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

Summary

The Secretary, working with the Agriculture, Commerce, and Labor Secretaries, must study what federal actions could help lessen bad economic effects on local public and private businesses and services (but not the landowners who were paid for taken property) when land is added to Redwood National Park. The study must look at paying for or signing grants, contracts, or cooperative agreements with California or Del Norte and Humboldt Counties to carry out forest and fishery projects like replanting trees, stopping erosion, protecting habitat, and wood-energy work. The Secretary must send a report and recommendations by January 1, 1979. The Commerce and Labor Secretaries, using that study, must use existing programs and may make grants or contracts with federal, state, local, nonprofit, or private groups to create jobs and ease economic harm in Del Norte and Humboldt Counties. Money was authorized beginning October 1, 1978, but payments can only be made if Congress approves and provides the 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