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16 U.S.C. § 544d — Scenic area management plan
Federal law — U.S. Code and appendices · legal_authorities
**(a) Studies** Within one year after the date the Commission is established, it shall, in cooperation with the Secretary, complete the following studies for use in preparing the management plan:
(1) **Resource inventory** — The Commission shall complete a resource inventory. The resource inventory shall—
(A) document all existing land uses, natural features and limitations, scenic, natural, cultural, archaeological and recreation and economic resources and activities: Provided, That the location of any Indian burial grounds, village sites, and other areas of archaeological or religious significance shall not be made public information and such information shall be used for administrative purposes only; and
(B) incorporate without change the resource inventory developed by the Secretary pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) for the special management areas.
(2) **Economic opportunity study** — The Commission shall complete a study to identify opportunities to enhance the economies of communities in the scenic area in a manner consistent with the purposes of sections 544 to 544p of this title.
(3) **Recreation assessment** — The Commission shall complete an assessment of recreation resources and opportunities for enhancement of these resources. The recreation assessment shall—
(A) designate the location and specify the construction of an interpretive center or other appropriate facility, to be located in the State of Oregon, and of a conference center or other appropriate facility, to be located in the State of Washington;
(B) identify areas within the scenic area that are suitable for other public use facilities, including but not limited to education
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Source file: Laws/federal/codes/united-states-code/title-16/section-544d-scenic-area-management-plan--7fe4ba2cbd.md
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Source location: Title 16, Chapter 2, § 544d; chapter-002-national-forests.md
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**(a) Studies** Within one year after the date the Commission is established, it shall, in cooperation with the Secretary, complete the following studies for use in preparing the management plan:
(1) **Resource inventory** — The Commission shall complete a resource inventory. The resource inventory shall—
(A) document all existing land uses, natural features and limitations, scenic, natural, cultural, archaeological and recreation and economic resources and activities: Provided, That the location of any Indian burial grounds, village sites, and other areas of archaeological or religious significance shall not be made public information and such information shall be used for administrative purposes only; and
(B) incorporate without change the resource inventory developed by the Secretary pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) for the special management areas.
(2) **Economic opportunity study** — The Commission shall complete a study to identify opportunities to enhance the economies of communities in the scenic area in a manner consistent with the purposes of sections 544 to 544p of this title.
(3) **Recreation assessment** — The Commission shall complete an assessment of recreation resources and opportunities for enhancement of these resources. The recreation assessment shall—
(A) designate the location and specify the construction of an interpretive center or other appropriate facility, to be located in the State of Oregon, and of a conference center or other appropriate facility, to be located in the State of Washington;
(B) identify areas within the scenic area that are suitable for other public use facilities, including but not limited to educational and interpretive facilities, campsites, picnic areas, boat launch facilities and river access areas; and
(C) subject to the treaty and other rights of Indian tribes, designate areas to provide increased access for recreation purposes to the Columbia River and its tributaries; and
(D) incorporate without change the recreation assessment developed by the Secretary pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) for the special management areas;
**(b) Land use designations** Within two years after the Commission is established, it shall develop land use designations for the use of non-Federal lands within the scenic area. The land use designations shall—
(1) be based on the results of the resource inventory developed pursuant to subsection (a)(1) of this section, and consistent with the standards established in subsection (d) of this section;
(2) designate those lands used or suitable for the production of crops, fruits or other agricultural products or the sustenance of livestock as agricultural lands;
(3) designate lands used or suitable for the production of forest products as forest lands;
(4) designate lands suitable for the protection and enhancement of open spaces;
(5) designate areas in the scenic area outside special management areas used or suitable for commercial development: Provided, That such designation shall encourage, but not require, commercial development to take place in urban areas and shall take into account the physical characteristics of the areas in question and their geographic proximity to transportation, commercial, and industrial facilities and other amenities;
(6) designate areas used or suitable for residential development, taking into account the physical characteristics of the areas in question and their geographic proximity to transportation and commercial facilities and other amenities; and
(7) incorporate without change the designation of urban areas established in [section 544b(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b/e&num=0&edition=prelim).
**(c) Adoption of management plan** Within three years after the date the Commission is established, it shall adopt a management plan for the scenic area. The Commission shall adopt the management plan by a majority vote of the members appointed, including at least three members from each State. The management plan shall—
(1) be based on the results of the resource inventory developed pursuant to subsection (a)(1) of this section;
(2) include land use designations developed pursuant to subsection (b) of this section;
(3) be consistent with the standards established in subsection (d) of this section;
(4) incorporate without change the management direction for the use of Federal lands within and the land use designations for the special management areas adopted by the Secretary pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim); and
(5) include guidelines for the adoption of land use ordinances for lands within the scenic area. The guidelines—
(A) shall incorporate without change the guidelines for the development of special management area land use ordinances developed by the Secretary pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim); and
(B) shall not apply to urban areas designated in [section 544b(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b/e&num=0&edition=prelim).
**(d) Standards for management plan** The management plan and all land use ordinances and interim guidelines adopted pursuant to sections 544 to 544p of this title shall include provisions to—
(1) protect and enhance agricultural lands for agricultural uses and to allow, but not require, conversion of agricultural lands to open space, recreation development or forest lands;
(2) protect and enhance forest lands for forest uses and to allow, but not require, conversion of forest lands to agricultural lands, recreation development or open spaces;
(3) protect and enhance open spaces;
(4) protect and enhance public and private recreation resources and educational and interpretive facilities and opportunities, in accordance with the recreation assessment adopted pursuant to subsection (a) of this section;
(5) prohibit major development actions in special management areas, except for partitions or short plats which the Secretary determines are desirable to facilitate land acquisitions pursuant to sections 544 to 544p of this title;
(6) prohibit industrial development in the scenic area outside urban areas;
(7) require that commercial development outside urban areas take place without adversely affecting the scenic, cultural, recreation, or natural resources of the scenic area;
(8) require that residential development outside urban areas take place without adversely affecting the scenic, cultural, recreation, and natural resources of the scenic area; and
(9) require that the exploration, development and production of mineral resources, and the reclamation of lands thereafter, take place without adversely affecting the scenic, cultural, recreation and natural resources of the scenic area.
**(e) Agency consultation and public involvement** The Secretary and the Commission shall exercise their responsibilities pursuant to sections 544 to 544p of this title in consultation with Federal, State, and local governments having jurisdiction within the scenic area or expertise pertaining to its administration and with Indian tribes. The Secretary and the Commission shall conduct public hearings and solicit public comment prior to final adoption of the management plan and the Commission shall conduct public hearings and solicit public comment prior to final adoption of land use ordinances. The Commission and the appropriate county shall promptly notify the Secretary, the States, local governments and Indian tribes of all proposed major development actions and residential development in the scenic area.
**(f) Concurrence of management plan**
(1) **Review by Secretary** — Upon adoption of the management plan, the Commission shall promptly submit the plan to the Secretary for review. If the Secretary agrees with the Commission that the management plan is consistent with the standards established in this section and the purposes of sections 544 to 544p of this title, the Secretary shall concur to that effect. Should the Secretary fail to act on the proposed plan within ninety days, the Secretary shall be deemed to have concurred on the management plan.
(2) **Denial of concurrence** — If concurrence is denied, the Secretary shall state the reasons for finding the plan is inconsistent with the standards established in this section or the purposes of sections 544 to 544p of this title, and shall submit to the Commission suggested modifications to the management plan to make it consistent with such standards and the purposes of sections 544 to 544p of this title.
(3) **Commission reconsideration** — Within one hundred and twenty days after receipt of notification of non-concurrence, the Commission shall—
(A) revise and resubmit the plan to the Secretary; or
(B) by a vote of two-thirds of its membership, including a majority of the members appointed from each State, reject the suggested modifications of the Secretary and adopt a management plan consistent with the provisions of this section and the purposes of sections 544 to 544p of this title.
**(g) Revision of plan** No sooner than five years after adoption of the management plan, but at least every ten years, the Commission shall review the management plan to determine whether it should be revised. The Commission shall submit any revised management plan to the Secretary for review and concurrence, in accordance with the provisions of this section for adoption of the management plan.
**(h) Amendment of plan** If the Commission determines at any time that conditions within the scenic area have significantly changed, it may amend the management plan. The Commission shall submit amendments to the management plan to the Secretary for review, in accordance with the provisions of this section for adoption of the management plan.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administration of Federal lands**
(1) 11 So in original. No par. (2) has been enacted. The Secretary shall administer Federal lands within the special management areas in accordance with sections 544 to 544p of this title and other laws, rules and regulations applicable to the national forest system. In addition, the construction of roads and the management, utilization and harvest of timber on Federal lands within the special management areas also shall be subject to Forest Service visual resource management guidelines. The Secretary shall utilize lands acquired through exchange in calculating the allowable sales quantity on the Gifford Pinchot and Mount Hood National Forests.
**(b) Withdrawal of Federal lands** Subject to valid existing rights, all Federal lands located in the special management areas are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws of the United States, and from disposition under all laws pertaining to mineral and geothermal leasing: Provided, That the Secretary may allow the exploration, development, or production of sand, gravel, and crushed rock as necessary to construct, maintain, or reconstruct roads in the special management areas.
**(c) Resource inventory** The Secretary shall complete a resource inventory for the special management areas consistent with the process and substance of the inventory prescribed by [section 544d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d/a/1&num=0&edition=prelim).
**(d) Recreation assessment** Within two years after November 17, 1986, the Secretary shall complete an assessment of recreation resources in the special management areas and opport
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544f
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
As used in sections 544 to 544p of this title, the term—
**(a)** “adversely affect” or “adversely affecting” means, except as used in [section 544m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544m&num=0&edition=prelim), a reasonable likelihood of more than moderate adverse consequences for the scenic, cultural, recreation or natural resources of the scenic area, the determination of which is based on—
(1) the context of a proposed action;
(2) the intensity of a proposed action, including the magnitude and duration of an impact and the likelihood of its occurrence;
(3) the relationship between a proposed action and other similar actions which are individually insignificant but which may have cumulatively significant impacts; and
(4) proven mitigation measures which the proponent of an action will implement as part of the proposal to reduce otherwise significant affects to an insignificant level;
**(b)** “agricultural lands” means lands designated as agricultural lands pursuant to [section 544d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim);
**(c)** “Commission” means the Columbia River Gorge Commission established pursuant to [section 544c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544c&num=0&edition=prelim);
**(d)** “counties” means Hood River, Multnomah, and Wasco Counties, Oregon; and Clark, Klickitat, and Skamania Counties, Washington;
**(e)** “Dodson/Warrendale Special Purchase Unit” means the Dodson/Warrendale Special Purchase Unit established pursuant to [section 544b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b&num=0&edition=prelim);
**(f)*
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National scenic area**
(1) There is hereby established the Columbia River Gorge National Scenic Area.
(2) **Boundaries.—**
(A) *In general.—* — Except as provided in subparagraph (B), the boundaries of the scenic area shall be generally depicted on the map entitled “Boundary Map, Columbia River Gorge National Scenic Area,” numbered NSA–001 sheets 1 and 2, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Service.
(B) *Exclusions.—* — The scenic area shall not include the approximately 29 acres of land owned by the Port of Camas-Washougal in the South ½ of Section 16, Township 1 North, Range 4 East, and the North ½ of Section 21, Township 1 North, Range 4 East, Willamete 11 So in original. Probably should be “Willamette”. Meridian, Clark County, Washington, that consists of—
(i) the approximately 19 acres of Port land acquired from the Corps of Engineers under the Second Supplemental Appropriations Act, 1984 (Public Law 98–396); and
(ii) the approximately 10 acres of adjacent Port land to the west of the land described in clause (i).
**(b) Special management areas**
(1) The following areas within the boundaries of the scenic area are hereby designated “Special Management Areas”: Gates of the Columbia River Gorge; Wind Mountain; Burdoin Mountain; and Rowena.
(2) The boundaries of the special management areas designated by paragraph (1)—
(A) shall be generally depicted on the map entitled “Special Management Areas, Columbia River Gorge National Scenic Area”, numbered SMA–002 sheets 1 through 17, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Service; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Interim guidelines**
(1) 11 So in original. No par. (2) has been enacted. Within one hundred eighty days after November 17, 1986, the Secretary shall develop interim guidelines for the scenic area outside urban areas to identify land use activities which are inconsistent with sections 544 to 544p of this title and to govern the authority to acquire land without the consent of the owner provided by subsection (b) of this section. The Secretary shall promptly notify the public of adoption of the interim guidelines and transmit the guidelines to each county. Guidelines adopted by the Secretary pursuant to this subsection shall remain in effect for each county until the Secretary has developed guidelines for the special management areas pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) and the land use ordinances prescribed by [section 544e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544e&num=0&edition=prelim) are in effect.
**(b) Interim acquisition authority and injunctive relief** Prior to the concurrence by the Secretary of land use ordinances prescribed by [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) and the approval by the Commission of land use ordinances prescribed by [section 544e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544e&num=0&edition=prelim), the following authorities are granted:
(1) The Secretary may acquire by condemnation any land or interest which is being used or threatened to be used in a manner inconsistent with the purposes for which the scenic area was established and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative remedies**
(1) **Commission orders** — The Commission shall monitor activities of counties pursuant to sections 544 to 544p of this title and shall take such actions as it determines are necessary to ensure compliance.
(2) **Appeal to the Commission** — Any person or entity adversely affected by any final action or order of a county relating to the implementation of sections 544 to 544p of this title may appeal such action or order to the Commission by filing with the Commission within thirty days of such action or order, a written petition requesting that such action or order be modified, terminated, or set aside.
(3) **Civil penalties** — Any person or entity who willfully violates the management plan or any land use ordinance or any implementation measure or any order issued by the Commission pursuant to sections 544 to 544p of this title may be assessed a civil penalty by the Commission not to exceed $10,000 for each violation. No penalty may be assessed under this subsection unless such person or entity is given notice and opportunity for a public hearing with respect to such violation. The Commission may compromise, modify, or remit, with or without conditions, any penalty imposed under this subsection, taking into consideration the nature and seriousness of the violation and the efforts of the violator to remedy the violation in a timely manner.
**(b) Judicial remedies**
(1) **Civil actions to enforce sections 544 to 544p of this title**
(A) Except as otherwise limited by sections 544 to 544p of this title, the Attorney General of the United States may, at the request of the Secretary, institute a civil action for an injunction or other appropriate order to prevent any person or entity from utilizing lands within the special managemen
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544m
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authorizations** There are authorized to be appropriated for fiscal years after the fiscal year 1986 such sums as are described below; 11 So in original. The semicolon probably should be a colon.
(1) For the purpose of acquisition of lands, water and interests therein pursuant to sections 544 to 544p of this title: $40,000,000: Provided, That of this amount no more than $10,000,000 shall be available to acquire lands, water, and interests therein pursuant to [section 544h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544h&num=0&edition=prelim). Such amounts are authorized to be appropriated from amounts covered into the Land and Water Conservation Fund notwithstanding any allocation, apportionment, or limitation contained in chapter 2003 of title 54.
(2) For the purpose of providing payments to local governments pursuant to section 544l(c) of this title: $2,000,000.
**(b) Specific authorizations** There are authorized to be appropriated for fiscal years after the fiscal year 1986, effective upon concurrence on the management plan pursuant to [section 544d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim):
(1) For the purpose of construction of an interpretive center to be located in the State of Oregon, and a conference center to be located in the State of Washington: $10,000,000.
(2) For the purpose of construction of recreation facilities pursuant to [section 544e(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544e/d&num=0&edition=prelim): $10,000,000.
(3) For the purpose of preparing a program and restoring and reconstructing the Old Columbia River Scenic Highway, Oregon pursuant to [sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544n
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Federal law — U.S. Code and appendices · legal_authorities
**(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),11 See References in Text note below. 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544o
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Federal law — U.S. Code and appendices · legal_authorities
Page 1022
TITLE 16—CONSERVATION
§ 544d
(A) the States of Oregon and Washington
shall establish by way of an interstate agree-
ment a regional agency known as the Colum-
bia River Gorge Commission, and shall incor-
porate sections 544 to 544p of this title by spe-
cific reference in such agreement. The Com-
mission shall carry out its functions and re-
sponsibilities in accordance with the provi-
sions of the interstate agreement and of sec-
tions 544 to 544p of this title and shall not be
considered an agency or instrumentality of
the United States for the purpose of any Fed-
eral law;
(B) the States of Oregon and Washington
shall provide to the Commission, State agen-
cies, and the counties under State law the au-
thority to carry out their respective functions
and responsibilities in accordance with the
provisions of paragraph (1)(A) of this sub-
section; and
(C) the States of Oregon and Washington
shall appoint members of the Commission as
provided in clauses (i) through (iii), subject to
applicable State law: Provided, That the Gov-
ernor of either State may extend the time for
appointment of Commission members ninety
days to provide more time for the States and
counties to make such appointments. Member-
ship of the Commission shall be as follows:
(i) six members, comprised of one resident
from each of the following counties: Hood
River, Multnomah, and Wasco Counties, Or-
egon, and Clark, Klickitat, and Skamania
Counties, Washington, to be appointed by
the governing body of each of the respective
counties: Provided, That in the event the
governing body of a county fails to make
such appointment, the Governor of the State
in which the county is located shall appoint
such member;
(ii) three members who reside in the State
of Oregon, at leas
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 544d
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.