§ 544f. — Administration of special management areas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544f]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 544f. Administration of special management areas
(a) Administration of Federal lands
(1) \1\ 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.
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\1\ So in original. No par. (2) has been enacted.
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(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special management areas are hereby withdrawn from all forms of entry,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.
(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 opportunities for enhancement of these resources. The
recreation assessment shall--
(1) identify areas within the special management areas suitable
for designation by the Commission pursuant to section 544d of this
title for 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;
(2) identify areas within the special management areas suitable
for other public use facilities, including but not limited to
educational and interpretive facilities, campsites, picnic areas,
boat launch facilities, and river access areas; and
(3) subject to the treaty or other rights of Indian tribes,
identify areas with the special management areas suitable for use to
increase access for recreation purposes to the Columbia River and
its tributaries.
(e) Land use designations
Within three years after November 17, 1986, the Secretary shall
develop land use designations for the special management areas. The land
use designations shall be--
(1) based on the resource inventory prepared by the Secretary
pursuant to this section; and
(2) consistent with the standards established in section 544d of
this title.
(f) Guidelines for land use ordinances
(1) \2\ Within three years after November 17, 1986, the Secretary
shall, in consultation with the Commission, develop guidelines to assure
that non-Federal lands within the special management areas are managed
consistent with the standards in section 544d of this title and the
purposes of sections 544 to 544p of this title. The Secretary shall
promptly transmit the guidelines to the Commission for inclusion in the
management plan. The guidelines shall require that management,
utilization, and disposal of timber, and exploration, development, and
production of sand, gravel, and crushed rock for the construction,
maintenance, or reconstruction of roads used to manage or harvest forest
products on non-Federal lands within the special management areas take
place without adversely affecting the scenic, cultural, recreation, and
natural resources of the scenic area.
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\2\ So in original. No par. (2) has been enacted.
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(h) \3\ Adoption of special management area land use ordinances
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\3\ So in original. No subsec. (g) has been enacted.
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(1) Within sixty days of 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 a letter as provided in this subsection, or fails
to adopt a land use ordinance as provided in this section, the
Commission shall carry out the requirements of subsection (l) of this
section.
(2) Within two hundred seventy days of receipt of the management
plan, each county shall adopt a special management area 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 special management area land use
ordinance shall promptly submit the adopted ordinance to the Commission.
(i) Review by Commission
(1) The Commission shall review the special management area land use
ordinance received from each county, and within ninety days after
receipt shall make a tentative determination as to whether the ordinance
is consistent with the management plan. If the Commission makes a
tentative determination that the land use ordinance is consistent with
the management plan, the Commission shall send the ordinance to the
Secretary for concurrence.
(2) If the Commission makes a tentative determination that the land
use ordinance is inconsistent with the management plan, the Commission
shall state the reasons for the determination and shall return the
ordinance to the appropriate county with suggested modifications
required for consistency with the management plan.
(3) Each county shall have ninety days after it is notified by the
Commission to make modifications designed to eliminate the
inconsistencies and to resubmit the ordinance to the Commission for
tentative determination of consistency. The Commission shall have sixty
days to make a tentative consistency determination on the resubmitted
ordinance. If found consistent, the land use ordinance shall be
transmitted by the Commission to the Secretary for concurrence that the
ordinance is consistent with the management plan. If the Commission
finds the resubmitted ordinance inconsistent, the Commission shall adopt
an ordinance pursuant to subsection (l) of this section.
(j) Concurrence by Secretary
(1) Upon receipt of a special management area land use ordinance
from the Commission, the Secretary shall notify the public of such
receipt and shall, within ninety days thereafter, concur with the
Commission's tentative determination of consistency with the management
plan unless the Secretary determines the ordinance is inconsistent. Any
ordinance submitted to the Secretary shall become effective upon
notification of concurrence. Should the Secretary fail to act within
ninety days, the Secretary shall be deemed to have concurred with the
Commission's tentative consistency determination.
(2) Denial of Concurrence.--If concurrence is denied, the Secretary
shall state the reasons therefor and shall submit to the Commission
suggested modifications to the land use ordinances to make them
consistent with the management plan and the purposes of sections 544 to
544p of this title.
(k) Commission reconsideration
Upon receipt of notification of nonconcurrence by the Secretary, the
Commission shall resubmit the land use ordinance to the appropriate
county. Such county shall within ninety days, reconsider and revise the
ordinance and resubmit the ordinance to the Commission for
reconsideration in accordance with the provisions of this section.
Should the Secretary again deny concurrence, the Commission shall either
prepare a land use ordinance for such county pursuant to subsection (l)
of this section or, by a two-thirds vote of the membership of the
Commission including a majority of the members appointed from each
State, determine that the ordinance is consistent with the management
plan.
(l) Commission ordinances
(1) Within ninety days after making a determination that a county
has failed to comply with the provisions of subsection (h) of this
section, the Commission shall make and publish an ordinance setting
standards for the use of non-Federal lands of such county within the
boundaries of the special management areas. The ordinances shall have
the object of assuring that the use of such lands is consistent with the
management plan. The ordinances may differ amongst the several parcels
of land within the boundaries of the special management areas. The
ordinances may from time to time be amended by the Commission.
(2) The Commission shall promptly submit the ordinance to the
Secretary. The Secretary shall, within ninety days after receipt of the
ordinance from the Commission, concur with the tentative determination
that the land use ordinance is consistent with the management plan
unless a determination of inconsistency is made. Any ordinance submitted
to the Secretary shall become effective upon concurrence. Should the
Secretary fail to concur within ninety days, the land use ordinance
shall be effective.
(3) If concurrence is denied, the Secretary shall state the reasons
for finding the ordinance is inconsistent with the management plan, and
shall submit to the Commission suggested modifications to the ordinance
to make it consistent with the plan.
(4) The Commission shall have ninety days after it receives
recommendations from the Secretary to make modifications designed to
eliminate the inconsistencies and to resubmit the ordinance to the
Secretary for concurrence. The Secretary shall have sixty days to concur
with the resubmitted ordinance. Any resubmitted ordinance shall become
effective upon concurrence by the Secretary. Should the Secretary deny
concurrence for the resubmitted ordinance, the Secretary shall state the
reasons therefor and shall promptly resubmit the ordinance for
reconsideration. Should the Secretary fail to concur within sixty days,
the ordinance shall be deemed effective.
(5) Within one hundred twenty days after receipt of notification of
non-concurrence, the Commission shall--
(A) revise and resubmit the land use ordinance to the Secretary;
or
(B) by a vote of two-thirds of its membership, including a
majority of the members appointed from each State, reject the
suggested modifications of the Secretary and adopt a land use
ordinance consistent with the provisions of this section and the
purposes of sections 544 to 544p of this title.
(m) Subsequent compliance
In the event the Commission has adopted an ordinance pursuant to
this section, the affected county may thereafter, upon written notice to
the Commission and to the Secretary, elect to adopt a special management
area land use ordinance, in which event it shall comply with the
provisions of this section for adoption of special management area land
use ordinances. Upon concurrence of such land use ordinances by the
Secretary they shall supersede any special management area land use
ordinances for the county development by the Commission, subject to
valid existing rights.
(n) Effect of Secretary's non-concurrence
If the Secretary does not concur in any land use ordinance approved
or adopted by the Commission pursuant to this section, the availability
of certain funds to the relevant county shall be governed by section
544n(c) of this title.
(o) Special rules
(1) In general
Any ordinance adopted pursuant to this section shall not apply
to any parcel or parcels of land within a special management area
if, after the date such ordinance has been adopted, three years have
elapsed after a landowner has made a bona fide offer to sell at fair
market value or otherwise convey such parcel or parcels to the
Secretary, unless the affected landowner agrees to an extension of
the three year period: Provided, That an offer shall not be
considered bona fide if the landowner refuses consideration equal to
the fair market value as appraised in accordance with section
544g(e) of this title. Lands for which an ordinance is suspended
pursuant to this subsection shall be subject to the relevant scenic
area land use ordinance adopted pursuant to section 544e of this
title.
(2) Applicability
This subsection shall not apply to any land offered to the
Secretary for acquisition after March 31, 2001.
(Pub. L. 99-663, Sec. 8, Nov. 17, 1986, 100 Stat. 4283; Pub. L. 106-291,
title III, Sec. 346(b), Oct. 11, 2000, 114 Stat. 999.)
References in Text
The public land laws, referred to in subsec. (b), are classified
generally to Title 43, Public Lands.
The mining laws of the United States and the laws pertaining to
mineral leasing, referred to in subsec. (b), are classified generally to
Title 30, Mineral Lands and Mining.
Laws pertaining to geothermal leasing, referred to in subsec. (b),
are classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.
Amendments
2000--Subsec. (o). Pub. L. 106-291 designated existing provisions as
par. (1), inserted par. heading, substituted ``section 544g(e) of this
title.'' for ``the Uniform Appraisal Standards for Federal Land
Acquisitions (Interagency Land Acquisition Conference, 1973).'' in first
sentence, and added par. (2).
Administration, Operation, and Maintenance of Pierce National Wildlife
Refuge and Little White Salmon National Fish Hatchery
Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 418, provided in
part that: ``Notwithstanding the provisions of Public Law 99-663
[enacting sections 544 to 544p of this title and amending sections 1274
and 1276 of this title], which established the Columbia River Gorge
National Scenic Area, the Pierce National Wildlife Refuge and the Little
White Salmon National Fish Hatchery shall continue to be administered,
operated and maintained in accordance with the provisions of the
National Wildlife Refuge System Administration Act [16 U.S.C. 668dd,
668ee], Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], and
Fish and Wildlife Act of 1956 [16 U.S.C. 742a et seq.] by the U.S. Fish
and Wildlife Service.''
Section Referred to in Other Sections
This section is referred to in sections 544 to 544e, 544g to 544i,
544l to 544p of this title.
