PRIA, Government Policy, Made Personal

Summary

The Secretary must write temporary rules within 180 days after November 17, 1986, to show what kinds of land uses outside cities do not fit the scenic area and to guide how the government can acquire land without the owner’s consent. The Secretary must tell the public and send the rules to each county. Those temporary rules stay in place until the Secretary and the counties put their full land-use plans in effect under the other named sections. Until those county rules are approved, the Secretary can use a legal process to take land or land interests that are being used, or likely to be used, in ways that harm the scenic, cultural, recreation, or natural resources. The Secretary cannot take land that was being used the same way on November 17, 1986, unless it is used for sand, gravel, crushed rock, or refuse disposal. Within 30 days of filing to take land, the Commission (by a two‑thirds vote including a state-appointed majority) or, if no Commission exists, the State Governor can reject the action. The Secretary, through the Attorney General, may also ask a federal court for a temporary order to stop harmful uses, and must try in good faith to negotiate a fix with the owner. Until county rules are effective and the Secretary concurs, the Commission must review and approve major development and new housing outside cities only if they meet the standards in section 544d and the purposes of sections 544–544p.

Title 16, §544h

Conservation, Source: USLM XML via OLRC

(a)Interim guidelines

(1)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 relief

Prior 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.

Editorial Notes

Codification 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.

§544h Interim Management

Summary

Title 16, §544h

Notes & Related Subsidiaries

Editorial Notes

Effective Date

Citations & Metadata