Title 16 — ConservationRelease 119-73not60
§544l Implementation Measures
Title 16 › Chapter 2— NATIONAL FORESTS › Subchapter II— SCENIC AREAS › § 544l
Summary
The Secretary must give free technical help to counties to write land-use rules under sections 544e and 544f. If a county does not get the Commission’s approval for its rule within three years after the first help was given, the Secretary must stop all help for that rule. Money paid under section 500 for certain special management areas in Oregon and Washington must be spent so that at least 50 percent goes to public schools in counties that adopted implementation measures under sections 544–544p, and the rest goes to public roads or other public uses in those counties. That rule does not apply to amounts paid for any fiscal year ending before November 17, 1986, or to counties that do not have a land-use ordinance found consistent by the Commission and concurred by the Secretary under section 544f. When the Secretary buys land under section 544g that was taxable in the five years before purchase and is in a county with a Commission‑approved ordinance, the Secretary must pay the county each year an amount equal to 1 percent of the land’s fair market value on the purchase date, but never more than the property taxes paid in the last full fiscal year before purchase. Those payments stop after the eighth full fiscal year after the first payment (lands with a payment in fiscal year 2000 get a total of eight fiscal years). Federal agencies must carry out duties in the scenic area in line with sections 544–544p as the Secretary decides, except as otherwise allowed. If the Commission is not set up within fifteen months after November 17, 1986, or is disbanded, no new federal spending, assistance, licenses, permits, or exemptions may be made for non-urban activities that the Secretary finds inconsistent with the implementation measures, the standards in section 544d(b), or the law’s purposes. “New” means money or commitments made on or after October 1, 1986, and licenses or permits issued on or after October 1, 1986 (renewals of older permits are not new). Certain routine or emergency projects, military needs, maintenance (not expansion) of essential public roads or structures, conservation and research projects, navigation aids, and other listed actions may still be allowed if they meet the standards and the Secretary is consulted. The Director of OMB must certify each fiscal year after September 30, 1987 that agencies followed these rules and report to Congress. Finally, public lands in the scenic area managed by the Bureau of Land Management are transferred to the Secretary to be run as National Forest lands under sections 544–544p, subject to valid existing rights.
Full Legal Text
Title 16, §544l
Conservation — Source: USLM XML via OLRC
(a)The Secretary shall provide technical assistance on a nonreimbursable basis to counties for the development of land use ordinances prescribed by section 544e and 544f of this title: Provided, That in the event a county fails to obtain approval by the Commission for a land use ordinance within three years after the date technical assistance is first provided under this subsection for the development of a land use ordinance, the Secretary shall terminate all technical assistance for any participation in the development of such ordinance.
(b)(1)Notwithstanding the provisions of section 500 of this title, that portion of which is paid under such provisions to the State of Oregon with respect to the special management areas within the Mount Hood National Forest, the Gates of the Columbia Gorge Special Management Area, Mount Hood National Forest, and to the State of Washington with respect to the special management areas within the Gifford Pinchot National Forest—
(2)Paragraph (1) of this subsection shall not apply—
(A)to any amount paid by the Secretary of the Treasury under the provisions of law referred to in subsection (b)(1) at the end of any fiscal year ending before November 17, 1986; or
(B)for a particular county, if the county does not have in effect a land use ordinance which has been found consistent by the Commission and concurred on by the Secretary pursuant to section 544f of this title.
(c)(1)Subject to section 544n(b) of this title, in the case of any land or interest therein acquired by the Secretary pursuant to section 544g of this title, which was subject to local real property taxes within the five years preceding such acquisition and which is located in a county which has in effect a land use ordinance which has been found consistent by the Commission and concurred on by the Secretary pursuant to section 544f of this title, the Secretary is authorized and directed to make annual payments to the county in which such lands are located in an amount equal to 1 per centum of the fair market value of such land or interest therein on the date of acquisition by the Secretary.
(2)Notwithstanding paragraph (1) of this subsection, any payment made for any fiscal year to a county pursuant to this subsection shall not exceed the amount of real property taxes assessed and levied on such property during the last full fiscal year before the fiscal year in which such land or interest therein was acquired by the Secretary.
(3)(A)Except as provided in subparagraph (B), no payment shall be made under this subsection with respect to any land or interest therein after the eighth full fiscal year beginning after the first fiscal year in which such a payment was made with respect to such land or interest therein.
(B)For any land or interest in land for which the Secretary is making a payment in fiscal year 2000, such payment shall be continued for a total of eight fiscal years.
(d)Except as otherwise provided in subsection (e) or in section 544o of this title, Federal agencies having responsibilities within the scenic area shall exercise such responsibilities consistent with the provisions of sections 544 to 544p of this title as determined by the Secretary.
(e)(1)Except as provided in paragraph (3), if the Commission has not been established pursuant to section 544c of this title within fifteen months after November 17, 1986, or is otherwise disestablished for any reason, no new expenditures or new financial assistance may be made available, and no new license or new permit, or exemption from a license or permit requirement, shall be issued, under authority of any Federal law for any activity within the scenic area, excluding urban areas, which the Secretary,11 So in original. The comma probably should not appear. determines is inconsistent with any implementation measure pursuant to, the standards established in section 544d(b) of this title, or the purposes of sections 544 to 544p of this title.
(2)(A)(i)An expenditure or financial assistance made available under authority of Federal law shall be treated, for purposes of this subsection, as a new expenditure or new financial assistance if—
(I)in any case with respect to which specific appropriations are required, no money for construction or purchase was appropriated before October 1, 1986; or
(II)no legally binding commitment for the expenditure or financial assistance was made before October 1, 1986.
(ii)Payments made to the State pursuant to the following Acts shall not be treated as an expenditure or financial assistance for purposes of this subsection: section 500 of this title; the Mineral Lands Leasing Act of 1920 [30 U.S.C. 181 et seq.]; chapter 69 of title 31 (relating to payments in lieu of taxes for entitlement land); the Act of June 9, 1916 (39 Stat. 218), and the Act of Feb. 26, 1919 (40 Stat. 1179).
(B)A license or permit, or exemption from a license or permit requirement, shall be treated, for purposes of this subsection, as a new license or new permit, or exemption from a license or permit requirement, if such license or permit, or exemption from a license or permit requirement, was issued on or after October 1, 1986. A renewal under similar terms and conditions of a license or permit, or exemption from a license or permit requirement, issued before October 1, 1986, shall not be treated as a new license or new permit, or exemption from a license or permit requirement.
(3)Notwithstanding paragraph (1), the appropriate Federal officer, after consultation with the Secretary, may make Federal expenditures or financial assistance available within the area for any of the following:
(A)The maintenance of existing channel improvements and related structures, and including the disposal of dredge materials related to such improvements.
(B)The maintenance, replacement, reconstruction, or repair, but not the expansion, of publicly owned or publicly operated roads, structures, or facilities that are essential links in a larger network or system.
(C)Military activities essential to national security.
(D)Any of the following actions or projects, but only if the making available of expenditures or assistance therefor is consistent with the standards in section 544d(b) of this title and the purposes of sections 544 to 544p of this title:
(i)Projects for the study, management, protection and enhancement of fish and wildlife resources and habitats, including, but not limited to, acquisition of fish and wildlife habitats and related lands, stabilization projects for fish and wildlife habitats, and recreational projects.
(ii)The establishment, operation, and maintenance of air and water navigation aids and devices, and for access thereto.
(iii)Projects under chapter 2003 of title 54 and the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
(iv)Scientific research, including but not limited to aeronautical, atmospheric, space, geologic, marine, fish and wildlife, and other research, development, and applications.
(v)Assistance for emergency actions essential to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to section 305 and 306 of the Disaster Relief Act of 1974 (42 U.S.C. 5145 and 5146) 22 See References in Text note below. and section 1362 of the National Flood Insurance Act of 1968 (42 U.S.C. 4103) 2 and are limited to actions that are necessary to alleviate the emergency.
(vi)The maintenance, replacement, reconstruction, or repair, but not the expansion, of publicly owned or publicly operated roads, structures, or facilities. This clause shall not apply to roads, structures, or facilities referred to in paragraph (3)(B).
(vii)Nonstructural projects for shoreline stabilization that are designed to mimic, enhance, or restore natural stabilization systems.
(4)The Director of the Office of Management and Budget shall, on behalf of each Federal agency concerned, make written certification that each such agency has complied with the provisions of this subsection during each fiscal year beginning after September 30, 1987. Such certification shall be submitted on an annual basis to the House of Representatives and the Senate pursuant to the schedule required under the Congressional Budget and Impoundment Control Act of 1974.
(5)Nothing contained in this subsection shall be construed as indicating an intent on the part of the Congress to change the existing relationship of other Federal laws to the law of a State, or a political subdivision of a State, or to relieve any person or any obligation imposed by any law of any State, or political subdivision of a State. No provision of this subsection shall be construed to invalidate any provision of State or local law unless there is a direct conflict between such provision and the law of the State, or political subdivision of the State, so that the two cannot be reconciled or consistently stand together. This subsection shall in no way be interpreted to interfere with a State’s right to protect, rehabilitate, preserve, and restore lands within its established boundary.
(f)Subject to valid existing rights, all public lands within the scenic area administered by the Secretary of the Interior through the Bureau of Land Management are hereby transferred without consideration to the jurisdiction of the Secretary to be managed as National Forest lands in accordance with the provisions of sections 544 to 544p of this title.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Mineral Lands Leasing Act of 1920, referred to in subsec. (e)(2)(A)(ii), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see
Short Title
note set out under section 181 of Title 30 and Tables. Act of
June 9, 1916, referred to in subsec. (e)(2)(A)(ii), is act
June 9, 1916, ch. 137, 39 Stat. 218, which is not classified to the Code. Act of Feb. 26, 1919, referred to in subsec. (e)(2)(A)(ii), is act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the Code. The Coastal Zone Management Act of 1972, referred to in subsec. (e)(3)(D)(iii), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 1451 of this title and Tables. The Disaster Relief Act of 1974, referred to in subsec. (e)(3)(D)(v), was renamed The Robert T. Stafford Disaster Relief and Emergency Assistance Act, and was substantially revised by Pub. L. 100–707, Nov. 23, 1988, 102 Stat. 4689. section 102(b) of Pub. L. 100–707 provided that a reference in any other law to a provision of the Disaster Relief Act of 1974 shall be deemed to be a reference to such provision of The Robert T. Stafford Disaster Relief and Emergency Assistance Act. The Robert T. Stafford Disaster Relief and Emergency Assistance Act was renamed the Robert T. Stafford Disaster Relief and Emergency Assistance Act by Pub. L. 106–390, title III, § 301, Oct. 30, 2000, 114 Stat. 1572. section 105(d) of Pub. L. 100–707 repealed section 305 and 306 of the Act (42 U.S.C. 5145 and 5146) and redesignated section 308 and 309 of the Act (42 U.S.C. 5148 and 5149), and any references thereto, as section 305 and 306, respectively. For corresponding provisions to former section 305 and 306 of the Act, see section 5170a, 5170b, and 5192 of Title 42, The Public Health and Welfare. section 1362 of the National Flood Insurance Act of 1968 (42 U.S.C. 4103), referred to in subsec. (e)(3)(D)(v), was repealed by Pub. L. 103–325, title V, § 551(a), Sept. 23, 1994, 108 Stat. 2269. The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (e)(4), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see
Short Title
note set out under section 621 of Title 2, The Congress, and Tables.
Amendments
2014—Subsec. (e)(3)(D)(iii). Pub. L. 113–287, which directed amendment of subsec. (e)(3)(D)(iii) by substituting “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)”, was executed by making the substitution for “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–4 through 11)”, to reflect the probable intent of Congress. 2000—Subsec. (c)(3). Pub. L. 106–291 inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, substituted “Except as provided in subparagraph (B), no payment” for “No payment”, substituted “eighth full fiscal year” for “fifth full fiscal year”, and added subpar. (B).
Reference
Citations & Metadata
Citation
16 U.S.C. § 544l
Title 16 — Conservation
Last Updated
Apr 5, 2026
Release point: 119-73not60