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16 U.S.C. § 544oSavings provisions

submitted 40 years ago by Pub. L. 99-663 to r/title-16-CONSERVATION · 737 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section preserves Indian rights, water rights, interstate agreements, existing facilities, hunting and fishing rules, forest plans, and other legal protections. It also limits when Secretary actions require environmental review.

(a) Nothing in sections 544 through 544p: (1) changes Indian treaties or other tribal rights; (2) except as section 13(c) provides, authorizes federal, State, local, tribal, or private water appropriation or use; (3) changes jurisdiction or rights over rivers, streams, or groundwater or interferes with river transportation; (4) changes rights concerning water or water-related rights; (5) changes or conflicts with an interstate compact made before November 17, 1986; (6) changes Bonneville Power Administration's ability to operate, maintain, or modify existing transmission facilities; (7) changes specified Indian trust or tribal-benefit lands; (8) changes hunting and fishing laws, rules, regulations, or treaties; (9) requires changes to a National Forest Management Act forest plan; or (10) creates protective perimeters or buffer zones around the scenic or special areas. Seeing or hearing an inconsistent activity from those areas alone does not bar it at their boundaries. (b) Except for offsite disposal of excavation material, these sections do not change the Corps of Engineers' duty to improve Bonneville Dam navigation facilities. (c) Except for timber management in special areas, they do not change nonfederal timber owners' rights and duties under Oregon and Washington forest-practice laws or superseding county rules. (d) Mandatory Commission powers and duties are conditions of Congress's consent to the interstate compact. (e) If the States fail to establish the Commission, the Secretary need not take actions based on its establishment. (f) Listed Secretary actions under sections 544d, 544f, 544g, and 544h are not major federal environmental actions and need no NEPA environmental assessment. Otherwise, these sections do not change the Secretary's NEPA duties.
the actual law source: uscode.house.gov ↗public domain
(a) Effect on rights of Indians, use of water, rivers and streams, interstate compacts, existing transmission facilities, hunting and fishing, forest plans, scenic areas

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),1 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) Improvement of navigation facilities at Bonneville Dam

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) Rights and responsibilities of non-Federal timber land owners

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) Interstate compacts

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) Failure to establish Columbia River Gorge Commission; responsibility of Secretary

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) Actions of Secretary as major Federal actions affecting the environment
(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.

Source credit: (Pub. L. 99–663, § 17, Nov. 17, 1986, 100 Stat. 4300.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-663 · 100 Stat. 4300

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-663 on 1986-11-17.

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