§ 544d. — Scenic area management plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544d]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 544d. Scenic area management plan
(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 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 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.
(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; 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; and
(B) shall not apply to urban areas designated in section
544b(e) of this title.
(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.
(Pub. L. 99-663, Sec. 6, Nov. 17, 1986, 100 Stat. 4279.)
Section Referred to in Other Sections
This section is referred to in sections 544 to 544c, 544e to 544i,
544l to 544p of this title.
