
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-30 Section 1,]
[Document affected by Public Law 107-30 Section 2(c)]
[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, 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.


                          ``designation of unit

    ``Section 1. There is hereby established, subject to valid existing 
rights, a special resources management unit within the Mount Hood 
National Forest, State of Oregon, comprising approximately 95,382 acres 
as depicted on a map dated April 1977, and entitled `Bull Run Watershed 
Management Unit, Mount Hood National Forest', which is on file and 
available for public inspection in the offices of the Chief, and the 
Regional Forester--Pacific Northwest Region, Forest Service, Department 
of Agriculture, minor adjustments in the boundaries of which may be made 
from time to time by the Secretary of Agriculture (hereinafter the 
`Secretary') after consultation with the city and 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 of Agriculture in 
accordance with the laws, rules, and regulations applicable to National 
Forest System lands 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 of 
    Agriculture shall prohibit the cutting of trees in that part of the 
    unit consisting of the hydrographic boundary of the Bull Run River 
    Drainage, including certain lands within the unit and located below 
    the headworks of the city of Portland, Oregon's water storage and 
    delivery project, and as depicted in a map dated July 22, 1996, and 
    entitled `Bull Run River Drainage'.
        ``(2) Permitted cutting.--
            ``(A) In general.--Subject to subparagraph (B), the 
        Secretary of Agriculture shall prohibit the cutting of trees in 
        the area described in subparagraph (1).
            ``(B) Permitted cutting.--Subject to subparagraph (C), the 
        Secretary may only allow the cutting of trees in the area 
        described in subparagraph (1)--
                ``(i) for the protection or enhancement of water quality 
            in the area described in subparagraph (1); or
                ``(ii) for the protection, enhancement, or maintenance 
            of water quantity available from the area described in 
            subparagraph (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 of Agriculture may not 
        authorize a salvage sale in the area described in subparagraph 
        (1).
    ``(c) The policy set forth in subsection [sic] (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), 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.''
    [Pub. L. 104-208, Secs. 601-604, and Pub. L. 104-333, Sec. 1026(a), 
made substantially identical amendments to section 2 of Pub. L. 95-200. 
The text of section 2 set out above is based on amendments by Pub. L. 
104-333.]

                  Section Referred to in Other Sections

    This section is referred to in section 482d of this title.
