332 



"Sec. 4. (a) Within the boundaries of the wilderness 

 and 'Intended Wilderness', the Secretary Is authorized 

 and directed to acquire with donated or appropriated 

 funds, by gift, exchange, ot otherwise, such non-Federal 

 lands. Interests, or any other property, in conformance 

 with the provisions of section 4 of this Act: Provided, 

 That any such lands. Interests, or other property owned 

 by or under the control of the State of Washington or 

 any political subdivision thereof may be acquired only 

 by donation or exchange. Nothing In this Act shall be 

 construed to limit or diminish the existing authority 

 of the Secretary to acquire lands and Interests therein 

 within the Alpine Lakes Area In accordance with estab- 

 lished law. Notwithstanding any other provision of 

 law, any Federal property located within the manage- 

 ment unit may, with the concurrence of the agency hav- 

 ing custody thereof, be transferred without considera- 

 tion to the administrative Jurisdiction of the Secretary 

 for use by him In carrying out the purposes of this 

 Act. The Secretary shall exercise caution In exchanging 

 land so as not to Impair substantially the programmed 

 allowable timber harvest of the Mount Baker-Snoqual- 

 mle and Wenatchee National Forest. Amounts appropri- 

 ated from the Land and Water Conservation Fund shall 

 be available for the acquisition of lands and Interest 

 for the purposes of this Act. 



"(b) In exercising his authority to acquire property 

 by exchange, the Secretary may accept title to any non- 

 Federal property located within the wilderness and 'In- 

 tended Wilderness', and convey to the owner of such 

 property any national forest land within the State of 

 Washington under the Jurisdiction of the Secretary: 

 Provided, That the Secretary may accept cash for or 

 pay cash to the grantor In such an exchange In order to 

 equalize minor differences In the values of the prop- 

 erties exchanged. 



"(c)(1) As non-Federal lands and Interests in the 

 wilderness and 'Intended Wilderness' are acquired, and 

 as they become protectable and admlnisterable as wil- 

 derness, the lands shall become part of the Alpine Lakes 

 Wilderness, and the Secretary shall publish from time 

 to time a notice of such classification In the Federal 

 Register. It Is the Intention of Congress that acquisi- 

 tion of the 'Intended Wilderness' shall be completed no 

 later than three years after the date of enactment of 

 this Act. At any time after three years from the date of 

 enactment of this Act, an action may be Instituted by 

 an owner, all of whose lands within the boundaries of 

 the 'Intended Wilderness' tiave been managed In such 

 a way so as not to become unsuitable or unmanageable 

 as wilderness (except for disturbance affecting a minor 

 land area and found by the Secretary to have resulted 

 from strictly accidental and unintentional circum- 

 stances) . against the United States in the district court 

 for the district In which such lands are located, to re- 

 quire the Secretary to acquire immediately all of said 

 owner's Interest in such lands, interests and property 

 and to pay in accordance with this section 4 Just com- 

 pensation for such lands, interest, and property the 

 plaintiff may have which are not yet acquired pursuant 

 to thU section 4. By February 1 of each year, the Secre- 

 tary shall report in writing to the Committee on In- 

 terior and Insular Affairs of the United States House of 

 Representatives and the Senate, on the status of nego- 

 tiations with private owners to effect exchanges and ac- 

 quisition of non-Federal property. 



"(2) The United States will pay Just compensation to 

 the owner of any lands and interests acquired by and 

 pursuant to this Act. Such compensation shall be paid 

 either: (A) by the Secretary of the Treasury from 

 money appropriated pursuant to this Act from the Land 

 and Water Conservation Fimd. or from any other funds 

 available for such use, upon certification to him by the 

 Secretary, of the agreed negotiated value of such prop- 

 erty, or the valuation of the property awarded by 

 Judgment, including interest at the rate of 8 per centum ' 

 per annum from the date of the acquisition of the prop- 

 erty or the date of filing an action according to the 

 provisions of section 4(c) (1) of this Act, whichever Is 

 earlier, to the date of payment therefor; or (B) by the 



Secretary, If the owner of the land concurs, with any 

 federally owned property available to him for purposes 

 of exchange pursuant to subsection 4(b) ; or (C) by 

 the Secretary using any combination of such money or 

 federally owned property. 



" (3) Just compensation shall be the fair market value 

 of the lands and interests acquired by and pursuant to 

 this Act, and shall be determined as of the date of 

 acquisition: Provided, however. That the fair market 

 value of those lands acquired from owners who, from 

 the time of enactment of this Act to the time of acquisi- 

 tion of any such lands, liave managed all lands within 

 the 'Intended Wilderness' under their ownership so as 

 not to make such lands unsuitable or unmanageable as 

 wilderness (except for disturbance affecting a minor 

 land area and found by the Secretary to have resulted 

 from strictly accidental and unintentional circum- 

 stances), shall be the sum of (A) the value of such 

 lands and Interests at the date of acquisition, plus (B) 

 any loss of value of timber from casualty, deterioration, 

 disease, or other natural causes from January 1. 1976. 

 to the date of acquisition, with all existing and lost or 

 damaged timber valued at the highest of (1) Its market 

 value on the date of acquisition, (11) Its market value on 

 January 1, 1976, or (ill) the mean average market value 

 between those dates: And provided further. That noth- 

 ing In this Act shall be deemed or construed to deny 

 to owners of non-Federal lands, or to change their 

 rights to access to such lands or to manage the same for 

 any otherwise lawful purpose prior to acquisition 

 thereof by the Secretary. For the purposes of this sec- 

 tion, the owner of property is defined as the holder of 

 fee title unless said property is subject to an agreement 

 of sale entered Into prior to April 1, 1976. 



Sec. 5. In conjunction with the preparation of a 

 wilderness management plan for the wilderness desig- 

 nated by this Act, the Secretary shall prepare a special 

 study of the Enchantment Area of the Alpine Lakes 

 Wilderness, taking into consideration Its especially 

 fragile nature, its ease of accessibility, its unusual at- 

 tractiveness, and Its resultant heavy recreational usage. 

 The study shall explore the feasibility and benefits of 

 establishing special provisions for managing the En- 

 chantment Area to protect its fragile beauty, while still 

 maintaining the availability of the entire area for 

 projected recreational demand. 



"Sec. 6. (a) Within two years of the enactment of 

 this Act, the Secretary shall, in accordance with the 

 provisions of this Act and other applicable acts govern- 

 ing the Involvement required by this and other per- 

 tinent law, prepare, complete and begin to Implement 

 in accordance with the provision of subsection (b) a 

 single multiple-use plan for the Federal lands in the 

 management unit. 



"(b) The management of the renewable resources 

 will be In accordance with the Multiple-Use Sustalned- 

 Yleld Act of 1960 (74 Stat. 215; 16 U.S.C. 528-531), 

 with other applicable laws and regulations of the 

 United States, and will be such to obtain multiple use 

 and sustained yield of the several products and serv- 

 ices obtained therefrom. 



"(c) The Secretary shall publish a notice of such 

 plan in the Federal Register and shall transmit it to 

 the President and to the United States House of Repre- 

 senatlves and to the Senate. The completed plan will 

 take effect and will be implemented no earlier than 

 ninety calendar days and no later than one hundred 

 and fifty calendar days from the date of such trans- 

 mittal. 



"(d) The resources of the management unit shall be 

 managed In accordance with the provisions of the 

 multiple-use plan- until such time as the plan may 

 be revised according to the provisions of this section. 



"(e) The Secretary shall review the multiple-use 

 plan from time to time and, with full public Involve- ' 

 ment, shall make any changes he deems necessary to 

 carry out the purposes of this Act. 



"(f) The Secretary shall permit and encourage the 

 use of renewable resources within the management 

 unit, and nothing In this Act shall be construed to 



