§ 544m. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544m]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 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
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 \1\ under sections 544 to 544p of this title; or
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\1\ So in original. The word ``Commission'' probably should not
appear.
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(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; 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, 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 \2\ of this subsection; or
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\2\ So in original. Probably should be paragraph ``(4)''.
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(D) any civil penalties assessed by the Commission pursuant
to subsection (a)(3) of this section.
(Pub. L. 99-663, Sec. 15, Nov. 17, 1986, 100 Stat. 4297.)
Section Referred to in Other Sections
This section is referred to in sections 544 to 544i, 544l, 544n to
544p of this title.
