§544f Administration of Special Management Areas

Summary

The Secretary must run Federal lands inside the special management areas under the forest rules and the laws that apply to the national forest system. Roads and timber work on those Federal lands must follow Forest Service visual management rules. Land gained by exchange counts when figuring allowable timber sales on the Gifford Pinchot and Mount Hood National Forests. Federal lands in the special management areas are closed to most public land claims, mining claims, and mineral or geothermal leasing, except the Secretary may allow taking sand, gravel, or crushed rock if it is needed to build or fix roads there. The Secretary must finish a resource inventory like the one required under section 544d(a)(1). Within two years after November 17, 1986, the Secretary must do a recreation study that finds places suitable for an interpretive center in Oregon, a conference center in Washington, other public facilities (like campsites, picnic areas, boat launches), and areas that increase public river access, while respecting tribal rights. Within three years after November 17, 1986, the Secretary must set land use designations based on the inventory and the standards in section 544d. The Secretary must also, within three years after November 17, 1986 and with the Commission, create guidelines so non-Federal lands inside the special management areas are managed to meet those same standards and to avoid harm to scenic, cultural, recreation, and natural resources when harvesting timber or getting rock for roads. Counties must tell the Commission within 60 days that they plan to adopt a matching land use ordinance and must adopt the ordinance within 270 days. The Commission reviews each county ordinance in 90 days and tentatively says if it matches the management plan or returns it with needed changes. Counties get 90 days to revise; the Commission then has 60 days to re-decide. The Secretary has 90 days to concur or is treated as having concurred. If the Secretary objects, the Secretary must say why and offer changes; the county and Commission then follow set timelines to revise, resubmit, or have the Commission adopt an ordinance for the county. A county can later adopt its own ordinance that, with Secretary concurrence, replaces the Commission’s. If the Secretary does not concur, certain county funding rules in section 544n(c) apply. An adopted ordinance does not apply to a parcel if three years pass after a landowner makes a bona fide offer to sell at fair market value to the Secretary (unless the owner agrees to extend the time). An offer is not bona fide if the owner refuses fair market value as appraised under section 544g(e). That three-year rule does not cover land offered to the Secretary after March 31, 2001.