Summary: H.R.3813 — 95th Congress (1977-1978)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (03/08/1978)

(Conference report filed in House, H. Rept. 95-931)

=Title I:= Amends the Act entitled "An Act to establish a Redwood National Park in the state of California" by increasing from 58,000 to 106,000, the acreage limitation of the park and revising the maps to reflect such changes. Permits the acceptance by donation of any State-owned lands, subject to certain conditions or reverters. Authorizes the Secretary of the Interior to expend appropriated funds for the management of these lands as well as for construction, design, and maintenance of facilities on them, notwithstanding any other provision of law.

Vests title in the United States to all real property within the area indicated as "Proposed Additions" on the map entitled "Additional Lands, Redwood National Park, California," numbered 167-80005D, as well as the down tree personal property within such area. Allows the Secretary to permit the removal of down tree personal property.

Provides that any action against the United States for the recovery of just compensation will lie in the United States district court for the district wherein the land is located. Permits the United States to initiate proceedings before the district court to determine just compensation, and to deposit payments for the property acquired with the court in advance, which will stop interest running on the deposited amounts.

Permits the Secretary to revest title to any real or personal property which he determines not to be necessary for the purposes of such Act, except that for which just compensation has already been paid. Permits the Secretary to sell any down timber which may be removed without damaging the park without regard to the usual procedures for the disposal of Federal excess property, and credit the proceeds of such sales to the Treasury of the United States.

Allows the Secretary to convey a right-of-way to the State of California for a bypass highway around the eastern perimeter of Prairie Creek Redwood State Park. Requires that the Secretary convey the right-of-way, subject to any protective conditions he may deem necessary. Provides that such route shall be considered a publicly-owned highway, for purposes of such Act.

Repeals the 60 day waiting period on the execution of any contracts or cooperative agreements, or on any acquisition of interests in lands on the periphery of the park and on watersheds tributary to streams within the park. Authorizes the appropriation of such sums as may be necessary for the implementation of such contracts and cooperative agreements. Declares the intent of Congress that any such contracts or agreements will provide for the maximum retention of senior employees by any owners of peripheral property, and the use of such employees in rehabilitation and related management programs.

Authorizes the Secretary, through contracts or cooperative agreements with public or private entities, to implement a rehabilitation program for areas both within and upstream from the park which are contributing sedimentation due to past road and logging activity. Stipulates that authority to make such payments is limited to those amounts provided for by appropriations. Provides that such contracts and agreements will be subject to other conditions which the Secretary may determine to be necessary to protect the park, provide employment opportunities for those affected by the expansion, and benefit the economies of the local counties.

Directs the Secretary to study erosion and sedimentation within the Redwood Creek basin, with particular effort to identify both man-caused and natural sources and causes of erosion, and adapt his management plan for the area to benefit from the studies. Requires the Secretary, or the Secretary of Agriculture where appropriate, to manage any additional lands within the hydrographic basin of Rock Creek to minimize sedimentation, and coordinate plans for sediment management in the basin. Permits the Secretary to authorize access to such areas by designated persons as needed to carry out such duties and to develop further scientific and professional information on the redwood forest ecosystem.

States that such activities as are authorized shall be conducted in light of the integrity of the National Park System and shall not be exercised in derogation of the values for which such areas were established, except as may have been provided by Congress.

Provides that provisions for the taking of lands under such Act will vest on the date of enactment. Provides that such sums as may be necessary may be expended from the appropriations authorized for fiscal years 1978 and following, to pay for land acquisition and down tree personal property. Directs the appropriate cabinet officers to analyze the federal actions which can be taken to assist the economies of the area, and to submit a report of the analysis, as well as recommendations for action, to the Congress. Directs the appropriate Departments to take actions within the framework of existing programs to assist the area economy. Provides for the establishment of employment programs to provide jobs to persons affected by the park expansion, and to contribute to the economic revival of the Del Norte and Humboldt counties, in Northern California. Authorizes the appropriation of such sums as may be necessary to carry out such provisions.

Requires the Secretary of Agriculture to submit to Congress, within one year of the enactment of this Act, a report concerning the timber harvest scheduling alternatives for the Six Rivers National Forest.

Authorizes the Secretary to appoint specific numbers of additional employees for the park. Authorizes the transfer of affected State civil service employees to the National Park Service. Requires the Secretary to give full consideration to individuals affected by the expansion area. Details the manner in which employment opportunities will be provided both in Federal jobs and in the private sector. Directs the Secretary to provide appropriate job training and related benefits, as well as to seek the cooperation of all levels of government in this program.

Requires the Secretary to submit annual written reports to the Congress for ten years. States that such reports will be concerned with the various programs authorized by such Act. Requires the Secretary no later than January 1, 1980, to submit to the appropriate committees of the Congress a comprehensive general management plan.

Authorizes to be appropriated $33,000,000 to carry out the rehabilitation programs, effective October 1, 1978.

Provides for the continued application of the Payments in Lieu of Taxes Act to the expanded national park. Defines the Redwoods Community College District as an affected school district for such purposes.

Directs that it shall be a purpose of this Act to maintain the employment levels of the Redwoods United, Incorporated.

Pledges the full faith and credit of the United States to promptly pay just compensation for the lands and properties taken by this Act.

=Title II:= Authorizes the Secretary of Labor to develop the necessary procedures to implement this title.

Defines those employees considered to be affected by the expansion of Redwood National Park. Limits the number of employees to be so defined in certain portions of the local forest products industry.

Provides for the protection and accrual of various rights and benefits of affected employees, to the maximum extent feasible. Authorizes the Secretary of Interior to enter into agreements to accomplish such protections, including making payments on behalf of employees.

Establishes the manner in which employee eligibility for the program will be determined. Defines the manner in which an individual employee's period of protection will be calculated. Sets the amount of layoff and vacation benefits which may be paid to an employee, including various deductions. Provides for the extension of benefits for certain older employees who would otherwise lose benefits before age 65.

Limits the eligibility for benefits of certain employees who have fewer than five years credit in pension plans which are contributed to by affected employers. Provides for a severance payment to certain employees.

Defines "short-service employees" and states their rights and privileges under the Act.

Empowers the Secretary to authorize the funding of retraining of affected employees when found necessary. Provides for the payment of job search and relocation allowances to affected employees.

Sets forth the duties of the Secretary of Interior concerning such Act. Authorizes the annual appropriation of such sums as may be required to meet the obligations of this Title, effective October 1, 1977.