16 U.S.C. § 544o — Savings provisions

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 States of Oregon and Washington shall have jurisdiction— (A) to review any appeals taken to the Commission pursuant to subsection (a)(2) of this section; (B) over any civil action brought by the Commission pursuant to subsection (b)(1) of this section or against the Commission, a State, or a county pursuant to subsection (b)(2) of this section; (C) over any appeal of any order, regula- tion, or other action of the Commission or a county taken pursuant to paragraph 4 2 of this subsection; or (D) any civil penalties assessed by the Commission pursuant to subsection (a)(3) of this section. (Pub. L. 99–663, § 15, Nov. 17, 1986, 100 Stat. 4297.) § 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; 1 (1) For the purpose of acquisition of lands, water and interests therein pursuant to sec- tions 544 to 544p of this title: $40,000,000: Pro- vided, That of this amount no more than $10,000,000 shall be available to acquire lands, water, and interests therein pursuant to sec- tion 544h of this title. Such amounts are au- thorized to be appropriated from amounts cov- ered into the Land and Water Conservation Fund notwithstanding any allocation, appor- tionment, 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 pur- suant to section 544d of this title: (1) For the purpose of construction of an in- terpretive 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 recre- ation facilities pursuant to section 544e(d) of this title: $10,000,000. (3) For the purpose of preparing a program and restoring and reconstructing the Old Co- lumbia River Scenic Highway, Oregon pursu- ant to section 544j of this title: $2,800,000. (4) For the purpose of providing economic development grants pursuant to section 544i of this title: $5,000,000 for each State: Provided, That funds authorized to be appropriated pur- suant to this paragraph shall be available for the acquisition of lands and interests therein pursuant to section 544h of this title if, at the expiration of three years, the States have failed to carry out their respective function pursuant to section 544c of this title. (c) Availability of funds Funds appropriated under subsections (a)(2) and (b) shall not be made available for any coun- ty which does not have in effect a land use ordi- nance which has been found to be consistent by the Commission, and concurred on by the Sec- retary as consistent with the management plan pursuant to section 544f of this title. (Pub. L. 99–663, § 16, Nov. 17, 1986, 100 Stat. 4300; Pub. L. 113–287, § 5(d)(17), Dec. 19, 2014, 128 Stat. 3265.) Editorial Notes AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–287, which directed amendment of par. (1) by substituting ‘‘chapter 2003 of title 54’’ for ‘‘the Land and Water Conservation Fund (16 U.S.C. 460l–4 and following)’’, was executed by mak- ing the substitution for ‘‘the Land and Water Conserva- tion Fund (16 U.S.C. 4601–4 and following)’’, to reflect the probable intent of Congress. § 544o. Savings provisions (a) Effect on rights of Indians, use of water, riv- ers and streams, interstate compacts, exist- ing transmission facilities, hunting and fish- ing, forest plans, scenic areas Nothing in sections 544 to 544p of this title shall— Page 1037 TITLE 16—CONSERVATION § 544p 1 See References in Text note below. 1 So in original. No subsec. (b) has been enacted. (1) affect or modify any treaty or other rights of any Indian tribe; (2) except as provided in section 13(c),1 au- thorize 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 enti- ties over waters of any river or stream or over any ground water resource or affect or inter- fere 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 Bonne- ville Power Administration to operate, main- tain, and modify existing transmission facili- ties; (7) affect lands held in trust by the Sec- retary of the Interior for Indian tribes or indi- vidual 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 per- taining 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 Na- tional Forest Management Act of 1976 (Act of October 22, 1976, Public Law 94–588, as amended (16 U.S.C. 1600 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 direc- tives for the scenic area or special manage- ment areas can be seen or heard from these areas shall not, of itself, preclude such activi- ties or uses up to the boundaries of the scenic area or special management areas. (b) Improvement of navigation facilities at Bon- neville 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-Fed- eral timber land owners under the Oregon and Washington Forest Practices Acts or any county regulations which under applicable State law su- persede such Acts. (d) Interstate compacts Mandatory language in sections 544 to 544p of this title respecting the powers and responsibil- ities of the Commission shall be interpreted as conditions precedent to congressional consent to the interstate compact described in section 544c of this title. (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, the Secretary shall not be obligated to take actions which are predi- cated upon the establishment of the Commis- sion. (f) Actions of Secretary as major Federal actions affecting the environment (1) Actions by the Secretary pursuant to sub- sections (f), (g), and (h) of section 544d of this title; subsections (f), (j), (k), and (l) of section 544f of this title; section 544g of this title; and subsections (a) and (b)(2) of section 544h of this title 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) nor require the preparation of an environmental as- sessment in accordance with that Act [42 U.S.C. 4321 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. (Pub. L. 99–663, § 17, Nov. 17, 1986, 100 Stat. 4300.) Editorial Notes REFERENCES IN TEXT Section 13(c), referred to in subsec. (a)(2) to (4), is sec- tion 13(c) of Pub. L. 99–663, Nov. 17, 1986, 100 Stat. 4294, which amended section 1274(a) of this title. The National Forest Management Act of 1976, re- ferred to in subsec. (a)(9), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provi- sions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables. The National Environmental Policy Act, referred to in subsec. (f), probably means the National Environ- mental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. § 544p. Severability (a) 1 If any provision of sections 544 to 544p of this title or the application thereof to any per- son, State, Indian tribe, entity, or circumstance is held invalid, neither the remainder of sections 544 to 544p of this title, nor the application of any provisions herein to other persons, States,