Page:United States Statutes at Large Volume 96 Part 2.djvu/1178

 96 STAT. 2540 Monetary credits.

Fair market value.

Appropriation authorization.

PUBLIC LAW 97-466—JAN. 13, 1983

(B) Upon voluntary surrender and relinquishment by the owner of all nonfederally owned coal deposits and other mineral interests and rights in the Cranberry Wilderness, the Secretary shall extend to the owner, its successors and assigns, a monetary credit to be used against that portion of payment, bonus pa3anents, rental or royalty payments paid into the Treasury of the United States and retained by the Federal Government on any mineral, oil, or gas lease or other Federal property competitively won or otherwise held by the applicant, its successors, or assigns. The monetary credit may be transferred or sold at any time by the owner to any other party with all the rights of the owner to the credit, and after such transfer, the owner shall notify the Secretary. In lieu of the monetary credits described above, the Secretary may, at his sole option, purchase the mineral rights referred to above. (C) Monetary credits authorized pursuant to this subsection shall be based on the fair market value of the owner's mineral interests as determined pursuant to subsection (c) of this section. Such credit shall be used over a period of years with not more than ten percent of the credit to be used in any one year. (d) In the event the Secretary and the owner cannot agree on fair market value within one year of the date of enactment of this Act, either the Secretary or the owner shall have the right to petition the United States Claims Court for determination of fair market value in accordance with the standards set forth in this subsection, and said Court shall have jurisdiction to make said determination which shall be binding on all parties for purposes of this Act subject to the right of appeal. (e) Effective October 1, 1983, there are hereby authorized to be appropriated such sums as may be necessary to establish the value of the nonfederally owned mineral interests or rights lying within the Cranberry Wilderness area. Effective October 1, 1983, there are hereby authorized to be appropriated such sums as are necessary to carry out the other provisions of this Act: Provided, That no payment shall be effective except to the extent or in such amounts as are provided in advance in Appropriation Acts. (f) Exploration activities, including core drilling and use of mechanized ground equipment, shall be allowed in the Cranberry Wilderness designated by this Act to determine the value of the nonfederally owned mineral resources therein, under such reasonable stipulations and conditions as may be imposed by the Secretary of Agriculture. OTHER PROVISIONS

SEC. 5. (a) The Congress finds that— (1) the Department of Agriculture has completed the second Roadless Area Review and Evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the State of West Virginia and of the environmental impacts associated with alternative allocations of such areas. Ob) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System

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