
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
