Page:United States Statutes at Large Volume 91.djvu/1461

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-200—NOV. 23, 1977 quality standards referred to in section 2(a) and (b) hereof and, therefore, with respect to the necessity for an alteration or prohibition of any such proffram, practice, use, regulation, or boundary adjustment as required in section 2(a) hereof, an arbitration board for resolving such disagreements shall be established. The Secretary and the city shall, each, forthwith appoint one member to such board and those two members shall select a third. In the event agreement cannot be reached on the third member within seven days after the appointment of the first two, the third member shall be appointed by the presiding judge of the United States District Court for the District of Oregon within seven days after being notified of such disagreement by either of the first two members. All of said members shall be qualified to make a scientific determination of the facts. The contentions of the city and the Secretary shall be submitted to the board in the form of written contentions of fact together with the evidence and analysis that tends to support the position being presented. The board shall forthwith consider and decide, on a scientific basis, the issues in disagreement by majority vote, taking into consideration the evidence and data presented by the parties and such other tests and data which the board by majority vote may require. The decision of such board shall be in the form of written findings of fact and conclusions based thereon and shall be final and binding on the parties. The Secretary and the city shall compensate their designees and share equally the compensation of the third member, and shall provide such technical and administrative support as required. (e) The Secretary is authorized, after consultation with the city, to promulgate regulations for controlling entry into the unit by all persons including but not limited to— (1) employees or contractors of the city engaged in the inspection, maintenance, construction, or improvement of the city's facilities; (2)(i) Federal, State, and local government officers and (ii) employees thereof acting in an official capacity; (3) Federal, State, and local government permittees and contractors conducting authorized activities; (4) members of advisory groups formed pursuant to this Act or ordinances of the city in the performance of their official duties: Provided, That no regulation promulgated pursuant to this subsection shall prohibit ingress or egress to non-Federal lands or to authorized occupancies on, or uses of. Federal lands: Provided further, That the Secretary may independently and directly prohibit or restrict all entry into the unit during fire or other emergencies as he may determine.

91 STAT. 1427

Members, appointment.


Decisions. Compensation and administrative support. Regulations.



SEC. 3. (a) Nothing in this Act shall terminate or affect any lease, permit, contract, patent, right-of-way, or other land use right or authorization existing on the date of approval of this Act and otherwise valid except for the provisions of section 1862 of title 18 of the United States Code. (b) Nothing in this Act shall in any way affect any law governing appropriation or use of, or Federal right to, water on National Forest System lands; or as expanding or diminishing Federal, State, or local jurisdiction, responsibility, interests, or rights in water resources development or control. ,

Savings provision. 16 USC 482b note.