
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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special management areas are hereby withdrawn from all forms of entry, 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.
