§ 1783. — Yaquina Head Outstanding Natural Area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1783]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER VI--DESIGNATED MANAGEMENT AREAS
Sec. 1783. Yaquina Head Outstanding Natural Area
(a) Establishment
In order to protect the unique scenic, scientific, educational, and
recreational values of certain lands in and around Yaquina Head, in
Lincoln County, Oregon, there is hereby established, subject to valid
existing rights, the Yaquina Head Outstanding Natural Area (hereinafter
referred to as the ``area''). The boundaries of the area are those shown
on the map entitled ``Yaquina Head Area'', dated July 1979, which shall
be on file and available for public inspection in the Office of the
Director, Bureau of Land Management, United States Department of the
Interior, and the State Office of the Bureau of Land Management in the
State of Oregon.
(b) Administration by Secretary of the Interior; management plan;
quarrying permits
(1) The Secretary of the Interior (hereinafter referred to as the
``Secretary'') shall administer the Yaquina Head Outstanding Natural
Area in accordance with the laws and regulations applicable to the
public lands as defined in section 103(e) of the Federal Land Policy and
Management Act of 1976, as amended (43 U.S.C. 1702) [43 U.S.C. 1702(e)],
in such a manner as will best provide for--
(A) the conservation and development of the scenic, natural, and
historic values of the area;
(B) the continued use of the area for purposes of education,
scientific study, and public recreation which do not substantially
impair the purposes for which the area is established; and
(C) protection of the wildlife habitat of the area.
(2) The Secretary shall develop a management plan for the area which
accomplishes the purposes and is consistent with the provisions of this
section. This plan shall be developed in accordance with the provisions
of section 202 of the Federal Land Policy and Management Act of 1976, as
amended (43 U.S.C. 1712).
(3) Notwithstanding any other provision of this section, the
Secretary is authorized to issue permits or to contract for the
quarrying of materials from the area in accordance with the management
plan for the area on condition that the lands be reclaimed and restored
to the satisfaction of the Secretary. Such authorization to quarry shall
require payment of fair market value for the materials to be quarried,
as established by the Secretary, and shall also include any terms and
conditions which the Secretary determines necessary to protect the
values of such quarry lands for purposes of this section.
(c) Revocation of 1866 reservation of lands for lighthouse purposes;
restoration to public lands status
The reservation of lands for lighthouse purposes made by Executive
order of June 8, 1866, of certain lands totaling approximately 18.1
acres, as depicted on the map referred to in subsection (a) of this
section, is hereby revoked. The lands referred to in subsection (a) of
this section are hereby restored to the status of public lands as
defined in section 103(e) of the Federal Land Policy and Management Act
of 1976, as amended (43 U.S.C. 1702) [43 U.S.C. 1702(e)], and shall be
administered in accordance with the management plan for the area
developed pursuant to subsection (b) of this section, except that such
lands are hereby withdrawn from settlement, sale, location, or entry,
under the public land laws, including the mining laws (30 U.S.C., ch.
2), leasing under the mineral leasing laws (30 U.S.C. 181 et seq.), and
disposals under the Materials Act of July 31, 1947, as amended (30
U.S.C. 601, 602) [43 U.S.C. 601 et seq.].
(d) Acquisition of lands not already in Federal ownership
The Secretary shall, as soon as possible but in no event later than
twenty-four months following March 5, 1980, acquire by purchase,
exchange, donation, or condemnation all or any part of the lands and
waters and interests in lands and waters within the area referred to in
subsection (a) of this section which are not in Federal ownership except
that State land shall not be acquired by purchase or condemnation. Any
lands or interests acquired by the Secretary pursuant to this section
shall become public lands as defined in the Federal Land Policy and
Management Act of 1976, as amended [43 U.S.C. 1701 et seq.]. Upon
acquisition by the United States, such lands are automatically withdrawn
under the provisions of subsection (c) of this section except that lands
affected by quarrying operations in the area shall be subject to
disposals under the Materials Act of July 31, 1947, as amended (30
U.S.C. 601, 602) [30 U.S.C. 601 et seq.]. Any lands acquired pursuant to
this subsection shall be administered in accordance with the management
plan for the area developed pursuant to subsection (b) of this section.
(e) Wind energy research
The Secretary is authorized to conduct a study relating to the use
of lands in the area for purposes of wind energy research. If the
Secretary determines after such study that the conduct of wind energy
research activity will not substantially impair the values of the lands
in the area for purposes of this section, the Secretary is further
authorized to issue permits for the use of such lands as a site for
installation and field testing of an experimental wind turbine
generating system. Any permit issued pursuant to this subsection shall
contain such terms and conditions as the Secretary determines necessary
to protect the values of such lands for purposes of this section.
(f) Reclamation and restoration of lands affected by quarrying
operations
The Secretary shall develop and administer, in addition to any
requirements imposed pursuant to subsection (b)(3) of this section, a
program for the reclamation and restoration of all lands affected by
quarrying operations in the area acquired pursuant to subsection (d) of
this section. All revenues received by the United States in connection
with quarrying operations authorized by subsection (b)(3) of this
section shall be deposited in a separate fund account which shall be
established by the Secretary of the Treasury. Such revenues are hereby
authorized to be appropriated to the Secretary as needed for reclamation
and restoration of any lands acquired pursuant to subsection (d) of this
section. After completion of such reclamation and restoration to the
satisfaction of the Secretary, any unexpended revenues in such fund
shall be returned to the general fund of the United States Treasury.
(g) Authorization of appropriations
There are hereby authorized to be appropriated in addition to that
authorized by subsection (f) of this section, such sums as may be
necessary to carry out the provisions of this section.
(Pub. L. 96-199, title I, Sec. 119, Mar. 5, 1980, 94 Stat. 71.)
References in Text
The public land laws, referred to in subsec. (c), are classified
generally to this title.
The mining laws and the mineral leasing laws, referred to in subsec.
(c), are classified generally to Title 30, Mineral Lands and Mining.
The Materials Act of July 31, 1947, as amended (30 U.S.C. 601, 602),
referred to in subsecs. (c) and (d), is act July 31, 1947, ch. 406, 61
Stat. 681, as amended, which is classified generally to subchapter I
(Sec. 601 et seq.) of chapter 15 of Title 30. For complete
classification of this Act to the Code, see Short Title note set out
under section 601 of Title 30 and Tables.
The Federal Land Policy and Management Act of 1976, as amended,
referred to in subsec. (d), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat.
2743, as amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 1701 of this title and Tables.
Codification
Section was not enacted as part of the Federal Land Policy and
Management Act of 1976 which comprises this chapter.
