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H.R. 6530 (97th): Mount St. Helens National Volcanic Monument Act of 1982

The text of the bill below is as of Aug 26, 1982 (Passed Congress).


PUBLIC LAW 97-243—AUG. 26, 1982                                 96 STAT. 301
Public Law 97-243
97th Congress
                                 An Act
To designate the Mount St. Helens National Volcanic Monument in the State of    Aug. 26, 1982
                     Washington, and for other purposes.                         [H.R. 6530]
 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                                Mount St.
                                                                               Helens National
                                                                               Volcanic
         ESTABLISHMENT OP NATIONAL VOLCANIC MONUMENT                           Monument,
                                                                               Wash.
   SECTION 1. (a) In furtherance of the purposes of this Act, certain          Designation.
lands within and adjacent to the Gifford Pinchot National Forest in            16 u s e 431 note.
the State of Weishington, which comprise approximately one hun-
dred and ten thousand acres, as generally depicted on a map enti-
tled "Mount St. Helens National Volcanic Monument, August
1982", are hereby designated as the Mount St. Helens National
Volcanic Monument (hereafter in this Act referred to as the
"Monument").
   (b)(1) Not later than six months after the date of enactment of this        Map and
Act, the Secretary of Agriculture (hereafter in this Act referred to           description;
                                                                               filing with
£is the "Secretary") shall file a map and a legal description of the           congressional
Monument established under subsection (a) with the Committee on                committees.
Energy and Natural Resources of the United States Senate and the
Committees on Agriculture and on Interior and Insular Affairs of
the United States House of Representatives. Such map and descrip-
tion shall have the same force and effect as if included in this Act.
Such map and description shall be on file and available for public
inspection in the office of the Forest Supervisor, Gifford Pinchot
National Forest and in the office of the Chief of the Forest Service,
Department of Agriculture.
   (2) The Secretary may correct clerical and typographical errors in          Minor boundary
the legal description referred to in paragraph (1), and the Secretary          revisions.
may, from tune to time, make minor revisions of the boundary of the
Monument. Such minor boundary revisions may be made by the                     Notice;
Secretary only after publication of notice of the proposed revision in         publication
                                                                               in Federal
the Federal Register and after submission of notice thereof to the             Register.
committees referred to in paragraph (1). Such notice shall be pub-
lished and submitted at least 60 days before the revision is made.
Notice of final action regarding such revision shall also be published
in the Federal Register.
              EXTENSION OF NATIONAL FOREST BOUNDARY

  SEC. 2. (a) The exterior boundary of the Gifford Pinchot National
Forest is hereby extended to include all lands and waters within the
boundaries of the Monument. Lands and interests therein acquired
pursuant to section 3 shall become national forest system lands.
  (b) For the purposes of section 7(aXl) of the Land and Water
Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601-4
through 4601-11), the boundary of the Gifford Pinchot National                 16 u s e 460/-9.

96 STAT. 302 PUBLIC LAW 97-243—AUG. 26, 1982 Forest, as modified by this section, shall be treated as if it were the boundary of that forest on January 1,1965. ACQUISITION SEC. 3. (a) The Secretary shall acquire all lands and interests in lands within the boundaries of the Monument by donation, exchange in accordance with this Act or other provisions of law, or purchase with donated or appropriated funds, except as provided in subsection (c) and except that the Secretary may acquire mineral Mineral and and geothermal interests only by exchange. It is the sense of the geothermal Congress that in the case of mineral and geothermal interests such interests, completion exchanges should be completed within one year after the date of date. enactment of this Act. Any lands owned by the State of Washington or any political subdivision thereof may be acquired only by exchange. Those mining claims in the Green River-Polar Star area shall not be acquired without the consent of the owner. Timber, (b) In recognition of the rapidly deteriorating nature of much of ev£duation. the timber in the Monument, any timber acquired pursuant to this section shall be valued for purposes of any acquistion under subsec- tion (a) at an amount not less than the fair market value of such timber on July 1,1982. (cXD Notwithstanding any other provision of law, the Secretary shall exchange lands and interests in lands referred to in para- graphs (2) and (3) in accordance with the provisions of this subsec- tion. With respect to the lands and interests in lands referred to in paragraphs (2) and (3), the Secretary may exercise the authorities of subsection (a) only to the extent necessary to acquire any lands or interests in lands which are not acquired pursuant to the provisions of this subsection. Burlington (2)(A) If Burlington Northern Incorporated offers to the United Northern States the following described lands and interests therein, except Incorporated. mineral and geothermal interests, the Secretary shall accept such lands and interests therein (for the purposes of this Act, the term "Burlington Northern Incorporated" shall include any subsidiary of that corporation): Township 7 North, Range 6 East: Section 1: Lots 1, 2, and 3, south half northeast quarter, and north Acres half southeast quarter 310.11 Township 8 North, Range 5 East: Section 21: All 640.00 Section 23: All 640.00 Section 25: All 640.00 Section 27: All 640.00 Section 29: All 640.00 Section 31: All fractional 623.52 Section 33: All 640.00 Section 35: All 640.00 Township 8 North, Range 6 East: Section 5: All fractional 480.44 Section 7: All fractional 637.58 Section 9: All 640.00 Section 15: West half. 320.00 Section 17: All 640.00 Section 19: All fractional 631.76 Section 21: All 640.00 Section 27: West half 320.00 Section 29: All 640.00 Section 31: All fractional 630.44 Section 33: All 640.00
PUBLIC LAW 97-243—AUG. 26, 1982 96 STAT. 303 township 9 North, Range 5 East: Acres Section 25: All 640.00 Township 9 North, Range 6 East: Section 5: Lot 1, southeeist quarter northeast quarter, and southeast quarter 240.41 Section 9: All 640.00 Section 17: All 640.00 Section 21: All 640.00 Section 29: All 640.00 Section 31: All fractional 639.52 Section 33: All 640.00 (B) Upon acceptance of title by the United States to such lands and interests therein, the Secretary shall convey to Burlington Northern Incorporated all right, title, and interest of the United States to the following described national forest system lands and interests therein, except mineral and geothermal interests: Township 7 North, Range 6 East: Acres Section 4: All fractional 680.88 Section 6: All fractional 670.04 Section 10: All 640.00 Section 22: All 640.00 (3)(A) If the Weyerhaeuser Company offers to the United States Weyerhaeuser the following described lands and interests in lands, except mineral Company. and geothermal interests, the Secretary shall accept such lands and interests therein: Township 9 North, Range 3 East: Acres Section 1: South half 320.00 Township 7 North, Range 4 East: Section 25: Northwest quarter northwest quarter 40.00 Township 8 North, Range 4 East: Section 2: All fractional 494.28 Township 9 North, Range 4 East: Section 1: All fractional 658.52 Section 3: South half northeast quarter, and south half 400.00 Section 4: Lots 2 and 3, south half north half, and south half 560.30 Section 5: South half northeast quarter, and south half 400.00 Section 6: Lot 7, southeast quarter southwest quarter, £uid south half southeast quarter 155.38 Section 7: All fractional 623.44 Section 8: All 640.00 Section 9: All 640.00 Section 11: All 640.00 Section 13: All 640.00 Section 15: East half east half 160.00 Section 16: North half northwest quarter 80.00 Section 17: North half northeast quarter 80.00 Section 22: A portion of east half and east half west half 271. ± Section 23: All 640.00 Section 24: All 640.00 Section 25: All 640.00 Section 26: North half, southeast quarter, and a portion of the south- west quarter 572.± Section 27: A portion of the northeast quarter 66.± Section 35: A portion of the northe£ist quarter 105.± Township 10 North, Rsuige 4 East: Section 25: Southeast quarter 160.00 Township 9 North, Range 5 East: Section 5: All fractional 640.32 Section 6: All fractional 679.52 Section 7: Lots 1 and 2, northeast quarter, and east half northwest quarter 340.57 Section 8: North half. 320.00 Section 17: All 640.00 Section 19: All fractional 694.72
96 STAT. 304 PUBLIC LAW 97-243—AUG. 26, 1982 Township 10 North, Range 5 East: . Section 5: A portion of the east half northeast quarter northwest Acres quarter and east half 233.± Section 17: Northeast quarter northeast quarter, and a portion of the northeast quarter and east half southeast quarter 145.± Section 19: A portion of the south half southeast quarter 20.± Section 20: A portion of the south half south half 60.± Section 21: East half, east half northwest quarter, northwest quarter northwest quarter, northeast quarter southwest quarter, and a portion of the southwest quarter northwest quarter, northwest quarter southwest quarter 523.± Section 29: All 640.00 Section 30: Northeast quarter, south half, and a portion of the east half northwest quarter 550. ± Section 31: All fractional 688.55 Section 32: All 640.00 Section 33: North half. 320.00 Township 11 North, Range 5 East: Section 32: Lots 1 and 2 16.43 (B) Upon acceptance of title by the United States to such lands and interests therein, the Secretary shall convey to Weyerhaeuser Company all right, title, and interest of the United States to the following described national forest system lands and interests therein, except mineral and geothermal interests: Township 10 North, Range 5 East: Acres Section 6: Mineral survey 193.96 Section 7: Mineral survey 12.65 Township 11 North, Range 5 East: Section 28: Mineral survey 24.89 Section 29: Portion of mineral survey 837 5.20 Township 8 North, Range 4 East: Section 29: All 640.00 Section 30: All fractional 604.07 Section 32: All fractional 702.99 Township 13 North, Range 3 East: Section 6: All fractional 652.25 Township 4 North, Range 3 East: Section 10: All 640.00 Section 16: All 640.00 Section 20: All 640.00 (4) Except as provided in paragraph (7), the instruments of convey- ance respecting the lands and interests exchanged under this sub- section may contain such reservations as may be agreed upon by the Secretary and the Weyerhaeuser Company or the Secretary and Burlington Northern Incorporated, as the case may be. Exchanges, (5) It is the sense of the Congress that the exchanges authorized completion pursuant to this subsection should be completed within ninety days date. after the date of the enactment of this Act. The Secretary shall use the authorities of subsection (a) if the exchanges authorized by this subsection are not completed within a reasonable time after the expiration of such ninety day period. Values of (6) The Secretary shall certify in writing that to his satisfaction, at lands or the time of conveyance, there has been no reduction in the values of interests, reduction. the lands or interests therein caused by a direct action on the part of the current landowner below that which formed the basis for the exchanges provided for in this section. If the Secretary finds that a reduction in the value of the lands or interests therein has occurred caused by direct action on the part of the current landowner, the Secretary shall not carry out the exchange for those lands or interests so affected under this subsection, and acquisition of those lands and interests shall be undertaken by the Secretary in accord- ance with the provisions of subsection (a).
PUBLIC LAW 97-243—AUG. 26, 1982 96 STAT. 305 (7) The provisions of this subsection (except for the provisions of paragraphs (5) and (6)) do not authorize the exercise by the Secre- tary of the power of eminent domain, and any exchange of the lands or interests in lands carried out under this subsection shall be pursuant to a voluntary agreement entered into between the Secre- tary and Burlington Northern Incorporated, or the Secretary and Weyerhaeuser Ck)mpany, as the case may be, with the full consent of each of the parties to such agreement. (d) Nothing in this Act shall affect any prior contractual obliga- tion of Burlington Northern Incorporated or Weyerhaeuser Com- pany regarding lands owned by them and included in an exchange pursuant to wis Act nor shall such obligations be transferred pursuant to this legislation to the United States. (e) Anv terms, conditions, or obligations imposed by the Act of July 2, 1864 (13 Stat. 365), as amended, that apply to lands and interests in lands exchanged under this Act by Burlington Northern Incorporated shall apply in equivalent manner to lands and inter- ests in lands obtained by Burungton Northern Incorporated under this Act. (f) Notwithstanding any other provision of law, the Secretary shall Environmental assessment. only be required to prepare an environmental assessment of any exchange of mineral or geothermal interests authorized by this Act. In the course of preparing the assessment, the Secretary shall Hearing. conduct at least one public hearing in the vicinity of the mineral or geothermal interests to be conveyed by the United States in such exchange. Any exchange of mineral or geothermal interests may be made by the Secretary only after providing the committees referred to in section 1 of this Act thirty days' notice of his intention to do so. ADMINISTRATION SEC. 4. (a) The Secretary acting through the Forest Service shall administer the Monument as a separate unit within the boundary of the Gifford Pinchot National Forest, in accordance with the appro- priate laws pertaining to the national forest system, and in accord- ance with the provisions of this Act. (bXD The Secretary shall manage the Monument to protect the geologic, ecologic, and cultural resources, in accordance with the provisions of this Act allowing geologic forces and ecological succes- sion to continue substantially unimpeded. (2) The Secretary may take action to control fire, insects, diseases, and other agents that might (A) endanger irreplaceable features within the Monument or (B) cause substantial damage to significant resources adjacent to the Monument. (3) Nothing in this Act shall prohibit the Secretary from undertak- ing or permitting those measures within the Monument reasonably necessary to ensure public safety and prevent loss of Ufe and property. (c) The Secretary shall permit the full use of the Monument for Scientific scientific study and research, except that the Secretary may impose study and such restrictions as may be necessary to protect public health and research. safety and to prevent undue modification of the natural conditions of the Monument. (d) In order to protect the significant features of the Monument, reduce user conflicts, and ensure visitor safety, the Secretary is authorized to control times and means of access and use of the Monument or parts thereof: Provided, That nothing in this section
96 STAT. 306 PUBLIC LAW 97-243—AUG. 26, 1982 shall be construed as to prohibit the use of motorized vehicles, aircraft or motorboats for emergency and other essential adminis- trative services, including those provided by State and local govern- ments, or when necessary, for authorized scientific research. Recreational (e)(1) The Secretary shall provide for recreational use of the and interpretive Monument and shall provide recreational and interpretive facilities facilities. (including trails and campgrounds) for the use of the public which are compatible with the provisions of this Act, and may assist adjacent affected local governmental agencies in the development of related interpretive programs. (2) Except for roads needed for recreational and interpretive purposes as may be recommended by the comprehensive manage- ment plan submitted in accordance with the provisions of subsection (i), roads or other developed facilities within the Monument should be located generally in areas which were developed prior to the 1980 eruption. (f) Subject to valid existing rights, all Federal lands within the Monument are hereby withdrawn from all forms of entry or appro- priation or disposal under the public land laws, and from location, entry, and patent under the United States mining laws, and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto. Any mining activity carried out pursuant to valid existing rights shall be conducted in accord- ance with applicable Federal and State law. Timber (g) Timber harvesting shall not be permitted on Federal lands harvesting, within the Monument except (1) for timber salvage contracts exceptions. awarded by the Forest Service before the date of enactment of this Act, and (2) to the minimum extent necessary to control fire, insects, diseases and other agents that would endanger irreplaceable fea- tures within the Monument, cause substantial damage to significant resources adjacent to the Monument, or endanger public safety. National forest system roads within the Monument may be used to Notification the extent necessary for such timber harvesting activities. If the or report to Secretary intends to carry out timber harvesting activities under congressional clause (2), the Secretary shall advise the Committee on Energy and committees. Natural Resources of the Senate and the Committees on Agriculture and Interior and Insular Affairs of the House of Representatives of the action the Secretary intends to take at least 30 days in advance of initiating action to contract for such sales, except that in emer- gency situations the Secretary shall submit a report to such Com- mittees, describing the action taken within 30 days thereafter. Hunting and (h) The Secretary shall permit hunting and fishing on lands and fishing zones, waters within the Monument in accordance with applicable Federal designation. and State law, except that the Secretary may designate zones within the Monument where, and establish periods when, no hunting or fishing shall be permitted for reasons of public health and safety, the protection of resources, scientific research activities, or public use and enjoyment. Except in emergencies, any regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities. Nothing in this subsection shall be construed as affecting the jurisdiction or responsibilities of the State of Washington with respect to wildlife and fish within the Monument. Management (i) Within three years after the date of enactment of this Act, the plan, sub- Secretary shall submit to the committees referred to in section 1(b), mittal to congressional a detailed and comprehensive management plan for the Monument. committees.
PUBLIC LAW 97-243—AUG. 26, 1982 96 STAT. 307 The initial Monument management plan may be expressed as an amendment to the October 1981 Mount St. Helens Land Manage- ment Plan. Subsequent Monument plans shall be integrated with and periodically revised as a component of the Gifford Pinchot land management planning process. The plan shall include but not be limited to: (1) measures for the preservation of the natural geologic and ecologic processes and integrity of the resources; (2) indications of types, locations, and general intensities of development and access routes associated with the public under- standing, use, and enjoyment of the area, including anticipated timetables and costs; (3) identification of, and implementation plans for, visitor carrying capacities of the area; and (4) indications of any potential modifications of the external boundaries of the area, and the reasons therefor. MANAGEMENT OF ADJACENT FEDERAL LANDS SEC. 6. Nothing in this Act shall be construed as authorizing or directing the establishment of protective perimeters or buffer zones around the Monument for the purpose of precluding activities out- side the Monument boundary which would otherwise be permitted under applicable law. Nothing in this Act shall be construed as limiting the existing authority of the Secretary to take actions on Federal lands adjacent to the Monument necessary to protect public health and safety in emergencies involving volcanic activity. SCIENTIFIC ADVISORY BOARD SEC. 7. (a) There is hereby established the Mount St. Helens Mount St. Scientific Advisory Board (hereinafter referred to as the "Board"). Helens Scien- tific Advisoi-y The Secretary shall consult with and seek the advice and recommen- Board. dations of the Board with respect to— Establishment. (1) the measures needed to protect and manage the natural and scientific values of the Monument; and (2) the administration of the Monument with respect to poli- cies, programs, and activities which are specifically intended to retain the natural ecologic and geologic processes and integrity of the Monument. The Board may make recommendations to the Secretary in regard New research to new research opportunities which may exist within the opportunities, recommenda- Monument designed to gain scientific information for future inter- tions. pretation and enjoyment by visitors to the Monument. No recom- mendation by the Board shall be binding upon the Secretary. (b) The Board shall be composed of nine members, who shall be Membership. individuals with recognized professional standing in appropriate scientific disciplines, as follows: (1) three members appointed by the Secretary (one of whom shall be a professional employee of the Forest Service); (2) two members appointed by the Secretary of the Interior (one of whom shall be a professional employee of the United States Geological Survey); (3) two members appointed by the Governor of the State of Washington from among professional employees of the State of Washington; and
96 STAT. 308 PUBLIC LAW 97-243—AUG. 26, 1982 (4) two members appointed by the Chairman of the National Science Foundation. Terms of (c) Each member shall be appointed to serve for a term of three office. years, except that one of the initial appointees of each appointing official shall serve an initial term of four years, one of the initial appointees of each appointing official shall serve an initial term of two years, and one of the initial appointees of the Secretary shall serve an initial term of one year. (d) The members of the Board shall be appointed within ninety days of the date of enactment of this Act. The members of the Board shall, at their first meeting, elect a chairman. (e) The Secretary, or a designee, shall from time to time, but at least annually, meet and consult with the Board on matters relating to the protection of the Monument and potential and ongoing research programs within the Monument. (f) Members of the Board shall serve without compensation as such, but the Secretary is authorized to pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Board and its members in carrying out their responsibilities under this Act. (g) Any vacancy in the Board shall be filled in the same manner in which the original appointment was made. Termination. (h) The Board shall terminate ten years from the date of its first meeting. EXPENDITURE OF CERTAIN REVENUES FROM GIFFORD PINCHOT NATIONAL FOREST BY SKAMANIA COUNTY, WASHINGTON SEC. 8. (a) Notwithstanding the provisions of the last paragraph under the heading "Forest Service" of the Act of May 23, 1908 (16 U.S.C. 500), and of section 13 of the Act of March 1, 1911 (16 U.S.C. 500), of the amount which is paid under such provisions to the State of Washington with respect to Gifford Pinchot National Forest, to be expended for the benefit of Skamania (Dounty— (1) not less than fifty percent shall be expended for the benefit of the public schools of Skamania Clounty, as Skamania County may specify, and (2) the remainder shall be expended for the benefit of public roads and other public purposes of Skamania County, as Ska- mania County may specify. (b) Subsection (a) shall not apply to any amount paid by the Secretary of the Treasury under the provisions of law referred to in subsection (a) at the end of any fiscal year ending before the date of the enactment of this Act.
PUBLIC LAW 97-243—AUG. 26, 1982 96 STAT. 309 AUTHORIZATION OF APPROPRIATIONS SEC. 9. There is hereby authorized to be appropriated to carry out the provisions of this Act, not to exceed $12,000,000 for the fiscal year beginning October 1,1982, and such sums as may be necessary for each fiscal year thereafter. Approved August 26, 1982. LEGISLATIVE HISTORY—H.R. 6530 (S. 2133): HOUSE REPORTS: No. 97-636, Pt. I (Comm. on Interior and Insular Affairs), Ft. II (Comm. on Agriculture) and No. 97-748 (Comm. of Conference). SENATE REPORTS: No. 97-481 accompanying S. 2133 (Comm. on Energy and Natural Resources) and No. 97-523 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): July 19, considered and passed House. July 21, considered and passed Senate, amended. Aug. 13, Senate agreed to conference report. Aug. 17, House agreed to conference report.