Page:United States Statutes at Large Volume 100 Part 5.djvu/813

 PUBLIC LAW 99-663—NOV. 17, 1986

100 STAT. 4287

nances. Upon concurrence of such land use ordinances by the Secretary they shall supersede any special management area land use ordinances for the county development by the Commission, subject to valid existing rights. (n) EFFECT OF SECRETARY'S NON-CONCURRENCE.—If the Secretary

does not concur in any land use ordinance approved or adopted by the Commission pursuant to this section, the availability of certain funds to the relevant county shall be governed by section 16(c) of this Act. (o) SPECIAL RULES.—Any ordinance adopted pursuant to this section shall not apply to any parcel or parcels of land within a special management area if, after the date such ordinance has been adopted, three years have elapsed after a landowner has made a bona fide offer to sell at fair market value or otherwise convey such parcel or parcels to the Secretary, unless the affected landowner agrees to an extension of the three year period: Provided, That an offer shall not be considered bona fide if the landowner refuses consideration equal to the fair market value as appraised in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 1973). Lands for which an ordinance is suspended pursuant to this subsection shall be subject to the relevant scenic area land use ordinance adopted pursuant to section 7 of this Act. SEC. 9. LAND ACQUISITION.

16 USC 544g.

(a) ACQUISITION AUTHORIZED,—(1) The Secretary is authorized to acquire any lands or interests therein within the special management areas and the Dodson/Warrendale Special Purchase Unit which the Secretary determines are needed to achieve the purposes of this Act: Provided, That any lands, waters, or interests therein State and local owned by either State or any political subdivision thereof may be governments. Gifts and acquired only by donation or exchange. property. (2) Lands within the State of Oregon acquired by the Secretary National Forest pursuant to this Act shall become part of the Mount Hood National System. Forest. Lands within the State of Wgishington acquired by the Secretary pursuant to this section shall become part of the Gifford Pinchot National Forest. All lands acquired by the Secretary pursuant to this Act shall be subject to the laws and regulations pertaining to the National Forest System and this Act. (b) LIMITATIONS ON EMINENT DOMAIN.—

(1) Where authorized in subsection (a) of this section to acquire land or interests therein without the consent of the owner, the Secretary shall— (A) acquire only such land or interests therein as is reasonably necessary to accomplish the purposes of this Act; and (B) do so only in cases where all reasonable efforts to acquire with the consent of the owner such lands, or interests therein, have failed. (2) Notwithstanding the provisions of subsection (a) of this section, the Secretary may not acquire without the consent of the owner lands or interests therein which— (A) on the date of enactment of this Act, were used primarily for educational, religious, or charitable purposes, single-family residential purposes, farming, or grazing so long as the existing character of that use is not substantially changed or permitted for change;

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