43 U.S.C. § 1783: Yaquina Head Outstanding…

Summary

Creates the Yaquina Head Outstanding Natural Area in Lincoln County, Oregon, using the boundaries shown on the map titled "Yaquina Head Area," dated July 1979, while respecting any existing valid rights. Terms: area — the Yaquina Head Outstanding Natural Area; Secretary — the Secretary of the Interior. The Secretary must manage the area under the public lands laws to protect its scenic, natural, historic, wildlife, education, science, and recreation values. The Secretary must write a management plan for the area. Quarrying of materials can be allowed under that plan if the land is reclaimed, fair market value is paid, and other protections are set. An 1866 reservation for lighthouse use of about 18.1 acres is revoked and those lands are restored to public-land status but withdrawn from sale, settlement, mining claims, and most leases. The Secretary must try to acquire non-Federal lands in the area by purchase, exchange, donation, or condemnation within twenty-four months following March 5, 1980 (State land cannot be bought or condemned). The Secretary may study and permit experimental wind-turbine research if it will not substantially harm the area. Money from quarrying goes into a special fund for reclamation; leftover funds return to the U.S. Treasury. Additional appropriations may be provided as needed.

Title 43, §1783

Public Lands, Source: USLM XML via OLRC

(a)Establishment

In order to protect the unique scenic, scientific, educational, and recreational values of certain lands in and around Yaquina Head, in Lincoln County, Oregon, there is hereby established, subject to valid existing rights, the Yaquina Head Outstanding Natural Area (hereinafter referred to as the “area”). The boundaries of the area are those shown on the map entitled “Yaquina Head Area”, dated July 1979, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State Office of the Bureau of Land Management in the State of Oregon.

(b)Administration by Secretary of the Interior; management plan; quarrying permits

(1)The Secretary of the Interior (hereinafter referred to as the “Secretary”) shall administer the Yaquina Head Outstanding Natural Area in accordance with the laws and regulations applicable to the public lands as defined in section 103(e) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1702) [43 U.S.C. 1702(e)], in such a manner as will best provide for—

(A)the conservation and development of the scenic, natural, and historic values of the area;

(B)the continued use of the area for purposes of education, scientific study, and public recreation which do not substantially impair the purposes for which the area is established; and

(C)protection of the wildlife habitat of the area.

(2)The Secretary shall develop a management plan for the area which accomplishes the purposes and is consistent with the provisions of this section. This plan shall be developed in accordance with the provisions of section 202 of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1712).

(3)Notwithstanding any other provision of this section, the Secretary is authorized to issue permits or to contract for the quarrying of materials from the area in accordance with the management plan for the area on condition that the lands be reclaimed and restored to the satisfaction of the Secretary. Such authorization to quarry shall require payment of fair market value for the materials to be quarried, as established by the Secretary, and shall also include any terms and conditions which the Secretary determines necessary to protect the values of such quarry lands for purposes of this section.

(c)Revocation of 1866 reservation of lands for lighthouse purposes; restoration to public lands status

The reservation of lands for lighthouse purposes made by Executive order of June 8, 1866, of certain lands totaling approximately 18.1 acres, as depicted on the map referred to in subsection (a), is hereby revoked. The lands referred to in subsection (a) are hereby restored to the status of public lands as defined in section 103(e) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1702) [43 U.S.C. 1702(e)], and shall be administered in accordance with the management plan for the area developed pursuant to subsection (b), except that such lands are hereby withdrawn from settlement, sale, location, or entry, under the public land laws, including the mining laws (30 U.S.C., ch. 2), leasing under the mineral leasing laws (30 U.S.C. 181 et seq.), and disposals under the Materials Act of July 31, 1947, as amended (30 U.S.C. 601, 602) [43 U.S.C. 601 et seq.].

(d)Acquisition of lands not already in Federal ownership

The Secretary shall, as soon as possible but in no event later than twenty-four months following March 5, 1980, acquire by purchase, exchange, donation, or condemnation all or any part of the lands and waters and interests in lands and waters within the area referred to in subsection (a) which are not in Federal ownership except that State land shall not be acquired by purchase or condemnation. Any lands or interests acquired by the Secretary pursuant to this section shall become public lands as defined in the Federal Land Policy and Management Act of 1976, as amended [43 U.S.C. 1701 et seq.]. Upon acquisition by the United States, such lands are automatically withdrawn under the provisions of subsection (c) except that lands affected by quarrying operations in the area shall be subject to disposals under the Materials Act of July 31, 1947, as amended (30 U.S.C. 601, 602) [30 U.S.C. 601 et seq.]. Any lands acquired pursuant to this subsection shall be administered in accordance with the management plan for the area developed pursuant to subsection (b).

(e)Wind energy research

The Secretary is authorized to conduct a study relating to the use of lands in the area for purposes of wind energy research. If the Secretary determines after such study that the conduct of wind energy research activity will not substantially impair the values of the lands in the area for purposes of this section, the Secretary is further authorized to issue permits for the use of such lands as a site for installation and field testing of an experimental wind turbine generating system. Any permit issued pursuant to this subsection shall contain such terms and conditions as the Secretary determines necessary to protect the values of such lands for purposes of this section.

(f)Reclamation and restoration of lands affected by quarrying operations

The Secretary shall develop and administer, in addition to any requirements imposed pursuant to subsection (b)(3), a program for the reclamation and restoration of all lands affected by quarrying operations in the area acquired pursuant to subsection (d). All revenues received by the United States in connection with quarrying operations authorized by subsection (b)(3) shall be deposited in a separate fund account which shall be established by the Secretary of the Treasury. Such revenues are hereby authorized to be appropriated to the Secretary as needed for reclamation and restoration of any lands acquired pursuant to subsection (d). After completion of such reclamation and restoration to the satisfaction of the Secretary, any unexpended revenues in such fund shall be returned to the general fund of the United States Treasury.

(g)Authorization of appropriations

There are hereby authorized to be appropriated in addition to that authorized by subsection (f), such sums as may be necessary to carry out the provisions of this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Materials Act of

July 31, 1947, as amended (30 U.S.C. 601, 602), referred to in subsecs. (c) and (d), is act

July 31, 1947, ch. 406, 61 Stat. 681, which is classified generally to subchapter I (§ 601 et seq.) of chapter 15 of Title 30. For complete classification of this Act to the Code, see

Short Title

note set out under section 601 of Title 30 and Tables. The Federal Land Policy and Management Act of 1976, as amended, referred to in subsec. (d), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of this title and Tables. Codification Section was not enacted as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

§1783 Yaquina Head Outstanding Natural Area

Summary

Title 43, §1783

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Citations & Metadata