US Code

Public Law 119-73 (01/23/2026)

16 U.S.C. § 544l

Implementation measures

(a)

Assistance to counties

ProvidedThe Secretary shall provide technical assistance on a nonreimbursable basis to counties for the development of land use ordinances prescribed by sections 544e and 544f of this title: , 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)

Payment of timber receipts

(1)
section 500 of this title Notwithstanding the provisions of , 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—
(A)
not less than 50 per centum shall be expended for the benefit of the public schools of the county which has adopted implementation measures pursuant to sections 544 to 544p of this title; and
(B)
the remainder shall be expended for the benefit of public roads or any public purposes of any county which has adopted implementation measures pursuant to sections 544 to 544p of this title.
(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 ; or
(B)
section 544f of this title 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 .
(c)

Payments to local governments

(1)
section 544n(b) of this titlesection 544g of this titlesection 544f of this title Subject to , in the case of any land or interest therein acquired by the Secretary pursuant to , 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 , 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)

Limitation.—

(A)

In general .—

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)

Continuation of certain payments .—

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)

Federal consistency

oExcept as otherwise provided in subsection (e) or in section 544 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)

Limitations on Federal expenditures affecting the scenic area

(1)
section 544c of this title1
1 So in original. The comma probably should not appear.
section 544d(b) of this title Except as provided in paragraph (3), if the Commission has not been established pursuant to within fifteen months after , 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, determines is inconsistent with any implementation measure pursuant to, the standards established in , 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 ; or
(II)
no legally binding commitment for the expenditure or financial assistance was made before .
(ii)
section 500 of this title30 U.S.C. 18139 Stat. 21840 Stat. 1179 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: ; the Mineral Lands Leasing Act of 1920 [ et seq.]; chapter 69 of title 31 (relating to payments in lieu of taxes for entitlement land); the Act of (), and the Act of ().
(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 . A renewal under similar terms and conditions of a license or permit, or exemption from a license or permit requirement, issued before , 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)
section 544d(b) of this title Any of the following actions or projects, but only if the making available of expenditures or assistance therefor is consistent with the standards in 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)
16 U.S.C. 1451 Projects under chapter 2003 of title 54 and the Coastal Zone Management Act of 1972 ( 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)
42 U.S.C. 51452
2 See References in Text note below.
42 U.S.C. 41032 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 sections 305 and 306 of the Disaster Relief Act of 1974 ( and 5146)  and section 1362 of the National Flood Insurance Act of 1968 ()  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 . 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)

Transfer of public lands

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.

Pub. L. 99–663, § 14100 Stat. 4294Pub. L. 106–291, title III, § 346(e)114 Stat. 1000Pub. L. 113–287, § 5(d)(16)128 Stat. 3265(, , ; , , ; , , .)

Editorial Notes

References in Text

act Feb. 25, 1920, ch. 8541 Stat. 437section 181 of Title 30The Mineral Lands Leasing Act of 1920, referred to in subsec. (e)(2)(A)(ii), is , , 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 and Tables.

act June 9, 1916, ch. 13739 Stat. 218Act of , referred to in subsec. (e)(2)(A)(ii), is , , which is not classified to the Code.

act Feb. 26, 1919, ch. 4740 Stat. 1179Act of , referred to in subsec. (e)(2)(A)(ii), is , , which is not classified to the Code.

Pub. L. 89–454Pub. L. 92–58386 Stat. 1280section 1451 of this titleThe Coastal Zone Management Act of 1972, referred to in subsec. (e)(3)(D)(iii), is title III of as added by , , , 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 and Tables.

Pub. L. 100–707102 Stat. 4689Section 102(b) of Pub. L. 100–707Pub. L. 106–390, title III, § 301114 Stat. 1572Section 105(d) of Pub. L. 100–70742 U.S.C. 514542 U.S.C. 5148The 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 , , . 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 , , . repealed sections 305 and 306 of the Act ( and 5146) and redesignated sections 308 and 309 of the Act ( and 5149), and any references thereto, as sections 305 and 306, respectively. For corresponding provisions to former sections 305 and 306 of the Act, see sections 5170a, 5170b, and 5192 of Title 42, The Public Health and Welfare.

42 U.S.C. 4103Pub. L. 103–325, title V, § 551(a)108 Stat. 2269Section 1362 of the National Flood Insurance Act of 1968 (), referred to in subsec. (e)(3)(D)(v), was repealed by , , .

Pub. L. 93–34488 Stat. 297section 621 of Title 2The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (e)(4), is , , . For complete classification of this Act to the Code, see Short Title note set out under , The Congress, and Tables.

Amendments

Pub. L. 113–28716 U.S.C. 460l16 U.S.C. 4601–42014—Subsec. (e)(3)(D)(iii). , 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 (–4 through 11)”, was executed by making the substitution for “the Land and Water Conservation Fund Act of 1965 ( through 11)”, to reflect the probable intent of Congress.

Pub. L. 106–2912000—Subsec. (c)(3). 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).