16 U.S.C. § 471j — Headwaters Forest and Elk River Property acquisition

(a) Authorization: Congress lets the government spend up to $250,000,000 from the Land and Water Conservation Fund to buy land in Humboldt County, California. The land includes about 4,500 acres called the "Headwaters Forest," about 1,125 acres called the "Elk Head Forest," and about 9,600 acres called the "Elk River Property." This section is the only law that allows the government to buy this land, which is covered by a September 28, 1996 agreement among the United States, California, MAXXAM Inc., and the Pacific Lumber Company. Of the Elk River Property, the United States and California keep about 1,845 acres and hand over about 7,755 acres to Pacific Lumber Company. The exact boundaries come from survey maps approved on August 29, 1997, kept at the Bureau of Land Management office in Sacramento. The Secretary of the Interior may fix typos or small errors in the description if all parties to the 1996 agreement agree. The roughly 7,470 acres the government keeps become the "Headwaters Forest." If the government later wants to grow the Headwaters Forest by more than 5 acres in any single purchase, Congress must pass a new law allowing it. Smaller purchases -- up to 5 acres at a time, or land needed for access roads -- can still use existing authority. (b) Effective period of authorization: This authorization ends on March 1, 1999. Before then, it only becomes usable once all eight of these things happen: (1) California contributes $130,000,000 toward the deal; (2) California approves a Sustained Yield Plan covering Pacific Lumber Company's timberland; (3) Pacific Lumber Company drops two specific lawsuits -- Pacific Lumber Co. v. United States and Salmon Creek Corp. v. California Board of Forestry -- and proves it in writing; (4) the U.S. Fish and Wildlife Service and National Marine Fisheries Service issue an "incidental take permit" under the Endangered Species Act, based on a habitat plan covering Pacific Lumber Company's land; (5) the government appraises all the land, the Comptroller General reviews that appraisal for up to 30 days, and the appraisal goes to the House Committee on Resources, the Senate Committee on Energy and Natural Resources, and both chambers' Appropriations Committees; (6) the Secretary of the Interior sends those same committees an opinion of the land's value, including the total value of everything offered in the deal, including tax benefits; (7) an Environmental Impact Statement for the habitat plan is finished under the National Environmental Policy Act; and (8) the government makes adequate plans for public access to the land. (c) Acquisition: Even though other laws might say otherwise, the government can pay an amount different from the appraised value if the Secretary of the Interior tells Congress in writing that doing so is in the country's best interest. (d) Habitat conservation plan: (1) Applicable standards -- within 60 days of November 14, 1997, the Secretaries of the Interior and Commerce must report to the Senate Energy Committee and House Resources Committee on the scientific and legal rules used to judge threatened, endangered, and candidate species for the habitat plan and permit. (2) Report -- if Pacific Lumber Company applies for the incidental take permit and does not get it, the Fish and Wildlife Service and National Marine Fisheries Service must tell Congress, within 60 days of the denial or by May 1, 1999 (whichever comes first), why the company's plan did not meet the requirements. (3) HCP standards -- if the permit is issued, it only applies to this one deal. It does not set a stricter or looser standard for any other habitat conservation plan. (e) Payment to Humboldt County: Within 30 days of buying the Headwaters Forest, the Secretary of the Interior must pay Humboldt County, California $10,000,000 directly. (f) Payment in lieu of taxes: The federal share of the Headwaters Forest counts as "entitlement land" under 31 U.S.C. § 6905, meaning the county gets ongoing payments in place of property taxes. (g) Out-year budget limitations: Three rules apply to managing the Headwaters Forest. (1) At least half of yearly management spending above $100,000 must come from sources other than the federal government -- except money for law enforcement or emergencies. (2) The federal government may spend up to $300,000 a year on management -- again except for law enforcement or emergencies -- if Congress appropriates it. (3) The Secretary of the Interior, or the Trust described in subsection (h), can accept donated money and property from California, private individuals, and other non-government groups to help manage the forest. (h) Headwaters Forest Management Trust: With the written agreement of California's Governor, the Secretary of the Interior may create a "Headwaters Forest Management Trust" to run the forest. (1) Management authority -- the Trust would have five trustees serving three-year terms: two picked by California's Governor and three by the U.S. President. The first trustees start within 60 days of the Trust being created. The Secretary of the Interior, California's Secretary of Resources, and the Chair of the Humboldt County Board of Supervisors sit on the board too, but cannot vote. The Secretary may give the Trust grants from money Congress provides. (2) Operations -- the Trust's job is to write and carry out the management plan. (i) Management plan: (1) In general -- the Secretary of the Interior, working with California (or the trustees, if the Trust is created), must write a clear management plan and update it as needed. (A) The plan's goals are to protect and study the land, fish, wildlife, and forest while allowing public recreation and meeting other needs. (B) Before adopting a management structure or plan, the Secretary or the trustees must send a proposal to the Senate Energy Committee and House Resources Committee; the plan cannot take effect until 90 days after that. (C) Each year, the Secretary or trustees must report to the Senate Energy Committee, House Resources Committee, and both Appropriations Committees on how the land is being managed. (2) Plan -- the plan must cover: (A) what scientific research on forests, fish, and wildlife will be allowed; (B) recreation opportunities; (C) how people can access the forest; (D) building only the minimum facilities needed, to protect the forest's ecology; (E) any other management needs; and (F) a yearly budget, including expected income (like research and recreation fees) and expected costs. (3) Compliance -- the National Environmental Policy Act applies to writing and carrying out this plan. (j) Cooperative management: (1) The Secretary of the Interior can make agreements with California to jointly manage the Headwaters Forest, Redwood National Park, and nearby state land -- trading goods and services -- if money is available and the Secretary decides it serves the country's best interest. (2) Under a separate law (5 U.S.C. § 3372), the Secretary can arrange for a federal or state employee to work on either government's land, for as long as both sides find useful.