16 U.S.C. § 544e — Administration of scenic area

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 promptly submit the plan to the Secretary for review. If the Secretary agrees with the Commission that the manage- ment plan is consistent with the standards es- tablished in this section and the purposes of sections 544 to 544p of this title, the Secretary shall concur to that effect. Should the Sec- retary 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 incon- sistent with the standards established in this section or the purposes of sections 544 to 544p of this title, and shall submit to the Commis- sion suggested modifications to the manage- ment 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 member- ship, including a majority of the members appointed from each State, reject the sug- gested modifications of the Secretary and adopt a management plan consistent with the provisions of this section and the pur- poses 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 man- agement 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 sig- nificantly changed, it may amend the manage- ment 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. (Pub. L. 99–663, § 6, Nov. 17, 1986, 100 Stat. 4279.) § 544e. Administration of scenic area (a) Management of scenic area The non-Federal lands within the scenic area shall be administered by the Commission in ac- cordance with the management plan and sec- tions 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 Com- mission shall carry out the requirements of sub- section (c) of this section. (2) Within two hundred and seventy days of re- ceipt 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 adop- tion of a land use ordinance shall promptly sub- mit the ordinance to the Commission. (3) APPROVAL BY COMMISSION.—(A) Within nine- ty 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 ordi- nance 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 in- consistent 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 Page 1025 TITLE 16—CONSERVATION § 544f 1 So in original. No par. (2) has been enacted. 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 or- dinance shall become effective upon approval. Should the Commission disapprove the resub- mitted ordinance, it shall promptly resubmit the ordinance for reconsideration. Should the Commission fail to act within sixty days, the or- dinance shall be deemed to be approved. (c) Commission land use ordinances (1) Within ninety days after making a deter- mination that a county has failed to comply with the provisions of this section, the Commis- sion shall make and publish a land use ordi- nance setting standard for the use of non-Fed- eral lands in such county within the boundaries of the national scenic area, excluding urban areas identified in section 544b(e) of this title. The ordinance shall have the object of assuring that the use of such non-Federal lands is con- sistent with the management plan. The ordi- nance may differ amongst the several parcels of land within the boundaries of the scenic area. The ordinance may from time to time be amend- ed by the Commission. (2) SUBSEQUENT COMPLIANCE.—In the event the Commission has promulgated regulations pursu- ant 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 ap- proval of a land use ordinance by the Commis- sion 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. (Pub. L. 99–663, § 7, Nov. 17, 1986, 100 Stat. 4282.) § 544f. Administration of special management areas (a) Administration of Federal lands (1) 1 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, uti- lization 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 cal- culating the allowable sales quantity on the Gif- ford 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 dis- position under all laws pertaining to mineral and geothermal leasing: Provided, That the Sec- retary may allow the exploration, development, or production of sand, gravel, and crushed rock as necessary to construct, maintain, or recon- struct roads in the special management areas. (c) Resource inventory The Secretary shall complete a resource in- ventory for the special management areas con- sistent with the process and substance of the in- ventory prescribed by section 544d(a)(1) of this title. (d) Recreation assessment Within two years after November 17, 1986, the Secretary shall complete an assessment of recre- ation resources in the special management areas and opportunities for enhancement of these re- sources. The recreation assessment shall— (1) identify areas within the special manage- ment areas suitable for designation by the Commission pursuant to section 544d of this title for the construction of an interpretive center or other appropriate facility, to be lo- cated in the State of Oregon, and of a con- ference center or other appropriate facility, to be located in the State of Washington; (2) identify areas within the special manage- ment areas suitable for other public use facili- ties, including but not limited to educational and interpretive facilities, campsites, picnic areas, boat launch facilities, and river access areas; and (3) subject to the treaty or other rights of Indian tribes, identify areas with the special management areas suitable for use to increase access for recreation purposes to the Columbia River and its tributaries. (e) Land use designations Within three years after November 17, 1986, the Secretary shall develop land use designations for the special management areas. The land use designations shall be— (1) based on the resource inventory prepared by the Secretary pursuant to this section; and (2) consistent with the standards established in section 544d of this title. (f) Guidelines for land use ordinances (1) 1 Within three years after November 17, 1986, the Secretary shall, in consultation with the Commission, develop guidelines to assure that non-Federal lands within the special man- agement areas are managed consistent with the standards in section 544d of this title and the purposes of sections 544 to 544p of this title. The Secretary shall promptly transmit the guide- lines to the Commission for inclusion in the management plan. The guidelines shall require that management, utilization, and disposal of timber, and exploration, development, and pro- duction of sand, gravel, and crushed rock for the construction, maintenance, or reconstruction of roads used to manage or harvest forest products on non-Federal lands within the special manage- ment areas take place without adversely affect- ing the scenic, cultural, recreation, and natural resources of the scenic area.