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16 U.S.C. § 544o — Savings provisions
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-16/section-544o-savings-provisions--a1bc8cca78.md
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Source location: Title 16, Chapter 2, § 544o; chapter-002-national-forests.md
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**(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 to the National Forest Management Act of 1976 (Act of October 22, 1976, Public Law 94–588, as amended ([16 U.S.C. 1600](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1600&num=0&edition=prelim) et seq.)); or
(10) establish protective perimeters or buffer zones around the scenic area or each special management area. The fact that activities or uses inconsistent with the management directives for the scenic area or special management areas can be seen or heard from these areas shall not, of itself, preclude such activities or uses up to the boundaries of the scenic area or special management areas.
**(b) Improvement of navigation facilities at Bonneville Dam** Except for the offsite disposal of excavation material, nothing in sections 544 to 544p of this title shall be construed to affect or modify the responsibility of the United States Army Corps of Engineers to improve navigation facilities at Bonneville Dam pursuant to Federal law.
**(c) Rights and responsibilities of non-Federal timber land owners** Except for the management, utilization, or disposal of timber resources of non-Federal lands within the special management areas, nothing in sections 544 to 544p of this title shall affect the rights and responsibilities of non-Federal timber land owners under the Oregon and Washington Forest Practices Acts or any county regulations which under applicable State law supersede such Acts.
**(d) Interstate compacts** Mandatory language in sections 544 to 544p of this title respecting the powers and responsibilities of the Commission shall be interpreted as conditions precedent to congressional consent to the interstate compact described in [section 544c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544c&num=0&edition=prelim).
**(e) Failure to establish Columbia River Gorge Commission; responsibility of Secretary** In the event that the States of Washington and Oregon fail to comply with the provisions of [section 544c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544c&num=0&edition=prelim), the Secretary shall not be obligated to take actions which are predicated upon the establishment of the Commission.
**(f) Actions of Secretary as major Federal actions affecting the environment**
(1) Actions by the Secretary pursuant to subsections (f), (g), and (h) of [section 544d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim); subsections (f), (j), (k), and (l) of [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim); [section 544g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544g&num=0&edition=prelim); and subsections (a) and (b)(2) of [section 544h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544h&num=0&edition=prelim) shall neither be considered major Federal actions significantly affecting the quality of the environment under section 102 of the National Environmental Policy Act ([42 U.S.C. 4332](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332&num=0&edition=prelim)) nor require the preparation of an environmental assessment in accordance with that Act [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.].
(2) Except as provided in paragraph (1) of this subsection, nothing in sections 544 to 544p of this title shall expand, restrict, or otherwise alter the duties of the Secretary under the National Environmental Policy Act.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.
**(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may—
(1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
(4) preserve important historic, cultural, and natural aspects of our national heritag
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4332
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisition authorized**
(1) The Secretary is authorized to acquire any lands or interests therein within the special management areas and the Dodson/Warrendale Special Purchase Unit which the Secretary determines are needed to achieve the purposes of sections 544 to 544p of this title: Provided, That any lands, waters, or interests therein owned by either State or any political subdivision thereof may be acquired only by donation or exchange.
(2) Lands within the State of Oregon acquired by the Secretary pursuant to sections 544 to 544p of this title shall become part of the Mount Hood National Forest. Lands within the State of Washington acquired by the Secretary pursuant to this section shall become part of the Gifford Pinchot National Forest. All lands acquired by the Secretary pursuant to sections 544 to 544p of this title shall be subject to the laws and regulations pertaining to the National Forest System and sections 544 to 544p of this title.
**(b) Limitations on eminent domain**
(1) Where authorized in subsection (a) of this section to acquire land or interests therein without the consent of the owner, the Secretary shall—
(A) acquire only such land or interests therein as is reasonably necessary to accomplish the purposes of sections 544 to 544p of this title; and
(B) do so only in cases where all reasonable efforts to acquire with the consent of the owner such lands, or interests therein, have failed.
(2) Notwithstanding the provisions of subsection (a) of this section, the Secretary may not acquire without the consent of the owner lands or interests therein which—
(A) on November 17, 1986, were used primarily for educational, religious, or charitable purposes, single-family residential purposes, farming, or grazing so long as the existin
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544g
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and membership of Commission**
(1) To achieve the purposes of sections 544 to 544p of this title and to facilitate cooperation among the States of Oregon and Washington, and with the United States of America, the consent of Congress is given for an agreement described in sections 544 to 544p of this title pursuant to which, within one year after November 17, 1986—
(A) the States of Oregon and Washington shall establish by way of an interstate agreement a regional agency known as the Columbia River Gorge Commission, and shall incorporate sections 544 to 544p of this title by specific reference in such agreement. The Commission shall carry out its functions and responsibilities in accordance with the provisions of the interstate agreement and of sections 544 to 544p of this title and shall not be considered an agency or instrumentality of the United States for the purpose of any Federal law;
(B) the States of Oregon and Washington shall provide to the Commission, State agencies, and the counties under State law the authority to carry out their respective functions and responsibilities in accordance with the provisions of paragraph (1)(A) of this subsection; and
(C) the States of Oregon and Washington shall appoint members of the Commission as provided in clauses (i) through (iii), subject to applicable State law: Provided, That the Governor of either State may extend the time for appointment of Commission members ninety days to provide more time for the States and counties to make such appointments. Membership of the Commission shall be as follows:
(i) six members, comprised of one resident from each of the following counties: Hood River, Multnomah, and Wasco Counties, Oregon, and Clark, Klickitat, and Skamania Counties, Washington, to b
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544c
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Federal law — U.S. Code and appendices · legal_authorities
**(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
The Congress finds that—
(1) the management of the Nation’s renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over time;
(2) the public interest is served by the Forest Service, Department of Agriculture, in cooperation with other agencies, assessing the Nation’s renewable resources, and developing and preparing a national renewable resource program, which is periodically reviewed and updated;
(3) to serve the national interest, the renewable resource program must be based on a comprehensive assessment of present and anticipated uses, demand for, and supply of renewable resources from the Nation’s public and private forests and rangelands, through analysis of environmental and economic impacts, coordination of multiple use and sustained yield opportunities as provided in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; [16 U.S.C. 528–531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section528–531&num=0&edition=prelim)), and public participation in the development of the program;
(4) the new knowledge derived from coordinated public and private research programs will promote a sound technical and ecological base for effective management, use, and protection of the Nation’s renewable resources;
(5) inasmuch as the majority of the Nation’s forests and rangeland is under private, State, and local governmental management and the Nation’s major capacity to produce goods and services is based on these nonfederally managed renewable resources, the Federal Government should be a catalyst to encourage and assist these owners in the efficient long-term use and improvement of these lands and their renewable resources consistent with the principles of sustained yield and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1600
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Federal law — U.S. Code and appendices · legal_authorities
Page 1947
TITLE 16—CONSERVATION
§ 1600
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81
Stat. 884, known as the Endangered Species Act of 1973,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 1531 of this title and
Tables.
AMENDMENTS
2000—Pub. L. 106–201, in introductory provisions, sub-
stituted ‘‘Notwithstanding section 3003 of Public Law
104–66 (31 U.S.C. 1113 note; 109 Stat. 734), on’’ for ‘‘On’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–201, § 1(b), May 18, 2000, 114 Stat. 307, pro-
vided that: ‘‘The amendment made by this section
[amending this section] takes effect on the earlier of—
‘‘(1) the date of enactment of this Act [May 18,
2000]; or
‘‘(2) December 19, 1999.’’
CHAPTER 36—FOREST AND RANGELAND
RENEWABLE RESOURCES PLANNING
SUBCHAPTER I—PLANNING
Sec.
1600.
Congressional findings.
1601.
Renewable Resource Assessment.
1602.
Renewable Resource Program; preparation by
Secretary and transmittal to President;
purpose and development of program; time
of preparation, updating and contents.
1603.
National Forest System resource inventories;
development, maintenance, and updating by
Secretary as part of Assessment.
1604.
National Forest System land and resource
management plans.
1605.
Protection, use and management of renew-
able resources on non-Federal lands; utili-
zation of Assessment, surveys and Program
by Secretary to assist States, etc.
1606.
Budget requests by President for Forest Serv-
ice activities.
1606a.
Reforestation Trust Fund.
1607.
National Forest System renewable resource
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1600
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1600. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1036
TITLE 16—CONSERVATION
§ 544n
2 So in original. Probably should be paragraph ‘‘(4)’’.
1 So in original. The semicolon probably should be a colon.
nent threat to the health or safety of the
plaintiff or would immediately affect a legal
interest of the plaintiff.
(4) Judicial review
Any person or entity adversely affected by—
(A) any final action or order of a county,
the Commission, or the Secretary relating
to the implementation of sections 544 to 544p
of this title;
(B) any land use ordinance or interim
guideline adopted pursuant to sections 544 to
544p of this title;
(C) any appeal to the Commission pursu-
ant to this section;
(D) any civil penalty assessed by the Com-
mission pursuant to paragraph (a)(3) of this
subsection may appeal such action or order
by filing in any of the courts specified in
paragraph (5) of this subsection, within sixty
days after the date of service of such order
or within sixty days after such action is
taken, a written petition requesting such ac-
tion, order, land use ordinance, interim
guideline, or appeal taken to the Commis-
sion be modified, terminated, or set aside.
(5) Federal court jurisdiction
The United States district courts located in
the States of Oregon and Washington shall
have jurisdiction over—
(A) any criminal penalty imposed pursuant
to section 551 of this title, or any other ap-
plicable law for violation of any order, regu-
lation or other action taken by the Sec-
retary pursuant to sections 544 to 544p of
this title;
(B) any civil action brought against the
Secretary pursuant to this section; or
(C) any appeal of any order, regulation, or
other action of the Secretary taken pursu-
ant to paragraph (4) of this subsection.
(6) State court jurisdiction
The State courts of the Sta
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 544o
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.