US Code

Public Law 119-73 (01/23/2026)

16 U.S.C. § 544g

Land acquisition

(a)

Acquisition authorized

(1)
Provided 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 sections 544 to 544p of this title: , That any lands, waters, or interests therein owned by either State or any political subdivision thereof may be acquired only by donation or exchange.
(2)
Lands within the State of Oregon acquired by the Secretary pursuant to sections 544 to 544p of this title shall become part of the Mount Hood National Forest. Lands within the State of Washington 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 sections 544 to 544p of this title shall be subject to the laws and regulations pertaining to the National Forest System and sections 544 to 544p of this title.
(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 sections 544 to 544p of this title; 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 , 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;
(B)
section 544f of this title are located in counties with land use ordinances in which the Secretary has concurred pursuant to , unless such lands are being used, or are in imminent danger of being used, in a manner incompatible with such ordinances;
(C)
are within the boundaries of the Dodson/Warrendale Special Purchase Unit; or
(D)
are owned by an Indian tribe, held in trust by the United States for an Indian tribe or member of an Indian tribe, or otherwise administered by the United States for the benefit of an Indian tribe or member of an Indian tribe.
(c)

Hardship cases

In exercising authority to acquire lands pursuant to this section the Secretary shall give prompt and careful consideration to any offer made by any person or entity owning any land, or interest in land, within the boundaries of a special management area. In considering such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring the property.

(d)

Land exchanges

(1)
The Secretary is authorized and directed, in conformance with the provisions of this subsection, to acquire by exchange any parcel of unimproved forest land at least forty acres in size within the boundaries of the special management areas which is owned by any private forest land owner if, after , but within one hundred and eighty days after final adoption of the management plan, such private forest land owner offers to the United States such parcel of forest land.
(2)
ProvidedProvided furtherProvided further In exercising this authority to acquire forest lands pursuant to this subsection, the Secretary may accept title to such lands and convey to the owner federally owned lands deemed appropriate by the Secretary within the States of Oregon and Washington, regardless of the State in which the transferred lands are located. Forest lands exchanged pursuant to this subsection shall be of approximately equal value: , That the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize minor differences in the values of the properties exchanged: , That the Secretary may reserve in any conveyance pursuant to this subsection such easements, subsurface rights, and any other interests in land deemed necessary or desirable: , That the valuation of lands exchanged shall be determined in terms of forest uses for timber.
(3)
It is the intention of Congress that land exchanges pursuant to this subsection shall be completed no later than five years after .
(4)
In the event that exchanges authorized by this section leave any private forest land owner with ownership of an uneconomic remnant of forest land contiguous to a special management area, the Secretary is authorized to acquire such forest lands as if they were within the boundaries of a special management area.
(5)
ProvidedProvided

GIFFORD PINCHOT NATIONAL FOREST

Wind River-Panther Creek Area

Section

Township

Range

35

4N

7E

36

4N

7E

Approx. 430 acres.

South Swift Area

Section

Township

Range

13

6N

5E

23

6N

5E

17

6N

6E

18

6N

6E

Approx. 1,920 acres.

National Area

Section

Township

Range

 6

14N

7E

 7

14N

7E

18

14N

7E

30

14N

7E

Approx. 2,560 acres.

Buck Creek-Willard Area

Section

Township

Range

16

3N

 9E

 1

4N

 9E

 2

4N

 9E

 3

4N

 9E

10

4N

 9E

11

4N

 9E

12

4N

 9E

15

4N

 9E

21

4N

 9E

22

4N

 9E

26

4N

 9E

27

4N

 9E

28

4N

 9E

29

4N

 9E

30

4N

 9E

31

4N

 9E

32

4N

 9E

33

4N

 9E

34

4N

 9E

35

4N

 9E

 6

4N

10E

 7

4N

10E

 5

5N

10E

 6

5N

10E

 7

5N

10E

 8

5N

10E

 9

5N

10E

30

5N

10E

31

5N

10E

32

5N

10E

Approx. 14,460 acres.

SIUSLAW NATIONAL FOREST

East Beaver Area

Section

Township

Range

33

2S

9W

34

2S

9W

 2

3S

9W

 3

3S

9W

 4

3S

9W

 8

3S

9W

 9

3S

9W

17

3S

9W

Approx. 3,053 acres.

WILLAMETTE NATIONAL FOREST

Ida-McCoy Area

Section

Township

Range

21

10S

6E

28

10S

6E

Approx. 680 acres.

MOUNT HOOD NATIONAL FOREST

Estacada Area

Section

Township

Range

15

4S

5E

Approx. 560 acres.

Hood River Area

Section

Township

Range

 4

1N

 9E

36

1N

10E

31

1N

11E

 2

1S

 9E

 3

1S

 9E

 4

1S

 9E

 5

1S

 9E

 6

1S

 9E

Approx. 5,800 acres.

Zig-Zag Area

Section

Township

Range

22

2S

7E

29

2S

7E

Approx. 280 acres.

Total acreage: 29,743.
The following-described Federal lands and interests therein are hereby identified as candidate lands for exchanges conducted pursuant to this section: , That the determination of which candidate lands will be exchanged, and in what sequence, shall be at the discretion of the Secretary. Subject to valid existing rights, such lands are hereby withdrawn from all forms of entry or appropriation or disposal under the public land laws, and from location, entry, and patent under the United States mining law, and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto until the Secretary determines such lands are no longer needed to complete exchanges authorized by this section: , That such period shall not extend beyond five years:
(e)

Appraisals

(1)

Definition of landowner

In this subsection, the term “landowner” means the owner of legal or equitable title as of .

(2)

Appraisal standards

Except as provided in paragraph (3), land acquired or conveyed by purchase or exchange under this section shall be appraised in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions.

(3)

Special management areas

(A)

Before

Land within a special management area for which the landowner, before , makes a written bona fide offer to convey to the Secretary for fair market value shall be appraised—
(i)
without regard to the effect of any zoning or land use restriction made in response to sections 544 to 544p of this title; but
(ii)
subject to any other current zoning or land use restriction imposed by the State or locality in which the land is located on the date of the offer.
(B)

On or after

Land within a special management area for which the landowner, on or after , makes a written bona fide offer to convey to the Secretary for fair market value shall be appraised subject to—
(i)
any zoning or land use restriction made in response to sections 544 to 544p of this title; and
(ii)
any other current zoning or land use restriction that applies to the land on the date of the offer.
(f)

Authorization for certain land exchanges

(1)

In general

To facilitate priority land exchanges through which land within the boundaries of the White Salmon Wild and Scenic River or within the scenic area is conveyed to the United States, the Secretary may accept title to such land as the Secretary determines to be appropriate within the States, regardless of the State in which the land conveyed by the Secretary in exchange is located, in accordance with land exchange authorities available to the Secretary under applicable law.

(2)

Special rule for land certain exchanges

Notwithstanding any other provision of law—
(A)
any exchange described in paragraph (1) for which an agreement to initiate has been executed as of , shall continue; and
(B)
any timber stumpage proceeds collected under the exchange shall be retained by the Forest Service to complete the exchange.
(g)

Boundaries

For the purposes of sections 100506(c) and 200306 of title 54, the boundaries of the scenic area, including special management areas and the Dodson/Warrendale Special Purchase Unit shall be treated as if they were within the boundaries of the Mount Hood or Gifford Pinchot National Forests as of .

Pub. L. 99–663, § 9100 Stat. 4287Pub. L. 104–66, title I, § 1011(n)109 Stat. 710Pub. L. 106–291, title III, § 346(a)114 Stat. 999(, , ; , , ; , , .)

Editorial Notes

Codification

16 U.S.C. 4601–9Pub. L. 113–287, § 6(e)128 Stat. 3272In subsec. (g), “sections 100506(c) and 200306 of title 54” substituted for “section 7 of the Land and Water Conservation Fund Act of 1965 () [sic]” on authority of , , , which Act enacted Title 54, National Park Service and Related Programs.

Amendments

Pub. L. 106–2912000—Subsecs. (e) to (g). added subsecs. (e) and (f) and redesignated former subsec. (e) as (g).

Pub. L. 104–661995—Subsec. (d)(3). struck out provision at end requiring Secretary to report to Congress on status of negotiations with owners of non-Federal lands regarding land exchanges.

Statutory Notes and Related Subsidiaries

Publication of Notice

Pub. L. 106–291, title III, § 346(c)114 Stat. 1000

“(1)
section 544f of this title Not later than , the Secretary of Agriculture shall provide notice of the provisions contained in the amendments made by subsections (a) and (b) [amending this section and ] through—
“(A)
publication of a notice in the Federal Register and in newspapers of general circulation in the counties in the Columbia River Gorge National Scenic Area; and
“(B)
posting of a notice in each facility of the United States Postal Service located in those counties.
“(2)
If the counties wherein special management areas are located provide the Forest Service administrator of the Columbia River Gorge National Scenic Area lists of the names and addresses of landowners within the special management areas as of , the Forest Service shall send to such names and addresses by certified first class mail notice of the provisions contained in the amendments made by subsections (a) and (b);
“(A)
The mailing shall occur within twenty working days of the receipt of the list; and
“(B)
The mailing shall constitute constructive notice to landowners, and proof of receipt by the addressee shall not be required.”
, , , provided that:

Conveyance of Lands Between Skamania County and the United States

Pub. L. 105–277, div. A, § 101(e) [title III, § 341]112 Stat. 2681–231

“Upon the condition that Skamania County conveys title acceptable to the Secretary of Agriculture to all right, title and interest in lands identified on a map dated entitled ‘Skamania County Lands to be Transferred’, such lands being located on Table Mountain lying within the Columbia River Gorge National Scenic Area, there is hereby conveyed to Skamania County, notwithstanding any other provision of law, the Wind River Nursery Site lands and facilities and all interests therein, except for the corridor of the Pacific Crest National Scenic Trail, as depicted on a map dated , entitled ‘Wind River Conveyance’, which is on file and available for public inspection in the Office of the Chief, USDA Forest Service, Washington, D.C.

section 552 of this title“The conveyance of lands to Skamania County shall become automatically effective upon a determination by the Secretary that Skamania County has conveyed acceptable title to the United States to the Skamania County lands. Lands conveyed to the United States shall become part of the Gifford Pinchot National Forest and shall have the status of lands acquired under the Act of , (commonly called the Weeks Act) [see Short Title note set out under ] and shall be managed in accordance with the laws and regulations applicable to the National Forest System.”

, , , 2681–296, provided that:

Land Exchanges

Pub. L. 105–83, title III, § 336111 Stat. 1602

“To facilitate priority land exchanges through which the United States will receive land within the White Salmon Wild and Scenic River boundaries and within the Columbia River Gorge National Scenic Area, the Secretary of Agriculture may, until , accept title to such lands deemed appropriate by the Secretary within the States of Oregon and Washington, regardless of the State in which the transferred lands are located, following existing exchange authorities.”
, , , provided that:

Wind River Nursery

Pub. L. 105–83, title III, § 340111 Stat. 1603

“(a)
The Secretary of Agriculture is authorized and directed to negotiate with Skamania County for the exchange of lands or interests in lands constituting the Wind River Nursery Site within the Gifford Pinchot National Forest, Washington.
“(b)
In return for the Nursery Site properties, Skamania County is authorized and directed to negotiate with the Forest Service the conveyance of approximately 120 acres of high biodiversity, special management lands located near Table Mountain within the Columbia River Gorge National Scenic Area, title to which must be acceptable to the Secretary of Agriculture.
“(c)
Before this exchange can occur, it must be of equal value and the Secretary and the Skamania County Board of Commissioners must agree on the exact parcels of land to be included in the exchange. An agreement signed by the Secretary of Agriculture and the Skamania County Board of Commissioners describing the properties involved and a certification that the exchange is of equal value must be completed no later than .
“(d)
During this two-year negotiating period, the Wind River Nursery property shall not be conveyed to another party. The Forest Service shall maintain the site in a tenantable condition.
“(e)
Except as provided herein, the exchange shall be for equal value in accordance with land exchange authorities applicable to the National Forest System.
“(f)
The Secretary is directed to equalize values by not only cash and exchange of lands, easements, reservations, and other interests in lands, but also by full value credit for such services as Skamania County provides to the Gifford Pinchot and Columbia River Gorge National Scenic Area and as the Secretary and Skamania County deem appropriate. The Secretary may accept services in lieu of cash when the Secretary can discern cash value for the services and when the Secretary determines such services would provide direct benefits to lands and resources and users of such lands and resources under the jurisdiction of the Secretary.
“(g)
16 U.S.C. 484a Any cash equalization which Skamania County elects to make may be made up to 50 percent of the fair market value of the Federal property, and such cash equalization may be made in installments over a period not to exceed 25 years. Payments received as partial consideration shall be deposited into the fund in the Treasury established under the Act of [], commonly known as the Sisk Act, and shall be available for expenditure as provided in the Act except that the Secretary may not use those funds to purchase lands within Skamania County.
“(h)
In defining the Federal estate to be conveyed, the Secretary may require such additional terms and conditions as deemed necessary in connection with assuring equal value and public interest considerations in this exchange including, but not limited to, continued research use of the Wind River Experimental Forest and protection of natural, cultural, and historic resources, existing administrative sites, and a scenic corridor for the Pacific Crest National Scenic Trail.
“(i)
This authorization is predicated on Skamania County’s Board of Commissioners commitment to give foremost consideration to preservation of the overall integrity of the site and conservation of the educational and research potential of the site, including providing for access to and assurance of the continued administration and operation of forestry research on the adjacent Thornton Munger Research Natural Area.
“(j)
The Secretary is further directed to cooperate with Skamania County to address applicable Federal and State environmental laws.
“(k)
42 U.S.C. 4321 Notwithstanding the processes involved with the National Environmental Policy Act [of 1969, et seq.] and the State Environmental Policy Act, should the Secretary of Agriculture and the Skamania County Board of Commissioners fail to reach an agreement on an equal value exchange defined under the terms of this legislation by , the Wind River Nursery Site shall remain under Forest Service ownership and be maintained by the Forest Service in a tenantable condition.”
, , , provided that: