Big Sur Coast Area Act

Summary

Big Sur Coast Area Act - Establishes the Big Sur Coast Area in the State of California. Requires the Secretary of Agriculture, within 30 days after the date of enactment of this Act, to establish a Big Sur Area Council to recommend a comprehensive management plan for the Big Sur Area, facilitate communication and coordination among the governmental agencies that have jurisdiction within the area and the residents of the area, and advise the Secretary on the appropriate Federal role in the management of the Big Sur Area. Requires the Council, within 24 months following the date of enactment, to recommend to the Secretary a comprehensive management plan for the protection and management of the Big Sur Area. Sets forth the elements to be contained in such plan. Requires the Council, in the event that the local coastal programs for the Big Sur Area mandated by the California Coastal Act of 1976 are not certified by the California Coastal Commission by the statutory deadline of June 1, 1981, to recommend a land-use plan and implementation program for the area that shall be in effect until certification of the local coastal programs. Requires the Secretary, within 120 days after the date the management plan is submitted by the Council, to approve or amend the plan. Requires the Secretary to submit to the Council any amendments to such plan with an explanation of the reasons for such amendments. Requires the Council to respond, within 90 days, to the amendments made by the Secretary and to submit any recommendations for changes in the plan. Requires the Secretary, within 30 days after receiving the response of the Council, to revise the plan in a manner which adequately responds to the recommendations of the Council and to adopt the plan as so revised. Sets forth the administrative responsibilities of the State of California and local governmental authorities having jurisdiction within the Big Sur Area. Prohibits any mineral entry on any lands within such area. Specifies that no timber harvest shall be allowed on such lands except to the extent necessary to maintain the scenic character and natural environment. Specifies that the Secretary, with the advice of the Council, shall provide for the administration of the comprehensive management plan and shall ensure that such plan is carried out by all State and local agencies. Allows the Secretary to enter into contracts or joint powers agreements with State and local agencies, landowners, or private nonprofit organizations in order to provide for the management of the area. Grants the Secretary the power to enjoin uses of public or private lands that are substantially inconsistent with the purposes of this Act. Requires any consistency determination submitted to the California Coastal Commission pursuant to the Federal Coastal Zone Management Act of 1972 for any development project within or adjacent to the Big Sur Area to include a recommendation made by the Council for concurrence or objection by the Coastal Commission, based on the Council's review of the project or plan for its consistency with the comprehensive management plan. Authorizes the Secretary, during the development of the comprehensive management plan, to acquire interests within the Big Sur Area which have been recommended for such acquisition by the Council or any other areas determined by the Secretary to have critical ecological or scenic values which are in immediate danger of being adversely affected. Sets forth the authorities of the Secretary with regard to the acquisition of land after the comprehensive management plan has been adopted. Authorizes the Secretary to make grants to the State, to local governments, and to private or other public entities for the acquisition of interests within the area. Permits the Secretary to convey property acquired pursuant to this Act to State or local authorities, or private land trusts, in accordance with the management plan. Permits the Secretary to sell or lease back lands purchased within the area to the original owner of such lands subject to restrictions to ensure that such lands are used in a manner consistent with the purposes of this Act. Prohibits the Secretary from acquiring private property within the area by condemnation except if such acquisition is required to: (1) provide for public access and recreation use as specified by the management plan; (2) prevent new uses which would be incompatible with such plan; or (3) reclaim lands on which new uses have been initiated. Prohibits the Secretary from condemning any structure on which construction was initiated prior to April 1, 1980, or any property adjacent to such a structure which is determined to be reasonably necessary to the use and enjoyment of such structure. Requires the Secretary of Defense, whenever it is determined that any lands under such Secretary's jurisdiction within the Big Sur Area exceed the needs of the Department, to transfer such lands to the Secretary of Agriculture to be administered pursuant to the management plan.

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Documents

3 official files

• Passed House amended

  summary · EN · 25 August 1980

  Open at official source

• Reported to House with amendment(s)

  summary · EN · 21 August 1980

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• Introduced in House

  summary · EN · 19 May 1980

  Open at official source

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