Page:United States Statutes at Large Volume 92 Part 1.djvu/219

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-250—MAR. 27, 1978 erally described by section 258a of title 40, United States Code. Interest shall not be allowed on such amounts as shall have been paid into the court. I n the event that the Secretary determines that the fee simple title to any property (real or personal) taken under this section is not necessary for the purposes of this Act, he may, with particular attention to minimizing the payment of severance damages and to allow for the orderly removal of down timber, revest title to such property subject to such reservations, terms, and conditions, if any, as he deems appropriate to carry out the purposes of this Act, 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 p a i d; 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. I f the State of California designates a right-of-way for a bypass highway around the eastern boundary of P r a i r i e Creek Redwood State P a r k 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 P a r k, shall thereupon donate the designated right-of-way to the State of California for a new bypass highway from a point south of P r a i r i e Creek Redwood State P a r k through the drainage of May Creek and Boyes Creek to extend along the eastern boundary of P r a i r i e Creek Redwood State P a r k within H u m b o l d t 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 101(a)(2) of this amendment effective on the date of enactment of this section.". (6) I n subsection 3(e), delete "sixty d a y s " in the last sentence and add the following sentences at the end of the subsection: "Effective on the date of enactment of this sentence, there are made available from the amounts provided in section 10 herein or as may be hereafter pro^'ided 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 governmeaital 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 appro-

92 STAT. 165

Interest. Title revestmeiit.

Down timber, sale. 40 USC 471 note. Highway right-ofway, land acquisition.

Land acquisition, availability of funds. 16 USC 79c. 16 USC 79]. i

contracts and agreements, appropriation authorization. Retention of senior employees. Land rehabilitation, contracts and cooperative agreements.