Page:United States Statutes at Large Volume 110 Part 6.djvu/399

 PUBLIC LAW 104-333—NOV. 12, 1996 110 STAT. 4221 (5) VACANCIES. —The Secretary shall fill a vacancy on the advisory council in the same manner as the original appointment. (6) COMPENSATION. —Members of the advisory council shall receive no compensation for their service on the advisory council. (f) GENERAL PROVISIONS.— ^ (1) LAND ACQUISITION. — (A) IN GENERAL. — Subject to the other provisions of this section, the Secretary may acquire any lands or interests in land in the Scenic Recreation Area or the Opal Creek Wilderness that the Secretary determines are needed to carry out this section. (B) PUBLIC LAND.— Any lands or interests in land owned by a State or a political subdivision of a State may be acquired only by donation or exchange. (C) CONDEMNATION. —Within the boundaries of the Opal Creek Wilderness or the Scenic Recreation Area, the Secretary may not acquire any privately owned land or interest in land without the consent of the owner unless the Secretary finds that— (i) the nature of Isind use has changed significantly, or the landowner has demonstrated intent to change the land use significantly, from the use that existed on the date of the enactment of this Act; and (ii) acquisition by the Secretary of the land or interest in land is essential to ensure use of the land or interest in land in accordance with the purposes of this title or the management plan prepared under subsection (d)(2). (D) Nothing in this section shall be construed to enhance or diminish the condemnation authority avsiilable to the Secretary outside the boundaries of the Opal Creek Wilderness or the Scenic Recreation Area. (2) ENVIRONMENTAL RESPONSE ACTIONS AND COST RECOVERY. — (A) RESPONSE ACTIONS. — Nothing in this section shall limit the authority of the Secretary or a responsible party to conduct an environmental response action in the Scenic Recreation Area in connection with the release, threatened release, or cleanup of a hazardous substance, pollutant, or contaminant, including a response action conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (B) LIABILITY. — Nothing in this section shall limit the authority of the Secretary or a responsible party to recover costs related to the release, threatened release, or cleanup of any hazardous substance or pollutant or contaminant in the Scenic Recreation Area. (3) MAPS AND DESCRIPTION.— (A) IN GENERAL. —As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a boundary description for the Opal Creek Wilderness and for the Scenic Recreation Area with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

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