16 U.S.C. § 544j — Old Columbia River Highway

Page 1032 TITLE 16—CONSERVATION § 544j 1 So in original. Probably should be ‘‘subsection’’. § 544j. Old Columbia River Highway The Oregon Department of Transportation shall, in consultation with the Secretary and the Commission, the State of Oregon and the counties and cities in which the Old Columbia River Highway is located, prepare a program and undertake efforts to preserve and restore the continuity and historic integrity of the re- maining segments of the Old Columbia River Highway for public use as a Historic Road, in- cluding recreation trails to connect intact and usable segments. (Pub. L. 99–663, § 12, Nov. 17, 1986, 100 Stat. 4293.) § 544k. Tributary rivers and streams (a) Water resources projects The following rivers and streams shall be sub- ject to the same restrictions on the licensing, permitting, and exempting from licensing and the construction of water resource projects as provided for components of the National Wild and Scenic Rivers System pursuant to section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)): (1) any tributary river or stream to the Co- lumbia River not designated in subsections 1 (c) or (d) of this section or otherwise specified in this subsection which flows in whole or in part through a special management area, un- less the construction of a water resources project would not have a direct and adverse ef- fect on the scenic, cultural, recreation, and natural resources of the scenic area; (2) any river or river segment which flows in whole or in part through the scenic area and which is established pursuant to State law as a wild, scenic, or recreation river or which is under study pursuant to State law for the po- tential inclusion in any such State protected river system, unless such project or projects meet terms and conditions set by State agen- cies exercising administration over such river or river segment; (3) the Wind River, Washington, for a period not less than three years following the later of— (A) final approval of the Gifford Pinchot National 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 et seq.); or (B) submittal by the Secretary of a report to the President on the suitability or non- suitability for addition to the national wild and scenic rivers system and a report by the President to the Congress of recommenda- tions and proposals with respect to the des- ignation of such river under the Wild and Scenic Rivers Act [16 U.S.C. 1271 et seq.]; (4) the Hood River, Oregon, if such facility impounds or diverts water other than by means of a dam or diversion existing as of No- vember 17, 1986; and (5) the segment of the Little White Salmon, Washington, from the Willard National Fish Hatchery to its confluence with the Columbia River if such facility impounds or diverts water other than by means of a dam or diver- sion existing as of November 17, 1986. (b) Exceptions The provisions of subsection (a) shall not apply to those portions of tributary rivers or streams to the Columbia River which flow through or border on Indian reservations. Noth- ing in this section shall apply to or affect any segment of any river designated as a wild and scenic river under section 3 of the Wild and Sce- nic Rivers Act (16 U.S.C. 1274) or any river des- ignated for study under section 5 of such Act (16 U.S.C. 1276). (Pub. L. 99–663, § 13(a), (b), Nov. 17, 1986, 100 Stat. 4293, 4294; Pub. L. 111–11, title I, § 1203(b), Mar. 30, 2009, 123 Stat. 1012.) Editorial Notes REFERENCES IN TEXT Subsection (c) or (d) of this section, referred to in subsec. (a)(1), is subsec. (c) or (d) of section 13 of Pub. L. 99–663, Nov. 17, 1986, 100 Stat. 4294, which amended sections 1274(a) and 1276(a), respectively, of this title. The National Forest Management Act of 1976, re- ferred to in subsec. (a)(3)(A), 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, 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 Wild and Scenic Rivers Act, referred to in subsec. (a)(3)(B), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, which is classified generally to chapter 28 (§ 1271 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1271 of this title and Tables. CODIFICATION Section 13 of Pub. L. 99–663, which enacted this sec- tion, consisted of subsecs. (a) to (d). Subsecs. (a) and (b) of section 13 were classified to this section, and sub- secs. (c) and (d) of section 13 amended sections 1274 and 1276 of this title, respectively. AMENDMENTS 2009—Subsec. (a)(4). Pub. L. 111–11 struck out ‘‘for a period not to exceed twenty years from November 17, 1986,’’ before ‘‘if such facility’’. § 544l. Implementation measures (a) Assistance to counties The Secretary shall provide technical assist- ance on a nonreimbursable basis to counties for the development of land use ordinances pre- scribed by sections 544e and 544f of this title: Provided, That in the event a county fails to ob- tain approval by the Commission for a land use ordinance within three years after the date technical assistance is first provided under this subsection for the development of a land use or- dinance, the Secretary shall terminate all tech- nical assistance for any participation in the de- velopment of such ordinance. (b) Payment of timber receipts (1) Notwithstanding the provisions of section 500 of this title, that portion of which is paid under such provisions to the State of Oregon with respect to the special management areas