Title 16 — ConservationRelease 119-73

§544m Enforcement

Title 16 › Chapter CHAPTER 2— - NATIONAL FORESTS › Subchapter SUBCHAPTER II— - SCENIC AREAS › § 544m

Last updated Apr 6, 2026|Official source

Summary

The Commission must watch how counties follow the rules in sections 544 to 544p and must act to make sure they follow them. If someone is hurt by a county’s final action about those rules, they can ask the Commission to change or cancel that action by filing a written request within 30 days. If a person or group willfully breaks the plan, a land-use rule, an implementation step, or a Commission order, the Commission can fine them up to $10,000 for each violation, but only after giving notice and a public hearing. The Commission can reduce or cancel a fine, and can consider how serious the violation was and whether the violator fixed the problem quickly. The Attorney General of the United States can sue, when the Secretary asks, to stop illegal use of lands in special management areas. The Commission, or the Oregon or Washington attorney general at the Commission’s request, can sue to stop illegal use of scenic areas outside cities. Anyone harmed can sue to force compliance by the Secretary, the Commission, or a county, but usually must give 60 days’ written notice to the Secretary, the Commission, and the county first. If a federal or state attorney general is already suing the same matter, people must wait or may join. Some immediate suits are allowed for imminent threats. Appeals or challenges must be filed within 60 days in the courts named by the law. U.S. district courts in Oregon and Washington handle cases against the Secretary and related criminal matters. State courts in Oregon and Washington handle appeals to the Commission, suits by or against the Commission or counties, and Commission fines.

Full Legal Text

Title 16, §544m

Conservation — Source: USLM XML via OLRC

(a)(1)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)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)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)(1)(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)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 11 So in original. The word “Commission” probably should not appear. under sections 544 to 544p of this title; or

(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)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)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)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)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 22 So in original. Probably should be paragraph “(4)”. of this subsection; or

(D)any civil penalties assessed by the Commission pursuant to subsection (a)(3) of this section.

Reference

Citations & Metadata

Citation

16 U.S.C. § 544m

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73