Pub. L. 101-593, tit. I, sec. 109

TRANSFER OF LANDS.

EnactedYear: 1990Length: 755 wordsOfficial source
SEC. 109. TRANSFER OF LANDS. (a) Removal From National Wildlife Refuge.—Pursuant to the requirements of section 4(a)(3) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)(3)), the approximately 44,550 acres of land designated the Carolina Sandhills Wildlife Management Area and known as the Sand Hills State Forest, as described in Executive Order Numbered 8510, dated August 8, 1940, are hereby removed from the National Wildlife Refuge System. (b) Transfer of Lands.—Subject to the terms and conditions set forth in subsection (f), the Secretary of the Interior is authorized and directed to transfer the title, rights, and interest to the lands identified in subsection (a) of this section to the South Carolina Commission of Forestry, an agency of the State of South Carolina, for use of public purposes as a multiple use State forest providing sustained yield production of forest products, public recreation, wildlife benefits, and demonstration and education projects by the South Carolina Commission of Forestry. (c) Right of Reversion.— If— (1) the Secretary determines that the South Carolina Commission of Forestry is not in compliance with any of such terms and conditions of transfer; (2) at any time the land ceases to be used for public purposes (except as provided in subsection (d) of this section); or (3) the South Carolina Commission of Forestry no longer desires to own or operate the Sand Hills State Forest, the land transferred pursuant to subsection (b) of this section shall revert to the United States, to be managed as part of the National Wildlife Refuge System. (d) Acquisition of Additional Lands.— (1) Subject to the provisions of paragraph (2) of this subsection, the South Carolina Commission of Forestry may acquire tracts of land within or adjacent to the boundaries of the transferred land by exchange or sale of parcels of transferred land, with the proceeds of any such sale being designated for such acquisition. (2) The acquisition authorized by paragraph (1) of this subsection shall be subject to the following conditions: (A) The South Carolina Commission of Forestry shall provide notification to the United States Fish and Wildlife Service prior to any such acquisition. 104 STAT. 2959 (B) The South Carolina Commission of Forestry has determined prior to such acquisition that such acquisition is in the best interest of the public purposes of the State of South Carolina and is necessary in order to facilitate efficient management and administration of the Sand Hills State Forest area. (e) Repeal of Executive Order.—Executive Order Numbered 8510, dated August 8, 1940, is repealed as of the date the lands identified in subsection (a) of this section are transferred to the South Carolina Commission of Forestry. (f) Terms and Conditions.— The transfer of lands authorized in subsection (b) of this section shall be conditioned upon the South Carolina Commission of Forestry— (1) managing the transferred lands for the benefit of such endangered and threatened species of plants or animals which may be present there, and particularly in accordance with the objectives of the Recovery Plan for the Red Cockaded Wood-pecker, and any amendments to such plan; (2) consulting with the United States Fish and Wildlife Service regarding the impacts of its management practices upon endangered and threatened species in the transferred lands under the provisions of section 7(a)(2) of the Endangered Species Act (16 U.S.C. 1531 et seq.), as if the South Carolina Commission of Forestry were a Federal agency; (3) entering into and abiding by an agreement with the United States Fish and Wildlife Service to provide to the Carolina Sandhills National Wildlife Refuge at no cost— (A) basic forest fire protection services (including presuppression, detection, and initial attack of wildfires) for a period of 50 years from the date of transfer subject to the condition that the United States shall pay the South Carolina Commission of Forestry the actual costs of any wildfire suppression activities after a 12-hour period from the initial attack on the fire; (B) prescribed burning services as requested, up to a maximum of 5,000 acres annually, for a period of 5 years from the date of transfer, subject to smoke management and other related regulations in effect at the time of the request, and contingent upon the South Carolina Commission of Forestry retaining the legal and physical capability to perform the service; and (C) reforestation services for converting approximately 2,300 acres of slash pine plantation to more desirable species, as determined by the Refuge, in approximately equal installments over a period not to exceed 10 years from the date of transfer.
Pub. L. 101-593, tit. I, sec. 109: TRANSFER OF LANDS. | Justis AI