§544h Interim Management

Summary

The Secretary must write interim rules within 180 days after November 17, 1986, to show what land uses outside cities do not fit the scenic area’s goals and to explain when the government can take land without the owner’s OK. The Secretary must tell the public and send the rules to each county. Those interim rules stay in place until the Secretary and the local governments finish the permanent county rules required by the law. Before the permanent county rules are approved, the Secretary may use condemnation to buy land being used, or likely to be used, in ways that would harm the scenic, cultural, recreation, or natural resources. Land that was used the same way on November 17, 1986, cannot be taken this way unless it is for sand, gravel, crushed rock work, or refuse dumping. Within 30 days after the Secretary files a condemnation complaint for land outside the special management areas and cities, the Commission (by a two-thirds vote that includes a majority of members appointed from each State) or, if there is no Commission, the State Governor, may reject the complaint. If a condemnation case is started, the Secretary, through the Attorney General, can ask a federal court for a temporary order to stop uses of property outside cities that would harm the scenic area or go against its purposes. While the court order is in place, the Secretary must try in good faith to work with the owner so the harmful use stops or the damage is reduced once the order ends. Until the permanent county rules are in effect and the Secretary concurs, the Commission must review all major projects and new housing in each county’s part of the scenic area (except cities) and only allow them if they meet the standards in section 544d and the law’s overall purposes.