§ 544e. — Administration of scenic area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544e]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 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 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. 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.
(Pub. L. 99-663, Sec. 7, Nov. 17, 1986, 100 Stat. 4282.)
Section Referred to in Other Sections
This section is referred to in sections 544 to 544d, 544f to 544i,
544l to 544p of this title.
