§ 544l. — Implementation measures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544l]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 544l. Implementation measures
(a) Assistance to counties
The Secretary shall provide technical assistance on a
nonreimbursable basis to counties for the development of land use
ordinances prescribed by sections 544e and 544f of this title: Provided,
That in the event a county fails to obtain 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 ordinance, the Secretary shall terminate all technical
assistance for any participation in the development 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 within the Mount
Hood National Forest, the Gates of the Columbia Gorge Special Management
Area, Mount Hood National Forest, and to the State of Washington with
respect to the special management areas within the Gifford Pinchot
National Forest--
(A) not less than 50 per centum shall be expended for the
benefit of the public schools of the county which has adopted
implementation measures pursuant to sections 544 to 544p of this
title; and
(B) the remainder shall be expended for the benefit of public
roads or any public purposes of any county which has adopted
implementation measures pursuant to sections 544 to 544p of this
title.
(2) Paragraph (1) of this subsection shall not apply--
(A) to any amount paid by the Secretary of the Treasury under
the provisions of law referred to in subsection (b)(1) of this
section at the end of any fiscal year ending before November 17,
1986; or
(B) for a particular county, if the county does not have in
effect a land use ordinance which has been found consistent by the
Commission and concurred on by the Secretary pursuant to section
544f of this title.
(c) Payments to local governments
(1) Subject to section 544n(b) of this title, in the case of any
land or interest therein acquired by the Secretary pursuant to section
544g of this title, which was subject to local real property taxes
within the five years preceding such acquisition and which is located in
a county which has in effect a land use ordinance which has been found
consistent by the Commission and concurred on by the Secretary pursuant
to section 544f of this title, the Secretary is authorized and directed
to make annual payments to the county in which such lands are located in
an amount equal to 1 per centum of the fair market value of such land or
interest therein on the date of acquisition by the Secretary.
(2) Notwithstanding paragraph (1) of this subsection, any payment
made for any fiscal year to a county pursuant to this subsection shall
not exceed the amount of real property taxes assessed and levied on such
property during the last full fiscal year before the fiscal year in
which such land or interest therein was acquired by the Secretary.
(3) Limitation.--
(A) In general.--Except as provided in subparagraph (B), no
payment shall be made under this subsection with respect to any land
or interest therein after the eighth full fiscal year beginning
after the first fiscal year in which such a payment was made with
respect to such land or interest therein.
(B) Continuation of certain payments.--For any land or interest
in land for which the Secretary is making a payment in fiscal year
2000, such payment shall be continued for a total of eight fiscal
years.
(d) Federal consistency
Except as otherwise provided in subsection (e) of this section or in
section 544o of this title, Federal agencies having responsibilities
within the scenic area shall exercise such responsibilities consistent
with the provisions of sections 544 to 544p of this title as determined
by the Secretary.
(e) Limitations on Federal expenditures affecting the scenic area
(1) Except as provided in paragraph (3), if the Commission has not
been established pursuant to section 544c of this title within fifteen
months after November 17, 1986, or is otherwise disestablished for any
reason, no new expenditures or new financial assistance may be made
available, and no new license or new permit, or exemption from a license
or permit requirement, shall be issued, under authority of any Federal
law for any activity within the scenic area, excluding urban areas,
which the Secretary,\1\ determines is inconsistent with any
implementation measure pursuant to, the standards established in section
544d(b) of this title, or the purposes of sections 544 to 544p of this
title.
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\1\ So in original. The comma probably should not appear.
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(2)(A)(i) An expenditure or financial assistance made available
under authority of Federal law shall be treated, for purposes of this
subsection, as a new expenditure or new financial assistance if--
(I) in any case with respect to which specific appropriations
are required, no money for construction or purchase was appropriated
before October 1, 1986; or
(II) no legally binding commitment for the expenditure or
financial assistance was made before October 1, 1986.
(ii) Payments made to the State pursuant to the following Acts shall
not be treated as an expenditure or financial assistance for purposes of
this subsection: section 500 of this title; the Mineral Lands Leasing
Act of 1920 [30 U.S.C. 181 et seq.]; chapter 69 of title 31 (relating to
payments in lieu of taxes for entitlement land); the Act of June 9, 1916
(39 Stat. 218), and the Act of Feb. 26, 1919 (40 Stat. 1179).
(B) A license or permit, or exemption from a license or permit
requirement, shall be treated, for purposes of this subsection, as a new
license or new permit, or exemption from a license or permit
requirement, if such license or permit, or exemption from a license or
permit requirement, was issued on or after October 1, 1986. A renewal
under similar terms and conditions of a license or permit, or exemption
from a license or permit requirement, issued before October 1, 1986,
shall not be treated as a new license or new permit, or exemption from a
license or permit requirement.
(3) Notwithstanding paragraph (1), the appropriate Federal officer,
after consultation with the Secretary, may make Federal expenditures or
financial assistance available within the area for any of the following:
(A) The maintenance of existing channel improvements and related
structures, and including the disposal of dredge materials related
to such improvements.
(B) The maintenance, replacement, reconstruction, or repair, but
not the expansion, of publicly owned or publicly operated roads,
structures, or facilities that are essential links in a larger
network or system.
(C) Military activities essential to national security.
(D) Any of the following actions or projects, but only if the
making available of expenditures or assistance therefor is
consistent with the standards in section 544d(b) of this title and
the purposes of sections 544 to 544p of this title:
(i) Projects for the study, management, protection and
enhancement of fish and wildlife resources and habitats,
including, but not limited to, acquisition of fish and wildlife
habitats and related lands, stabilization projects for fish and
wildlife habitats, and recreational projects.
(ii) The establishment, operation, and maintenance of air
and water navigation aids and devices, and for access thereto.
(iii) Projects under the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 through 11) and the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.).
(iv) Scientific research, including but not limited to
aeronautical, atmospheric, space, geologic, marine, fish and
wildlife, and other research, development, and applications.
(v) Assistance for emergency actions essential to the saving
of lives and the protection of property and the public health
and safety, if such actions are performed pursuant to sections
305 and 306 of the Disaster Relief Act of 1974 (42 U.S.C. 5145
and 5146) \2\ and section 1362 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4103) \2\ and are limited to actions that
are necessary to alleviate the emergency.
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\2\ See References in Text note below.
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(vi) The maintenance, replacement, reconstruction, or
repair, but not the expansion, of publicly owned or publicly
operated roads, structures, or facilities. This clause shall not
apply to roads, structures, or facilities referred to in
paragraph (3)(B).
(vii) Nonstructural projects for shoreline stabilization
that are designed to mimic, enhance, or restore natural
stabilization systems.
(4) The Director of the Office of Management and Budget shall, on
behalf of each Federal agency concerned, make written certification that
each such agency has complied with the provisions of this subsection
during each fiscal year beginning after September 30, 1987. Such
certification shall be submitted on an annual basis to the House of
Representatives and the Senate pursuant to the schedule required under
the Congressional Budget and Impoundment Control Act of 1974.
(5) Nothing contained in this subsection shall be construed as
indicating an intent on the part of the Congress to change the existing
relationship of other Federal laws to the law of a State, or a political
subdivision of a State, or to relieve any person or any obligation
imposed by any law of any State, or political subdivision of a State. No
provision of this subsection shall be construed to invalidate any
provision of State or local law unless there is a direct conflict
between such provision and the law of the State, or political
subdivision of the State, so that the two cannot be reconciled or
consistently stand together. This subsection shall in no way be
interpreted to interfere with a State's right to protect, rehabilitate,
preserve, and restore lands within its established boundary.
(f) Transfer of public lands
Subject to valid existing rights, all public lands within the scenic
area administered by the Secretary of the Interior through the Bureau of
Land Management are hereby transferred without consideration to the
jurisdiction of the Secretary to be managed as National Forest lands in
accordance with the provisions of sections 544 to 544p of this title.
(Pub. L. 99-663, Sec. 14, Nov. 17, 1986, 100 Stat. 4294; Pub. L. 106-
291, title III, Sec. 346(e), Oct. 11, 2000, 114 Stat. 1000.)
References in Text
The Mineral Lands Leasing Act of 1920, referred to in subsec.
(e)(2)(A)(ii), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended,
known as the Mineral Leasing Act, which is classified generally to
chapter 3A (Sec. 181 et seq.) of Title 30, Mineral Lands and Mining. For
complete classification of this Act to the Code, see Short Title note
set out under section 181 of Title 30 and Tables.
Act of June 9, 1916, referred to in subsec. (e)(2)(A)(ii), is act
June 9, 1916, ch. 137, 39 Stat. 218, which is not classified to the
Code.
Act of Feb. 26, 1919, referred to in subsec. (e)(2)(A)(ii), is act
Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the
Code.
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (e)(3)(D)(iii), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897,
as amended, which is classified generally to part B (Sec. 460l-4 et
seq.) of subchapter LXIX of chapter 1 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 460l-4 of this title and Tables.
The Coastal Zone Management Act of 1972, referred to in subsec.
(e)(3)(D)(iii), is title III of Pub. L. 89-454 as added by Pub. L. 92-
583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified
generally to chapter 33 (Sec. 1451 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1451 of this title and Tables.
The Disaster Relief Act of 1974, referred to in subsec.
(e)(3)(D)(v), was renamed The Robert T. Stafford Disaster Relief and
Emergency Assistance Act, and was substantially revised by Pub. L. 100-
707, Nov. 23, 1988, 102 Stat. 4689. Section 102(b) of Pub. L. 100-707
provided that a reference in any other law to a provision of the
Disaster Relief Act of 1974 shall be deemed to be a reference to such
provision of The Robert T. Stafford Disaster Relief and Emergency
Assistance Act. The Robert T. Stafford Disaster Relief and Emergency
Assistance Act was renamed the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by Pub. L. 106-390, title III, Sec. 301, Oct.
30, 2000, 114 Stat. 1572. Section 105(d) of Pub. L. 100-707 repealed
sections 305 and 306 of the Act (42 U.S.C. 5145 and 5146) and
redesignated sections 308 and 309 of the Act (42 U.S.C. 5148 and 5149),
and any references thereto, as sections 305 and 306, respectively. For
corresponding provisions to former sections 305 and 306 of the Act, see
sections 5170a, 5170b, and 5192 of Title 42, The Public Health and
Welfare.
Section 1362 of the National Flood Insurance Act of 1968 (42 U.S.C.
4103), referred to in subsec. (e)(3)(D)(v), was repealed by Pub. L. 103-
325, title V, Sec. 551(a), Sept. 23, 1994, 108 Stat. 2269.
The Congressional Budget and Impoundment Control Act of 1974,
referred to in subsec. (e)(4), is Pub. L. 93-344, July 12, 1974, 88
Stat. 297, as amended. For complete classification of this Act to the
Code, see Short Title note set out under section 621 of Title 2, The
Congress, and Tables.
Amendments
2000--Subsec. (c)(3). Pub. L. 106-291 inserted par. heading,
designated existing provisions as subpar. (A), inserted subpar. heading,
substituted ``Except as provided in subparagraph (B), no payment'' for
``No payment'', substituted ``eighth full fiscal year'' for ``fifth full
fiscal year'', and added subpar. (B).
Section Referred to in Other Sections
This section is referred to in sections 544 to 544i, 544m to 544p of
this title.
