Title 16, ConservationRelease 119-110
§544g Land Acquisition
Title 16 › CHAPTER 2 — NATIONAL FORESTS › SUBCHAPTER II — SCENIC AREAS › § 544g
Summary
The Secretary can buy or trade for lands or interests inside the special management areas and the Dodson/Warrendale Special Purchase Unit when needed to meet the goals of sections 544–544p. Lands in Oregon bought under these rules become part of Mount Hood National Forest. Lands in Washington become part of Gifford Pinchot National Forest. State-owned lands can only be taken by donation or exchange. The Secretary may only take land without the owner’s consent when it is reasonably necessary and after trying all reasonable means to get the owner’s agreement. The Secretary may not take, without consent, land that on November 17, 1986 was mainly used for education, religion, charity, single-family homes, farming, or grazing (as long as that use is not substantially changed); land in counties where the Secretary agreed to local land-use rules unless the land is being used in a way that conflicts with those rules; land inside the Dodson/Warrendale unit; or Indian trust or tribal lands. Offers from owners must be considered quickly, and the Secretary must consider any hardship caused by delay. Private owners of unimproved forest parcels of at least 40 acres inside the special management areas who offer such land after November 17, 1986 but within 180 days after final adoption of the management plan can exchange the land with the United States. Exchanges should be of roughly equal value; cash can be paid to balance small differences; values are based on forest uses for timber. Congress intended these exchanges to finish no later than five years after November 17, 1986. If an exchange leaves an uneconomic remnant next to a special area, the Secretary can buy it. Certain federal lands totaling about 29,743 acres are named as candidates for exchange and may be held back from other disposal for up to five years. For appraisal rules, a “landowner” means the owner as of September 1, 2000. Appraisals must follow the Uniform Appraisal Standards for Federal Land Acquisitions, except landowner offers in special management areas before April 1, 2001 are appraised without counting zoning rules made in response to sections 544–544p (but do count other current local or state rules), while offers on or after April 1, 2001 are appraised taking those new zoning rules into account. The Secretary may also accept lands anywhere in the States to complete priority exchanges for the White Salmon Wild and Scenic River area; any exchange agreements in place as of September 30, 2000 may continue and timber stumpage money from those exchanges may be kept by the Forest Service. For certain land-record purposes, the scenic area boundaries are treated as if they were inside 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)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 (c) Hardship cases
(1)Where authorized in subsection (a) of this section to acquire land or interests therein without the consent of the owner, the Secretary shall—
(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.
(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—
(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—
(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 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
Sep 23, 2026
Release point: 119-110