§ 545b. — Opal Creek Wilderness and Scenic Recreation Area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC545b]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 545b. Opal Creek Wilderness and Scenic Recreation Area
(a) Definitions
In this section:
(1) Bull of the Woods Wilderness
The term ``Bull of the Woods Wilderness'' means the land
designated as wilderness by section 3(4) of the Oregon Wilderness
Act of 1984 (Public Law 98-328; 16 U.S.C. 1132 note).
(2) Opal Creek Wilderness
The term ``Opal Creek Wilderness'' means certain land in the
Willamette National Forest in the State of Oregon comprising
approximately 12,800 acres, as generally depicted on the map
entitled ``Proposed Opal Creek Wilderness and Scenic Recreation
Area'', dated July 1996.
(3) Scenic Recreation Area
The term ``Scenic Recreation Area'' means the Opal Creek Scenic
Recreation Area, comprising approximately 13,000 acres, as generally
depicted on the map entitled ``Proposed Opal Creek Wilderness and
Scenic Recreation Area'', dated July 1996 and established under
subsection (c)(1)(C) of this section.
(4) Secretary
The term ``Secretary'' means the Secretary of Agriculture.
(b) Purposes
The purposes of this section are--
(1) to establish a wilderness and scenic recreation area to
protect and provide for the enhancement of the natural, scenic,
recreational, historic and cultural resources of the area in the
vicinity of Opal Creek;
(2) to protect and support the economy of the communities of the
Santiam Canyon; and
(3) to provide increased protection for an important drinking
water source for communities served by the North Santiam River.
(c) Establishment
(1) Establishment
On a determination by the Secretary under paragraph (2)--
(A) the Opal Creek Wilderness, as depicted on the map
described in subsection (a)(2) of this section, is hereby
designated as wilderness, subject to the provisions of the
Wilderness Act [16 U.S.C. 1131 et seq.], shall become a
component of the National Wilderness System, and shall be known
as the Opal Creek Wilderness;
(B) the part of the Bull of the Woods Wilderness that is
located in the Willamette National Forest shall be incorporated
into the Opal Creek Wilderness; and
(C) the Secretary shall establish the Opal Creek Scenic
Recreation Area in the Willamette National Forest in the State
of Oregon, comprising approximately 13,000 acres, as generally
depicted on the map described in subsection (a)(3) of this
section.
(2) Conditions
The designations in paragraph (1) shall not take effect unless
the Secretary makes a determination, not later than 2 years after
November 12, 1996, that the following conditions have been met:
(A) the following have been donated to the United States in
an acceptable condition and without encumbrances:
(i) all right, title, and interest in the following
patented parcels of land--
(I) Santiam Number 1, mineral survey number 992, as
described in patent number 39-92-0002, dated December
11, 1991;
(II) Ruth Quartz Mine Number 2, mineral survey
number 994, as described in patent number 39-91-0012,
dated February 12, 1991;
(III) Morning Star Lode, mineral survey number 993,
as described in patent number 36-91-0011, dated February
12, 1991;
(ii) all right, title, and interest held by any entity
other than the Times Mirror Land and Timber Company, its
successors and assigns, in and to lands located in section
18, township 8 south, range 5 east, Marion County, Oregon,
Eureka numbers 6, 7, 8, and 13 mining claims; and
(iii) an easement across the Hewitt, Starvation, and
Poor Boy Mill Sites, mineral survey number 990, as described
in patent number 36-91-0017, dated May 9, 1991. In the sole
discretion of the Secretary, such easement may be limited to
administrative use if an alternative access route, adequate
and appropriate for public use, is provided.
(B) a binding agreement has been executed by the Secretary
and the owners of record as of March 29, 1996, of the following
interests, specifying the terms and conditions for the
disposition of such interests to the United States Government--
(i) The lode mining claims known as Princess Lode, Black
Prince Lode, and King Number 4 Lode, embracing portions of
sections 29 and 32, township 8 south, range 5 east,
Willamette Meridian, Marion County, Oregon, the claims being
more particularly described in the field notes and depicted
on the plat of mineral survey number 887, Oregon; and
(ii) Ruth Quartz Mine Number 1, mineral survey number
994, as described in patent number 39-91-0012, dated
February 12, 1991.
(3) Additions to the wilderness and scenic recreation areas
(A) Lands or interests in lands conveyed to the United States
under this subsection shall be included in and become part of, as
appropriate, Opal Creek Wilderness or the Opal Creek Scenic
Recreation Area.
(B) On acquiring all or substantially all of the land located in
section 36, township 8 south, range 4 east, of the Willamette
Meridian, Marion County, Oregon, commonly known as the Rosboro
section by exchange, purchase from a willing seller, or by donation,
the Secretary shall expand the boundary of the Scenic Recreation
Area to include such land.
(C) On acquiring all or substantially all of the land located in
section 18, township 8 south, range 5 east, Marion County, Oregon,
commonly known as the Time Mirror property, by exchange, purchase
from a willing seller, or by donation, such land shall be included
in and become a part of the Opal Creek Wilderness.
(d) Administration
(1) In general
The Secretary shall administer the Scenic Recreation Area in
accordance with this section and the laws (including regulations)
applicable to the National Forest System.
(2) Opal Creek Management Plan
(A) In general
Not later than 2 years after the date of establishment of
the Scenic Recreation Area, the Secretary, in consultation with
the advisory committee established under subsection (e)(1) of
this section, shall prepare a comprehensive Opal Creek
Management Plan (Management Plan) for the Scenic Recreation
Area.
(B) Incorporation in land and resource management
Upon its completion, the Opal Creek Management Plan shall
become part of the land and resource management plan for the
Willamette National Forest and supersede any conflicting
provision in such land and resource management plan. Nothing in
this paragraph shall be construed to supersede the requirements
of the Endangered Species Act [16 U.S.C. 1531 et seq.] or the
National Forest Management Act or regulations promulgated under
those Acts, or any other law.
(C) Requirements
The Opal Creek Management Plan shall provide for a broad
range of land uses, including--
(i) recreation;
(ii) harvesting of nontraditional forest products, such
as gathering mushrooms and material to make baskets; and
(iii) educational and research opportunities.
(D) Plan amendments
The Secretary may amend the Opal Creek Management Plan as
the Secretary may determine to be necessary, consistent with the
procedures and purposes of this section.
(3) Cultural and historic resource inventory
(A) In general
Not later than 1 year after the date of establishment of the
Scenic Recreation Area, the Secretary shall review and revise
the inventory of the cultural and historic resources on the
public land in the Scenic Recreation Area developed pursuant to
the Oregon Wilderness Act of 1984 (Public Law 98-328).
(B) Interpretation
Interpretive activities shall be developed under the
management plan in consultation with State and local historic
preservation organizations and shall include a balanced and
factual interpretation of the cultural, ecological, and
industrial history of forestry and mining in the Scenic
Recreation Area.
(4) Transportation planning
(A) \1\ In general
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\1\ So in original. No subpar. (B) has been enacted.
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Except as provided in this subparagraph, motorized vehicles
shall not be permitted in the Scenic Recreation Area. To
maintain reasonable motorized and other access to recreation
sites and facilities in existence on November 12, 1996, the
Secretary shall prepare a transportation plan for the Scenic
Recreation Area that--
(i) evaluates the road network within the Scenic
Recreation Area to determine which roads should be retained
and which roads should be closed;
(ii) provides guidelines for transportation and access
consistent with this section;
(iii) considers the access needs of persons with
disabilities in preparing the transportation plan for the
Scenic Recreation Area;
(iv) allows forest road 2209 beyond the gate to the
Scenic Recreation Area, as depicted on the map described in
subsection (a)(2) of this section, to be used by motorized
vehicles only for administrative purposes and for access by
private inholders, subject to such terms and conditions as
the Secretary may determine to be necessary; and
(v) restricts construction or improvement of forest road
2209 beyond the gate to the Scenic Recreation Area to
maintaining the character of the road as it existed upon
November 12, 1996, which shall not include paving or
widening.
In order to comply with subsection (f)(2) of this section, the
Secretary may make improvements to forest road 2209 and its bridge
structures consistent with the character of the road as it existed
on November 12, 1996.
(5) Hunting and fishing
(A) In general
Subject to applicable Federal and State law, the Secretary
shall permit hunting and fishing in the Scenic Recreation Area.
(B) Limitation
The Secretary may designate zones in which, and establish
periods when, no hunting or fishing shall be permitted for
reasons of public safety, administration, or public use and
enjoyment of the Scenic Recreation Area.
(C) Consultation
Except during an emergency, as determined by the Secretary,
the Secretary shall consult with the Oregon State Department of
Fish and Wildlife before issuing any regulation under this
subsection.
(6) Timber cutting
(A) In general
Subject to subparagraph (B), the Secretary shall prohibit
the cutting and/or selling of trees in the Scenic Reservation
Area.
(B) Permitted cutting
(i) In general
Subject to clause (ii), the Secretary may allow the
cutting of trees in the Scenic Recreation Area only--
(I) for public safety, such as to control the
continued spread of a forest fire in the Scenic
Recreation Area or on land adjacent to the Scenic
Recreation Area;
(II) for activities related to administration of the
Scenic Recreation Area, consistent with the Opal Creek
Management Plan; or
(III) for removal of hazard trees along trails and
roadways.
(ii) Salvage sales
The Secretary may not allow a salvage sale in the Scenic
Recreation Area.
(7) Withdrawal
(A) \2\ subject \3\ to valid existing rights, all lands in the
Scenic Recreation Area are withdrawn from--
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\2\ So in original. No subpar. (B) has been enacted.
\3\ So in original. Probably should be capitalized.
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(i) any form of entry, appropriation, or disposal under the
public lands laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under the mineral and geothermal leasing
laws.
(8) Bornite Project
(A) Nothing in this section shall be construed to interfere with
or approve any exploration, mining, or mining-related activity in
the Bornite Project Area, depicted on the map described in
subsection (a)(3) of this section, conducted in accordance with
applicable laws.
(B) Nothing in this section shall be construed to interfere with
the ability of the Secretary to approve and issue, or deny, special
use permits in connection with exploration, mining, and mining-
related activities in the Bornite Project Area.
(C) Motorized vehicles, roads, structures, and utilities
(including but not limited to power lines and water lines) may be
allowed inside the Scenic Recreation Area to serve the activities
conducted on land within the Bornite Project.
(D) After November 12, 1996, no patent shall be issued for any
mining claim under the general mining laws located within the
Bornite Project Area.
(9) Water impoundments
Notwithstanding the Federal Power Act (16 U.S.C. 791a et seq.),
the Federal Energy Regulatory Commission may not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project work in the Scenic Recreation
Area, except as may be necessary to comply with the provisions of
paragraph (8) with regard to the Bornite Project.
(10) Recreations
(A) Recognition
Congress recognizes recreation as an appropriate use of the
Scenic Recreation Area.
(B) Minimum levels
The management plan shall permit recreation activities at
not less than the levels in existence on November 12, 1996.
(C) Higher levels
The management plan may provide for levels of recreation use
higher than the levels in existence on November 12, 1996, if
such uses are consistent with the protection of the resource
values of the Scenic Recreation Area.
(D) Public trail access
The management plan may include public trail access through
section 28, township 8 south, range 5 east, Willamette Meridian,
to Battle Ax Creek, Opal Pool and other areas in the Opal Creek
Wilderness and the Opal Creek Scenic Recreation Area.
(11) Participation
So that the knowledge, expertise, and views of all agencies and
groups may contribute affirmatively to the most sensitive present
and future use of the Scenic Recreation Area and its various
subareas for the benefit of the public:
(A) Advisory council
The Secretary shall consult on a periodic and regular basis
with the advisory council established under subsection (e) of
this section with respect to matters relating to management of
the Scenic Recreation Area.
(B) Public participation
The Secretary shall seek the views of private groups,
individuals, and the public concerning the Scenic Recreation
Area.
(C) Other agencies
The Secretary shall seek the views and assistance of, and
cooperate with, any other Federal, State, or local agency with
any responsibility for the zoning, planning, or natural
resources of the Scenic Recreation Area.
(D) Nonprofit agencies and organizations
The Secretary shall seek the views of any nonprofit agency
or organization that may contribute information or expertise
about the resources and the management of the Scenic Recreation
Area.
(e) Advisory council
(1) Establishment
Not later than 90 days after the establishment of the Scenic
Recreation Area, the Secretary shall establish an advisory council
for the Scenic Recreation Area.
(2) Membership
The advisory council shall consist of not more than 13 members,
of whom--
(A) 1 member shall represent Marion County, Oregon, and
shall be designated by the governing body of the county;
(B) 1 member shall represent the State of Oregon and shall
be designated by the Governor of Oregon;
(C) 1 member shall represent the City of Salem, and shall be
designated by the mayor of Salem, Oregon;
(D) 1 member from a city within a 25-mile radius of the Opal
Creek Scenic Recreation Area, to be designated by the Governor
of the State of Oregon from a list of candidates provided by the
mayors of the cities located within a 25-mile radius of the Opal
Creek Scenic Recreation Area; and
(E) not more than 9 members shall be appointed by the
Secretary from among persons who, individually or through
association with a national or local organization, have an
interest in the administration of the Scenic Recreation Area,
including, but not limited to, representatives of the timber
industry, environmental organizations, the mining industry,
inholders in the Opal Creek Wilderness and Scenic Recreation
Area, economic development interests and Indian tribes.
(3) Staggered terms
Members of the advisory council shall serve for staggered terms
of 3 years.
(4) Chairman
The Secretary shall designate 1 member of the advisory council
as chairman.
(5) Vacancies
The Secretary shall fill a vacancy on the advisory council in
the same manner as the original appointment.
(6) Compensation
Members of the advisory council shall receive no compensation
for their service on the advisory council.
(f) General provisions
(1) Land acquisition
(A) In general
Subject to the other provisions of this section, the
Secretary may acquire any lands or interests in land in the
Scenic Recreation Area or the Opal Creek Wilderness that the
Secretary determines are needed to carry out this section.
(B) Public land
Any lands or interests in land owned by a State or a
political subdivision of a State may be acquired only by
donation or exchange.
(C) Condemnation
Within the boundaries of the Opal Creek Wilderness or the
Scenic Recreation Area, the Secretary may not acquire any
privately owned land or interest in land without the consent of
the owner unless the Secretary finds that--
(i) the nature of land use has changed significantly, or
the landowner has demonstrated intent to change the land use
significantly, from the use that existed on November 12,
1996; and
(ii) acquisition by the Secretary of the land or
interest in land is essential to ensure use of the land or
interest in land in accordance with the purposes of this
title \4\ or the management plan prepared under subsection
(d)(2) of this section.
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\4\ So in original. Probably should be ``section''.
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(D) Construction
Nothing in this section shall be construed to enhance or
diminish the condemnation authority available to the Secretary
outside the boundaries of the Opal Creek Wilderness or the
Scenic Recreation Area.
(2) Environmental response actions and cost recovery
(A) Response actions
Nothing in this section shall limit the authority of the
Secretary or a responsible party to conduct an environmental
response action in the Scenic Recreation Area in connection with
the release, threatened release, or cleanup of a hazardous
substance, pollutant, or contaminant, including a response
action conducted under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(B) Liability
Nothing in this section shall limit the authority of the
Secretary or a responsible party to recover costs related to the
release, threatened release, or cleanup of any hazardous
substance or pollutant or contaminant in the Scenic Recreation
Area.
(3) Maps and description
(A) In general
As soon as practicable after November 12, 1996, the
Secretary shall file a map and a boundary description for the
Opal Creek Wilderness and for the Scenic Recreation Area with
the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
(B) Force and effect
The boundary description and map shall have the same force
and effect as if the description and map were included in this
section, except that the Secretary may correct clerical and
typographical errors in the boundary description and map.
(C) Availability
The map and boundary description shall be on file and
available for public inspection in the Office of the Chief of
the Forest Service, Department of Agriculture.
(4) Savings provision
Nothing in this section shall interfere with activity for which
a special use permit has been issued, has not been revoked, and has
not expired, before November 12, 1996, subject to the terms of the
permit.
(g) Rosboro land exchange
(1) Authorization
Notwithstanding any other law, if the Rosboro Lumber Company
(referred to in this subsection as ``Rosboro'') offers and conveys
marketable title to the United States to the land described in
paragraph (2), the Secretary of Agriculture shall convey all right,
title and interest held by the United States to sufficient lands
described in paragraph (3) to Rosboro, in the order in which they
appear in this subsection, as necessary to satisfy the equal value
requirements of paragraph (4).
(2) Land to be offered by Rosboro
The land referred to in paragraph (1) as the land to be offered
by Rosboro shall comprise Section 36, Township 8 South, Range 4
East, Willamette Meridian.
(3) Land to be conveyed by the United States
The land referred to in paragraph (1) as the land to be conveyed
by the United States shall comprise sufficient land from the
following prioritized list to be equal value under paragraph (4):
(A) Section 5, Township 17 South, Range 4 East, Lot 7 (37.63
acres);
(B) Section 2, Township 17 South, Range 4 East, Lot 3 (29.28
acres);
(C) Section 13, Township 17 South, Range 4 East, S\1/2\SE\1/
4\ (80 acres);
(D) Section 2, Township 17 South, Range 4 East, SW\1/4\SW\1/
4\ (40 acres);
(E) Section 2, Township 17 South, Range 4 East, NW\1/4\SE\1/
4\ (40 acres);
(F) Section 8, Township 17 South, Range 4 East, SE\1/4\SW\1/
4\ (40 acres);
(G) Section 11, Township 17 South, Range 4 East, W\1/2\NW\1/
4\ (80 acres);\5\
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\5\ So in original. The semicolon probably should be a period.
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(4) Equal value
The land and interests in land exchanged under this subsection
shall be of equal market value as determined by nationally
recognized appraisal standards, including, to the extent
appropriate, the Uniform Standards for Federal Land Acquisition, the
Uniform Standards of Professional Appraisal Practice, or shall be
equalized by way of payment of cash pursuant to the provisions of
section 1716(d) of title 43, and other applicable law. The appraisal
shall consider access costs for the parcels involved.
(5) Timetable
(A) The exchange directed by this subsection shall be
consummated not later than 120 days after the date Rosboro offers
and conveys the property described in paragraph (2) to the United
States.
(B) The authority provided by this subsection shall lapse of \6\
Rosboro fails to offer the land described in paragraph (2) within 2
years after November 12, 1996.
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\6\ So in original. Probably should be ``if''.
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(6) Challenge
Rosboro shall have the right to challenge in the United States
District Court for the District of Oregon a determination of
marketability under paragraph (1) and a determination of value for
the lands described in paragraphs (2) and (3) by the Secretary of
Agriculture. The court shall have the authority to order the
Secretary to complete the transaction contemplated in this
subsection.
(7) Authorization of appropriations
There are authorized to be appropriated such sums as are
necessary to carry out this subsection.
(h) Omitted
(i) Economic development
(1) Economic development plan
As a condition for receiving funding under paragraph (2), the
State of Oregon, in consultation with Marion County, Oregon, and the
Secretary of Agriculture, shall develop a plan for economic
development projects for which grants under this subsection may be
used in a manner consistent with this section and to benefit local
communities in the vicinity of the Opal Creek area. Such plan shall
be based on an economic opportunity study and other appropriate
information.
(2) Funds provided to the States for grants
Upon completion of the Opal Creek Management Plan, and receipt
of the plan referred to in paragraph (1), the Secretary shall
provide, subject to appropriations, $15,000,000 to the State of
Oregon. Such funds shall be used to make grants or loans for
economic development projects that further the purposes of this
section and benefit the local communities in the vicinity of the
Opal Creek area.
(3) Report
The State of Oregon shall--
(A) prepare and provide the Secretary and Congress with an
annual report on the use of the funds made available under this
subsection;
(B) make available to the Secretary and to Congress, upon
request, all accounts, financial records, and other information
related to grants and loans made available pursuant to this
subsection; and
(C) as loans are repaid, make additional grants and loans
with the money made available for obligation by such repayments.
(Pub. L. 104-333, div. I, title X, Sec. 1023, Nov. 12, 1996, 110 Stat.
4215; Pub. L. 106-176, title I, Sec. 125, Mar. 10, 2000, 114 Stat. 30.)
References in Text
The Wilderness Act, referred to in subsec. (c)(1)(A), is Pub. L. 88-
577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified
generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1131 of this title and Tables.
The Endangered Species Act, referred to in subsec. (d)(2)(B),
probably means the Endangered Species Act of 1973, Pub. L. 93-205, Dec.
28, 1973, 87 Stat. 884, as amended, which is classified generally to
chapter 35 (Sec. 1531 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1531 of this title and Tables.
The National Forest Management Act, referred to in subsec.
(d)(2)(B), probably means the National Forest Management Act of 1976,
Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended, 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
provisions 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 Oregon Wilderness Act of 1984, referred to in subsec. (d)(3)(A),
is Pub. L. 98-328, June 26, 1984, 98 Stat. 272, which enacted subchapter
C (Sec. 460oo) of chapter 1 of this title and provisions listed in a
table of Wilderness Areas set out under section 1132 of this title. For
complete classification of this Act to the Code, see Tables.
The public land laws, referred to in subsec. (d)(7)(A)(i), are
classified generally to Title 43, Public Lands.
The mining laws and the mineral leasing laws, referred to in subsec.
(d)(7)(A)(ii), (iii), (8)(D), are classified generally to Title 30,
Mineral Lands and Mining.
The geothermal leasing laws, referred to in subsec. (d)(7)(A)(iii),
are classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.
The Federal Power Act, referred to in subsec. (d)(9), is act June
10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 (Sec. 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, referred to in subsec. (f)(2)(A), is Pub. L. 96-
510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified
principally to chapter 103 (Sec. 9601 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 9601 of Title 42 and Tables.
Codification
Section is comprised of section 1023 of Pub. L. 104-333. Subsec.
(c)(1)(A) of section 1023 of Pub. L. 104-333 also enacted provisions
listed in a table of Wilderness Areas set out under section 1132 of this
title. Subsec. (h) of section 1023 of Pub. L. 104-333 amended section
1274 of this title.
Provisions substantially identical to the text of this section were
enacted by title I of div. B of Pub. L. 104-208, Sept. 30, 1996, 110
Stat. 3009-523, known as the Opal Creek Wilderness and Opal Creek Scenic
Recreation Area Act of 1996.
Amendments
2000--Subsec. (c)(1)(A). Pub. L. 106-176 struck out ``of 1964''
after ``Wilderness Act''.
Short Title
Pub. L. 104-208, div. B, title I, Sec. 101, Sept. 30, 1996, 110
Stat. 3009-523, provided that: ``This title [see Codification note
above] may be cited as the `Opal Creek Wilderness and Opal Creek Scenic
Recreation Area Act of 1996'.''
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a council established by the Congress, its
duration is otherwise provided by law. See sections 3(2) and 14 of Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.
