16 U.S.C. § 544o | Savings provisions

(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)

1 See References in Text note below.

except as provided in section 13(c), authorize the appropriation or use of water by any Federal, State, or local agency, Indian tribe, or any other entity or individual;

(3)

¹ except as provided in section 13(c), 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)

¹ except as provided in section 13(c), 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)

November 17, 1986 alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the States before ;

(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)

October 22, 1976Public Law 94–588 16 U.S.C. 1600 require any revision or amendment of any forest plan adopted pursuant to the National Forest Management Act of 1976 (Act of , , as amended ( 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

section 544c of this titleMandatory 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 .

(e)

Failure to establish Columbia River Gorge Commission; responsibility of Secretary

section 544c of this titleIn the event that the States of Washington and Oregon fail to comply with the provisions of , 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)

section 544d of this titlelsection 544f of this title section 544g of this title section 544h of this title 42 U.S.C. 4332 42 U.S.C. 4321 Actions by the Secretary pursuant to subsections (f), (g), and (h) of ; subsections (f), (j), (k), and () of ; ; and subsections (a) and (b)(2) of shall neither be considered major Federal actions significantly affecting the quality of the environment under section 102 of the National Environmental Policy Act () nor require the preparation of an environmental assessment in accordance with that Act [ 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.

Pub. L. 99–663, § 17Nov. 17, 1986100 Stat. 4300(, , .)

Editorial Notes

References in Text

section 13(c) of Pub. L. 99–663Nov. 17, 1986100 Stat. 4294 section 1274(a) of this titleSection 13(c), referred to in subsec. (a)(2) to (4), is , , , which amended .

Pub. L. 94–588Oct. 22, 197690 Stat. 2949 section 1600 of this titleThe National Forest Management Act of 1976, referred to in subsec. (a)(9), is , , , which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, 581h, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under and Tables.

Pub. L. 91–190Jan. 1, 197083 Stat. 852 section 4321 of Title 42The National Environmental Policy Act, referred to in subsec. (f), probably means the National Environmental Policy Act of 1969, , , , which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.