--- kind: "section" citation: "16 U.S.C. § 544e" title: "16" title_heading: "Conservation" number: "544e" heading: "Administration of scenic area" release: "119-102" url: "https://uscodex.org/usc/16/544e" units: - "Chapter 2 — National Forests" - "Subchapter II — Scenic Areas" --- # §544e. Administration of scenic area - (a) **Management of scenic area—** The non-[Federal lands](/usc/16/620e.md?p=2) within the [scenic area](/usc/16/460ffff.md?p=4) shall be administered by the [Commission](/usc/16/410cc–1.md?p=3) in accordance with the [management plan](/usc/16/460mmm–1.md?p=3) and [sections 544 to 544p](/usc/16/544..544p.md) of this title. - (b) **Adoption of scenic area land use ordinances—** - (1) Within sixty days of initial receipt of the [management plan](/usc/16/460mmm–1.md?p=3), each county shall submit to the [Commission](/usc/16/410cc–1.md?p=3) a letter stating that it proposes to adopt a [land use](/usc/16/1453.md?p=10) ordinance consistent with the [management plan](/usc/16/460mmm–1.md?p=3). If any county fails to submit such letter or fails to adopt a [land use](/usc/16/1453.md?p=10) ordinance as provided in this section, the [Commission](/usc/16/410cc–1.md?p=3) shall carry out the requirements of [subsection (c)](#c) of this section. - (2) Within two hundred and seventy days of receipt of the [management plan](/usc/16/460mmm–1.md?p=3), each county shall adopt a [land use](/usc/16/1453.md?p=10) ordinance consistent with the [management plan](/usc/16/460mmm–1.md?p=3), and thereafter may adopt an amendment, revision or variance to a [land use](/usc/16/1453.md?p=10) ordinance at any time. Each county upon adoption of a [land use](/usc/16/1453.md?p=10) ordinance shall promptly submit the ordinance to the [Commission](/usc/16/410cc–1.md?p=3). - (3) **Approval by commission.—** - (A) Within ninety days after receipt of a [land use](/usc/16/1453.md?p=10) ordinance, the [Commission](/usc/16/410cc–1.md?p=3), by majority vote including at least three members from each [State](/usc/16/6456.md?p=2), shall approve the ordinance unless it determines the ordinance is inconsistent with the [management plan](/usc/16/460mmm–1.md?p=3). Should the [Commission](/usc/16/410cc–1.md?p=3) fail to act within ninety days, the ordinance shall be deemed to be approved. - (B) If approval is denied, the [Commission](/usc/16/410cc–1.md?p=3) shall [state](/usc/16/6456.md?p=2) the reasons for finding the ordinance is inconsistent with the [management plan](/usc/16/460mmm–1.md?p=3), and shall submit to the county suggested modifications to the ordinance to make it consistent with the [management plan](/usc/16/460mmm–1.md?p=3). - (C) Each county shall have ninety days after it receives recommendations from the [Commission](/usc/16/410cc–1.md?p=3) to make modifications designed to eliminate the inconsistencies and to resubmit the ordinance to the [Commission](/usc/16/410cc–1.md?p=3) for approval. The [Commission](/usc/16/410cc–1.md?p=3) shall have sixty days to approve or disapprove the resubmitted ordinance. Any resubmitted ordinance shall become effective upon approval. Should the [Commission](/usc/16/410cc–1.md?p=3) disapprove the resubmitted ordinance, it shall promptly resubmit the ordinance for reconsideration. Should the [Commission](/usc/16/410cc–1.md?p=3) 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](/usc/16/410cc–1.md?p=3) shall make and publish a [land use](/usc/16/1453.md?p=10) ordinance setting standard for the use of non-[Federal lands](/usc/16/620e.md?p=2) in such county within the boundaries of the national [scenic area](/usc/16/460ffff.md?p=4), excluding [urban areas](/usc/16/544.md?p=s) identified in [section 544b(e) of this title](/usc/16/544b.md?p=e). The ordinance shall have the object of assuring that the use of such non-[Federal lands](/usc/16/620e.md?p=2) is consistent with the [management plan](/usc/16/460mmm–1.md?p=3). The ordinance may differ amongst the several parcels of land within the boundaries of the [scenic area](/usc/16/460ffff.md?p=4). The ordinance may from time to time be amended by the [Commission](/usc/16/410cc–1.md?p=3). - (2) **Subsequent Compliance.—** In the event the [Commission](/usc/16/410cc–1.md?p=3) has promulgated regulations pursuant to this section, a county may thereafter upon written notice to the [Commission](/usc/16/410cc–1.md?p=3) elect to adopt a [land use](/usc/16/1453.md?p=10) ordinance, in which event it shall comply with the provisions of this section for adoption of a [land use](/usc/16/1453.md?p=10) ordinance. Upon approval of a [land use](/usc/16/1453.md?p=10) ordinance by the [Commission](/usc/16/410cc–1.md?p=3) it shall supersede any regulations for the county developed by the [Commission](/usc/16/410cc–1.md?p=3), subject to valid existing rights. - (d) **Construction of facilities—** The [Secretary](/usc/16/410r–5.md?p=c-1) is hereby authorized to design, construct, operate and maintain such facilities as are included in the [recreation assessment](/usc/16/544.md?p=m). ## Source credit (Pub. L. 99–663, § 7, Nov. 17, 1986, 100 Stat. 4282.)