Subsidiaries

Study of Timber Harvest Scheduling Alternatives for Six Rivers National Forest; Scope; Report to Congress Pub. L. 95–250, title I, § 102(c), Mar. 27, 1978, 92 Stat. 167, directed Secretary of Agriculture, within one year after Mar. 27, 1978, to prepare and transmit to Congress a study of timber harvest scheduling alternatives for Six Rivers National Forest, which alternatives were to exclude timber inventories standing on units of Wilderness Preservation System at time of study and were to be consistent with laws applicable to management of national forests. Reference to Secretary as Reference to Secretary of Department of the Interior; Exception Pub. L. 95–250, title I, § 109, Mar. 27, 1978, 92 Stat. 172, provided that: “Unless otherwise indicated hereinbefore, a reference to the Secretary will refer to the Secretary of the Department of the Interior, except in subsection 103(d) through 103(i) [section 79l(d) to (i) of this title], where a reference to the Secretary will refer to the Secretary of the Department of Labor.”

§79k Mitigation of adverse economic impacts to local economy resulting from additional lands; analysis of Federal actions necessary or desirable; consultations and considerations by Secretaries concerned; reports to Congress; implementation of programs; funding requirements