16 U.S.C. § 544f

Administration of special management areas

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(a) Administration of Federal lands(1) 11 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

Subject to valid existing rights, all Federal lands located in the special management areas are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws of the United States, and from disposition under all laws pertaining to mineral and geothermal leasing: Provided, That the Secretary may allow the exploration, development, or production of sand, gravel, and crushed rock as necessary to construct, maintain, or reconstruct roads in the special management areas.

The Secretary shall complete a resource inventory for the special management areas consistent with the process and substance of the inventory prescribed by section 544d(a)(1) of this title.

(d) Recreation 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) 22 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

Upon receipt of notification of nonconcurrence by the Secretary, the Commission shall resubmit the land use ordinance to the appropriate county. Such county shall within ninety days, reconsider and revise the ordinance and resubmit the ordinance to the Commission for reconsideration in accordance with the provisions of this section. Should the Secretary again deny concurrence, the Commission shall either prepare a land use ordinance for such county pursuant to subsection (l) of this section or, by a two-thirds vote of the membership of the Commission including a majority of the members appointed from each State, determine that the ordinance is consistent with the management plan.

(l) Commission ordinances(1) Within ninety days after making a determination that a county has failed to comply with the provisions of subsection (h) of this section, the Commission shall make and publish an ordinance setting standards for the use of non-Federal lands of such county within the boundaries of the special management areas. The ordinances shall have the object of assuring that the use of such lands is consistent with the management plan. The ordinances may differ amongst the several parcels of land within the boundaries of the special management areas. The ordinances may from time to time be amended by the Commission.(2) The Commission shall promptly submit the ordinance to the Secretary. The Secretary shall, within ninety days after receipt of the ordinance from the Commission, concur with the tentative determination that the land use ordinance is consistent with the management plan unless a determination of inconsistency is made. Any ordinance submitted to the Secretary shall become effective upon concurrence. Should the Secretary fail to concur within ninety days, the land use ordinance shall be effective.(3) If concurrence is denied, the Secretary shall state the reasons for finding the ordinance is inconsistent with the management plan, and shall submit to the Commission suggested modifications to the ordinance to make it consistent with the plan.(4) The Commission shall have ninety days after it receives recommendations from the Secretary to make modifications designed to eliminate the inconsistencies and to resubmit the ordinance to the Secretary for concurrence. The Secretary shall have sixty days to concur with the resubmitted ordinance. Any resubmitted ordinance shall become effective upon concurrence by the Secretary. Should the Secretary deny concurrence for the resubmitted ordinance, the Secretary shall state the reasons therefor and shall promptly resubmit the ordinance for reconsideration. Should the Secretary fail to concur within sixty days, the ordinance shall be deemed effective.(5) Within one hundred twenty days after receipt of notification of non-concurrence, the Commission shall—(A) revise and resubmit the land use ordinance to the Secretary; or(B) by a vote of two-thirds of its membership, including a majority of the members appointed from each State, reject the suggested modifications of the Secretary and adopt a land use ordinance consistent with the provisions of this section and the purposes of sections 544 to 544p of this title.(m) Subsequent compliance

In the event the Commission has adopted an ordinance pursuant to this section, the affected county may thereafter, upon written notice to the Commission and to the Secretary, elect to adopt a special management area land use ordinance, in which event it shall comply with the provisions of this section for adoption of special management area land use ordinances. Upon concurrence of such land use ordinances by the Secretary they shall supersede any special management area land use ordinances for the county development by the Commission, subject to valid existing rights.

(n) Effect of Secretary’s non-concurrence

If the Secretary does not concur in any land use ordinance approved or adopted by the Commission pursuant to this section, the availability of certain funds to the relevant county shall be governed by section 544n(c) of this title.

(o) Special rules(1) In general

Any ordinance adopted pursuant to this section shall not apply to any parcel or parcels of land within a special management area if, after the date such ordinance has been adopted, three years have elapsed after a landowner has made a bona fide offer to sell at fair market value or otherwise convey such parcel or parcels to the Secretary, unless the affected landowner agrees to an extension of the three year period: Provided, That an offer shall not be considered bona fide if the landowner refuses consideration equal to the fair market value as appraised in accordance with section 544g(e) of this title. Lands for which an ordinance is suspended pursuant to this subsection shall be subject to the relevant scenic area land use ordinance adopted pursuant to section 544e of this title.

(2) Applicability

This subsection shall not apply to any land offered to the Secretary for acquisition after March 31, 2001.

(Pub. L. 99–663, § 8, Nov. 17, 1986, 100 Stat. 4283; Pub. L. 106–291, title III, § 346(b), Oct. 11, 2000, 114 Stat. 999.)Editorial NotesAmendments

2000—Subsec. (o). Pub. L. 106–291 designated existing provisions as par. (1), inserted par. heading, substituted “section 544g(e) of this title.” for “the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 1973).” in first sentence, and added par. (2).

Statutory Notes and Related SubsidiariesAdministration, Operation, and Maintenance of Pierce National Wildlife Refuge and Little White Salmon National Fish Hatchery

Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 418, provided in part that: “Notwithstanding the provisions of Public Law 99–663 [enacting sections 544 to 544p of this title and amending sections 1274 and 1276 of this title], which established the Columbia River Gorge National Scenic Area, the Pierce National Wildlife Refuge and the Little White Salmon National Fish Hatchery shall continue to be administered, operated and maintained in accordance with the provisions of the National Wildlife Refuge System Administration Act [16 U.S.C. 668dd, 668ee], Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], and Fish and Wildlife Act of 1956 [16 U.S.C. 742a et seq.] by the U.S. Fish and Wildlife Service.”

Notes of Decisions

Cited in 14 cases, 1987–2009 · leading case: Skamania County v. Woodall

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Skamania County v. Woodall (2001) washctapp · cites it 6× “16 U.S.C. § 544f(f). The counties would then adopt local land use ordinances, and submit them to the Commission, which would ensure the ordinances were consistent with its Management Plan.”

Skamania County v. Woodall (2001) washctapp · cites it 6× “16 U.S.C. § 544f (h)(2), (i)(l). If the Commission did not approve the ordinance, the county could revise it, or the Commission would impose a plan on the county.”

Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or · cites it 2× “16 USC § 544f. 2 The commission consists of 13 members — one from each of the six counties with land that is within the scenic area’s boundaries, who are appointed by the governing bodies of their respective counties; three from Oregon, who are appointed by the Governor of…”

Slatky, John v. Amoco Oil Company, Service Station Dealers of America, Inc., Amicus Curiae (1987) ca3 “, 16 U.S.C. § 544f(o) (conservation area rules limiting use of property do not apply to unpurchased land for which owner has made “bona fide of *484 fer” to sell to government; offer “shall not be considered bona fide” if owner refuses consideration equal to the fair market…”

Friends of the Columbia Gorge, Inc. v. Schafer (2008) ord “16 U.S.C. § 544f(f)(l). The Scenic Area Act states that the Secretary “shall promptly transmit the guidelines to the Commission for inclusion in the management plan,” id.”

Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544f. Those guidelines are required to be transmitted to the commission, and the commission, in turn, is required to “incorporate without change the management direction for the use of Federal lands within and the land use designations for the special management areas…”

Friends of the Columbia Gorge, Inc. v. Forest Practices Appeals Board (2005) washctapp · cites it 7× “16 U.S.C. § 544f. These USSA guidelines must ensure 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…”

W. Birkenfeld Trust v. Bailey (1993) waed · cites it 2× “16 U.S.C. § 544f. The Commission is responsible for completing a resource inventory, 2 economic opportunity study 3 and recreation assessment 4 for the entire Scenic Area.”

Columbia River Gorge Commission v. Hood River County (2007) orctapp · cites it 3× “16 USC § 544f(i). If the Commission determines that the county ordinances comply with the management plan, it is to transmit the ordinances to the Secretary of Agriculture, who then determines whether the ordinances are consistent with the management plan.”

Friends of the Columbia Gorge, Inc. v. United States Forest Service (2008) ord “” 16 USC § 544f(a). The USFS must review all uses of federal lands in the National Scenic Area “and issue a determination of consistency with the Management Plan for projects on federal lands.”

Stevenson v. Rominger (1995) waed · cites it 6× “Under 16 U.S.C. § 544f, the Forest Service is to conduct a resource inventory and recreation assessment for the SMAs and to develop land use designations for the SMAs based on those studies.”

Columbia River Gorge United-Protecting People & Property v. Yeutter (1992) ca9 “16 U.S.C. § 544f. Once these tasks are accomplished, the Commission is to develop and adopt a management plan for the Scenic Area.”

Show all 14 citing cases →

— 16 U.S.C. § 544f(a) — 1 case

— 16 U.S.C. § 544f(a)(l) — 1 case

Friends of the Columbia Gorge, Inc. v. Elicker (2009) ord

— 16 U.S.C. § 544f(f) — 3 cases

Skamania County v. Woodall (2001) washctapp “16 U.S.C. § 544f(f). The counties would then adopt local land use ordinances, and submit them to the Commission, which would ensure the ordinances were consistent with its Management Plan.”

Skamania County v. Woodall (2001) washctapp “16 U.S.C. § 544f (h)(2), (i)(l). If the Commission did not approve the ordinance, the county could revise it, or the Commission would impose a plan on the county.”

Friends of the Columbia Gorge, Inc. v. Forest Practices Appeals Board (2005) washctapp “16 U.S.C. § 544f. These USSA guidelines must ensure 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…”

— 16 U.S.C. § 544f(f)(l) — 1 case

— 16 U.S.C. § 544f(h)(2) — 1 case

— 16 U.S.C. § 544f(i) — 1 case

Columbia River Gorge Commission v. Hood River County (2007) orctapp “16 USC § 544f(i). If the Commission determines that the county ordinances comply with the management plan, it is to transmit the ordinances to the Secretary of Agriculture, who then determines whether the ordinances are consistent with the management plan.”

— 16 U.S.C. § 544f(i)(2) — 2 cases

— 16 U.S.C. § 544f(j) — 3 cases

— 16 U.S.C. § 544f(l) — 1 case

— 16 U.S.C. § 544f(m) — 2 cases

— 16 U.S.C. § 544f(o) — 4 cases

W. Birkenfeld Trust v. Bailey (1993) waed “16 U.S.C. § 544f. The Commission is responsible for completing a resource inventory, 2 economic opportunity study 3 and recreation assessment 4 for the entire Scenic Area.”

Stevenson v. Rominger (1995) waed “Under 16 U.S.C. § 544f, the Forest Service is to conduct a resource inventory and recreation assessment for the SMAs and to develop land use designations for the SMAs based on those studies.”

Stevenson v. Rominger (1995) waed

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