
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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. 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.
