16 U.S.C. § 544f
Administration of special management areas
Subject to valid existing rights, all Federal lands located in the special management areas are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws of the United States,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.
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.
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.
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.
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.
This subsection shall not apply to any land offered to the Secretary for acquisition after
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).
Pub. L. 100–71, title I,
Notes of Decisions
Cited in 14
cases, 1987–2009 · leading case: Skamania Cnty. v. Woodall, 16 P.3d 701 (Wash. Ct. App. 2001).
Skamania Cnty. v. Woodall, 16 P.3d 701 (Wash. Ct. App. 2001). “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 Cnty. v. Woodall, 104 Wash. App. 525 (Wash. Ct. App. 2001). “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 Comm'n, 213 P.3d 1164 (Or. 2009). “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 Co., Serv. Station Dealers of Am., Inc., Amicus Curiae, 830 F.2d 476 (3rd Cir. 1987). “, 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, 624 F. Supp. 2d 1253 (D. Or. 2008). “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 Comm'n, 171 P.3d 942 (Or. Ct. App. 2007). “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 Bd., 118 P.3d 354 (Wash. Ct. App. 2005). “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, 827 F. Supp. 651 (E.D. Wash. 1993). “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 Comm'n v. Hood River Cnty., 152 P.3d 997 (Or. Ct. App. 2007). “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 Serv., 546 F. Supp. 2d 1088 (D. Or. 2008). “” 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, 905 F. Supp. 836 (E.D. Wash. 1995). “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 & Prop. v. Yeutter, 960 F.2d 110 (9th Cir. 1992). “16 U.S.C. § 544f. Once these tasks are accomplished, the Commission is to develop and adopt a management plan for the Scenic Area.”
— 16 U.S.C. § 544f(a) — 1 case
Friends of the Columbia Gorge, Inc. v. United States Forest Serv., 546 F. Supp. 2d 1088 (D. Or. 2008). “” 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.”
— 16 U.S.C. § 544f(a)(l) — 1 case
Friends of the Columbia Gorge, Inc. v. Elicker, 598 F. Supp. 2d 1136 (D. Or. 2009).
— 16 U.S.C. § 544f(f) — 3 cases
Skamania Cnty. v. Woodall, 16 P.3d 701 (Wash. Ct. App. 2001). “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 Cnty. v. Woodall, 104 Wash. App. 525 (Wash. Ct. App. 2001). “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 Bd., 118 P.3d 354 (Wash. Ct. App. 2005). “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
Friends of the Columbia Gorge, Inc. v. Schafer, 624 F. Supp. 2d 1253 (D. Or. 2008). “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.”
— 16 U.S.C. § 544f(h)(2) — 1 case
Skamania Cnty. v. Woodall, 16 P.3d 701 (Wash. Ct. App. 2001). “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.”
— 16 U.S.C. § 544f(i) — 1 case
Columbia River Gorge Comm'n v. Hood River Cnty., 152 P.3d 997 (Or. Ct. App. 2007). “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
Skamania Cnty. v. Woodall, 16 P.3d 701 (Wash. Ct. App. 2001). “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 Cnty. v. Woodall, 104 Wash. App. 525 (Wash. Ct. App. 2001). “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.”
— 16 U.S.C. § 544f(j) — 3 cases
Skamania Cnty. v. Woodall, 16 P.3d 701 (Wash. Ct. App. 2001). “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 Cnty. v. Woodall, 104 Wash. App. 525 (Wash. Ct. App. 2001). “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.”
Columbia River Gorge Comm'n v. Hood River Cnty., 152 P.3d 997 (Or. Ct. App. 2007). “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(l) — 1 case
Columbia River Gorge Comm'n v. Hood River Cnty., 152 P.3d 997 (Or. Ct. App. 2007). “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(m) — 2 cases
Skamania Cnty. v. Woodall, 16 P.3d 701 (Wash. Ct. App. 2001). “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 Cnty. v. Woodall, 104 Wash. App. 525 (Wash. Ct. App. 2001). “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.”
— 16 U.S.C. § 544f(o) — 4 cases
Slatky, John v. Amoco Oil Co., Serv. Station Dealers of Am., Inc., Amicus Curiae, 830 F.2d 476 (3rd Cir. 1987). “, 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…”
W. Birkenfeld Trust v. Bailey, 827 F. Supp. 651 (E.D. Wash. 1993). “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, 905 F. Supp. 836 (E.D. Wash. 1995). “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, 909 F. Supp. 779 (E.D. Wash. 1995).
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