§ 544h. — Interim management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544h]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 544h. Interim management
(a) Interim guidelines
(1) \1\ 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 and the land use ordinances prescribed by section 544e of
this title are in effect.
---------------------------------------------------------------------------
\1\ So in original. No par. (2) has been enacted.
---------------------------------------------------------------------------
(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 and the approval by the
Commission of land use ordinances prescribed by section 544e of this
title, 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 which will cause or is likely to cause impacts
adversely affecting the scenic, cultural, recreation, and natural
resources of the scenic area: Provided, That no lands or interests
therein can be acquired by condemnation pursuant to this section if
used in the same manner and for the same purposes as used on
November 17, 1986, unless such land is used for or interest is in
the development of sand, gravel, or crushed rock, or the disposal of
refuse: Provided further, That within thirty days of the filing by
the Secretary of a complaint for condemnation of any land or
interest in the scenic area, outside of the special management areas
and urban areas, the Commission, by a vote of two-thirds of its
membership including a majority of the members appointed from each
State, or if the Commission is not in existence the Governor of the
State in which the land or interest is located, may disapprove such
proposed complaint.
(2) Upon or after the commencement of any action for
condemnation pursuant to this subsection, the Secretary, acting
through the Attorney General of the United States, may apply to the
appropriate United States District Court for a temporary restraining
order or injunction to prohibit the use of any property within the
scenic area, but outside of urban areas, which will cause or is
likely to cause impacts adversely affecting the scenic, cultural,
recreation and natural resources of the scenic area or is otherwise
inconsistent with the purposes for which the scenic area was
established. During the period of such order or injunction, the
Secretary shall diligently and in good faith negotiate with the
owner of the property to assure that, following termination of the
order or injunction, the inconsistent use is abated or the adverse
effect is mitigated.
(c) Review of development action
Prior to the effective date of a land use ordinance for each county
pursuant to section 544e of this title, and concurrence of the Secretary
on a land use ordinance for each county pursuant to section 544f of this
title, the Commission shall review all proposals for major development
actions and new residential development in such county in the scenic
area, except urban areas. The Commission shall allow major development
actions and new residential development only if it determines that such
development is consistent with the standards contained in section 544d
of this title and the purposes of sections 544 to 544p of this title.
(Pub. L. 99-663, Sec. 10, Nov. 17, 1986, 100 Stat. 4291.)
Codification
November 17, 1986, referred to in subsec. (b)(1), was in the
original ``the effective date of this Act'', which was translated as
being the date of enactment of Pub. L. 99-663.
Section Referred to in Other Sections
This section is referred to in sections 544 to 544g, 544i, 544l to
544p of this title.
