(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
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), 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), 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), 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
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
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
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) ofsection
544d of this title; subsections (f), (j), (k), and (l) ofsection
544f of this title; section
544g of this title; and subsections (a) and (b)(2) ofsection
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
544p of this title shall expand, restrict, or otherwise alter the duties of the Secretary under the National Environmental Policy Act.
The National Forest Management Act of 1976, referred to in subsec. (a)(9), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, as amended, which enacted sections
1614 of this title, amended sections
1610 of this title, repealed sections
514 of this title, and enacted provisions set out as notes under sections
1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section
1600 of this title and Tables.
The National Environmental Policy Act, referred to in subsec. (f), probably means the National Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, 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 section
4321 of Title
42 and Tables.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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