Big Sur Coast Area Act

(Measure passed House, amended, roll call #485 (257-118))

Big Sur Coast Area Act - Establishes the Big Sur Coast Area in the State of California.

Establishes the Big Sur Coast Area Council, the members of which shall be appointed within 90 days after the date of enactment of this Act. Directs the Secretary of Agriculture to convene the Council within 120 days after such date. Directs the Council: (1) within 24 months after such date, to recommend to the Secretary a comprehensive management plan for the protection and management of the Big Sur Area; (2) to facilitate communication and coordination among the governmental agencies that have jurisdiction within the area and the residents of the area; and (3) to advise the Secretary on the appropriate Federal role in the management of the Big Sur Area. Sets forth the elements to be contained in such comprehensive 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 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. Directs the Council to review the plan periodically, but not less frequently than once every five years.

Sets forth the administrative responsibilities of the State of California and local governmental authorities having jurisdiction within the Big Sur Area.

Withdraws, subject to valid existing rights, all federally owned lands within the Area from the operation of the mining and mineral leasing laws of the United States. Prohibits any timber harvest or other cutting of timber on so much of the Los Padres National Forest as is within the Area except to the extent necessary to control fire, disease, or insect activity.

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 agreements with State and local agencies, landowners, or private nonprofit organizations in order to provide for the management of the area.

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, from the date of enactment of this Act until the adoption of the plan, to acquire: (1) lands, waters, or interests therein within the Big Sur Area by donation, purchase with donated or appropriated funds, or exchange where such lands, waters, or interests therein have been recommended for such acquisition by the Council; or (2) any other lands, waters, or interests therein determined by the Secretary to have critical ecological or scenic values which are in immediate danger of being adversely affected or destroyed. Sets forth the authorities of the Secretary with respect to land acquisition after the 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 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 acquiring without the consent of the owner thereof any structure approved pursuant to State and local law on which construction was initiated prior to July 1, 1980, including such lands on which the structure is located as are determined to be reasonably necessary to the use and enjoyment of the structure.

Directs the Secretary of Defense to transfer any lands under such Secretary's jurisdiction within the Big Sur Area whenever it is determined that such lands exceed the needs of the Department of Defense.

Specifies that nothing in this Act shall be construed to affect or in any way diminish the authority of the California Department of Fish and Game or the California Fish and Game Commission to regulate or otherwise manage and preserve the fish and wildlife resources of the State in the Big Sur Area.