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16 U.S.C. § 544e — Administration of scenic area
Federal law — U.S. Code and appendices · legal_authorities
**(a) Management of scenic area** The non-Federal lands within the scenic area shall be administered by the Commission in accordance with the management plan and sections 544 to 544p of this title.
**(b) Adoption of scenic area land use ordinances**
(1) Within sixty days of initial receipt of the management plan, each county shall submit to the Commission a letter stating that it proposes to adopt a land use ordinance consistent with the management plan. If any county fails to submit such letter or fails to adopt a land use ordinance as provided in this section, the Commission shall carry out the requirements of subsection (c) of this section.
(2) Within two hundred and seventy days of receipt of the management plan, each county shall adopt a land use ordinance consistent with the management plan, and thereafter may adopt an amendment, revision or variance to a land use ordinance at any time. Each county upon adoption of a land use ordinance shall promptly submit the ordinance to the Commission.
(3) **Approval by commission.—**
(A) Within ninety days after receipt of a land use ordinance, the Commission, by majority vote including at least three members from each State, shall approve the ordinance unless it determines the ordinance is inconsistent with the management plan. Should the Commission fail to act within ninety days, the ordinance shall be deemed to be approved.
(B) If approval is denied, the Commission shall state the reasons for finding the ordinance is inconsistent with the management plan, and shall submit to the county suggested modifications to the ordinance to make it consistent with the management plan.
(C) Each county shall have ninety days after it receives recommendations from the Commission to make modifications designed to eliminate th
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Source file: Laws/federal/codes/united-states-code/title-16/section-544e-administration-of-scenic-area--b59705f01d.md
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Source location: Title 16, Chapter 2, § 544e; chapter-002-national-forests.md
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**(a) Management of scenic area** The non-Federal lands within the scenic area shall be administered by the Commission in accordance with the management plan and sections 544 to 544p of this title.
**(b) Adoption of scenic area land use ordinances**
(1) Within sixty days of initial receipt of the management plan, each county shall submit to the Commission a letter stating that it proposes to adopt a land use ordinance consistent with the management plan. If any county fails to submit such letter or fails to adopt a land use ordinance as provided in this section, the Commission shall carry out the requirements of subsection (c) of this section.
(2) Within two hundred and seventy days of receipt of the management plan, each county shall adopt a land use ordinance consistent with the management plan, and thereafter may adopt an amendment, revision or variance to a land use ordinance at any time. Each county upon adoption of a land use ordinance shall promptly submit the ordinance to the Commission.
(3) **Approval by commission.—**
(A) Within ninety days after receipt of a land use ordinance, the Commission, by majority vote including at least three members from each State, shall approve the ordinance unless it determines the ordinance is inconsistent with the management plan. Should the Commission fail to act within ninety days, the ordinance shall be deemed to be approved.
(B) If approval is denied, the Commission shall state the reasons for finding the ordinance is inconsistent with the management plan, and shall submit to the county suggested modifications to the ordinance to make it consistent with the management plan.
(C) Each county shall have ninety days after it receives recommendations from the Commission to make modifications designed to eliminate the inconsistencies and to resubmit the ordinance to the Commission for approval. The Commission shall have sixty days to approve or disapprove the resubmitted ordinance. Any resubmitted ordinance shall become effective upon approval. Should the Commission disapprove the resubmitted ordinance, it shall promptly resubmit the ordinance for reconsideration. Should the Commission fail to act within sixty days, the ordinance shall be deemed to be approved.
**(c) Commission land use ordinances**
(1) Within ninety days after making a determination that a county has failed to comply with the provisions of this section, the Commission shall make and publish a land use ordinance setting standard for the use of non-Federal lands in such county within the boundaries of the national scenic area, excluding urban areas identified in [section 544b(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b/e&num=0&edition=prelim). The ordinance shall have the object of assuring that the use of such non-Federal lands is consistent with the management plan. The ordinance may differ amongst the several parcels of land within the boundaries of the scenic area. The ordinance may from time to time be amended by the Commission.
(2) **Subsequent Compliance.—** — In the event the Commission has promulgated regulations pursuant to this section, a county may thereafter upon written notice to the Commission elect to adopt a land use ordinance, in which event it shall comply with the provisions of this section for adoption of a land use ordinance. Upon approval of a land use ordinance by the Commission it shall supersede any regulations for the county developed by the Commission, subject to valid existing rights.
**(d) Construction of facilities** The Secretary is hereby authorized to design, construct, operate and maintain such facilities as are included in the recreation assessment.
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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
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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
Page 1024
TITLE 16—CONSERVATION
§ 544e
mines are desirable to facilitate land acquisi-
tions 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 ad-
versely affecting the scenic, cultural, recre-
ation, or natural resources of the scenic area;
(8) require that residential development out-
side urban areas take place without adversely
affecting the scenic, cultural, recreation, and
natural resources of the scenic area; and
(9) require that the exploration, develop-
ment and production of mineral resources, and
the reclamation of lands thereafter, take place
without adversely affecting the scenic, cul-
tural, recreation and natural resources of the
scenic area.
(e) Agency consultation and public involvement
The Secretary and the Commission shall exer-
cise their responsibilities pursuant to sections
544 to 544p of this title in consultation with Fed-
eral, State, and local governments having juris-
diction within the scenic area or expertise per-
taining to its administration and with Indian
tribes. The Secretary and the Commission shall
conduct public hearings and solicit public com-
ment 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 Com-
mission
and
the
appropriate
county
shall
promptly notify the Secretary, the States, local
governments and Indian tribes of all proposed
major development actions and residential de-
velopment in the scenic area.
(f) Concurrence of management plan
(1) Review by Secretary
Upon adoption of the management plan, the
Commission shall p
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 544e
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