U.S. Code » Title 16 » Chapter CHAPTER 2— NATIONAL FORESTS › Subchapter SUBCHAPTER II— SCENIC AREAS

16 U.S.C. § 544h

Interim management

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(a) Interim guidelines(1) 11 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 reliefPrior 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

Prior to the effective date of a land use ordinance for each county pursuant to section 544e of this title, and concurrence of the Secretary on a land use ordinance for each county pursuant to section 544f of this title, the Commission shall review all proposals for major development actions and new residential development in such county in the scenic area, except urban areas. The Commission shall allow major development actions and new residential development only if it determines that such development is consistent with the standards contained in section 544d of this title and the purposes of sections 544 to 544p of this title.

(Pub. L. 99–663, § 10, Nov. 17, 1986, 100 Stat. 4291.)Editorial NotesCodification

November 17, 1986, referred to in subsec. (b)(1), was in the original “the effective date of this Act”, which was translated as being the date of enactment of Pub. L. 99–663.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1991–2023 · leading case: Tucker v. Columbia River Gorge Comm'n, 867 P.2d 686 (Wash. Ct. App. 1994).
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Tucker v. Columbia River Gorge Comm'n, 867 P.2d 686 (Wash. Ct. App. 1994). · cites it 6× “16 U.S.C. § 544h(a)(l). In September 1992, the Commission adopted a management plan.”
SKAMANIA CTY. v. Columbia River Gorge Com'n, 26 P.3d 241 (Wash. 2001). “See 16 U.S.C. § 544h(c). If the Gorge Commission had approved the Beas' application under those guidelines and the decision had become final because it was not appealed, the Gorge Commission could hardly have argued that § 544m(a)(1) allowed it to go back and invalidate its own…”
Skamania Cnty. v. Columbia River Gorge Comm'n, 144 Wash. 2d 30 (Wash. 2001). “See 16 U.S.C. § 544h(c). If the Gorge Commission had approved the Beas’ application under those guidelines and the decision had become final because it was not appealed, the Gorge Commission could hardly have argued that § 544m(a)(1) allowed it to go back and invalidate its own…”
Broughton Lumber Co. v. Yeutter, 939 F.2d 1547 (Fed. Cir. 1991). · cites it 2× “for a temporary restraining order____ 16 U.S.C. § 544h. According to Broughton, the Secretary’s action in issuing Interim Guidelines which circumscribed use of its water rights is an acquisition of that property interest by the Secretary pursuant to § 544h(b)(l).”
Broughton Lumber Co. v. United States, 30 Fed. Cl. 239 (Fed. Cl. 1994). “16 U.S.C. § 544h (1988). The Guidelines include the statement that "[n]ew industrial development outside the Urban Areas is inconsistent with the Act.”
Judith Zimmerly, V. Columbia River Gorge Comm'n (Wash. Ct. App. 2023). · cites it 5× “16 U.S.C. § 544h(a)(1). The Secretary’s interim guidelines, adopted in 1987, were the controlling authority for determining a proposed use or development’s consistency with the Act until counties enacted their scenic area ordinances.”
Murray v. Columbia River Gorge Comm'n, 891 P.2d 1380 (Or. Ct. App. 1995). “99-663, section 10(c) (16 USC § 544h(c)). We affirm. Petitioner makes a number of arguments, only one of which warrants discussion.”
— 16 U.S.C. § 544h(a) — 1 case
Broughton Lumber Co. v. Yeutter, 939 F.2d 1547 (Fed. Cir. 1991). “for a temporary restraining order____ 16 U.S.C. § 544h. According to Broughton, the Secretary’s action in issuing Interim Guidelines which circumscribed use of its water rights is an acquisition of that property interest by the Secretary pursuant to § 544h(b)(l).”
— 16 U.S.C. § 544h(a)(1) — 1 case
Judith Zimmerly, V. Columbia River Gorge Comm'n (Wash. Ct. App. 2023). “16 U.S.C. § 544h(a)(1). The Secretary’s interim guidelines, adopted in 1987, were the controlling authority for determining a proposed use or development’s consistency with the Act until counties enacted their scenic area ordinances.”
— 16 U.S.C. § 544h(a)(l) — 1 case
Tucker v. Columbia River Gorge Comm'n, 867 P.2d 686 (Wash. Ct. App. 1994). “16 U.S.C. § 544h(a)(l). In September 1992, the Commission adopted a management plan.”
— 16 U.S.C. § 544h(c) — 5 cases
Tucker v. Columbia River Gorge Comm'n, 867 P.2d 686 (Wash. Ct. App. 1994). “16 U.S.C. § 544h(a)(l). In September 1992, the Commission adopted a management plan.”
SKAMANIA CTY. v. Columbia River Gorge Com'n, 26 P.3d 241 (Wash. 2001). “See 16 U.S.C. § 544h(c). If the Gorge Commission had approved the Beas' application under those guidelines and the decision had become final because it was not appealed, the Gorge Commission could hardly have argued that § 544m(a)(1) allowed it to go back and invalidate its own…”
Skamania Cnty. v. Columbia River Gorge Comm'n, 144 Wash. 2d 30 (Wash. 2001). “See 16 U.S.C. § 544h(c). If the Gorge Commission had approved the Beas’ application under those guidelines and the decision had become final because it was not appealed, the Gorge Commission could hardly have argued that § 544m(a)(1) allowed it to go back and invalidate its own…”
Judith Zimmerly, V. Columbia River Gorge Comm'n (Wash. Ct. App. 2023). “16 U.S.C. § 544h(a)(1). The Secretary’s interim guidelines, adopted in 1987, were the controlling authority for determining a proposed use or development’s consistency with the Act until counties enacted their scenic area ordinances.”
Murray v. Columbia River Gorge Comm'n, 891 P.2d 1380 (Or. Ct. App. 1995). “99-663, section 10(c) (16 USC § 544h(c)). We affirm. Petitioner makes a number of arguments, only one of which warrants discussion.”
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