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(continued)
the purposes of this subchapter, and may compensate the former
owner for no more than the fair market value of the rights so
reserved, except that the Secretary may not revest title to any
property for which just compensation has been paid; or, the
Secretary may sell at fair market value without regard to the
requirements of the Federal Property and Administrative Services
Act of 1949, as amended, such down timber as in his judgment may be
removed without damage to the park, the proceeds from such sales
being credited to the Treasury of the United States. If the State
of California designates a right-of-way for a bypass highway around
the eastern boundary of Prairie Creek Redwood State Park prior to
October 1, 1984, the Secretary is authorized and directed to
acquire such lands or interests in lands as may be necessary for
such a highway and, subject to such conditions as the Secretary may
determine are necessary to assure the adequate protection of
Redwood National Park, shall thereupon donate the designated
right-of-way to the State of California for a new bypass highway
from a point south of Prairie Creek Redwood State Park through the
drainage of May Creek and Boyes Creek to extend along the eastern
boundary of Prairie Creek Redwood State Park within Humboldt
County. Such acreage as may be necessary in the judgment of the
Secretary for this conveyance, and for a buffer thereof, shall be
deemed to be a publicly owned highway for purposes of section
79b(a) of this title effective on March 27, 1978.
(3) This subsection shall apply to ownerships of fifty acres or
less only if such ownerships are held or occupied primarily for
nonresidential or nonagricultural purposes, and if the Secretary
gives notice to the owner within sixty days after October 2, 1968,
of the application of this subsection. Notice by the Secretary
shall be deemed to have been made as of October 2, 1968. The
district court of the United States for that district in which such
ownerships are located shall have jurisdiction to hear and
determine any action brought by any person having an interest
therein for damages occurring by reason of the temporary
application of this paragraph, between October 2, 1968, and the
date upon which the Secretary gives such notice. Nothing in this
paragraph shall be construed as affecting the authority of the
Secretary under subsections (a) and (c) of this section to acquire
such areas for the purposes of this subchapter.
(c) Minimization of severance damages; costs not chargeable against
appropriations authorization
If any individual tract or parcel of land acquired is partly
inside and partly outside the boundaries of the park or the
administrative site the Secretary may, in order to minimize the
payment of severance damages, acquire the whole of the tract or
parcel and exchange that part of it which is outside the boundaries
for land or interests in land inside the boundaries or for other
land or interests in land acquired pursuant to this subchapter, and
dispose of so much thereof as is not so utilized in accordance with
the provisions of the Federal Property and Administrative Services
Act of 1949, as amended. The cost of any land so acquired and
disposed of shall not be charged against the limitation on
authorized appropriations contained in section 79j of this title.
(d) Lands for screen of trees along certain highway
The Secretary is further authorized to acquire, as provided in
subsection (a) of this section, lands and interests in land
bordering both sides of the highway between the present southern
boundary of Prairie Creek Redwood State Park and a point on Redwood
Creek near the town of Orick to a depth sufficient to maintain or
to restore a screen of trees between the highway and the land
behind the screen and the activities conducted thereon.
(e) Timber, soil, and stream protection; "interests in land"
defined; notice to Congress of intended action, costs, and
benefits requisite for acquisitions, contracts, or cooperative
agreements; availability of funds; authorization of
appropriations; rehabilitative activities
In order to afford as full protection as is reasonably possible
to the timber, soil, and streams within the boundaries of the park,
the Secretary is authorized, by any of the means set out in
subsections (a) and (c) of this section, to acquire interests in
land from, and to enter into contracts and cooperative agreements
with, the owners of land on the periphery of the park and on
watersheds tributary to streams within the park designed to assure
that the consequences of forestry management, timbering, land use,
and soil conservation practices conducted thereon, or of the lack
of such practices, will not adversely affect the timber, soil, and
streams within the park as aforesaid. As used in this subsection,
the term "interests in land" does not include fee title unless the
Secretary finds that the cost of a necessary less-than-fee interest
would be disproportionately high as compared with the estimated
cost of the fee. No acquisition other than by donation shall be
effectuated and no contract or cooperative agreement shall be
executed by the Secretary pursuant to the provisions of this
subsection until after he has notified the President of the Senate
and the Speaker of the House of Representatives of his intended
action and of the costs and benefits to the United States involved
therein. Effective on March 27, 1978, there are made available from
the amounts provided in section 79j of this title or as may be
hereafter provided such sums as may be necessary for the
acquisition of interests in land. Effective on October 1, 1978,
there are authorized to be appropriated such sums as may be
necessary for the implementation of contracts and cooperative
agreements pursuant to this subsection: Provided, That it is the
express intent of Congress that the Secretary shall to the greatest
degree possible insure that such contracts and cooperative
agreements provide for the maximum retention of senior employees by
such owners and for their utilization in rehabilitation and other
efforts. The Secretary, in consultation with the Secretary of
Agriculture, is further authorized, pursuant to contract or
cooperative agreement 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, to initiate, provide funds, equipment, and
personnel for the development and implementation of a program for
the rehabilitation of areas within and upstream from the park
contributing significant sedimentation because of past logging
disturbances and road conditions, and, to the extent feasible, to
reduce risk of damage to streamside areas adjacent to Redwood Creek
and for other reasons: Provided further, That authority to make
payments under this subsection shall be effective only to such
extent or in such amounts as are provided in advance in
appropriation Acts. Such contracts or cooperative agreements shall
be subject to such other conditions as the Secretary may determine
necessary to assure the adequate protection of Redwood National
Park generally, and 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. The Secretary shall undertake and publish studies on
erosion and sedimentation originating within the hydrographic basin
of Redwood Creek with particular effort to identify sources and
causes, including differentiation between natural and
man-aggravated conditions, and shall adapt his general management
plan to benefit from the results of such studies. The Secretary, or
the Secretary of Agriculture, where appropriate, shall also manage
any additional Federal lands under his jurisdiction that are within
the hydrographic basin of Redwood Creek in a manner which will
minimize sedimentation which could affect the park, and in
coordination with plans for sediment management within the basin.
To effectuate the provisions of this subsection, and to further
develop scientific and professional information and data concerning
the Redwood Forest ecosystem, and the various factors that may
affect it, the Secretary may authorize access to the area subject
to this subsection by designated representatives of the United
States.

-SOURCE-
(Pub. L. 90-545, Sec. 3, Oct. 2, 1968, 82 Stat. 931; Pub. L.
95-250, title I, Sec. 101(a)(3)-(6), Mar. 27, 1978, 92 Stat.
163-165.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsecs. (b)(2) and (c), is act June 30,
1949, ch. 288, 63 Stat. 377, as amended. Except for title III of
the Act, which is classified generally to subchapter IV (Sec. 251
et seq.) of chapter 4 of Title 41, Public Contracts, the Act was
repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,
2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public
Buildings, Property, and Works.
Section 79b(a) of this title, referred to in subsec. (b)(2), was
in the original "section 101(a)(2) of this amendment", meaning
section 101(a)(2) of Pub. L. 95-250, which amended section 79b(a)
of this title.

-COD-
CODIFICATION
"Section 3114(a)-(d) of title 40" substituted in subsec. (b)(2)
for "section 258a of title 40, United States Code" on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings,
Property, and Works.


-MISC1-
AMENDMENTS
1978 - Subsec. (a). Pub. L. 95-250, Sec. 101(a)(3), inserted
provisions authorizing the Secretary to accept donations of lands
owned by the State of California subject to such preexisting
reverters and other conditions as may appear in the title to those
lands and such other reverters and conditions as may be consistent
with the use and management of the donated lands as a portion of
the Redwood National Park and further authorizing the Secretary to
expend appropriated funds for permanent improvements on the donated
lands in a manner not inconsistent with the reverters and other
conditions.
Subsec. (b)(1). Pub. L. 95-250, Sec. 101(a)(4), expanded existing
provisions, effective Mar. 27, 1978, by inserting references to the
vesting in the United States of all right, title, and interest in,
and right to immediate possession of, all real property, and to
immediate possession of down tree personal property, within the
area indicated as "Proposed Additions" on the map entitled
"Additional Lands, Redwood National Park, California", numbered
167-80005-D and dated March 1978, and inserted two unlettered
paragraphs relating, respectively, to the removal of down tree
personal property and to the continued access and use of acquired
roads.
Subsec. (b)(2). Pub. L. 95-250, Sec. 101(a)(5), struck out
provision for the bringing of actions in the Court of Claims, as
provided in section 1491 of title 28, against the United States for
the recovery of just compensation for the land and interests
therein taken by the United States and inserted provisions
directing that such actions, as well as actions for down tree
personal property taken, be brought in the United States district
court for the district where the land is located without regard to
the amount claimed, authorizing the United States to initiate
proceedings to determine just compensation and to deposit the
estimated just compensation in the registry of the court, making
provision for the revestment of title in cases where the Secretary
determines that fee simple title is not necessary, and otherwise
relating to the right-of-way for a new bypass highway.
Subsec. (e). Pub. L. 95-250, Sec. 101(a)(6), substituted "until
after he has notified the President of the Senate" for "until sixty
days after he has notified the President of the Senate" in existing
provisions and inserted provisions relating to the availability of
funds for the acquisition of interests in land, the implementation
of contracts and cooperative agreements pursuant to this
subsection, and rehabilitative activities generally designed to
minimize erosion and sedimentation in ways designed to assure
adequate protection for Redwood National Park, contribute to the
economic revival of Del Norte and Humboldt Counties in northern
California, and provide employment opportunities to individuals
affected by taking of land and interests in land.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 79c-1, 79e, 79f, 79g,
79k, 79m of this title.

-End-



-CITE-
16 USC Sec. 79c-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79c-1. Vesting in United States of all right, title, etc., in
real property and down tree personal property in additional
lands; effective date; authorization of appropriations

-STATUTE-
Notwithstanding any provision of this subchapter the vesting in
the United States of all right, title, and interest in, and the
right to immediate possession of, all real property and all down
tree personal property within the area indicated as "Proposed
Additions" on the map entitled "Additional Lands, Redwood National
Park, California," numbered 167-80005-D and dated March 1978, as
established by section 79c(b)(1) of this title, shall be effective
on March 27, 1978. The provisions of section 79c(b)(3) of this
title, shall also relate to the effective date of this section.
From the appropriations authorized for fiscal year 1978 and
succeeding fiscal years such sums as may be necessary may be
expended for the acquisition of lands and interests in lands, and
down tree personal property, authorized to be acquired, or
acquired, pursuant to the provisions of this Act.

-SOURCE-
(Pub. L. 95-250, title I, Sec. 101(c), Mar. 27, 1978, 92 Stat.
166.)

-REFTEXT-
REFERENCES IN TEXT
Section 79c(b)(1) of this title, referred to in text, was in the
original "subsection (a)(4) of the first section of this Act",
meaning section 101(a)(4) of Pub. L. 95-250, which amended section
79c(b)(1) of this title.
This Act, referred to in text, means Pub. L. 95-250, Mar. 27,
1978, 92 Stat. 163, as amended, which, insofar as classified to the
Code, enacted sections 79c-1 and 79k to 79q of this title, amended
sections 1a-1, 79b, and 79c of this title, and enacted provisions
set out as a note under section 79k of this title. For complete
classification of this Act to the Code, see Tables.
The effective date of this section, referred to in text, probably
means the date of enactment of section 101 of Pub. L. 95-250, which
was approved Mar. 27, 1978.

-COD-
CODIFICATION
Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,
82 Stat. 931, which comprises this subchapter.

-End-



-CITE-
16 USC Sec. 79d 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79d. Acquisition of lands

-STATUTE-
(a) Owner's retention of right of use and occupancy for
noncommercial residential purposes for fixed term of years or for
life; election of term; fair market value; termination of use and
occupancy inconsistent with stated purpose and upon payment of
sum for unexpired right
The owner of improved property on the date of its acquisition by
the Secretary under this subchapter may, as a condition of such
acquisition, retain for himself and his heirs and assigns a right
of use and occupancy of the improved property for noncommercial
residential purposes for a definite term of not more than
twenty-five years or, in lieu thereof, for a term ending at the
death of the owner or the death of his spouse, whichever is later.
The owner shall elect the term to be reserved. Unless the property
is wholly or partially donated to the United States, the Secretary
shall pay the owner the fair market value of the property on the
date of acquisition minus the fair market value on that date of the
right retained by the owner. A right retained pursuant to this
section shall be subject to termination by the Secretary upon his
determination that it is being exercised in a manner inconsistent
with the purpose of this subchapter, and it shall terminate by
operation of law upon the Secretary's notifying the holder of the
right of such determination and tendering to him an amount equal to
the fair market value of that portion of the right which remains
unexpired.
(b) "Improved property" defined
The term "improved property", as used in this section, means a
detached, noncommercial residential dwelling, the construction of
which was begun before October 9, 1967, together with so much of
the land on which the dwelling is situated, the said land being in
the same ownership as the dwelling, as the Secretary shall
designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use,
together with any structures accessory to the dwelling which are
situated on the land so designated.
(c) Sale or lease of certain realty to former owner; conditions and
restrictions
The Secretary shall have, with respect to any real property
acquired by him in sections 5 and 8, township 13 north, range 1
east, Humboldt meridian, authority to sell or lease the same to the
former owner under such conditions and restrictions as will assure
that it is not utilized in a manner or for purposes inconsistent
with the national park.

-SOURCE-
(Pub. L. 90-545, Sec. 4, Oct. 2, 1968, 82 Stat. 933.)

-End-



-CITE-
16 USC Sec. 79e 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79e. Exchange of property; cash equalization payments;
commercial operations, minimum economic dislocation and
disruption

-STATUTE-
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property within the
boundaries of the park, and outside of such boundaries within the
limits prescribed in this subchapter. Notwithstanding any other
provision of law, the Secretary may acquire such property from the
grantor by exchange for any federally owned property under the
jurisdiction of the Bureau of Land Management in California, except
property needed for public use and management, which he classifies
as suitable for exchange or other disposal, or any federally owned
property he may designate within the Northern Redwood Purchase Unit
in Del Norte County, California, except that section known and
designated as the Yurok Experimental Forest, consisting of
approximately nine hundred and thirty-five acres. Such federally
owned property shall also be available for use by the Secretary in
lieu of, or together with, cash in payment of just compensation for
any real property taken pursuant to section 79c(b) of this title.
The values of the properties so exchanged either shall be
approximately equal or, if they are not approximately equal, the
value shall be equalized by the payment of cash to the grantor or
to the Secretary as the circumstances require. Through the exercise
of his exchange authority, the Secretary shall, to the extent
possible, minimize economic dislocation and the disruption of the
grantor's commercial operations.

-SOURCE-
(Pub. L. 90-545, Sec. 5, Oct. 2, 1968, 82 Stat. 933.)

-End-



-CITE-
16 USC Sec. 79f 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79f. Transfer of property from Federal agency to
administrative jurisdiction of Secretary

-STATUTE-
Notwithstanding any other provision of law, any Federal property
located within any of the areas described in sections 79b and 79c
of this title may, with the concurrence of the head of the agency
having custody thereof, be transferred without consideration to the
administrative jurisdiction of the Secretary for use by him in
carrying out the provisions of this subchapter.

-SOURCE-
(Pub. L. 90-545, Sec. 6, Oct. 2, 1968, 82 Stat. 934.)

-End-



-CITE-
16 USC Sec. 79g 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79g. Contract authorization within prescribed cost limits;
installments: duration, interest; provisions for payment of
judgments and compromise settlements applicable to judgments
against United States

-STATUTE-
(a) Notwithstanding any other provision of law, the Secretary
shall have the same authority with respect to contracts for the
acquisition of land and interests in land for the purposes of this
subchapter as was given the Secretary of the Treasury for other
land acquisitions by section 3171 of title 40, and the Secretary
and the owner of land to be acquired under this subchapter may
agree that the purchase price will be paid in periodic installments
over a period that does not exceed ten years, with interest on the
unpaid balance thereof at a rate which is not in excess of the
current average market yield on outstanding marketable obligations
of the United States with remaining periods to maturity comparable
to the average maturities on the installments.
(b) Judgments against the United States, including final partial
judgments and compromise settlements of claims referred to the
Attorney General for defense of suits against the United States,
for amounts in excess of the deposit in court in actions under
section 79c of this title shall be paid in accordance with the
provisions of section 1304 of title 31, and section 2414 of title
28. Final partial judgments and compromise settlements are payable
only after certification by the Attorney General to the Comptroller
General that it is in the interest of the United States to do so.

-SOURCE-
(Pub. L. 90-545, Sec. 7, Oct. 2, 1968, 82 Stat. 934; Pub. L.
99-151, title II, Sec. 203, Nov. 13, 1985, 99 Stat. 807.)

-COD-
CODIFICATION
"Section 3171 of title 40" substituted in subsec. (a) for
"section 34 of the Act of May 30, 1908 (35 Stat. 545; 40 U.S.C.
261)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,
116 Stat. 1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.


-MISC1-
AMENDMENTS
1985 - Subsec. (b). Pub. L. 99-151, in amending subsec. (b)
generally, inserted provisions relating to final partial judgments
and compromise settlements, substituted reference to actions under
section 79c of this title for reference to condemnation actions,
and deleted reference to section 2517 of title 28.

-End-



-CITE-
16 USC Sec. 79h 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79h. Memorial groves named for benefactors

-STATUTE-
The present practice of the California Department of Parks and
Recreation of maintaining memorial groves of redwood trees named
for benefactors of the State redwood parks shall be continued by
the Secretary in the Redwood National Park.

-SOURCE-
(Pub. L. 90-545, Sec. 8, Oct. 2, 1968, 82 Stat. 934.)

-End-



-CITE-
16 USC Sec. 79i 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79i. Administration

-STATUTE-
The Secretary shall administer the Redwood National Park in
accordance with the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented.

-SOURCE-
(Pub. L. 90-545, Sec. 9, Oct. 2, 1968, 82 Stat. 934.)

-End-



-CITE-
16 USC Sec. 79j 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79j. Authorization of appropriations

-STATUTE-
There are hereby authorized to be appropriated $92,000,000 for
land acquisition to carry out the provisions of this subchapter.

-SOURCE-
(Pub. L. 90-545, Sec. 10, Oct. 2, 1968, 82 Stat. 934.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 79c of this title.

-End-



-CITE-
16 USC Sec. 79k 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 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

-STATUTE-
(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 sections 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) of this section 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 this subchapter. 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.

-SOURCE-
(Pub. L. 95-250, title I, Sec. 102(a), (b), Mar. 27, 1978, 92 Stat.
166, 167.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 95-250, Mar. 27,
1978, 92 Stat. 163, as amended, which, insofar as classified to the
Code, enacted sections 79c-1, 79k to 79q of this title, amended
sections 1a-1, 79b, and 79c of this title, and enacted provisions
set out as a note under section 79k of this title. For complete
classification of this Act to the Code, see Tables.
Sections 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 sections 79b and 79c of this title.

-COD-
CODIFICATION
Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,
82 Stat. 931, which comprises this subchapter.


-MISC1-
STUDY OF TIMBER HARVEST SCHEDULING ALTERNATIVES FOR SIX RIVERS
NATIONAL FOREST; SCOPE; REPORT TO CONGRESS
Section 102(c) of Pub. L. 95-250 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
Section 109 of Pub. L. 95-250 provided that: "Unless otherwise
indicated hereinbefore, a reference to the Secretary will refer to
the Secretary of the Department of the Interior, except in
subsections 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."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 79m of this title.

-End-



-CITE-
16 USC Sec. 79l 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79l. Employment of personnel for rehabilitation, protection,
and improvements of additional lands

-STATUTE-
(a) Appointment and compensation of personnel for implementation of
protection and enhancement programs
In order to utilize the skills of individuals presently working
in the woods and in the mills to the greatest degree possible to
both ease the personal economic effects of this taking, and to
assist in the necessary rehabilitation, protection, and improvement
of lands acquired by this Act through implementation of sound
rehabilitation and land use practices, the Secretary shall have
power to appoint and fix the compensation of seven full-time and
thirty-one temporary personnel to assist in carrying out such
programs necessary for the protection and enhancement of Redwood
National Park.
(b) Appointment and compensation of personnel for administration of
expanded Park; appointment, etc., of additional personnel
In order to effectively administer the expanded Redwood National
Park created by this Act in a manner that will provide maximum
protection to its resources and to provide for maximum visitor use
and enjoyment to ease the local economic effects of this taking,
the Secretary shall have power to appoint and fix the compensation
of two full-time and twenty temporary employees in the competitive
service. The Secretary shall further have power to appoint and fix
the compensation of an additional thirty-two full-time and forty
temporary employees in the competitive service as provided by this
subsection at the time of the donation of those park lands or
interests in land owned by the State of California as are within
the boundaries of Redwood National Park as provided herein. In
filling these positions, preference shall be given to those State
employees affected by this transfer for a period not to exceed six
years from the date of transfer; permanent State civil service
employees shall be provided the opportunity to transfer to a
comparable Federal civil service classification notwithstanding
applicable civil service laws and regulations.
(c) Job positions subject to preferential treatment for affected
employees
An affected employee shall be given full consideration for
certain civilian jobs as provided in this section both with the
Federal Government and with those private employers that have
certain undertakings or programs that involve Federal participation
or approval for the period beginning on March 27, 1978, and ending
September 30, 1984, if the positions will be primarily located in
Humboldt or Del Norte Counties or other counties in California
adjacent thereto, and if the employee is otherwise qualified under
this section.
(d) Procedures applicable to Federal agencies for creating or
filling job positions; applicants subject to preferential
treatment; considerations for employment
(1) Any Federal agency that is creating or filling a civilian
Federal job that is within the scope of clause (2)(A) of this
subsection, pursuant to contract, civil service merit system, or
otherwise, that will be primarily located in Humboldt or Del Norte
Counties, California, or other counties in California adjacent
thereto, must provide notice in advance of the availability of that
job and must provide qualified affected employee applicants for
these positions with full consideration for these positions if the
further conditions set forth in clause (2)(B) of this subsection
are met. The notice required by this paragraph shall be as provided
by applicable law and regulation through the offices of the
Employment and Training Services located in Humboldt and Del Norte
Counties, California, and through such other means as are likely to
gain the attention of affected employees.
(2) Consideration for employment under this section shall be
provided under the following conditions:
(A) the job involves skills and training that could reasonably
be expected to have been gained by individuals who have been
employed as logging and related woods employees or sawmill,
plywood, and other wood processing employees, or office
employees, or that can reasonably be expected to be gained while
so employed, or pursuant to retraining as provided herein; and
(B) the applicant has the ability, or can reasonably be
expected to have the ability after appropriate training of
reasonable duration as further provided herein, to perform the
duties of the job: Provided, That the full consideration shall
not be required with respect to those affected employee
applicants requiring training in a situation where the schedule
for completion of the work is such that the period during which
said employee can reasonably be expected to work following
completion of training is determined by the Secretary to be
incommensurate with the time and funds required to provide said
employee with the necessary training.
(e) Private employer requirements for filling covered employment
positions with affected employees pursuant to Federal contracts,
etc.; procedures applicable and considerations for employment
(1) Any Federal agency involved in the manner provided herein
with a private employer responsible for filing (!1) an employment
position that is within the scope of clause (2)(A) of subsection
(d) of this section, that will be primarily located in Humboldt or
Del Norte Counties, or other counties in California adjacent
thereto, is directed to require that any Federal contracts, grants,
subsidies, loans, or other forms of funding assistance, and any
Federal lease, permit, license, certificate, or other entitlement
for use, not constituting an existing property right as of March
27, 1978, that is a condition to or a requirement of the conduct of
harvesting and related activities or replanting and land
rehabilitation or the conduct of wood processing and related
activities or the conduct of highway construction and related
activities shall be subject to and conditioned upon said private
employer giving full consideration to affected employees as
provided herein.

(2) Any private employer who participates with a Federal agency
in the manner described above and who is, accordingly, subject to
the requirements as provided herein, shall -
(A) provide notice of the availability of those jobs described
in subsection (d)(2)(A) of this section in the manner generally
provided by subsection (d)(1) of this section; and
(B) provide full consideration to qualified affected employee
applicants for these positions if the further conditions
established by clause (2)(B) of subsection (d) of this section
are met.
(f) Agreements with affected employers and industry employers for
full consideration to employment of affected employees formerly
employed by affected employers; implementation
The Secretary is directed to seek and authorized to enter into
agreements with affected employers and industry employers providing
that full consideration shall be given with respect to the
employment of affected employees who had been employed by affected
employers in jobs that may become available in Humboldt and Del
Norte Counties and other counties adjacent thereto. The execution
and carrying out of such an agreement, or the giving of full
consideration to the employment of affected employees under
subsection (c) of this section, shall not subject an employer to
any additional liability or obligations under any Federal or State
equal employment law, rule, regulation, or order.
(g) Implementation of requirements
(1) The Secretary, except as otherwise provided, shall be
responsible for the implementation of this section and -
(A) is authorized and directed to make needed training
available, upon application, to an affected employee applicant
who, although not presently qualified for a position, can be
reasonably expected to be qualified after appropriate training;
(B) is authorized to take such actions as may be necessary to
ensure that an affected employee is not denied full consideration
because of the need for training where there is no substantial
reason to believe that the applicant would be unable to perform
the duties of the job after proper training. If the job is one
which must be filled while the affected employee would be in
training, the Secretary shall encourage the employer to fill the
job only on a temporary basis subject to the successful
completion of the training by the affected employee;
(C) shall require that, in a case in which two or more affected
employee applicants have approximately equal qualifications for a
job for which they are to receive full consideration, that
applicant with the greatest creditable service shall be given
preference among those applicants entitled to full consideration;
and
(D) upon the filing of a complaint by an employee who alleges
that said employee's rights to full consideration were
disregarded, the Secretary shall make a finding on the merits of
such complaint. If it is determined that there has been
noncompliance with this section, the Secretary shall take such
action as may be appropriate to correct the situation.

(2) To assist in implementing this section, agencies shall notify
the Secretary, in advance, of any job opening as provided for by
subsection (d) of this section and of any Federal commitment as
provided for by subsection (e) of this section.
(3) The Secretary shall -
(A) seek the cooperation of the State of California and the
county and local governments within Humboldt and Del Norte
Counties in the implementation of the provisions of this section
and in the adoption of similar provisions for full consideration
of affected employees with regard to State, county, and local
jobs and activities; and
(B) appoint, from among nominees proposed by certified or
recognized unions representing employees, a person or persons who
shall serve as the Secretary's liaison with employees and their
union and as consultant to the Secretary with regard to the
administration of those provisions of this Act for which the
Secretary is responsible.
(h) Judicial review of determination of Secretary respecting
employee, etc.; procedures applicable
An employee, a group of employees, a certified or recognized
union, or an authorized representative of such employee or group,
aggrieved by any determination by the Secretary under this Act
shall be entitled to judicial review of such determination in the
same manner and under the same conditions as provided by section
2395 of title 19, except that such review shall be in the
appropriate court of appeals of the United States, and the judgment
of such court shall be subject to review by the Supreme Court of
the United States upon certiorari or certification as provided in
section 1254 of title 28.
(i) Additional or alternative rights under existing labor laws,
regulations, or contracts unaffected; compensation of employees
appointed to Federal jobs
Nothing in this section shall be construed to affect any
additional or alternative rights under a law, regulation, or
contract (including, but not limited to, veteran preference and
contracts between private employers and unions) in effect as of
March 27, 1978, and the implementation of this section shall be
carried out in accord with applicable civil service laws and
regulations except as otherwise provided for in this section.
Employees appointed to Federal jobs pursuant to this section shall
have their compensation fixed at rates not to exceed that now or
hereafter prescribed for the highest rate of grade 15 of the
General Schedule under section 5332 of title 5.

-SOURCE-
(Pub. L. 95-250, title I, Sec. 103, Mar. 27, 1978, 92 Stat. 167;
Pub. L. 96-417, title VI, Sec. 602, Oct. 10, 1980, 94 Stat. 1744;
Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(b)],
Oct. 21, 1998, 112 Stat. 2681-337, 2681-417.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a), (b), (g)(3)(B), and (h),
means Pub. L. 95-250, Mar. 27, 1978, 92 Stat. 163, as amended,
which, insofar as classified to the Code, enacted sections 79c-1,
79k to 79q of this title, amended sections 1a-1, 79b, and 79c of
this title, and enacted provisions set out as a note under section
79k of this title. For complete classification of this Act to the
Code, see Tables.
The civil service laws, referred to in subsec. (b), are set forth
in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.

-COD-
CODIFICATION
Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968,
82 Stat. 931, which comprises this subchapter.


-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(b)(1)], struck out at end "In filling these positions,
preference shall be given to affected employees (as defined in
title II of this Act) for a period ending on September 30, 1984,
notwithstanding applicable civil service laws and regulations."
Subsec. (b). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
405(b)(2)], struck out after first sentence "In filling these
positions, preference shall be given to affected employees (as
defined in title II) for a period ending on September 30, 1984,
notwithstanding applicable civil service laws and regulations."
1980 - Subsec. (h). Pub. L. 96-417 substituted provision for
judicial review under section 2395 of title 19 for review under
section 2322 of title 19 and provided for review in the appropriate
court of appeals of the United States and for review of the
judgment of the court of appeals by the Supreme Court of the United
States upon certiorari or certification as provided in section 1254
of title 28.

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and
applicable with respect to civil actions pending on or commenced on
or after such date, see section 701(a) of Pub. L. 96-417, set out
as a note under section 251 of Title 28, Judiciary and Judicial
Procedure.

REFERENCE TO SECRETARY AS REFERENCE TO SECRETARY OF DEPARTMENT OF
THE INTERIOR; EXCEPTION
Reference to Secretary, unless otherwise indicated, as reference
to Secretary of Department of the Interior, except for purposes of
subsecs. (d) to (i) of this section, where reference to Secretary
shall refer to Secretary of the Department of Labor, see section
109 of Pub. L. 95-250, set out as a note under section 79k of this
title.

-FOOTNOTE-
(!1) So in original. Probably should be "filling".


-End-



-CITE-
16 USC Sec. 79m 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII - REDWOOD NATIONAL PARK

-HEAD-
Sec. 79m. Annual reporting requirements; contents; comprehensive
general management plan; submission date and scope

-STATUTE-
(a) The Secretary shall submit an annual written report to the
Congress on January 1, 1979, and annually thereafter for ten years,
reporting on the status of payment by the Secretary for real
property acquired pursuant to section 79c(b)(1) and section 79b of
this title; the status of the actions taken regarding land
management practices and watershed rehabilitation efforts
authorized by section 79c(e) and section 79k(b) of this title; the
status of the efforts to mitigate adverse economic impacts as
directed by this Act; this (!1) status of National Park Service
employment requirements as authorized by section 79l of this title; (continued)