§544o — Title 16 Conservation | U.S. Code

Summary

Keeps many existing rights, rules, and duties in place so they are not changed by these laws. It does not change any treaty or other rights of Indian tribes. It does not allow anyone to take or use water except where section 13(c) says it can. It does not change who has rights or control over rivers, streams, groundwater, or river transportation, except as section 13(c) allows. It does not change old interstate compacts made before November 17, 1986. It does not limit the Bonneville Power Administration’s ability to run and work on its transmission lines. It leaves lands held in trust for tribes and lands the Army Corps of Engineers manages for tribes alone. Hunting and fishing laws stay the same. It does not force changes to forest plans made under the National Forest Management Act. It does not create new buffer zones around the scenic area or special management areas, and things you can see or hear from those areas do not by themselves stop people from using land up to the area boundaries. Besides that, the Army Corps’ duty to improve navigation at Bonneville Dam stays the same, except for offsite disposal of excavation material. Non-Federal timber owners keep their rights under the Oregon and Washington Forest Practices Acts and county rules, except for how non-Federal timber on special management areas is handled. Some specific Secretary actions listed in the law are not treated as “major Federal actions” under section 102 of the National Environmental Policy Act (42 U.S.C. 4332) and do not need an environmental assessment. Otherwise, the law does not change the Secretary’s duties under NEPA (42 U.S.C. 4321 et seq.).

Title 16, §544o

Conservation — Source: USLM XML via OLRC

(a)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),11 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)Except for the offsite disposal of excavation material, nothing in sections 544 to 544p of this title shall be construed to affect or modify the responsibility of the United States Army Corps of Engineers to improve navigation facilities at Bonneville Dam pursuant to Federal law.

(c)Except for the management, utilization, or disposal of timber resources of non-Federal lands within the special management areas, nothing in sections 544 to 544p of this title shall affect the rights and responsibilities of non-Federal timber land owners under the Oregon and Washington Forest Practices Acts or any county regulations which under applicable State law supersede such Acts.

(d)Mandatory language in sections 544 to 544p of this title respecting the powers and responsibilities of the Commission shall be interpreted as conditions precedent to congressional consent to the interstate compact described in section 544c of this title.

(e)In the event that the States of Washington and Oregon fail to comply with the provisions of section 544c of this title, the Secretary shall not be obligated to take actions which are predicated upon the establishment of the Commission.

(f)(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 13(c), referred to in subsec. (a)(2) to (4), is section 13(c) of Pub. L. 99–663, Nov. 17, 1986, 100 Stat. 4294, which amended section 1274(a) of this title. The National Forest Management Act of 1976, referred to in subsec. (a)(9), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted section 472a, 521b, 1600, and 1611 to 1614 of this title, amended section 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of this title, repealed section 476, 513, and 514 of this title, and enacted provisions set out as notes under section 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see

Short Title

of 1976 Amendment note set out under section 1600 of this title and Tables. The National Environmental Policy Act, referred to in subsec. (f), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 4321 of Title 42 and Tables.

§544o Savings provisions

Summary

Title 16, §544o

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Citations & Metadata