§471j Headwaters Forest and Elk River Property Acquisition

Summary

Authorizes up to $250,000,000 from the Land and Water Conservation Fund to buy lands described in the September 28, 1996 agreement in Humboldt County, California — about 4,500 acres called the Headwaters Forest, about 1,125 acres called Elk Head Forest, and about 9,600 acres called the Elk River Property. Under the deal, the United States and California will keep about 1,845 acres of the Elk River Property and give about 7,755 acres of Elk River Property to Pacific Lumber Company, and the land the governments keep (about 7,470 acres) will be called the Headwaters Forest. The money can only be used if several conditions are met before March 1, 1999: California provides $130,000,000; California approves a Sustained Yield Plan for Pacific Lumber timber land; Pacific Lumber dismisses two specified lawsuits (Pacific Lumber Co. v. United States, No. 96–257L (Fed. Cls.) and Salmon Creek Corp. v. California Board of Forestry, No. 96–CS–1057 (Cal. Super. Ct.)); a section 10(a) incidental take permit based on a multispecies Habitat Conservation Plan is issued by the Fish and Wildlife Service and the National Marine Fisheries Service; appraisals and a Secretary of the Interior value opinion are reviewed and sent to Congress; an Environmental Impact Statement for the HCP is completed; and there is adequate public access. If needed, the Secretary may pay a different price than the appraisal but must tell Congress in writing. Within 30 days after the federal purchase, $10,000,000 must be paid to Humboldt County. The federal share of the Headwaters Forest will be treated as entitlement land under 31 U.S.C. 6905. For ongoing management, no more than $300,000 in federal money per year is authorized (not counting law enforcement and emergencies), and at least half of any management money above $100,000 per year must come from nonfederal sources. The Secretary, with the California Governor’s written agreement, may set up a five-member Headwaters Forest Management Trust (two trustees named by the Governor, three by the President, three-year terms) to run the land and get grants. A short management plan must be made, with goals to conserve and study the area and allow public recreation, and it must be sent to key Congressional committees and wait 90 days before taking effect. The National Environmental Policy Act applies to making and carrying out the plan. The Secretary may also make cooperative management agreements with California and arrange employee assignments for shared work.