§544h Interim management

Summary

Within 180 days after November 17, 1986, the Secretary must write temporary rules for the scenic area outside cities. The rules must list land uses that do not fit the area’s purpose and set when the government can buy land without the owner’s OK. The Secretary must tell the public and send the rules to each county. Those temporary rules stay in place until the Secretary finishes special-area rules under section 544f and the county land-use laws under section 544e are in effect. Before those county land-use laws are approved by the Commission and the Secretary, the Secretary may take by condemnation any land used or likely to be used in ways that harm the area’s scenic, cultural, recreation, or natural values. Land used the same way as on November 17, 1986 cannot be taken unless it is used for sand, gravel, crushed rock, or refuse disposal. Within 30 days after the Secretary files a condemnation complaint for land outside special management and urban areas, the Commission—by a two-thirds vote that includes a majority of the members appointed from each State—or, if the Commission does not exist, the State’s governor, may reject the complaint. Once a condemnation case starts, the Secretary, through the U.S. Attorney General, may ask a federal court for a temporary order to stop harmful uses. While that order is in place, the Secretary must try in good faith to negotiate with the owner so the harmful use is stopped or its damage is reduced. Until county land rules are effective and approved, the Commission must review all major projects and new housing in each county’s part of the scenic area (outside cities) and allow them only if they meet the standards in section 544d and the purposes of sections 544–544p.