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16 U.S.C. § 544m — Enforcement
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
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Source file: Laws/federal/codes/united-states-code/title-16/section-544m-enforcement--95998abdbc.md
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Source location: Title 16, Chapter 2, § 544m; chapter-002-national-forests.md
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**(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 management areas in violation of the provisions of sections 544 to 544p of this title, interim guideline adopted or other action taken by the Secretary pursuant to sections 544 to 544p of this title.
(B) The Commission, or, at the request of the Commission, or the attorney general of Oregon or Washington, may institute a civil action for an injunction or other appropriate order to prevent any person or entity from utilizing lands within the scenic area outside urban areas in violation of the provisions of sections 544 to 544p of this title, the management plan, or any land use ordinance or interim guideline adopted or other action taken by the Commission or any county pursuant to sections 544 to 544p of this title.
(2) **Citizens suits** — Any person or entity adversely affected may commence a civil action to compel compliance with sections 544 to 544p of this title—
(A) against the Secretary, the Commission or any county where there is alleged a violation of the provisions of sections 544 to 544p of this title, the management plan or any land use ordinance or interim guideline adopted or other action taken by the Secretary, the Commission, or any county pursuant to or Commission 11 So in original. The word “Commission” probably should not appear. under sections 544 to 544p of this title; or
(B) against the Secretary, the Commission, or any county where there is alleged a failure of the Secretary, the Commission or any county to perform any act or duty under sections 544 to 544p of this title which is not discretionary with the Secretary, the Commission or any county.
(3) **Limitation on bringing of citizens suits** — No action may be commenced—
(A) under paragraph (2)(A) of this subsection—
(i) prior to sixty days after the plaintiff has given notice in writing of the alleged violation to the Secretary, to the Commission, and to the county in which the violation is alleged to have occurred; or
(ii) if the Attorney General of the United States, or the attorney general of Oregon or Washington, has commenced and is diligently prosecuting a civil action on the same matter pursuant to paragraph (1) of this subsection to require compliance with the management plan or any regulations, guidelines, or standards issued or other actions taken by the Secretary, the Commission, or any county pursuant to sections 544 to 544p of this title: Provided, That in any such action any person or entity otherwise entitled to bring an action pursuant to paragraph (2) of this subsection may intervene as a matter of right; or
(iii) which challenges the consistency of the draft management plan with the purposes and standards of sections 544 to 544p of this title or with other applicable law prior to the certification or adoption of 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); or
(B) under paragraph (2)(B) of this subsection prior to sixty days after the plaintiff has given notice in writing of such action to the Secretary, the Commission, and to the county in which the failure to perform any act or duty pursuant to sections 544 to 544p of this title is alleged: Provided, That such action may be brought immediately after such notification where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.
(4) **Judicial review** — Any person or entity adversely affected by—
(A) any final action or order of a county, the Commission, or the Secretary relating to the implementation of sections 544 to 544p of this title;
(B) any land use ordinance or interim guideline adopted pursuant to sections 544 to 544p of this title;
(C) any appeal to the Commission pursuant to this section;
(D) any civil penalty assessed by the Commission pursuant to paragraph (a)(3) of this subsection may appeal such action or order by filing in any of the courts specified in paragraph (5) of this subsection, within sixty days after the date of service of such order or within sixty days after such action is taken, a written petition requesting such action, order, land use ordinance, interim guideline, or appeal taken to the Commission be modified, terminated, or set aside.
(5) **Federal court jurisdiction** — The United States district courts located in the States of Oregon and Washington shall have jurisdiction over—
(A) any criminal penalty imposed pursuant to [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section551&num=0&edition=prelim), or any other applicable law for violation of any order, regulation or other action taken by the Secretary pursuant to sections 544 to 544p of this title;
(B) any civil action brought against the Secretary pursuant to this section; or
(C) any appeal of any order, regulation, or other action of the Secretary taken pursuant to paragraph (4) of this subsection.
(6) **State court jurisdiction** — The State courts of the States of Oregon and Washington shall have jurisdiction—
(A) to review any appeals taken to the Commission pursuant to subsection (a)(2) of this section;
(B) over any civil action brought by the Commission pursuant to subsection (b)(1) of this section or against the Commission, a State, or a county pursuant to subsection (b)(2) of this section;
(C) over any appeal of any order, regulation, or other action of the Commission or a county taken pursuant to paragraph 4 22 So in original. Probably should be paragraph “(4)”. of this subsection; or
(D) any civil penalties assessed by the Commission pursuant to subsection (a)(3) of this section.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544d
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture shall make provisions for the protection against destruction by fire and depredations upon the public forests and national forests which may have been set aside or which may be hereafter set aside under the provisions of section 471 11 See References in Text note below. of this title, and which may be continued; and he may make such rules and regulations and establish such service as will insure the objects of such reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any violation of the provisions of this section, sections 473 to 478 and 479 to 482 of this title or such rules and regulations shall be punished by a fine of not more than $500 or imprisonment for not more than six months, or both. Any person charged with the violation of such rules and regulations may be tried and sentenced by any United States magistrate judge specially designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401(b) to (e) of title 18.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 551
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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
Page 1035
TITLE 16—CONSERVATION
§ 544m
1 So in original. The word ‘‘Commission’’ probably should not
appear.
stituting ‘‘chapter 2003 of title 54’’ for ‘‘the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4
through 11)’’, was executed by making the substitution
for ‘‘the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 4601–4 through 11)’’, to reflect the probable in-
tent of Congress.
2000—Subsec. (c)(3). Pub. L. 106–291 inserted par. head-
ing, designated existing provisions as subpar. (A), in-
serted subpar. heading, substituted ‘‘Except as provided
in subparagraph (B), no payment’’ for ‘‘No payment’’,
substituted ‘‘eighth full fiscal year’’ for ‘‘fifth full fis-
cal year’’, and added subpar. (B).
§ 544m. Enforcement
(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 de-
termines 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 Commis-
sion 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 ordi-
nance or any implementation measure or any
order issued by the Commission pursuant to
sections 544 to 544p of this title may be as-
sessed a civil penalty by the Commission not
to exceed $10,000 for each violation. No penalty
may be assessed under this subsection unless
such pe
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 544m
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.