§ 482b. — Mount Hood National Forest; mining rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC482b]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 482b. Mount Hood National Forest; mining rights
On and after May 11, 1934, mining locations made under the United
States mining laws upon lands within the Mount Hood National Forest in
the State of Oregon shall confer on the locator the right to occupy and
use so much of the surface of the land covered by the location as may be
reasonably necessary to carry on prospecting and mining, including the
taking of mineral deposits and timber required by or in the mining
operations, and no permit shall be required or charge made for such use
or occupancy: Provided, however, That the cutting and removal of timber,
except where clearing is necessary in connection with mining operations
or to provide space for buildings or structures used in connection with
mining operations, shall be conducted in accordance with the rules for
timber cutting on adjoining national-forest land, and no use of the
surface of the claim or the resources therefrom not reasonably required
for carrying on mining or prospecting shall be allowed except under the
national-forest rules and regulations, nor shall the locator prevent or
obstruct other occupancy of the surface or use of surface resources
under authority of national-forest regulations, or permits issued
thereunder, if such occupancy or use is not in conflict with mineral
development.
(May 11, 1934, ch. 280, Sec. 1, 48 Stat. 773.)
References in Text
The United States mining laws, referred to in text, are classified
generally to Title 30, Mineral Lands and Mining.
Bull Run Watershed Management Unit
Pub. L. 95-200, Nov. 23, 1977, 91 Stat. 1425, as amended by Pub. L.
104-208, div. B, title VI, Secs. 601 to 604, Sept. 30, 1996, 110 Stat.
3009-541; Pub. L. 104-333, div. I, title X, Sec. 1026(a), Nov. 12, 1996,
110 Stat. 4228; Pub. L. 107-30, Secs. 1, 2(a), (c), Aug. 20, 2001, 115
Stat. 210, 211, provided that:
``preamble
``The Congress finds that an area of land in the State of Oregon
known variously as the Bull Run National Forest and the Bull Run Forest
Reserve is presently the source of the sole domestic water supply for
the city of Portland, Oregon (hereinafter called the `city') and other
local governmental units and persons in the Portland metropolitan area,
reserved for the city by a Presidential proclamation issued in 1892 and
furnishing an extremely valuable resource of pure clear raw potable
water, the continued production of which should be the principal
management objective in the area hereinafter referred to as `the unit';
that the said area is now managed under terms of a Federal court decree
issued pursuant to turn of the century law which does not appropriately
address present and future needs and opportunities for the protection,
management, and utilization of the resources contained therein.
``section 1. establishment of special resources management unit;
definition of secretary
``(a) Definition of Secretary.--In this Act, the term `Secretary'
means--
``(1) with respect to land administered by the Secretary of
Agriculture, the Secretary of Agriculture; and
``(2) with respect to land administered by the Secretary of the
Interior, the Secretary of the Interior.
``(b) Establishment.--
``(1) In general.--There is established, subject to valid
existing rights, a special resources management unit in the State of
Oregon, comprising approximately 98,272 acres, as depicted on a map
dated May 2000 and entitled `Bull Run Watershed Management Unit'.
``(2) Map.--The map described in paragraph (1) shall be on file
and available for public inspection in the offices of--
``(A) the Regional Forester-Pacific Northwest Region of the
Forest Service; and
``(B) the Oregon State Director of the Bureau of Land
Management.
``(3) Boundary adjustments.--The Secretary may periodically make
such minor adjustments in the boundaries of the unit as are
necessary, after consulting with the city and providing for
appropriate public notice and hearings.
``management
``Sec. 2. (a) The unit and the renewable resources therein, shall be
administered as a watershed by the Secretary in accordance with the
laws, rules, and regulations applicable to land under the administrative
jurisdiction of the Forest Service (in the case of land administered by
the Secretary of Agriculture) or applicable to land under the
administrative jurisdiction of the Bureau of Land Management (in the
case of land administered by the Secretary of the Interior) except to
the extent that any management plan or practice is found by the
Secretary to have a significant adverse effect on compliance with the
water quality standards referred to in section 2(c) hereof or on the
quantity of the water produced thereon for the use of the city, and
other local government units and persons using such water under
agreements with the city (and the Secretary shall take into
consideration the cumulative effect of individually insignificant
degradations), in which case, and notwithstanding any other provision of
law, the management plan and all relevant leases, permits, contracts,
rights-of-way, or other rights or authorizations issued pursuant thereto
shall forthwith be altered by the Secretary to eliminate such adverse
effect by application of different techniques or prohibitions of one or
more such practices or uses: Provided, however, That use of such water
for the production of energy and the transmission of such energy through
and over the unit are deemed consistent with the purposes of this Act
and the rights-of-way heretofore granted to Bonneville Power
Administration by the Forest Service through and over the unit are
validated and confirmed and deemed consistent with the purposes of this
Act.
``(b) Timber Cutting.--
``(1) In general.--Subject to paragraph (2), the Secretary shall
prohibit the cutting of trees on Federal land in the unit, as
designated in section 1 and depicted on the map referred to in that
section.
``(2) Permitted cutting.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall prohibit the cutting of trees in the area
described in paragraph (1).
``(B) Permitted cutting.--Subject to subparagraph (C), the
Secretary may only allow the cutting of trees in the area
described in paragraph (1)--
``(i) for the protection or enhancement of water quality
in the area described in paragraph (1); or
``(ii) for the protection, enhancement, or maintenance
of water quantity available from the area described in
paragraph (1); or
``(iii) for the construction, expansion, protection or
maintenance of municipal water supply facilities; or
``(iv) for the construction, expansion, protection or
maintenance of facilities for the transmission of energy
through and over the unit or previously authorized
hydroelectric facilities or hydroelectric projects
associated with municipal water supply facilities.
``(C) Salvage sales.--The Secretary may not authorize a
salvage sale in the area described in paragraph (1).
``(c) The policy set forth in subsections (a) and (b) shall be
attained through the development, maintenance, and periodic revision of
land management plans in accordance with procedures set forth in section
5 [6] of the Forest and Rangeland Renewable Resources Planning Act of
1974 (88 Stat. 477, as amended; 16 U.S.C. 1604) (in the case of land
administered by the Secretary of Agriculture) or section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) (in the
case of land administered by the Secretary of the Interior), through the
maintenance of systems for monitoring and evaluating water quality, and
through supporting scientific research as the Secretary may deem
necessary after consultation and in coordination with the city. In the
development and revision of land management plans for the unit, the
Secretary, except as otherwise provided in section 2(a) hereof, shall
provide for public participation and shall consult and coordinate with
appropriate officials and advisors of the city, and shall consider such
data and research as the city may collect through its own monitoring
systems and scientific efforts, if any. Such plans shall be prepared by
an interdisciplinary team; be embodied in appropriate written material,
including maps and other descriptive documents; shall contain water
quality standards developed by the Secretary after consultation and in
cooperation with the city, which standards shall be substantially based
on and shall reflect a quality of water not significantly less than the
quality reflected by percentile curves developed from data collected
from 1967 through 1975 and, if none, from data collected in the first
three years of record thereafter; and be available to the public at
convenient locations. The initial plan or plans shall be completed as
soon as practicable after the enactment of this Act [Nov. 23, 1977], but
not later than September 30, 1979. Current data shall be compared to
historical data at least annually for the purpose of determining
compliance with the standards and the significance of any deviation
therefrom. Deviations occurring from operation, maintenance, alteration,
or construction of water storage, or electrical generation and
transmission facilities, seasonal fluctuations, variations in climate,
and other natural phenomena, fire, or acts of God, shall not be
considered in determining the historical or current percentile curves.
``(d) The Secretary or his representative shall, upon request, and
at least annually, meet with appropriate officials of the city for the
purpose of reviewing planned management programs and the impact thereof
on the quality and quantity of the water produced on the unit and
assuring that their respective management and operational activities
within the unit are appropriately coordinated. The Secretary shall
negotiate in good faith cooperative agreements with appropriate
officials of the city to effectuate activity coordination.
``(e) In the event there is disagreement between the city and the
Secretary with respect to the development or revision of the water
quality standards provided for herein, or with respect to the effect or
the significance of such effect of one or more proposed or existing
programs, practices, uses, regulations, or boundary adjustments (except
as otherwise specifically provided for herein), on the quantity of the
water produced on said unit, or on compliance with the water quality
standards referred to in section 2(a) and (b) [now (c)] hereof and,
therefore, with respect to the necessity for an alteration or
prohibition of any such program, practice, use, regulation, or boundary
adjustment as required in section 2(a) hereof, an arbitration board for
resolving such disagreements shall be established. The Secretary and the
city shall, each, forthwith appoint one member to such board and those
two members shall select a third. In the event agreement cannot be
reached on the third member within seven days after the appointment of
the first two, the third member shall be appointed by the presiding
judge of the United States District Court for the District of Oregon
within seven days after being notified of such disagreement by either of
the first two members. All of said members shall be qualified to make a
scientific determination of the facts. The contentions of the city and
the Secretary shall be submitted to the board in the form of written
contentions of fact together with the evidence and analysis that tends
to support the position being presented. The board shall forthwith
consider and decide, on a scientific basis, the issues in disagreement
by majority vote, taking into consideration the evidence and data
presented by the parties and such other tests and data which the board
by majority vote may require. The decision of such board shall be in the
form of written findings of fact and conclusions based thereon and shall
be final and binding on the parties. The Secretary and the city shall
compensate their designees and share equally the compensation of the
third member, and shall provide such technical and administrative
support as required.
``(f) The Secretary is authorized, after consultation with the city,
to promulgate regulations for controlling entry into the unit by all
persons including but not limited to--
``(1) employees or contractors of the city engaged in the
inspection, maintenance, construction, or improvement of the city's
facilities;
``(2)(i) Federal, State, and local government officers and (ii)
employees thereof acting in an official capacity;
``(3) Federal, State, and local government permittees and
contractors conducting authorized activities;
``(4) members of advisory groups formed pursuant to this Act or
ordinances of the city in the performance of their official duties:
Provided, That no regulation promulgated pursuant to this subsection
shall prohibit ingress or egress to non-Federal lands or to authorized
occupancies on, or uses of, Federal lands: Provided further, That the
Secretary may independently and directly prohibit or restrict all entry
into the unit during fire or other emergencies as he may determine.
``effect on other laws
``Sec. 3. (a) Nothing in this Act shall terminate or affect any
lease, permit, contract, patent, right-of-way, or other land use right
or authorization existing on the date of approval of this Act [Nov. 23,
1977] and otherwise valid except for the provisions of section 1862 of
title 18 of the United States Code.
``(b) Nothing in this Act shall in any way affect any law governing
appropriation or use of, or Federal right to, water on National Forest
System lands; or as expanding or diminishing Federal, State, or local
jurisdiction, responsibility, interests, or rights in water resources
development or control.
``(c) Section 1862 of title 18 of the United States Code is hereby
repealed.
``(d) Except as otherwise provided for herein, this Act shall take
precedence over and supersede all State and local laws dealing with or
affecting the subject matter of this Act.
``(e) Challenge to actions taken by any governmental unit or
official under the provisions of this Act shall not be sustained by any
court except upon a showing or arbitrary, unreasonable, capricious, or
illegal action or an absence of substantial good faith compliance with
the procedural provisions hereof substantially prejudicing the rights of
an interested party.''
Section Referred to in Other Sections
This section is referred to in section 482d of this title.
