1. U.S. Code
  2. title 16
  3. chapter 2
  4. subchapter II
  5. § 544e

Collapse to view only § 544e. Administration of scenic area

§ 541. Cascade Head Scenic-Research Area; establishment

In order to provide present and future generations with the use and enjoyment of certain ocean headlands, rivers, streams, estuaries, and forested areas, to insure the protection and encourage the study of significant areas for research and scientific purposes, and to promote a more sensitive relationship between man and his adjacent environment, there is hereby established, subject to valid existing rights, the Cascade Head Scenic-Research Area (hereinafter referred to as “the Area”) in the Siuslaw National Forest in the State of Oregon.

(Pub. L. 93–535, § 1, Dec. 22, 1974, 88 Stat. 1732.)

CITE AS: 16 USC 541

§ 541a. Administration, protection, development, and regulation of use

The administration, protection, development, and regulation of use of the Area shall be by the Secretary of Agriculture (hereinafter referred to as the “Secretary”) in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best contribute to attainment of the purpose of this subchapter.

(Pub. L. 93–535, § 2, Dec. 22, 1974, 88 Stat. 1732.)

CITE AS: 16 USC 541a

§ 541b. Boundaries of scenic-research area; adjustments to subarea boundaries; development of management plan; establishment of subareas; management objectives
(a) Boundaries; adjustments to boundaries of sub­areas
(b) Management plan; development; time; contents
(c) Subareas; establishment; management objectives
Within the Area, the following subareas shall be established and shall be managed in accord with the following primary management objectives which shall be supplemental to the general management objectives applicable to the entire Area:
(1) Estuary and Associated Wetlands Sub-area: An area managed to protect and perpetuate the fish and wildlife, scenic, and research-education values, while allowing dispersed recreation use, such as sport fishing, nonmotorized pleasure boating, waterfowl hunting, and other uses which the Secretary determines are compatible with the protection and perpetuation of the unique natural values of the subarea. After appropriate study, breaching of existing dikes may be permitted within the subarea.
(2) Lower Slope-Dispersed Residential Subarea: An area managed to maintain the scenic, soil and watershed, and fish and wildlife values, while allowing dispersed residential occupancy, selective recreation use, and agricultural use.
(3) Upper Timbered Slope and Headlands Subareas: Areas managed to protect the scenic, soil and watershed, and fish and wildlife values while allowing selective recreation and extensive research-educational activities. Timber harvesting activity may occur in these subareas only when the Secretary determines that such harvesting is to be conducted in connection with research activities or that the preservation of the timber resource is imminently threatened by fire, old age, infestation, or similar natural occurrences.
(4) Coastline and Sand Dune-Spit Subareas: Areas managed to protect and maintain the scenic and wildlife values while allowing selective recreation and extensive research-educational activities.
(Pub. L. 93–535, § 3, Dec. 22, 1974, 88 Stat. 1732.)

CITE AS: 16 USC 541b

§ 541c. Extension of boundaries of Siuslaw National Forest; transfer of Federal property to Secretary
(a) The boundaries of the Siuslaw National Forest are hereby extended to include all of the lands lying within the Area as described in accordance with section 541b of this title which are not within the national forest boundaries on December 22, 1974.
(b) Notwithstanding any other provision of law, any Federal property located on the lands added to the Siuslaw National Forest by this section may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary. Any lands so transferred shall become part of the Siuslaw National Forest.
(Pub. L. 93–535, § 4, Dec. 22, 1974, 88 Stat. 1733.)

CITE AS: 16 USC 541c

§ 541d. Acquisition of property within the scenic-research area; consent of owner; substantial change in use or maintenance of property
(a) Acquisition of lands, waters and interests by donation, purchase, etc.
(b) Consent of owner for acquisition of lands in sub-areas; exceptions; guidelines for determination of substantial change in land use or maintenance
(c) Substantial change in land use or maintenance; notice by owner; time; manner
(Pub. L. 93–535, § 5, Dec. 22, 1974, 88 Stat. 1733.)

CITE AS: 16 USC 541d

§ 541e. Availability of funds for acquisition of lands, etc., within added area

Notwithstanding the provisions of section 200306(a)(2) of title 54, moneys appropriated from the Land and Water Conservation Fund shall be available for the acquisition of any lands, waters, or interests therein within the area added to the Siuslaw National Forest by this subchapter.

(Pub. L. 93–535, § 6, Dec. 22, 1974, 88 Stat. 1733; Pub. L. 113–287, § 5(d)(15), Dec. 19, 2014, 128 Stat. 3265.)

CITE AS: 16 USC 541e

§ 541f. Withdrawal from location, entry and patent under mining laws; withdrawal from disposition under mineral leasing laws

The lands within the Area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto.

(Pub. L. 93–535, § 7, Dec. 22, 1974, 88 Stat. 1733.)

CITE AS: 16 USC 541f

§ 541g. Advisory council for scenic-research area; membership; designation of chairman; compensation; consultation by Secretary
(a) Advisory council; establishment; consultation; members; term; appointment
The Secretary, pursuant to chapter 10 of title 5, shall establish an advisory council for the Area, and shall consult on a periodic and regular basis with such council with respect to matters relating to management of the Area. The members of the advisory council, who shall not exceed eleven in number, shall serve for the individual staggered terms of three years each and shall be appointed by the Secretary as follows—
(1) a member to represent each county in which a portion of the Area is located, each such appointee to be designated by the respective governing body of the county involved;
(2) a member appointed to represent the State of Oregon, who shall be designated by the Governor of Oregon; and
(3) not to exceed eight members appointed by the Secretary from among persons who, individually or through association with national or local organizations, have an interest in the administration of the Area.
(b) Chairman; vacancies
(c) Compensation; reimbursement for expenses
(d) Consultation by Secretary with private groups, etc.; cooperation with other Federal, State, etc., agencies and organizations
(Pub. L. 93–535, § 8, Dec. 22, 1974, 88 Stat. 1733; Pub. L. 117–286, § 4(a)(98), Dec. 27, 2022, 136 Stat. 4316.)

CITE AS: 16 USC 541g

§ 541h. Cooperation with State of Oregon in administration and protection of lands; civil and criminal jurisdiction; power of taxation

The Secretary shall cooperate with the State of Oregon and political subdivisions thereof in the administration of the Area and in the administration and protection of lands within and adjacent to the Area owned or controlled by the State or political subdivisions thereof. Nothing in this subchapter shall deprive the State of Oregon or any political subdivision thereof of its right to exercise civil and criminal jurisdiction within the Area consistent with the provisions of this subchapter, or of its right to tax persons, corporations, franchises or other non-Federal property, in or on the lands or waters within the Area.

(Pub. L. 93–535, § 9, Dec. 22, 1974, 88 Stat. 1734.)

CITE AS: 16 USC 541h

§ 542. Langmuir Research Site; establishment

That in order to encourage scientific research into atmospheric processes and astronomical phenomena, and to preserve conditions necessary for that research, there is hereby established the Langmuir Research Site (hereinafter referred to as the “research site”) in the Cibola National Forest in the State of New Mexico.

(Pub. L. 96–550, title II, § 201, Dec. 19, 1980, 94 Stat. 3225.)

CITE AS: 16 USC 542

§ 542a. Congressional findings

The Congress finds that the high altitude and freedom from air pollution and night luminosity caused by human activity, make the research site uniquely suited to the conduct of research probes into thunder clouds and for other atmospheric and astronomical research purposes.

(Pub. L. 96–550, title II, § 202, Dec. 19, 1980, 94 Stat. 3225.)

CITE AS: 16 USC 542a

§ 542b. Administration, protection, and regulation of use

The Secretary of Agriculture shall administer, protect, and regulate use of the research site in accordance with the laws, rules, and regulations applicable to National Forest System lands, and in such manner as will best contribute to purposes of this Act.

(Pub. L. 96–550, title II, § 203, Dec. 19, 1980, 94 Stat. 3225.)

CITE AS: 16 USC 542b

§ 542c. Land use agreement

The Secretary of Agriculture in furtherance of the purposes of this Act, is hereby authorized, and directed, to enter into an appropriate land use agreement with New Mexico Institute of Mining and Technology for the Langmuir Research Site for the purpose of establishing conditions for use of the national forest land, and to set forth working relationships during such period of use.

(Pub. L. 96–550, title II, § 204, Dec. 19, 1980, 94 Stat. 3225.)

CITE AS: 16 USC 542c

§ 542d. Comprehensive management plan
(a) Boundaries
(b) Development of plan
(c) Adjustment in boundaries
(d) Consultation with other public interest groups
(e) Objectives of plan
(f) Management of site in accordance with the objectives
The research site shall be managed in accordance with the following objectives:
(1) The principal research facility shall be managed primarily for scientific research purposes. Dispersed recreation, grazing, and other uses which the Secretary determines to be compatible with scientific research may be permitted.
(2) The research site shall be managed to enhance scientific research objectives. Scientific research activities and associated research equipment and structures shall be permitted within the research site in accordance with the plan.
(3) Roads shall be limited to those necessary for scientific research activities and other reasonable activities as determined by the Secretary. Motor vehicle use shall be restricted to roads designated in the plan.
(4) The landing of small instrumented research rockets shall be permitted to continue in portions of the research site designated for such purposes in the plan.
(Pub. L. 96–550, title II, § 205, Dec. 19, 1980, 94 Stat. 3225; Pub. L. 103–437, § 6(d)(32), Nov. 2, 1994, 108 Stat. 4584.)

CITE AS: 16 USC 542d

§ 543. Mono Basin National Forest Scenic Area; establishment

The area in the Mono Basin within and adjacent to the Inyo National Forest in the State of California, as generally depicted on a map entitled “Mono Basin National Forest Scenic Area” dated June 1983, and numbered 1983–3, is hereby designated as the Mono Basin National Forest Scenic Area (hereafter in sections 543 to 543h of this title referred to as the “Scenic Area”). Such map shall be on file and available for public inspection in the office of the Forest Supervisor, Inyo National Forest and in the office of the Chief of the Forest Service, Department of Agriculture. The Secretary of Agriculture (hereinafter in sections 543 to 543h of this title referred to as the “Secretary”) may make minor revisions in the boundary of the Scenic Area after publication of notice to that effect in the Federal Register and submission of notice thereof to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such notice shall be published and submitted at least sixty days before the revision is made.

(Pub. L. 98–425, title III, § 301, Sept. 28, 1984, 98 Stat. 1632; Pub. L. 103–437, § 6(d)(33), Nov. 2, 1994, 108 Stat. 4584.)

CITE AS: 16 USC 543

§ 543a. Extension of National Forest boundary
(a) The exterior boundary of the Inyo National Forest is hereby extended to include the area within the boundary of the Scenic Area. Any lands and interests therein acquired pursuant to section 543b of this title shall become part of the National Forest System.
(b) For the purposes of section 200306(a)(2) of title 54, the boundary of the Inyo National Forest, as modified by this section, shall be treated as if it were the boundary of that forest on January 1, 1964.
(Pub. L. 98–425, title III, § 302, Sept. 28, 1984, 98 Stat. 1633.)

CITE AS: 16 USC 543a

§ 543b. Acquisition of lands
(a) Authority of Secretary; exceptionsThe Secretary is authorized to acquire all lands and interests therein within the boundary of the Scenic Area by donation, exchange in accordance with sections 543 to 543h of this title or other provisions of law, or purchase with donated or appropriated funds, except that—
(1) any lands or interests therein within the boundary of the Scenic Area which are owned by the State of California or any political subdivision thereof (including the city of Los Angeles) may be acquired only by donation or exchange; and
(2) lands or interests therein within the boundary of the Scenic Area which are not owned by the State of California or any political subdivision thereof (including the city of Los Angeles) may be acquired only with the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity for comment, that the property is being developed, or proposed to be developed, in a manner which is detrimental to the integrity of the Scenic Area or which is otherwise incompatible with the purposes of sections 543 to 543h of this title.
(b) Guidelines; detrimental or incompatible use
(1) Not later than six months after September 28, 1984, the Secretary shall publish specific guidelines under which determinations shall be made under paragraph (2) of subsection (a). No use which existed prior to June 1, 1984, within the area included in the Scenic Area shall be treated under such guidelines as a detrimental or incompatible use within the meaning of such paragraph (2).
(2) For purposes of subsection (a)(2), any development or proposed development of private property within the boundary of the Scenic Area that is significantly different from, or a significant expansion of, development existing as of June 1, 1984, shall be considered by the Secretary as detrimental to the integrity of the Scenic Area. No reconstruction or expansion of a private or commercial building, including—
(A) reconstruction of an existing building,
(B) construction of attached structural additions, not to exceed 100 per centum of the square footage of the original building, and
(C) construction of reasonable support development such as roads, parking, water and sewage systems shall be treated as detrimental to the integrity of the Scenic Area or as an incompatible development within the meaning of paragraph (2) of subsection (a).
(c) Preparation of environmental assessments
(Pub. L. 98–425, title III, § 303, Sept. 28, 1984, 98 Stat. 1633.)

CITE AS: 16 USC 543b

§ 543c. Administration
(a) Scenic Area and other lands to be administered as part of Inyo National Forest
(1) Except as otherwise provided in sections 543 to 543h of this title, the Secretary, acting through the Chief of the Forest Service, shall administer the Scenic Area as a separate unit within the boundary of the Inyo National Forest in accordance with the laws, rules, and regulations applicable to the National Forest System. All Bureau of Land Management administered lands that fall within the boundaries of the Scenic Area are hereby added to the Inyo National Forest and shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System.
(2) In addition, the following parcels administered by the Bureau of Land Management are hereby added to the Inyo National Forest and shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System:

township 1 south; range 26 east; Mount Diablo Meridian:

east half of southwest quarter and south half of southeast quarter of section 10; and

township 1 north; range 26 east; Mount Diablo Meridian:

southwest quarter of northeast quarter and west half of southeast quarter of section 9;

southwest quarter of southwest quarter of section 15;

southwest quarter of northwest quarter and northwest quarter of southwest quarter of section 25;

north half of southeast quarter of section 26, west half of northwest quarter and northwest quarter of southwest quarter of section 27;

township 1 north; range 27 east; Mount Diablo Meridian:

east half of southeast quarter of section 34;

southwest quarter of northwest quarter of section 35; and

west half of section 30 as intersected by Scenic Area Boundary.

(b) Water rights; protection of geologic, ecologic and cultural resources; recreational use of Scenic Area; related facilities and programs; scientific study and research; commercial timber harvesting
(1) In a manner consistent with the protection of the water rights of the State of California or any political subdivision thereof (including the city of Los Angeles) or of any person to the extent that such water rights have been granted or modified under the laws of the State of California, the Secretary shall manage the Scenic Area to protect its geologic, ecologic, and cultural resources. The Secretary shall provide for recreational use of the Scenic Area and shall provide recreational and interpretive facilities (including trails and campgrounds) for the use of the public which are compatible with the provisions of sections 543 to 543h of this title, and may assist adjacent affected local governmental agencies in the development of related interpretive programs. The Secretary shall permit the full use of the Scenic Area for scientific study and research in accordance with such rules and regulations as he may prescribe.
(2) Except as specifically provided in this subsection, no commercial timber harvesting shall be permitted in the Scenic Area, but the Secretary shall permit the utilization of wood material such as firewood, posts, poles, and Christmas trees by individuals for their domestic purposes under such regulations as he may prescribe to protect the natural and cultural resources of the Scenic Area. The Secretary may take action including the use of commercial timber harvest to the minimum extent necessary to control fires, insects and diseases that might—
(A) endanger irreplaceable features within the Scenic Area, or
(B) cause substantial damage to significant resources adjacent to the Scenic Area.
(c) Grazing permits
(d) Cooperative agreements
(e) Management planWithin three years after September 28, 1984, the Secretary shall submit to the committees referred to in section 543 of this title, a detailed and comprehensive management plan for the Scenic Area which is consistent with the protection of water rights as provided in subsection (b)(1). The plan shall include but not be limited to—
(1) an inventory of natural (including geologic) and cultural resources;
(2) general development plans for public use facilities, including cost estimates; and
(3) measures for the preservation of the natural and cultural resources of the Scenic Area in accordance with subsections (a) and (b) of this section.
Such plan shall provide for hunting and fishing (including commercial brine shrimp operations authorized under State law) within the Scenic Area in accordance with applicable Federal and State law, except to the extent otherwise necessary for reasons of public health and safety, the protection of resources, scientific research activities, or public use and enjoyment.
(f) Visitor center
(g) Withdrawal of lands from operation of other Federal laws; regulation of mining claims
(1) Subject to valid existing rights, federally owned lands and interests therein within the Scenic Area are withdrawn from entry or appropriation under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, from operation of the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.], and from disposition under the public land laws.
(2) Subject to valid existing rights, all mining claims located within the Scenic Area shall be subject to such reasonable regulations as the Secretary may prescribe to assure that mining will, to the maximum extent practicable, be consistent with protection of the scenic, scientific, cultural, and other resources of the area, and any patent which may be issued after September 28, 1984, shall convey title only to the minerals together with the right to use the surface of lands for mining purposes subject to such reasonable regulations.
(h) Water rights
(i) Rights-of-way of city of Los Angeles
(1) The Act entitled “An Act authorizing and directing the Secretary of the Interior to sell to the city of Los Angeles, California, certain public lands in California; and granting rights-of-way over public lands and reserved lands to the city of Los Angeles in Mono County in the State of California”, approved June 23, 1936 (49 Stat. 1892), is hereby repealed.
(2) The Secretary and the Secretary of the Interior shall grant and convey rights-of-way easements, at no cost, to the city of Los Angeles for those rights-of-way on public lands and national forest lands in Mono County, California, as described and set forth in maps and accompanying descriptions which were—
(A) filed by the city of Los Angeles with the Secretary of the Interior on October 24, 1944, and
(B) accepted as proof of construction on behalf of the United States by the Commissioner of the General Land Office on January 4, 1945.
Such easement conveyances shall provide for the right of the city to continue its present operations and to maintain, reconstruct, and replace all existing water and power facilities located within the bounds of the area described in the maps and descriptions referred to in the preceding sentence. The United States shall reserve in the conveyance easements all rights to use and permit the use by others of the lands so conveyed to the extent that such use does not unreasonably interfere with the rights granted herein to the city of Los Angeles.
(3) The grant in paragraph (2) of this subsection shall become effective upon relinquishment in writing by the city of Los Angeles of its applications dated October 20, 1944, and January 17, 1945, to purchase twenty-three thousand eight hundred and fifty acres of Federal land.
(4) The easements granted under paragraph (2) of this subsection shall provide that whenever the city of Los Angeles ceases to use the land or any part thereof subject to such easements for the purposes for which it is currently being used, as of September 28, 1984, all interests in such land or part thereof shall revert to the United States.
(j) Existing community recreational uses
(Pub. L. 98–425, title III, § 304, Sept. 28, 1984, 98 Stat. 1634.)

CITE AS: 16 USC 543c

§ 543d. Ecological studies; reports to Congressional committees and to Chief of Forest Service; progress reports

The Secretary shall take such steps as may be necessary to, within one hundred and eighty days of September 28, 1984, enter into a contract with the National Academy of Sciences for the purpose of conducting a scientific study of the ecology of the Scenic Area. The study shall provide for consultation with knowledgeable local, State, Federal, and private persons and organizations and shall provide findings and recommendations to the Congress. Such study shall be conducted in accordance with the best scientific methodology (as set forth by the National Academy of Sciences) and shall be transmitted by the National Academy of Sciences to the Committee on Energy and Natural Resources of the United States Senate, to the Committee on Interior and Insular Affairs of the United States House of Representatives, and to the Chief of the Forest Service not later than January 1, 1987. Progress reports regarding the study shall be transmitted to the above committees on January 1, 1985, and January 1 of each year thereafter.

(Pub. L. 98–425, title III, § 305, Sept. 28, 1984, 98 Stat. 1636.)

CITE AS: 16 USC 543d

§ 543e. Scenic Area Advisory Board
(a) Establishment; consultations with Secretary
There is hereby established the Scenic Area Advisory Board (hereinafter referred to as the “Board”). The Secretary shall consult with and seek the advice and recommendations of the Board with respect to—
(1) the administration of the Scenic Area with respect to policies, programs, and activities in accordance with sections 543 to 543h of this title;
(2) the preparation and implementation of the comprehensive management plan; and
(3) the location of the visitor center authorized by section 543c(f) of this title.
(b) Composition and selection
The Board shall be composed of nine members, who shall be selected as follows:
(1) five members appointed by the Mono County Board of Supervisors;
(2) two members appointed by the Governor of California (one of whom shall be an employee of the California Division of Parks and Recreation);
(3) one member appointed by the mayor of the city of Los Angeles; and
(4) one member appointed by the Secretary (who shall be an employee of the Forest Service).
(c) Terms of appointment
Each member of the Board shall be appointed to serve for a term of three years except that the initial appointments shall be for terms as follows:
(1) of those members appointed by the Mono County Board of Supervisors one shall be appointed to serve for a term of one year, two shall be for a term of two years, and two shall be for a term of three years;
(2) of those members appointed by the Governor of California one shall be appointed to serve for a term of one year and one shall be appointed to serve for a term of three years;
(3) the member appointed by the mayor of the city of Los Angeles shall be appointed to serve for a term of two years; and
(4) the member appointed by the Secretary shall be appointed to serve for a term of three years.
(d) Initial appointment; Chairman
(e) Annual meetings and consultations with Secretary or designee
(f) Compensation; expenses
(g) Vacancies
(h) Quorum
(i) Termination
(Pub. L. 98–425, title III, § 306, Sept. 28, 1984, 98 Stat. 1637.)

CITE AS: 16 USC 543e

§ 543f. Traditional Native American uses

In recognition of the past use of the Scenic Area by Indian people for traditional cultural and religious purposes, the Secretary shall insure nonexclusive access to Scenic Area lands by Indian people for such traditional cultural and religious purposes, including the harvest of the brine fly larvae. Such direction shall be consistent with the purpose and intent of the American Indian Religious Freedom Act of August 11, 1978 (92 Stat. 469) [42 U.S.C. 1996, 1996a]. As a part of the plan prepared pursuant to section 543c(c) of this title, the Secretary shall, in consultation with appropriate Indian tribes, define the past cultural and religious uses of the Scenic Area by Indians.

(Pub. L. 98–425, title III, § 307, Sept. 28, 1984, 98 Stat. 1638.)

CITE AS: 16 USC 543f

§ 543g. Authorization of appropriations

In addition to other amounts available for such purposes, effective October 1, 1985, there are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 543 to 543h of this title.

(Pub. L. 98–425, title III, § 308, Sept. 28, 1984, 98 Stat. 1638.)

CITE AS: 16 USC 543g

§ 543h. New spending authority

Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1

1 See References in Text note below.
of title 2 which is provided under sections 543 to 543h of this title shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

(Pub. L. 98–425, title III, § 309, Sept. 28, 1984, 98 Stat. 1638.)

CITE AS: 16 USC 543h

§ 544. Columbia River Gorge National Scenic Area; definitionsAs used in sections 544 to 544p of this title, the term—
(a) “adversely affect” or “adversely affecting” means, except as used in section 544m of this title, a reasonable likelihood of more than moderate adverse consequences for the scenic, cultural, recreation or natural resources of the scenic area, the determination of which is based on—
(1) the context of a proposed action;
(2) the intensity of a proposed action, including the magnitude and duration of an impact and the likelihood of its occurrence;
(3) the relationship between a proposed action and other similar actions which are individually insignificant but which may have cumulatively significant impacts; and
(4) proven mitigation measures which the proponent of an action will implement as part of the proposal to reduce otherwise significant affects to an insignificant level;
(b) “agricultural lands” means lands designated as agricultural lands pursuant to section 544d of this title;
(c) “Commission” means the Columbia River Gorge Commission established pursuant to section 544c of this title;
(d) “counties” means Hood River, Multnomah, and Wasco Counties, Oregon; and Clark, Klickitat, and Skamania Counties, Washington;
(e) “Dodson/Warrendale Special Purchase Unit” means the Dodson/Warrendale Special Purchase Unit established pursuant to section 544b of this title;
(f) “forest lands” means lands designated as forest lands pursuant to section 544d of this title;
(g) “Indian tribes” means the Nez Perce Tribe, the Confederated Tribes and Bands of the Yakima Indian Nation,1
1 See Change of Name notes below.
the Confederated Tribes of the Warm Springs of Oregon, and the Confederated Tribes of the Umatilla Indian Reservation;
(h) “interim guidelines” means any interim guidelines developed by the Secretary pursuant to section 544h of this title, and any amendment, revision, or variance;
(i) “land use ordinance” or “ordinance” means any ordinance adopted by a county or by the Commission pursuant to sections 544 to 544p of this title, and includes any amendment to, revision of, or variance from such ordinance;
(j) “major development actions” means any of the following:
(1) subdivisions, partitions and short plat proposals;
(2) any permit for siting or construction outside urban areas of multifamily residential, industrial or commercial facilities, except such facilities as are included in the recreation assessment;
(3) the exploration, development and production of mineral resources unless such exploration, development or production can be conducted without disturbing the surface of any land within the boundaries of a special management area or is for sand, gravel and crushed rock used for the construction, maintenance or reconstruction of roads within the special management areas used for the production of forest products; and
(4) permits for siting or construction within a special management area of any residence or other related major structure on any parcel of land less than forty acres in size;
(k) “management plan” means the scenic area management plan adopted pursuant to section 544d of this title;
(l) “open spaces” means unimproved lands not designated as agricultural lands or forest lands pursuant to section 544d of this title and designated as open space pursuant to section 544d of this title. Open spaces include—
(1) scenic, cultural, and historic areas;
(2) fish and wildlife habitat;
(3) lands which support plant species that are endemic to the scenic area or which are listed as rare, threatened or endangered species pursuant to State or Federal Endangered Species Acts;
(4) ecologically and scientifically significant natural areas;
(5) outstanding scenic views and sites;
(6) water areas and wetlands;
(7) archaeological sites, Indian burial grounds and village sites, historic trails and roads and other areas which are culturally or historically significant;
(8) potential and existing recreation resources; and
(9) Federal and State wild, scenic, and recreation waterways;
(m) “recreation assessment” means the recreation assessment adopted pursuant to section 544d of this title;
(n) “residential development” means the permitting for siting or construction of any residence or other related major structure;
(o) “scenic area” means the Columbia River Gorge National Scenic Area established pursuant to section 544b of this title;
(p) “Secretary” means the Secretary of Agriculture;
(q) “special management areas” means areas within the scenic area established pursuant to section 544b of this title;
(r) “States” means the States of Oregon and Washington; and
(s) “urban areas” means those areas within the scenic area identified as urban areas on the map referred to in section 544b(e) of this title or within the boundaries of an urban area as revised pursuant to section 544b(f) of this title.
(Pub. L. 99–663, § 2, Nov. 17, 1986, 100 Stat. 4274.)

CITE AS: 16 USC 544

§ 544a. Purposes
The purposes of sections 544 to 544p of this title are—
(1) to establish a national scenic area to protect and provide for the enhancement of the scenic, cultural, recreational, and natural resources of the Columbia River Gorge; and
(2) to protect and support the economy of the Columbia River Gorge area by encouraging growth to occur in existing urban areas and by allowing future economic development in a manner that is consistent with paragraph (1).
(Pub. L. 99–663, § 3, Nov. 17, 1986, 100 Stat. 4276.)

CITE AS: 16 USC 544a

§ 544b. Establishment of scenic area
(a) National scenic area
(1) There is hereby established the Columbia River Gorge National Scenic Area.
(2)Boundaries.—
(A)In general.—Except as provided in subparagraph (B), the boundaries of the scenic area shall be generally depicted on the map entitled “Boundary Map, Columbia River Gorge National Scenic Area,” numbered NSA–001 sheets 1 and 2, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Service.
(B)Exclusions.—The scenic area shall not include the approximately 29 acres of land owned by the Port of Camas-Washougal in the South ½ of Section 16, Township 1 North, Range 4 East, and the North ½ of Section 21, Township 1 North, Range 4 East, Willamete 1
1 So in original. Probably should be “Willamette”.
Meridian, Clark County, Washington, that consists of—
(i) the approximately 19 acres of Port land acquired from the Corps of Engineers under the Second Supplemental Appropriations Act, 1984 (Public Law 98–396); and
(ii) the approximately 10 acres of adjacent Port land to the west of the land described in clause (i).
(b) Special management areas
(1) The following areas within the boundaries of the scenic area are hereby designated “Special Management Areas”: Gates of the Columbia River Gorge; Wind Mountain; Burdoin Mountain; and Rowena.
(2) The boundaries of the special management areas designated by paragraph (1)—
(A) shall be generally depicted on the map entitled “Special Management Areas, Columbia River Gorge National Scenic Area”, numbered SMA–002 sheets 1 through 17, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Service; and
(B) shall include all islands within the boundaries of the scenic area.
(3)Modification of boundaries.—The boundaries of the special management areas are modified as depicted on a map dated September 20, 2000, which shall be on file and available for public inspection in the office of the Chief of the Forest Service in Washington, District of Columbia, and copies shall be available in the office of the Commission, and the headquarters of the scenic area.
(c) Revision of special management area boundaries
(d) Dodson/Warrendale Special Purchase Unit
(1) There is hereby established the Dodson/Warrendale Special Purchase Unit.
(2) The boundaries of the Dodson/Warrendale Special Purchase Unit shall be generally depicted on the map entitled “Dodson/Warrendale Special Purchase Unit, Columbia River Gorge National Scenic Area”, numbered SPU–003 sheet 1, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Service.
(e) Urban areas
(1) The following cities and towns are hereby designated as “Urban Areas”: Cascade Locks, Hood River, Mosier, and The Dalles, Oregon; and Bingen, Carson, Dallesport, Home Valley, Lyle, North Bonneville, Stevenson, White Salmon, and Wishram, Washington.
(2) The boundaries of urban areas shall be generally depicted on the map entitled, “Urban Areas, Columbia River Gorge National Scenic Area”, numbered UA–004 sheets 1 through 11, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Service. The boundaries of urban areas designated in this subsection may be revised pursuant to the provisions of this section.
(f) Revision of urban area boundaries
(1) Upon application of a county and in consultation with the Secretary, the Commission may make minor revisions to the boundaries of any urban area identified in subsection (e) of this section. A majority vote of two-thirds of the members of the Commission, including a majority of the members appointed from each State, shall be required to approve any revision of urban area boundaries.
(2)
(A) a demonstrable need exists to accommodate long-range urban population growth requirements or economic needs consistent with the management plan;
(B) revision of urban area boundaries would be consistent with the standards established in section 544d of this title and the purposes of sections 544 to 544p of this title;
(C) revision of urban area boundaries would result in maximum efficiency of land uses within and on the fringe of existing urban areas; and
(D) revision of urban area boundaries would not result in the significant reduction of agricultural lands, forest lands, or open spaces.
(Pub. L. 99–663, § 4, Nov. 17, 1986, 100 Stat. 4276; Pub. L. 103–437, § 6(d)(34), Nov. 2, 1994, 108 Stat. 4585; Pub. L. 105–277, div. A, § 101(e) [title III, § 354(a)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–303; Pub. L. 106–31, title V, § 5004(3), May 21, 1999, 113 Stat. 110; Pub. L. 106–291, title III, § 346(d), Oct. 11, 2000, 114 Stat. 1000.)

CITE AS: 16 USC 544b

§ 544c. Columbia River Gorge Commission
(a) Establishment and membership of Commission
(1) To achieve the purposes of sections 544 to 544p of this title and to facilitate cooperation among the States of Oregon and Washington, and with the United States of America, the consent of Congress is given for an agreement described in sections 544 to 544p of this title pursuant to which, within one year after November 17, 1986—
(A) the States of Oregon and Washington shall establish by way of an interstate agreement a regional agency known as the Columbia River Gorge Commission, and shall incorporate sections 544 to 544p of this title by specific reference in such agreement. The Commission shall carry out its functions and responsibilities in accordance with the provisions of the interstate agreement and of sections 544 to 544p of this title and shall not be considered an agency or instrumentality of the United States for the purpose of any Federal law;
(B) the States of Oregon and Washington shall provide to the Commission, State agencies, and the counties under State law the authority to carry out their respective functions and responsibilities in accordance with the provisions of paragraph (1)(A) of this subsection; and
(C) the States of Oregon and Washington shall appoint members of the Commission as provided in clauses (i) through (iii), subject to applicable State law: Provided, That the Governor of either State may extend the time for appointment of Commission members ninety days to provide more time for the States and counties to make such appointments. Membership of the Commission shall be as follows:
(i) six members, comprised of one resident from each of the following counties: Hood River, Multnomah, and Wasco Counties, Oregon, and Clark, Klickitat, and Skamania Counties, Washington, to be appointed by the governing body of each of the respective counties: Provided, That in the event the governing body of a county fails to make such appointment, the Governor of the State in which the county is located shall appoint such member;
(ii) three members who reside in the State of Oregon, at least one of whom shall be a resident of the scenic area, to be appointed by the Governor of Oregon;
(iii) three members who reside in the State of Washington, at least one of whom shall be a resident of the scenic area, to be appointed by the Governor of Washington; and
(iv) one ex officio, nonvoting member who shall be an employee of the Forest Service, to be appointed by the Secretary.
(2) The agreement shall take effect and the Commission may exercise its authorities pursuant to the agreement upon the appointment of four initial members from each State, subject to applicable State law, and the date of such an agreement shall be the date of establishment of the Commission. Such agreement is hereby consented to by the Congress.
(3) Either State or any county may fill any vacancy occurring prior to the expiration of the term of any member originally appointed by that State or county. Each member appointed to the Commission shall serve a term of four years, except that, with respect to members initially appointed pursuant to paragraph (1)(C)(i), each Governor shall designate one member to serve for a term of five years and one to serve for a term of six years, and one member from each State initially appointed pursuant to paragraph (1)(C)(ii) and (iii) shall be designated by the Governor to serve a term of five years, and one to serve a term of six years. Neither the Governors nor the governing bodies of any of the counties may appoint Federal, State, or local elected or appointed officials to the Commission.
(4) A majority of the members of the Commission shall constitute a quorum. The members of the Commission shall select from among themselves a Chairman by majority vote of the members appointed from each State.
(5) Except for the ex-officio member appointed pursuant to paragraph (1)(C)(iv), the members and officers and employees of the Commission shall not be officers or employees of the United States for any purpose. The Commission shall appoint, fix compensation for, and assign and delegate duties to such officers and employees as the Commission deems necessary to fulfill its functions under sections 544 to 544p of this title. The compensation of Commission members shall be fixed by State law. The compensation of Commission members, officers, and employees and the expenses of the Commission shall be paid from funds provided to the Commission by the States.
(b) Applicable law
(c) Assistance to Commission
(d) Advisory committees
(Pub. L. 99–663, § 5, Nov. 17, 1986, 100 Stat. 4277.)

CITE AS: 16 USC 544c

§ 544d. Scenic area management plan
(a) StudiesWithin one year after the date the Commission is established, it shall, in cooperation with the Secretary, complete the following studies for use in preparing the management plan:
(1) Resource inventoryThe Commission shall complete a resource inventory. The resource inventory shall—
(A) document all existing land uses, natural features and limitations, scenic, natural, cultural, archaeological and recreation and economic resources and activities: Provided, That the location of any Indian burial grounds, village sites, and other areas of archaeological or religious significance shall not be made public information and such information shall be used for administrative purposes only; and
(B) incorporate without change the resource inventory developed by the Secretary pursuant to section 544f of this title for the special management areas.
(2) Economic opportunity study
(3) Recreation assessmentThe Commission shall complete an assessment of recreation resources and opportunities for enhancement of these resources. The recreation assessment shall—
(A) designate the location and specify 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;
(B) identify areas within the scenic area that are 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
(C) subject to the treaty and other rights of Indian tribes, designate areas to provide increased access for recreation purposes to the Columbia River and its tributaries; and
(D) incorporate without change the recreation assessment developed by the Secretary pursuant to section 544f of this title for the special management areas;
(b) Land use designationsWithin two years after the Commission is established, it shall develop land use designations for the use of non-Federal lands within the scenic area. The land use designations shall—
(1) be based on the results of the resource inventory developed pursuant to subsection (a)(1) of this section, and consistent with the standards established in subsection (d) of this section;
(2) designate those lands used or suitable for the production of crops, fruits or other agricultural products or the sustenance of livestock as agricultural lands;
(3) designate lands used or suitable for the production of forest products as forest lands;
(4) designate lands suitable for the protection and enhancement of open spaces;
(5) designate areas in the scenic area outside special management areas used or suitable for commercial development: Provided, That such designation shall encourage, but not require, commercial development to take place in urban areas and shall take into account the physical characteristics of the areas in question and their geographic proximity to transportation, commercial, and industrial facilities and other amenities;
(6) designate areas used or suitable for residential development, taking into account the physical characteristics of the areas in question and their geographic proximity to transportation and commercial facilities and other amenities; and
(7) incorporate without change the designation of urban areas established in section 544b(e) of this title.
(c) Adoption of management planWithin three years after the date the Commission is established, it shall adopt a management plan for the scenic area. The Commission shall adopt the management plan by a majority vote of the members appointed, including at least three members from each State. The management plan shall—
(1) be based on the results of the resource inventory developed pursuant to subsection (a)(1) of this section;
(2) include land use designations developed pursuant to subsection (b) of this section;
(3) be consistent with the standards established in subsection (d) of this section;
(4) incorporate without change the management direction for the use of Federal lands within and the land use designations for the special management areas adopted by the Secretary pursuant to section 544f of this title; and
(5) include guidelines for the adoption of land use ordinances for lands within the scenic area. The guidelines—
(A) shall incorporate without change the guidelines for the development of special management area land use ordinances developed by the Secretary pursuant to section 544f of this title; and
(B) shall not apply to urban areas designated in section 544b(e) of this title.
(d) Standards for management planThe management plan and all land use ordinances and interim guidelines adopted pursuant to sections 544 to 544p of this title shall include provisions to—
(1) protect and enhance agricultural lands for agricultural uses and to allow, but not require, conversion of agricultural lands to open space, recreation development or forest lands;
(2) protect and enhance forest lands for forest uses and to allow, but not require, conversion of forest lands to agricultural lands, recreation development or open spaces;
(3) protect and enhance open spaces;
(4) protect and enhance public and private recreation resources and educational and interpretive facilities and opportunities, in accordance with the recreation assessment adopted pursuant to subsection (a) of this section;
(5) prohibit major development actions in special management areas, except for partitions or short plats which the Secretary determines are desirable to facilitate land acquisitions pursuant to sections 544 to 544p of this title;
(6) prohibit industrial development in the scenic area outside urban areas;
(7) require that commercial development outside urban areas take place without adversely affecting the scenic, cultural, recreation, or natural resources of the scenic area;
(8) require that residential development outside urban areas take place without adversely affecting the scenic, cultural, recreation, and natural resources of the scenic area; and
(9) require that the exploration, development and production of mineral resources, and the reclamation of lands thereafter, take place without adversely affecting the scenic, cultural, recreation and natural resources of the scenic area.
(e) Agency consultation and public involvement
(f) Concurrence of management plan
(1) Review by Secretary
(2) Denial of concurrence
(3) Commission reconsiderationWithin one hundred and twenty days after receipt of notification of non-concurrence, the Commission shall—
(A) revise and resubmit the plan 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 management plan consistent with the provisions of this section and the purposes of sections 544 to 544p of this title.
(g) Revision of plan
(h) Amendment of plan
(Pub. L. 99–663, § 6, Nov. 17, 1986, 100 Stat. 4279.)

CITE AS: 16 USC 544d

§ 544e. Administration of scenic area
(a) Management of scenic area
(b) Adoption of scenic area land use ordinances
(1) Within sixty days of initial 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 such letter or fails to adopt a land use ordinance as provided in this section, the Commission shall carry out the requirements of subsection (c) of this section.
(2) Within two hundred and seventy days of receipt of the management plan, each county shall adopt a 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 land use ordinance shall promptly submit the ordinance to the Commission.
(3)Approval by commission.—
(A) Within ninety days after receipt of a land use ordinance, the Commission, by majority vote including at least three members from each State, shall approve the ordinance unless it determines the ordinance is inconsistent with the management plan. Should the Commission fail to act within ninety days, the ordinance shall be deemed to be approved.
(B) If approval is denied, the Commission shall state the reasons for finding the ordinance is inconsistent with the management plan, and shall submit to the county suggested modifications to the ordinance to make it consistent with the management plan.
(C) Each county shall have ninety days after it receives recommendations from the Commission to make modifications designed to eliminate the inconsistencies and to resubmit the ordinance to the Commission for approval. The Commission shall have sixty days to approve or disapprove the resubmitted ordinance. Any resubmitted ordinance shall become effective upon approval. Should the Commission disapprove the resubmitted ordinance, it shall promptly resubmit the ordinance for reconsideration. Should the Commission fail to act within sixty days, the ordinance shall be deemed to be approved.
(c) Commission land use ordinances
(1) Within ninety days after making a determination that a county has failed to comply with the provisions of this section, the Commission shall make and publish a land use ordinance setting standard for the use of non-Federal lands in such county within the boundaries of the national scenic area, excluding urban areas identified in section 544b(e) of this title. The ordinance shall have the object of assuring that the use of such non-Federal lands is consistent with the management plan. The ordinance may differ amongst the several parcels of land within the boundaries of the scenic area. The ordinance may from time to time be amended by the Commission.
(2)Subsequent Compliance.—In the event the Commission has promulgated regulations pursuant to this section, a county may thereafter upon written notice to the Commission elect to adopt a land use ordinance, in which event it shall comply with the provisions of this section for adoption of a land use ordinance. Upon approval of a land use ordinance by the Commission it shall supersede any regulations for the county developed by the Commission, subject to valid existing rights.
(d) Construction of facilities
(Pub. L. 99–663, § 7, Nov. 17, 1986, 100 Stat. 4282.)

CITE AS: 16 USC 544e

§ 544f. Administration of special management areas
(a) Administration of Federal lands
(1)1
1 So in original. No par. (2) has been enacted.
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.
(b) Withdrawal of Federal lands
(c) Resource inventory
(d) Recreation assessmentWithin 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 designationsWithin 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)1 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.
(h)2
2 So in original. No subsec. (g) has been enacted.
Adoption of special management area land use ordinances
(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
(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
(n) Effect of Secretary’s non-concurrence
(o) Special rules
(1) In general
(2) Applicability
(Pub. L. 99–663, § 8, Nov. 17, 1986, 100 Stat. 4283; Pub. L. 106–291, title III, § 346(b), Oct. 11, 2000, 114 Stat. 999.)

CITE AS: 16 USC 544f

§ 544g. Land acquisition
(a) Acquisition authorized
(1) The Secretary is authorized to acquire any lands or interests therein within the special management areas and the Dodson/Warrendale Special Purchase Unit which the Secretary determines are needed to achieve the purposes of sections 544 to 544p of this title: Provided, That any lands, waters, or interests therein owned by either State or any political subdivision thereof may be acquired only by donation or exchange.
(2) Lands within the State of Oregon acquired by the Secretary pursuant to sections 544 to 544p of this title shall become part of the Mount Hood National Forest. Lands within the State of Washington acquired by the Secretary pursuant to this section shall become part of the Gifford Pinchot National Forest. All lands acquired by the Secretary pursuant to sections 544 to 544p of this title shall be subject to the laws and regulations pertaining to the National Forest System and sections 544 to 544p of this title.
(b) Limitations on eminent domain
(1) Where authorized in subsection (a) of this section to acquire land or interests therein without the consent of the owner, the Secretary shall—
(A) acquire only such land or interests therein as is reasonably necessary to accomplish the purposes of sections 544 to 544p of this title; and
(B) do so only in cases where all reasonable efforts to acquire with the consent of the owner such lands, or interests therein, have failed.
(2) Notwithstanding the provisions of subsection (a) of this section, the Secretary may not acquire without the consent of the owner lands or interests therein which—
(A) on November 17, 1986, were used primarily for educational, religious, or charitable purposes, single-family residential purposes, farming, or grazing so long as the existing character of that use is not substantially changed or permitted for change;
(B) are located in counties with land use ordinances in which the Secretary has concurred pursuant to section 544f of this title, unless such lands are being used, or are in imminent danger of being used, in a manner incompatible with such ordinances;
(C) are within the boundaries of the Dodson/Warrendale Special Purchase Unit; or
(D) are owned by an Indian tribe, held in trust by the United States for an Indian tribe or member of an Indian tribe, or otherwise administered by the United States for the benefit of an Indian tribe or member of an Indian tribe.
(c) Hardship cases
(d) Land exchanges
(1) The Secretary is authorized and directed, in conformance with the provisions of this subsection, to acquire by exchange any parcel of unimproved forest land at least forty acres in size within the boundaries of the special management areas which is owned by any private forest land owner if, after November 17, 1986, but within one hundred and eighty days after final adoption of the management plan, such private forest land owner offers to the United States such parcel of forest land.
(2) In exercising this authority to acquire forest lands pursuant to this subsection, the Secretary may accept title to such lands and convey to the owner federally owned lands deemed appropriate by the Secretary within the States of Oregon and Washington, regardless of the State in which the transferred lands are located. Forest lands exchanged pursuant to this subsection shall be of approximately equal value: Provided, That the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize minor differences in the values of the properties exchanged: Provided further, That the Secretary may reserve in any conveyance pursuant to this subsection such easements, subsurface rights, and any other interests in land deemed necessary or desirable: Provided further, That the valuation of lands exchanged shall be determined in terms of forest uses for timber.
(3) It is the intention of Congress that land exchanges pursuant to this subsection shall be completed no later than five years after November 17, 1986.
(4) In the event that exchanges authorized by this section leave any private forest land owner with ownership of an uneconomic remnant of forest land contiguous to a special management area, the Secretary is authorized to acquire such forest lands as if they were within the boundaries of a special management area.
(5) The following-described Federal lands and interests therein are hereby identified as candidate lands for exchanges conducted pursuant to this section: Provided, That the determination of which candidate lands will be exchanged, and in what sequence, shall be at the discretion of the Secretary. Subject to valid existing rights, such lands are hereby withdrawn from all forms of entry or appropriation or disposal under the public land laws, and from location, entry, and patent under the United States mining law, and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto until the Secretary determines such lands are no longer needed to complete exchanges authorized by this section: Provided, That such period shall not extend beyond five years:

GIFFORD PINCHOT NATIONAL FOREST

Wind River-Panther Creek Area

Section

Township

Range

35

4N

7E

36

4N

7E

Approx. 430 acres.

South Swift Area

Section

Township

Range

13

6N

5E

23

6N

5E

17

6N

6E

18

6N

6E

Approx. 1,920 acres.

National Area

Section

Township

Range

 6

14N

7E

 7

14N

7E

18

14N

7E

30

14N

7E

Approx. 2,560 acres.

Buck Creek-Willard Area

Section

Township

Range

16

3N

 9E

 1

4N

 9E

 2

4N

 9E

 3

4N

 9E

10

4N

 9E

11

4N

 9E

12

4N

 9E

15

4N

 9E

21

4N

 9E

22

4N

 9E

26

4N

 9E

27

4N

 9E

28

4N

 9E

29

4N

 9E

30

4N

 9E

31

4N

 9E

32

4N

 9E

33

4N

 9E

34

4N

 9E

35

4N

 9E

 6

4N

10E

 7

4N

10E

 5

(e) Appraisals
(1) Definition of landowner
(2) Appraisal standards
(3) Special management areas
(A) Before April 1, 2001Land within a special management area for which the landowner, before April 1, 2001, makes a written bona fide offer to convey to the Secretary for fair market value shall be appraised—
(i) without regard to the effect of any zoning or land use restriction made in response to sections 544 to 544p of this title; but
(ii) subject to any other current zoning or land use restriction imposed by the State or locality in which the land is located on the date of the offer.
(B) On or after April 1, 2001Land within a special management area for which the landowner, on or after April 1, 2001, makes a written bona fide offer to convey to the Secretary for fair market value shall be appraised subject to—
(i) any zoning or land use restriction made in response to sections 544 to 544p of this title; and
(ii) any other current zoning or land use restriction that applies to the land on the date of the offer.
(f) Authorization for certain land exchanges
(1) In general
(2) Special rule for land certain exchangesNotwithstanding any other provision of law—
(A) any exchange described in paragraph (1) for which an agreement to initiate has been executed as of September 30, 2000, shall continue; and
(B) any timber stumpage proceeds collected under the exchange shall be retained by the Forest Service to complete the exchange.
(g) Boundaries
(Pub. L. 99–663, § 9, Nov. 17, 1986, 100 Stat. 4287; Pub. L. 104–66, title I, § 1011(n), Dec. 21, 1995, 109 Stat. 710; Pub. L. 106–291, title III, § 346(a), Oct. 11, 2000, 114 Stat. 999.)

CITE AS: 16 USC 544g

§ 544h. Interim management
(a) Interim guidelines
(1)1
1 So in original. No par. (2) has been enacted.
Within one hundred eighty days after November 17, 1986, the Secretary shall develop interim guidelines for the scenic area outside urban areas to identify land use activities which are inconsistent with sections 544 to 544p of this title and to govern the authority to acquire land without the consent of the owner provided by subsection (b) of this section. The Secretary shall promptly notify the public of adoption of the interim guidelines and transmit the guidelines to each county. Guidelines adopted by the Secretary pursuant to this subsection shall remain in effect for each county until the Secretary has developed guidelines for the special management areas pursuant to section 544f of this title and the land use ordinances prescribed by section 544e of this title are in effect.
(b) Interim acquisition authority and injunctive relief
Prior to the concurrence by the Secretary of land use ordinances prescribed by section 544f of this title and the approval by the Commission of land use ordinances prescribed by section 544e of this title, the following authorities are granted:
(1) The Secretary may acquire by condemnation any land or interest which is being used or threatened to be used in a manner inconsistent with the purposes for which the scenic area was established and which will cause or is likely to cause impacts adversely affecting the scenic, cultural, recreation, and natural resources of the scenic area: Provided, That no lands or interests therein can be acquired by condemnation pursuant to this section if used in the same manner and for the same purposes as used on November 17, 1986, unless such land is used for or interest is in the development of sand, gravel, or crushed rock, or the disposal of refuse: Provided further, That within thirty days of the filing by the Secretary of a complaint for condemnation of any land or interest in the scenic area, outside of the special management areas and urban areas, the Commission, by a vote of two-thirds of its membership including a majority of the members appointed from each State, or if the Commission is not in existence the Governor of the State in which the land or interest is located, may disapprove such proposed complaint.
(2) Upon or after the commencement of any action for condemnation pursuant to this subsection, the Secretary, acting through the Attorney General of the United States, may apply to the appropriate United States District Court for a temporary restraining order or injunction to prohibit the use of any property within the scenic area, but outside of urban areas, which will cause or is likely to cause impacts adversely affecting the scenic, cultural, recreation and natural resources of the scenic area or is otherwise inconsistent with the purposes for which the scenic area was established. During the period of such order or injunction, the Secretary shall diligently and in good faith negotiate with the owner of the property to assure that, following termination of the order or injunction, the inconsistent use is abated or the adverse effect is mitigated.
(c) Review of development action
(Pub. L. 99–663, § 10, Nov. 17, 1986, 100 Stat. 4291.)

CITE AS: 16 USC 544h

§ 544i. Economic development
(a) Economic development plan
(b) Funds provided to States for grants
(c) Conditions of grants
Each State making grants under this section shall require as a condition of a grant that—
(1) all activities undertaken under the grant are certified by the Commission as being consistent with the purposes of sections 544 to 544p of this title, the management plan, and land use ordinances adopted pursuant to sections 544 to 544p of this title;
(2) grants and loans are not used to relocate a business from one community to another;
(3) grants and loans are not used for program administration; and
(4) grants and loans are used only in counties which have in effect land use ordinances found consistent by the Commission and concurred on by the Secretary pursuant to section 544f of this title.
(d) Report
Each State shall—
(1) prepare and provide the Secretary with an annual report to the Secretary on the use of the funds made available under this section;
(2) make available to the Secretary and to the Commission, upon request, all accounts, financial records, and other information related to grants and loans made available pursuant to this section; and
(3) as loans are repaid, make additional grants and loans with the money made available for obligation by such repayments.
(Pub. L. 99–663, § 11, Nov. 17, 1986, 100 Stat. 4292.)

CITE AS: 16 USC 544i

§ 544j. Old Columbia River Highway

The Oregon Department of Transportation shall, in consultation with the Secretary and the Commission, the State of Oregon and the counties and cities in which the Old Columbia River Highway is located, prepare a program and undertake efforts to preserve and restore the continuity and historic integrity of the remaining segments of the Old Columbia River Highway for public use as a Historic Road, including recreation trails to connect intact and usable segments.

(Pub. L. 99–663, § 12, Nov. 17, 1986, 100 Stat. 4293.)

CITE AS: 16 USC 544j

§ 544k. Tributary rivers and streams
(a) Water resources projectsThe following rivers and streams shall be subject to the same restrictions on the licensing, permitting, and exempting from licensing and the construction of water resource projects as provided for components of the National Wild and Scenic Rivers System pursuant to section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)):
(1) any tributary river or stream to the Columbia River not designated in subsections 1
1 So in original. Probably should be “subsection”.
(c) or (d) of this section or otherwise specified in this subsection which flows in whole or in part through a special management area, unless the construction of a water resources project would not have a direct and adverse effect on the scenic, cultural, recreation, and natural resources of the scenic area;
(2) any river or river segment which flows in whole or in part through the scenic area and which is established pursuant to State law as a wild, scenic, or recreation river or which is under study pursuant to State law for the potential inclusion in any such State protected river system, unless such project or projects meet terms and conditions set by State agencies exercising administration over such river or river segment;
(3) the Wind River, Washington, for a period not less than three years following the later of—
(A) final approval of the Gifford Pinchot National Forest Plan, adopted pursuant to the National Forest Management Act of 1976 (Act of October 22, 1976, Public Law 94–588, as amended) (16 U.S.C. 1600 et seq.); or
(B) submittal by the Secretary of a report to the President on the suitability or nonsuitability for addition to the national wild and scenic rivers system and a report by the President to the Congress of recommendations and proposals with respect to the designation of such river under the Wild and Scenic Rivers Act [16 U.S.C. 1271 et seq.];
(4) the Hood River, Oregon, if such facility impounds or diverts water other than by means of a dam or diversion existing as of November 17, 1986; and
(5) the segment of the Little White Salmon, Washington, from the Willard National Fish Hatchery to its confluence with the Columbia River if such facility impounds or diverts water other than by means of a dam or diversion existing as of November 17, 1986.
(b) Exceptions
(Pub. L. 99–663, § 13(a), (b), Nov. 17, 1986, 100 Stat. 4293, 4294; Pub. L. 111–11, title I, § 1203(b), Mar. 30, 2009, 123 Stat. 1012.)

CITE AS: 16 USC 544k

§ 544l. Implementation measures
(a) Assistance to counties
(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 Nati
(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) 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
(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
1 So in original. The comma probably should not appear.
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.
(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 chapter 2003 of title 54 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
2 See References in Text note below.
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.
(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
(Pub. L. 99–663, § 14, Nov. 17, 1986, 100 Stat. 4294; Pub. L. 106–291, title III, § 346(e), Oct. 11, 2000, 114 Stat. 1000; Pub. L. 113–287, § 5(d)(16), Dec. 19, 2014, 128 Stat. 3265.)

CITE AS: 16 USC 544l

§ 544m. Enforcement
(a) Administrative remedies
(1) Commission orders
(2) Appeal to the Commission
(3) Civil penalties
(b) Judicial remedies
(1) Civil actions to enforce sections 544 to 544p of this title
(A) Except as otherwise limited by sections 544 to 544p of this title, the Attorney General of the United States may, at the request of the Secretary, institute a civil action for an injunction or other appropriate order to prevent any person or entity from utilizing lands within the special management areas in violation of the provisions of sections 544 to 544p of this title, interim guideline adopted or other action taken by the Secretary pursuant to sections 544 to 544p of this title.
(B) The Commission, or, at the request of the Commission, or the attorney general of Oregon or Washington, may institute a civil action for an injunction or other appropriate order to prevent any person or entity from utilizing lands within the scenic area outside urban areas in violation of the provisions of sections 544 to 544p of this title, the management plan, or any land use ordinance or interim guideline adopted or other action taken by the Commission or any county pursuant to sections 544 to 544p of this title.
(2) Citizens suitsAny person or entity adversely affected may commence a civil action to compel compliance with sections 544 to 544p of this title—
(A) against the Secretary, the Commission or any county where there is alleged a violation of the provisions of sections 544 to 544p of this title, the management plan or any land use ordinance or interim guideline adopted or other action taken by the Secretary, the Commission, or any county pursuant to or Commission 1
1 So in original. The word “Commission” probably should not appear.
under sections 544 to 544p of this title; or
(B) against the Secretary, the Commission, or any county where there is alleged a failure of the Secretary, the Commission or any county to perform any act or duty under sections 544 to 544p of this title which is not discretionary with the Secretary, the Commission or any county.
(3) Limitation on bringing of citizens suitsNo action may be commenced—
(A) under paragraph (2)(A) of this subsection—
(i) prior to sixty days after the plaintiff has given notice in writing of the alleged violation to the Secretary, to the Commission, and to the county in which the violation is alleged to have occurred; or
(ii) if the Attorney General of the United States, or the attorney general of Oregon or Washington, has commenced and is diligently prosecuting a civil action on the same matter pursuant to paragraph (1) of this subsection to require compliance with the management plan or any regulations, guidelines, or standards issued or other actions taken by the Secretary, the Commission, or any county pursuant to sections 544 to 544p of this title: Provided, That in any such action any person or entity otherwise entitled to bring an action pursuant to paragraph (2) of this subsection may intervene as a matter of right; or
(iii) which challenges the consistency of the draft management plan with the purposes and standards of sections 544 to 544p of this title or with other applicable law prior to the certification or adoption of the Management Plan pursuant to section 544d of this title; or
(B) under paragraph (2)(B) of this subsection prior to sixty days after the plaintiff has given notice in writing of such action to the Secretary, the Commission, and to the county in which the failure to perform any act or duty pursuant to sections 544 to 544p of this title is alleged: Provided, That such action may be brought immediately after such notification where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.
(4) Judicial reviewAny person or entity adversely affected by—
(A) any final action or order of a county, the Commission, or the Secretary relating to the implementation of sections 544 to 544p of this title;
(B) any land use ordinance or interim guideline adopted pursuant to sections 544 to 544p of this title;
(C) any appeal to the Commission pursuant to this section;
(D) any civil penalty assessed by the Commission pursuant to paragraph (a)(3) of this subsection may appeal such action or order by filing in any of the courts specified in paragraph (5) of this subsection, within sixty days after the date of service of such order or within sixty days after such action is taken, a written petition requesting such action, order, land use ordinance, interim guideline, or appeal taken to the Commission be modified, terminated, or set aside.
(5) Federal court jurisdictionThe United States district courts located in the States of Oregon and Washington shall have jurisdiction over—
(A) any criminal penalty imposed pursuant to section 551 of this title, or any other applicable law for violation of any order, regulation or other action taken by the Secretary pursuant to sections 544 to 544p of this title;
(B) any civil action brought against the Secretary pursuant to this section; or
(C) any appeal of any order, regulation, or other action of the Secretary taken pursuant to paragraph (4) of this subsection.
(6) State court jurisdictionThe State courts of the States of Oregon and Washington shall have jurisdiction—
(A) to review any appeals taken to the Commission pursuant to subsection (a)(2) of this section;
(B) over any civil action brought by the Commission pursuant to subsection (b)(1) of this section or against the Commission, a State, or a county pursuant to subsection (b)(2) of this section;
(C) over any appeal of any order, regulation, or other action of the Commission or a county taken pursuant to paragraph 4 2
2 So in original. Probably should be paragraph “(4)”.
of this subsection; or
(D) any civil penalties assessed by the Commission pursuant to subsection (a)(3) of this section.
(Pub. L. 99–663, § 15, Nov. 17, 1986, 100 Stat. 4297.)

CITE AS: 16 USC 544m

§ 544n. Authorization of appropriations
(a) General authorizations
There are authorized to be appropriated for fiscal years after the fiscal year 1986 such sums as are described below; 1
1 So in original. The semicolon probably should be a colon.
(1) For the purpose of acquisition of lands, water and interests therein pursuant to sections 544 to 544p of this title: $40,000,000: Provided, That of this amount no more than $10,000,000 shall be available to acquire lands, water, and interests therein pursuant to section 544h of this title. Such amounts are authorized to be appropriated from amounts covered into the Land and Water Conservation Fund notwithstanding any allocation, apportionment, or limitation contained in chapter 2003 of title 54.
(2) For the purpose of providing payments to local governments pursuant to section 544l(c) of this title: $2,000,000.
(b) Specific authorizations
There are authorized to be appropriated for fiscal years after the fiscal year 1986, effective upon concurrence on the management plan pursuant to section 544d of this title:
(1) For the purpose of construction of an interpretive center to be located in the State of Oregon, and a conference center to be located in the State of Washington: $10,000,000.
(2) For the purpose of construction of recreation facilities pursuant to section 544e(d) of this title: $10,000,000.
(3) For the purpose of preparing a program and restoring and reconstructing the Old Columbia River Scenic Highway, Oregon pursuant to section 544j of this title: $2,800,000.
(4) For the purpose of providing economic development grants pursuant to section 544i of this title: $5,000,000 for each State: Provided, That funds authorized to be appropriated pursuant to this paragraph shall be available for the acquisition of lands and interests therein pursuant to section 544h of this title if, at the expiration of three years, the States have failed to carry out their respective function pursuant to section 544c of this title.
(c) Availability of funds
(Pub. L. 99–663, § 16, Nov. 17, 1986, 100 Stat. 4300; Pub. L. 113–287, § 5(d)(17), Dec. 19, 2014, 128 Stat. 3265.)

CITE AS: 16 USC 544n

§ 544o. Savings provisions
(a) Effect on rights of Indians, use of water, rivers and streams, interstate compacts, existing transmission facilities, hunting and fishing, forest plans, scenic areas
Nothing in sections 544 to 544p of this title shall—
(1) affect or modify any treaty or other rights of any Indian tribe;
(2) except as provided in section 13(c),1
1 See References in Text note below.
authorize the appropriation or use of water by any Federal, State, or local agency, Indian tribe, or any other entity or individual;
(3) except as provided in section 13(c),1 affect the rights or jurisdictions of the United States, the States, Indian tribes or other entities over waters of any river or stream or over any ground water resource or affect or interfere with transportation activities on any such river or stream;
(4) except as provided in section 13(c),1 alter, establish, or affect the respective rights of the United States, the States, Indian tribes, or any person with respect to any water or water-related right;
(5) alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the States before November 17, 1986;
(6) affect or modify the ability of the Bonneville Power Administration to operate, maintain, and modify existing transmission facilities;
(7) affect lands held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other lands acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes;
(8) affect the laws, rules and regulations pertaining to hunting and fishing under existing State and Federal laws and Indian treaties;
(9) require any revision or amendment of any forest plan adopted pursuant to the National Forest Management Act of 1976 (Act of October 22, 1976, Public Law 94–588, as amended (16 U.S.C. 1600 et seq.)); or
(10) establish protective perimeters or buffer zones around the scenic area or each special management area. The fact that activities or uses inconsistent with the management directives for the scenic area or special management areas can be seen or heard from these areas shall not, of itself, preclude such activities or uses up to the boundaries of the scenic area or special management areas.
(b) Improvement of navigation facilities at Bonneville Dam
(c) Rights and responsibilities of non-Federal timber land owners
(d) Interstate compacts
(e) Failure to establish Columbia River Gorge Commission; responsibility of Secretary
(f) Actions of Secretary as major Federal actions affecting the environment
(1) Actions by the Secretary pursuant to subsections (f), (g), and (h) of section 544d of this title; subsections (f), (j), (k), and (l) of section 544f of this title; section 544g of this title; and subsections (a) and (b)(2) of section 544h of this title shall neither be considered major Federal actions significantly affecting the quality of the environment under section 102 of the National Environmental Policy Act (42 U.S.C. 4332) nor require the preparation of an environmental assessment in accordance with that Act [42 U.S.C. 4321 et seq.].
(2) Except as provided in paragraph (1) of this subsection, nothing in sections 544 to 544p of this title shall expand, restrict, or otherwise alter the duties of the Secretary under the National Environmental Policy Act.
(Pub. L. 99–663, § 17, Nov. 17, 1986, 100 Stat. 4300.)

CITE AS: 16 USC 544o

§ 544p. Severability
(a)1
1 So in original. No subsec. (b) has been enacted.
If any provision of sections 544 to 544p of this title or the application thereof to any person, State, Indian tribe, entity, or circumstance is held invalid, neither the remainder of sections 544 to 544p of this title, nor the application of any provisions herein to other persons, States, Indian tribes, entities, or circumstances, shall be affected thereby.
(Pub. L. 99–663, § 18, Nov. 17, 1986, 100 Stat. 4302.)

CITE AS: 16 USC 544p

§ 545. Mount Pleasant National Scenic Area; purposes
The purposes of sections 545 and 545a of this title with respect to the Mount Pleasant National Scenic Area are to—
(1) ensure appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources;
(2) protect and manage vegetation to provide wildlife and fish habitat, consistent with paragraph (1);
(3) provide areas that may develop characteristics of old-growth forests; and
(4) provide a variety of recreation opportunities that are not inconsistent with the preceding purposes.
(Pub. L. 103–314, § 2, Aug. 26, 1994, 108 Stat. 1703; Pub. L. 104–127, title IX, § 915, Apr. 4, 1996, 110 Stat. 1187.)

CITE AS: 16 USC 545

§ 545a. Establishment of Mount Pleasant National Scenic Area
(a) In general
(1) Establishment
(2) Lands included in scenic area
(3) Maps and descriptions
(b) Administration
(1) In general
(2) Management plan
(c) Roads
(d)
(e) Motorized travel
(1) Authorized routes
(2) Other areas
(f) Fire
(g) Insects and disease
(h) Water
(i) Mining withdrawal
(Pub. L. 103–314, § 3, Aug. 26, 1994, 108 Stat. 1703; Pub. L. 104–127, title IX, § 915, Apr. 4, 1996, 110 Stat. 1187.)

CITE AS: 16 USC 545a

§ 545b. Opal Creek Wilderness and Scenic Recreation Area
(a) DefinitionsIn this section:
(1) Bull of the Woods Wilderness
(2) Opal Creek Wilderness
(3) Scenic Recreation Area
(4) Secretary
(b) PurposesThe 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) EstablishmentOn a determination by the Secretary under paragraph (2)—
(A) the Opal Creek Wilderness, as depicted on the map described in subsection (a)(2), 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).
(2) ConditionsThe 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
(2) Opal Creek Management Plan
(A) In general
(B) Incorporation in land and resource management
(C) RequirementsThe 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
(3) Cultural and historic resource inventory
(A) In general
(B) Interpretation
(4) Transportation planning
(A)1
1 So in original. No subpar. (B) has been enacted.
In generalExcept 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), 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), 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
(B) Limitation
(C) Consultation
(6) Timber cutting
(A) In general
(B) Permitted cutting
(i) In generalSubject 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
(7) Withdrawal
(A)1 subject 2
2 So in original. Probably should be capitalized.
to valid existing rights, all lands in the Scenic Recreation Area are withdrawn from—
(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), 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
(10) Recreations
(A) Recognition
(B) Minimum levels
(C) Higher levels
(D) Public trail access
(11) ParticipationSo 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
(B) Public participation
(C) Other agencies
(D) Nonprofit agencies and organizations
(e) Advisory council
(1) Establishment
(2) MembershipThe 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
(4) Chairman
(5) Vacancies
(6) Compensation
(f) General provisions
(1) Land acquisition
(A) In general
(B) Public land
(C) CondemnationWithin 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 3
3 So in original. Probably should be “section”.
or the management plan prepared under subsection (d)(2).
(D) Construction
(2) Environmental response actions and cost recovery
(A) Response actions
(B) Liability
(3) Maps and description
(A) In general
(B) Force and effect
(C) Availability
(4) Savings provision
(g) Rosboro land exchange
(1) Authorization
(2) Land to be offered by Rosboro
(3) Land to be conveyed by the United StatesThe 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, S½SE¼ (80 acres);
(D) Section 2, Township 17 South, Range 4 East, SW¼SW¼ (40 acres);
(E) Section 2, Township 17 South, Range 4 East, NW¼SE¼ (40 acres);
(F) Section 8, Township 17 South, Range 4 East, SE¼SW¼ (40 acres);
(G) Section 11, Township 17 South, Range 4 East, W½NW¼ (80 acres); 4
4 So in original. The semicolon probably should be a period.
(4) Equal value
(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 5
5 So in original. Probably should be “if”.
Rosboro fails to offer the land described in paragraph (2) within 2 years after November 12, 1996.
(6) Challenge
(7) Authorization of appropriations
(h) Omitted
(i) Economic development
(1) Economic development plan
(2) Funds provided to the States for grants
(3) ReportThe 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, § 1023, Nov. 12, 1996, 110 Stat. 4215; Pub. L. 106–176, title I, § 125, Mar. 10, 2000, 114 Stat. 30.)

CITE AS: 16 USC 545b

§ 546. Establishment of Saint Helena Island National Scenic Area, Michigan
(a) Purpose
The purposes of sections 546 to 546a–5 of this title are—
(1) to preserve and protect for present and future generations the outstanding resources and values of Saint Helena Island in Lake Michigan, Michigan; and
(2) to provide for the conservation, protection, and enhancement of primitive recreation opportunities, fish and wildlife habitat, vegetation, and historical and cultural resources of the island.
(b) Establishment
(c) Effective upon conveyance
(Pub. L. 106–431, § 2, Nov. 6, 2000, 114 Stat. 1905.)

CITE AS: 16 USC 546

§ 546a. Boundaries
(a) Saint Helena Island
(b) Boundaries of Hiawatha National Forest extended
(c) Payments to local governments
(Pub. L. 106–431, § 3, Nov. 6, 2000, 114 Stat. 1905; Pub. L. 113–287, § 5(d)(18), Dec. 19, 2014, 128 Stat. 3266.)

CITE AS: 16 USC 546a

§ 546a–1. Administration and management
(a) Administration
(b) Special management requirements
Within 3 years of the acquisition of 50 percent of the land authorized for acquisition under section 546a–4 of this title, the Secretary shall develop an amendment to the land and resources management plan for the Hiawatha National Forest which will direct management of the scenic area. Such an amendment shall conform to the provisions of sections 546 to 546a–5 of this title. Nothing in sections 546 to 546a–5 of this title shall require the Secretary to revise the land and resource management plan for the Hiawatha National Forest pursuant to section 1604 of this title. In developing a plan for management of the scenic area, the Secretary shall address the following special management considerations:
(1) Public access
(2) Roads
(3) Vegetation management
(4) Motorized travel
(5) Fire
(6) Insects and disease
(7) Dockage
(8) Safety
(c) Consultation
(Pub. L. 106–431, § 4, Nov. 6, 2000, 114 Stat. 1906.)

CITE AS: 16 USC 546a-1

§ 546a–2. Fish and game

Nothing in sections 546 to 546a–5 of this title shall be construed as affecting the jurisdiction or responsibilities of the State of Michigan with respect to fish and wildlife in the scenic area.

(Pub. L. 106–431, § 5, Nov. 6, 2000, 114 Stat. 1907.)

CITE AS: 16 USC 546a-2

§ 546a–3. Minerals

Subject to valid existing rights, the lands within the scenic area are hereby withdrawn from disposition under all laws pertaining to mineral leasing, including all laws pertaining to geothermal leasing. Also subject to valid existing rights, the Secretary shall not allow any mineral development on federally owned land within the scenic area, except that common varieties of mineral materials, such as stone and gravel, may be utilized only as authorized by the Secretary to the extent necessary for construction and maintenance of roads and facilities within the scenic area.

(Pub. L. 106–431, § 6, Nov. 6, 2000, 114 Stat. 1907.)

CITE AS: 16 USC 546a-3

§ 546a–4. Acquisition
(a) Acquisition of lands within the scenic area
(b) Acquisition of other lands
(Pub. L. 106–431, § 7, Nov. 6, 2000, 114 Stat. 1907.)

CITE AS: 16 USC 546a-4

§ 546a–5. Authorization of appropriations
(a) Acquisition of lands
(b) Other purposes
(Pub. L. 106–431, § 8, Nov. 6, 2000, 114 Stat. 1907.)

CITE AS: 16 USC 546a-5

§ 546b. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia
(a) EstablishmentThere are designated as National Scenic Areas—
(1) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,192 acres, as generally depicted on the map entitled “Seng Mountain and Raccoon Branch” and dated April 28, 2008, which shall be known as the “Seng Mountain National Scenic Area”; and
(2) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,128 acres, as generally depicted on the map entitled “Bear Creek” and dated April 28, 2008, which shall be known as the “Bear Creek National Scenic Area”.
(b) PurposesThe purposes of the scenic areas are—
(1) to ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources of the scenic areas;
(2) consistent with paragraph (1), to protect wildlife and fish habitat in the scenic areas;
(3) to protect areas in the scenic areas that may develop characteristics of old-growth forests; and
(4) consistent with paragraphs (1), (2), and (3), to provide a variety of recreation opportunities in the scenic areas.
(c) Administration
(1) In generalThe Secretary shall administer the scenic areas in accordance with—
(A) this subtitle; and
(B) the laws (including regulations) generally applicable to the National Forest System.
(2) Authorized uses
(d) Management plan
(1) In general
(2) Effect
(e) Roads
(1) In general
(2) Limitation
(f) Timber harvest
(1) In general
(2) ExceptionsThe Secretary may authorize harvesting of timber in the scenic areas if the Secretary determines that the harvesting is necessary to—
(A) control fire;
(B) provide for public safety or trail access; or
(C) control insect and disease outbreaks.
(3) Firewood for personal use
(g) Insect and disease outbreaksThe Secretary may control insect and disease outbreaks—
(1) to maintain scenic quality;
(2) to prevent tree mortality;
(3) to reduce hazards to visitors; or
(4) to protect private land.
(h) Vegetation management
(i) Motorized vehicles
(1) In general
(2) ExceptionsThe Secretary may authorize the use of motorized vehicles—
(A) to carry out administrative activities that further the purposes of the scenic areas, as described in subsection (b);
(B) to assist wildlife management projects in existence on March 30, 2009; and
(C) during deer and bear hunting seasons—
(i) on Forest Development Roads 49410 and 84b; and
(ii) on the portion of Forest Development Road 6261 designated on the map described in subsection (a)(2) as “open seasonally”.
(j) Wildfire suppressionWildfire suppression within the scenic areas shall be conducted—
(1) in a manner consistent with the purposes of the scenic areas, as described in subsection (b); and
(2) using such means as the Secretary determines to be appropriate.
(k) Water
(l) WithdrawalSubject to valid existing rights, all Federal land in the scenic areas is withdrawn from—
(1) location, entry, and patent under the mining laws; and
(2) operation of the mineral leasing and geothermal leasing laws.
(Pub. L. 111–11, title I, § 1104, Mar. 30, 2009, 123 Stat. 1004.)

CITE AS: 16 USC 546b

§ 546b–1. Maps and boundary descriptions
(a) In general
As soon as practicable after March 30, 2009, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives maps and boundary descriptions of—
(1) the scenic areas;
(2) the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5));
(3) the wilderness study area designated by section 6(a)(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586) (as added by section 1102(b)(2)(D)); and
(4) the potential wilderness area designated by section 1103(a).1
1 See References in Text note below.
(b) Force and effect
(c) Availability of map and boundary description
(d) Conflict
(Pub. L. 111–11, title I, § 1106, Mar. 30, 2009, 123 Stat. 1007.)

CITE AS: 16 USC 546b-1