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-CITE-
16 USC Sec. 482b 01/26/98-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 2 - NATIONAL FORESTS
SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION-HEAD-
Sec. 482b. Mount Hood National Forest; mining rights-STATUTE-
On and after May 11, 1934, mining locations made under the United
States mining laws upon lands within the Mount Hood National Forest
in the State of Oregon shall confer on the locator the right to
occupy and use so much of the surface of the land covered by the
location as may be reasonably necessary to carry on prospecting and
mining, including the taking of mineral deposits and timber
required by or in the mining operations, and no permit shall be
required or charge made for such use or occupancy: Provided,
however, That the cutting and removal of timber, except where
clearing is necessary in connection with mining operations or to
provide space for buildings or structures used in connection with
mining operations, shall be conducted in accordance with the rules
for timber cutting on adjoining national-forest land, and no use of
the surface of the claim or the resources therefrom not reasonably
required for carrying on mining or prospecting shall be allowed
except under the national-forest rules and regulations, nor shall
the locator prevent or obstruct other occupancy of the surface or
use of surface resources under authority of national-forest
regulations, or permits issued thereunder, if such occupancy or use
is not in conflict with mineral development.-SOURCE-
(May 11, 1934, ch. 280, Sec. 1, 48 Stat. 773.)-REFTEXT-
REFERENCES IN TEXT
The United States mining laws, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.-MISC2-
BULL RUN WATERSHED MANAGEMENT UNIT
Pub. L. 95-200, Nov. 23, 1977, 91 Stat. 1425, as amended by Pub.
L. 104-208, div. B, title VI, Sec. 601 to 604, Sept. 30, 1996, 110
Stat. 3009-541; Pub. L. 104-333, div. I, title X, Sec. 1026(a),
Nov. 12, 1996, 110 Stat. 4228, provided that:
''PREAMBLE
''The Congress finds that an area of land in the State of Oregon
known variously as the Bull Run National Forest and the Bull Run
Forest Reserve is presently the source of the sole domestic water
supply for the city of Portland, Oregon (hereinafter called the
'city') and other local governmental units and persons in the
Portland metropolitan area, reserved for the city by a Presidential
proclamation issued in 1892 and furnishing an extremely valuable
resource of pure clear raw potable water, the continued production
of which should be the principal management objective in the area
hereinafter referred to as 'the unit'; that the said area is now
managed under terms of a Federal court decree issued pursuant to
turn of the century law which does not appropriately address
present and future needs and opportunities for the protection,
management, and utilization of the resources contained therein.
''DESIGNATION OF UNIT
''Section 1. There is hereby established, subject to valid
existing rights, a special resources management unit within the
Mount Hood National Forest, State of Oregon, comprising
approximately 95,382 acres as depicted on a map dated April 1977,
and entitled 'Bull Run Watershed Management Unit, Mount Hood
National Forest', which is on file and available for public
inspection in the offices of the Chief, and the Regional Forester -
Pacific Northwest Region, Forest Service, Department of
Agriculture, minor adjustments in the boundaries of which may be
made from time to time by the Secretary of Agriculture (hereinafter
the 'Secretary') after consultation with the city and appropriate
public notice and hearings.
''MANAGEMENT
''Sec. 2. (a) The unit and the renewable resources therein, shall
be administered as a watershed by the Secretary of Agriculture in
accordance with the laws, rules, and regulations applicable to
National Forest System lands except to the extent that any
management plan or practice is found by the Secretary to have a
significant adverse effect on compliance with the water quality
standards referred to in section 2(c) hereof or on the quantity of
the water produced thereon for the use of the city, and other local
government units and persons using such water under agreements with
the city (and the Secretary shall take into consideration the
cumulative effect of individually insignificant degradations), in
which case, and notwithstanding any other provision of law, the
management plan and all relevant leases, permits, contracts,
rights-of-way, or other rights or authorizations issued pursuant
thereto shall forthwith be altered by the Secretary to eliminate
such adverse effect by application of different techniques or
prohibitions of one or more such practices or uses: Provided,
however, That use of such water for the production of energy and
the transmission of such energy through and over the unit are
deemed consistent with the purposes of this Act and the
rights-of-way heretofore granted to Bonneville Power Administration
by the Forest Service through and over the unit are validated and
confirmed and deemed consistent with the purposes of this Act.
''(b) Timber Cutting. -
''(1) In general. - Subject to paragraph (2), the Secretary of
Agriculture shall prohibit the cutting of trees in that part of
the unit consisting of the hydrographic boundary of the Bull Run
River Drainage, including certain lands within the unit and
located below the headworks of the city of Portland, Oregon's
water storage and delivery project, and as depicted in a map
dated July 22, 1996, and entitled 'Bull Run River Drainage'.
''(2) Permitted cutting. -
''(A) In general. - Subject to subparagraph (B), the
Secretary of Agriculture shall prohibit the cutting of trees in
the area described in subparagraph (1).
''(B) Permitted cutting. - Subject to subparagraph (C), the
Secretary may only allow the cutting of trees in the area
described in subparagraph (1) -
''(i) for the protection or enhancement of water quality in
the area described in subparagraph (1); or
''(ii) for the protection, enhancement, or maintenance of
water quantity available from the area described in
subparagraph (1); or
''(iii) for the construction, expansion, protection or
maintenance of municipal water supply facilities; or
''(iv) for the construction, expansion, protection or
maintenance of facilities for the transmission of energy
through and over the unit or previously authorized
hydroelectric facilities or hydroelectric projects associated
with municipal water supply facilities.
''(C) Salvage sales. - The Secretary of Agriculture may not
authorize a salvage sale in the area described in subparagraph
(1).
''(c) The policy set forth in subsection (sic) (a) and (b) shall
be attained through the development, maintenance, and periodic
revision of land management plans in accordance with procedures set
forth in section 5 (6) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (88 Stat. 477, as amended; 16 U.S.C.
1604), through the maintenance of systems for monitoring and
evaluating water quality, and through supporting scientific
research as the Secretary may deem necessary after consultation and
in coordination with the city. In the development and revision of
land management plans for the unit, the Secretary, except as
otherwise provided in section 2(a) hereof, shall provide for public
participation and shall consult and coordinate with appropriate
officials and advisors of the city, and shall consider such data
and research as the city may collect through its own monitoring
systems and scientific efforts, if any. Such plans shall be
prepared by an interdisciplinary team; be embodied in appropriate
written material, including maps and other descriptive documents;
shall contain water quality standards developed by the Secretary
after consultation and in cooperation with the city, which
standards shall be substantially based on and shall reflect a
quality of water not significantly less than the quality reflected
by percentile curves developed from data collected from 1967
through 1975 and, if none, from data collected in the first three
years of record thereafter; and be available to the public at
convenient locations. The initial plan or plans shall be completed
as soon as practicable after the enactment of this Act (Nov. 23,
1977), but not later than September 30, 1979. Current data shall be
compared to historical data at least annually for the purpose of
determining compliance with the standards and the significance of
any deviation therefrom. Deviations occurring from operation,
maintenance, alteration, or construction of water storage, or
electrical generation and transmission facilities, seasonal
fluctuations, variations in climate, and other natural phenomena,
fire, or acts of God, shall not be considered in determining the
historical or current percentile curves.
''(d) The Secretary or his representative shall, upon request,
and at least annually, meet with appropriate officials of the city
for the purpose of reviewing planned management programs and the
impact thereof on the quality and quantity of the water produced on
the unit and assuring that their respective management and
operational activities within the unit are appropriately
coordinated. The Secretary shall negotiate in good faith
cooperative agreements with appropriate officials of the city to
effectuate activity coordination.
''(e) In the event there is disagreement between the city and the
Secretary with respect to the development or revision of the water
quality standards provided for herein, or with respect to the
effect or the significance of such effect of one or more proposed
or existing programs, practices, uses, regulations, or boundary
adjustments (except as otherwise specifically provided for herein),
on the quantity of the water produced on said unit, or on
compliance with the water quality standards referred to in section
2(a) and (b) (now (c)) hereof and, therefore, with respect to the
necessity for an alteration or prohibition of any such program,
practice, use, regulation, or boundary adjustment as required in
section 2(a) hereof, an arbitration board for resolving such
disagreements shall be established. The Secretary and the city
shall, each, forthwith appoint one member to such board and those
two members shall select a third. In the event agreement cannot be
reached on the third member within seven days after the appointment
of the first two, the third member shall be appointed by the
presiding judge of the United States District Court for the
District of Oregon within seven days after being notified of such
disagreement by either of the first two members. All of said
members shall be qualified to make a scientific determination of
the facts. The contentions of the city and the Secretary shall be
submitted to the board in the form of written contentions of fact
together with the evidence and analysis that tends to support the
position being presented. The board shall forthwith consider and
decide, on a scientific basis, the issues in disagreement by
majority vote, taking into consideration the evidence and data
presented by the parties and such other tests and data which the
board by majority vote may require. The decision of such board
shall be in the form of written findings of fact and conclusions
based thereon and shall be final and binding on the parties. The
Secretary and the city shall compensate their designees and share
equally the compensation of the third member, and shall provide
such technical and administrative support as required.
''(f) The Secretary is authorized, after consultation with the
city, to promulgate regulations for controlling entry into the unit
by all persons including but not limited to -
''(1) employees or contractors of the city engaged in the
inspection, maintenance, construction, or improvement of the
city's facilities;
''(2)(i) Federal, State, and local government officers and (ii)
employees thereof acting in an official capacity;
''(3) Federal, State, and local government permittees and
contractors conducting authorized activities;
''(4) members of advisory groups formed pursuant to this Act or
ordinances of the city in the performance of their official
duties:
Provided, That no regulation promulgated pursuant to this
subsection shall prohibit ingress or egress to non-Federal lands or
to authorized occupancies on, or uses of, Federal lands: Provided
further, That the Secretary may independently and directly prohibit
or restrict all entry into the unit during fire or other
emergencies as he may determine.
''EFFECT ON OTHER LAWS
''Sec. 3. (a) Nothing in this Act shall terminate or affect any
lease, permit, contract, patent, right-of-way, or other land use
right or authorization existing on the date of approval of this Act
(Nov. 23, 1977) and otherwise valid except for the provisions of
section 1862 of title 18 of the United States Code.
''(b) Nothing in this Act shall in any way affect any law
governing appropriation or use of, or Federal right to, water on
National Forest System lands; or as expanding or diminishing
Federal, State, or local jurisdiction, responsibility, interests,
or rights in water resources development or control.
''(c) Section 1862 of title 18 of the United States Code is
hereby repealed.
''(d) Except as otherwise provided for herein, this Act shall
take precedence over and supersede all State and local laws dealing
with or affecting the subject matter of this Act.
''(e) Challenge to actions taken by any governmental unit or
official under the provisions of this Act shall not be sustained by
any court except upon a showing or arbitrary, unreasonable,
capricious, or illegal action or an absence of substantial good
faith compliance with the procedural provisions hereof
substantially prejudicing the rights of an interested party.''
(Pub. L. 104-208, Sec. 601-604, and Pub. L. 104-333, Sec.
1026(a), made substantially identical amendments to section 2 of
Pub. L. 95-200. The text of section 2 set out above is based on
amendments by Pub. L. 104-333.)-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 482d of this title.