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16 U.S.C. § 544h — Interim management

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 544h — Interim management

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Stable record: federal_law:legal_authorities:record_usc_6aedc30521be95b1e78310a2
Source file: Laws/federal/codes/united-states-code/title-16/section-544h-interim-management--0c36a633c4.md
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Source location: Title 16, Chapter 2, § 544h; chapter-002-national-forests.md

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**(a) Interim guidelines** (1) 11 So in original. No par. (2) has been enacted. Within one hundred eighty days after November 17, 1986, the Secretary shall develop interim guidelines for the scenic area outside urban areas to identify land use activities which are inconsistent with sections 544 to 544p of this title and to govern the authority to acquire land without the consent of the owner provided by subsection (b) of this section. The Secretary shall promptly notify the public of adoption of the interim guidelines and transmit the guidelines to each county. Guidelines adopted by the Secretary pursuant to this subsection shall remain in effect for each county until the Secretary has developed guidelines for the special management areas pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) and the land use ordinances prescribed by [section 544e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544e&num=0&edition=prelim) are in effect. **(b) Interim acquisition authority and injunctive relief** Prior to the concurrence by the Secretary of land use ordinances prescribed by [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) and the approval by the Commission of land use ordinances prescribed by [section 544e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544e&num=0&edition=prelim), the following authorities are granted: (1) The Secretary may acquire by condemnation any land or interest which is being used or threatened to be used in a manner inconsistent with the purposes for which the scenic area was established and which will cause or is likely to cause impacts adversely affecting the scenic, cultural, recreation, and natural resources of the scenic area: Provided, That no lands or interests therein can be acquired by condemnation pursuant to this section if used in the same manner and for the same purposes as used on November 17, 1986, unless such land is used for or interest is in the development of sand, gravel, or crushed rock, or the disposal of refuse: Provided further, That within thirty days of the filing by the Secretary of a complaint for condemnation of any land or interest in the scenic area, outside of the special management areas and urban areas, the Commission, by a vote of two-thirds of its membership including a majority of the members appointed from each State, or if the Commission is not in existence the Governor of the State in which the land or interest is located, may disapprove such proposed complaint. (2) Upon or after the commencement of any action for condemnation pursuant to this subsection, the Secretary, acting through the Attorney General of the United States, may apply to the appropriate United States District Court for a temporary restraining order or injunction to prohibit the use of any property within the scenic area, but outside of urban areas, which will cause or is likely to cause impacts adversely affecting the scenic, cultural, recreation and natural resources of the scenic area or is otherwise inconsistent with the purposes for which the scenic area was established. During the period of such order or injunction, the Secretary shall diligently and in good faith negotiate with the owner of the property to assure that, following termination of the order or injunction, the inconsistent use is abated or the adverse effect is mitigated. **(c) Review of development action** Prior to the effective date of a land use ordinance for each county pursuant to [section 544e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544e&num=0&edition=prelim), and concurrence of the Secretary on a land use ordinance for each county pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim), the Commission shall review all proposals for major development actions and new residential development in such county in the scenic area, except urban areas. The Commission shall allow major development actions and new residential development only if it determines that such development is consistent with the standards contained in [section 544d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim) and the purposes of sections 544 to 544p of this title.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 544d — Scenic area management plan

**(a) Studies** Within one year after the date the Commission is established, it shall, in cooperation with the Secretary, complete the following studies for use in preparing the management plan: (1) **Resource inventory** — The Commission shall complete a resource inventory. The resource inventory shall— (A) document all existing land uses, natural features and limitations, scenic, natural, cultural, archaeological and recreation and economic resources and activities: Provided, That the location of any Indian burial grounds, village sites, and other areas of archaeological or religious significance shall not be made public information and such information shall be used for administrative purposes only; and (B) incorporate without change the resource inventory developed by the Secretary pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) for the special management areas. (2) **Economic opportunity study** — The Commission shall complete a study to identify opportunities to enhance the economies of communities in the scenic area in a manner consistent with the purposes of sections 544 to 544p of this title. (3) **Recreation assessment** — The Commission shall complete an assessment of recreation resources and opportunities for enhancement of these resources. The recreation assessment shall— (A) designate the location and specify the construction of an interpretive center or other appropriate facility, to be located in the State of Oregon, and of a conference center or other appropriate facility, to be located in the State of Washington; (B) identify areas within the scenic area that are suitable for other public use facilities, including but not limited to education

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544d

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 544e — Administration of scenic area

**(a) Management of scenic area** The non-Federal lands within the scenic area shall be administered by the Commission in accordance with the management plan and sections 544 to 544p of this title. **(b) Adoption of scenic area land use ordinances** (1) Within sixty days of initial receipt of the management plan, each county shall submit to the Commission a letter stating that it proposes to adopt a land use ordinance consistent with the management plan. If any county fails to submit such letter or fails to adopt a land use ordinance as provided in this section, the Commission shall carry out the requirements of subsection (c) of this section. (2) Within two hundred and seventy days of receipt of the management plan, each county shall adopt a land use ordinance consistent with the management plan, and thereafter may adopt an amendment, revision or variance to a land use ordinance at any time. Each county upon adoption of a land use ordinance shall promptly submit the ordinance to the Commission. (3) **Approval by commission.—** (A) Within ninety days after receipt of a land use ordinance, the Commission, by majority vote including at least three members from each State, shall approve the ordinance unless it determines the ordinance is inconsistent with the management plan. Should the Commission fail to act within ninety days, the ordinance shall be deemed to be approved. (B) If approval is denied, the Commission shall state the reasons for finding the ordinance is inconsistent with the management plan, and shall submit to the county suggested modifications to the ordinance to make it consistent with the management plan. (C) Each county shall have ninety days after it receives recommendations from the Commission to make modifications designed to eliminate th

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544e

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 544f — Administration of special management areas

**(a) Administration of Federal lands** (1) 11 So in original. No par. (2) has been enacted. The Secretary shall administer Federal lands within the special management areas in accordance with sections 544 to 544p of this title and other laws, rules and regulations applicable to the national forest system. In addition, the construction of roads and the management, utilization and harvest of timber on Federal lands within the special management areas also shall be subject to Forest Service visual resource management guidelines. The Secretary shall utilize lands acquired through exchange in calculating the allowable sales quantity on the Gifford Pinchot and Mount Hood National Forests. **(b) Withdrawal of Federal lands** Subject to valid existing rights, all Federal lands located in the special management areas are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws of the United States, and from disposition under all laws pertaining to mineral and geothermal leasing: Provided, That the Secretary may allow the exploration, development, or production of sand, gravel, and crushed rock as necessary to construct, maintain, or reconstruct roads in the special management areas. **(c) Resource inventory** The Secretary shall complete a resource inventory for the special management areas consistent with the process and substance of the inventory prescribed by [section 544d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d/a/1&num=0&edition=prelim). **(d) Recreation assessment** Within two years after November 17, 1986, the Secretary shall complete an assessment of recreation resources in the special management areas and opport

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544f

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 544 — Columbia River Gorge National Scenic Area; definitions

As used in sections 544 to 544p of this title, the term— **(a)** “adversely affect” or “adversely affecting” means, except as used in [section 544m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544m&num=0&edition=prelim), a reasonable likelihood of more than moderate adverse consequences for the scenic, cultural, recreation or natural resources of the scenic area, the determination of which is based on— (1) the context of a proposed action; (2) the intensity of a proposed action, including the magnitude and duration of an impact and the likelihood of its occurrence; (3) the relationship between a proposed action and other similar actions which are individually insignificant but which may have cumulatively significant impacts; and (4) proven mitigation measures which the proponent of an action will implement as part of the proposal to reduce otherwise significant affects to an insignificant level; **(b)** “agricultural lands” means lands designated as agricultural lands pursuant to [section 544d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim); **(c)** “Commission” means the Columbia River Gorge Commission established pursuant to [section 544c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544c&num=0&edition=prelim); **(d)** “counties” means Hood River, Multnomah, and Wasco Counties, Oregon; and Clark, Klickitat, and Skamania Counties, Washington; **(e)** “Dodson/Warrendale Special Purchase Unit” means the Dodson/Warrendale Special Purchase Unit established pursuant to [section 544b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b&num=0&edition=prelim); **(f)*

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 544n — Authorization of appropriations

**(a) General authorizations** There are authorized to be appropriated for fiscal years after the fiscal year 1986 such sums as are described below; 11 So in original. The semicolon probably should be a colon. (1) For the purpose of acquisition of lands, water and interests therein pursuant to sections 544 to 544p of this title: $40,000,000: Provided, That of this amount no more than $10,000,000 shall be available to acquire lands, water, and interests therein pursuant to [section 544h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544h&num=0&edition=prelim). Such amounts are authorized to be appropriated from amounts covered into the Land and Water Conservation Fund notwithstanding any allocation, apportionment, or limitation contained in chapter 2003 of title 54. (2) For the purpose of providing payments to local governments pursuant to section 544l(c) of this title: $2,000,000. **(b) Specific authorizations** There are authorized to be appropriated for fiscal years after the fiscal year 1986, effective upon concurrence on the management plan pursuant to [section 544d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim): (1) For the purpose of construction of an interpretive center to be located in the State of Oregon, and a conference center to be located in the State of Washington: $10,000,000. (2) For the purpose of construction of recreation facilities pursuant to [section 544e(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544e/d&num=0&edition=prelim): $10,000,000. (3) For the purpose of preparing a program and restoring and reconstructing the Old Columbia River Scenic Highway, Oregon pursuant to [sectio

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544n

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 544o — Savings provisions

**(a) Effect on rights of Indians, use of water, rivers and streams, interstate compacts, existing transmission facilities, hunting and fishing, forest plans, scenic areas** Nothing in sections 544 to 544p of this title shall— (1) affect or modify any treaty or other rights of any Indian tribe; (2) except as provided in section 13(c),11 See References in Text note below. authorize the appropriation or use of water by any Federal, State, or local agency, Indian tribe, or any other entity or individual; (3) except as provided in section 13(c),1 affect the rights or jurisdictions of the United States, the States, Indian tribes or other entities over waters of any river or stream or over any ground water resource or affect or interfere with transportation activities on any such river or stream; (4) except as provided in section 13(c),1 alter, establish, or affect the respective rights of the United States, the States, Indian tribes, or any person with respect to any water or water-related right; (5) alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the States before November 17, 1986; (6) affect or modify the ability of the Bonneville Power Administration to operate, maintain, and modify existing transmission facilities; (7) affect lands held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other lands acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes; (8) affect the laws, rules and regulations pertaining to hunting and fishing under existing State and Federal laws and Indian treaties; (9) require any revision or amendment of any forest plan adopted pursuant

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 544h — Interim management

Page 1030 TITLE 16—CONSERVATION § 544h 1 So in original. No par. (2) has been enacted. ‘‘(2) If the counties wherein special management areas are located provide the Forest Service adminis- trator of the Columbia River Gorge National Scenic Area lists of the names and addresses of landowners within the special management areas as of September 1, 2000, the Forest Service shall send to such names and addresses by certified first class mail notice of the pro- visions contained in the amendments made by sub- sections (a) and (b); ‘‘(A) The mailing shall occur within twenty work- ing days of the receipt of the list; and ‘‘(B) The mailing shall constitute constructive no- tice to landowners, and proof of receipt by the ad- dressee shall not be required.’’ CONVEYANCE OF LANDS BETWEEN SKAMANIA COUNTY AND THE UNITED STATES Pub. L. 105–277, div. A, § 101(e) [title III, § 341], Oct. 21, 1998, 112 Stat. 2681–231, 2681–296, provided that: ‘‘Upon the condition that Skamania County conveys title acceptable to the Secretary of Agriculture to all right, title and interest in lands identified on a map dated September 29, 1998 entitled ‘Skamania County Lands to be Transferred’, such lands being located on Table Mountain lying within the Columbia River Gorge National Scenic Area, there is hereby conveyed to Skamania County, notwithstanding any other provi- sion of law, the Wind River Nursery Site lands and fa- cilities and all interests therein, except for the corridor of the Pacific Crest National Scenic Trail, as depicted on a map dated September 29, 1998, entitled ‘Wind River Conveyance’, which is on file and available for public inspection in the Office of the Chief, USDA Forest Service, Washington, D.C. ‘‘The conveyance of lands to Skamania County shall beco

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 544h

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