---
kind: "section"
citation: "16 U.S.C. § 544d"
title: "16"
title_heading: "Conservation"
number: "544d"
heading: "Scenic area management plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/544d"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter II — Scenic Areas"
---

# §544d. Scenic area management plan

- (a) **Studies—** Within one year after the date the [Commission](/usc/16/544.md?p=c) is established, it shall, in cooperation with the [Secretary](/usc/16/410r–5.md?p=c-1), complete the following studies for use in preparing the [management plan](/usc/16/544.md?p=k):
  - (1) **Resource inventory—** The [Commission](/usc/16/544.md?p=c) 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](/usc/16/539m–1.md?p=1-A) 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](/usc/16/410r–5.md?p=c-1) pursuant to [section 544f of this title](/usc/16/544f.md) for the [special management areas](/usc/16/544.md?p=q).
  - (2) **Economic opportunity study—** The [Commission](/usc/16/544.md?p=c) shall complete a study to identify opportunities to enhance the economies of communities in the [scenic area](/usc/16/544.md?p=o) in a manner consistent with the purposes of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title.
  - (3) **Recreation assessment—** The [Commission](/usc/16/544.md?p=c) shall complete an assessment of recreation resources and opportunities for enhancement of these resources. The [recreation assessment](/usc/16/544.md?p=m) shall—
    - (A) designate the location and specify the construction of an interpretive center or other appropriate facility, to be located in the [State](/usc/16/590q.md?p=a) of Oregon, and of a conference center or other appropriate facility, to be located in the [State](/usc/16/590q.md?p=a) of Washington;
    - (B) identify [areas](/usc/16/539m–1.md?p=1-A) within the [scenic area](/usc/16/544.md?p=o) that are suitable for other public use facilities, including but not limited to educational and interpretive facilities, campsites, picnic [areas](/usc/16/539m–1.md?p=1-A), boat launch facilities and river access [areas](/usc/16/539m–1.md?p=1-A); and
    - (C) subject to the treaty and other rights of [Indian tribes](/usc/16/544.md?p=g), designate [areas](/usc/16/539m–1.md?p=1-A) to provide increased access for recreation purposes to the Columbia River and its tributaries; and
    - (D) incorporate without change the [recreation assessment](/usc/16/544.md?p=m) developed by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to [section 544f of this title](/usc/16/544f.md) for the [special management areas](/usc/16/544.md?p=q);
- (b) **Land use designations—** Within two years after the [Commission](/usc/16/544.md?p=c) is established, it shall develop land use designations for the use of non-[Federal lands](/usc/16/620e.md?p=2) within the [scenic area](/usc/16/544.md?p=o). The land use designations shall—
  - (1) be based on the results of the resource inventory developed pursuant to [subsection (a)(1)](#a-1) of this section, and consistent with the standards established in [subsection (d)](#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](/usc/16/544.md?p=b);
  - (3) designate lands used or suitable for the production of forest products as [forest lands](/usc/16/544.md?p=f);
  - (4) designate lands suitable for the protection and enhancement of [open spaces](/usc/16/544.md?p=l);
  - (5) designate [areas](/usc/16/539m–1.md?p=1-A) in the [scenic area](/usc/16/544.md?p=o) outside [special management areas](/usc/16/544.md?p=q) used or suitable for commercial development: Provided, That such designation shall encourage, but not require, commercial development to [take](/usc/16/3102.md?p=18) place in [urban areas](/usc/16/544.md?p=s) and shall [take](/usc/16/3102.md?p=18) into account the physical characteristics of the [areas](/usc/16/539m–1.md?p=1-A) in question and their geographic proximity to transportation, commercial, and industrial facilities and other amenities;
  - (6) designate [areas](/usc/16/539m–1.md?p=1-A) used or suitable for [residential development](/usc/16/544.md?p=n), [taking](/usc/16/3102.md?p=18) into account the physical characteristics of the [areas](/usc/16/539m–1.md?p=1-A) in question and their geographic proximity to transportation and commercial facilities and other amenities; and
  - (7) incorporate without change the designation of [urban areas](/usc/16/544.md?p=s) established in [section 544b(e) of this title](/usc/16/544b.md?p=e).
- (c) **Adoption of management plan—** Within three years after the date the [Commission](/usc/16/544.md?p=c) is established, it shall adopt a [management plan](/usc/16/544.md?p=k) for the [scenic area](/usc/16/544.md?p=o). The [Commission](/usc/16/544.md?p=c) shall adopt the [management plan](/usc/16/544.md?p=k) by a majority vote of the members appointed, including at least three members from each [State](/usc/16/590q.md?p=a). The [management plan](/usc/16/544.md?p=k) shall—
  - (1) be based on the results of the resource inventory developed pursuant to [subsection (a)(1)](#a-1) of this section;
  - (2) include land use designations developed pursuant to [subsection (b)](#b) of this section;
  - (3) be consistent with the standards established in [subsection (d)](#d) of this section;
  - (4) incorporate without change the management direction for the use of [Federal lands](/usc/16/620e.md?p=2) within and the land use designations for the [special management areas](/usc/16/544.md?p=q) adopted by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to [section 544f of this title](/usc/16/544f.md); and
  - (5) include guidelines for the adoption of land use ordinances for lands within the [scenic area](/usc/16/544.md?p=o). The guidelines—
    - (A) shall incorporate without change the guidelines for the development of special management [area](/usc/16/539m–1.md?p=1-A) land use ordinances developed by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to [section 544f of this title](/usc/16/544f.md); and
    - (B) shall not apply to [urban areas](/usc/16/544.md?p=s) designated in [section 544b(e) of this title](/usc/16/544b.md?p=e).
- (d) **Standards for management plan—** The [management plan](/usc/16/544.md?p=k) and all land use ordinances and [interim guidelines](/usc/16/544.md?p=h) adopted pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title shall include provisions to—
  - (1) protect and enhance [agricultural lands](/usc/16/544.md?p=b) for agricultural uses and to allow, but not require, conversion of [agricultural lands](/usc/16/544.md?p=b) to open space, recreation development or [forest lands](/usc/16/544.md?p=f);
  - (2) protect and enhance [forest lands](/usc/16/544.md?p=f) for forest uses and to allow, but not require, conversion of [forest lands](/usc/16/544.md?p=f) to [agricultural lands](/usc/16/544.md?p=b), recreation development or [open spaces](/usc/16/544.md?p=l);
  - (3) protect and enhance [open spaces](/usc/16/544.md?p=l);
  - (4) protect and enhance public and private recreation resources and educational and interpretive facilities and opportunities, in accordance with the [recreation assessment](/usc/16/544.md?p=m) adopted pursuant to [subsection (a)](#a) of this section;
  - (5) prohibit [major development actions](/usc/16/544.md?p=j) in [special management areas](/usc/16/544.md?p=q), except for partitions or short plats which the [Secretary](/usc/16/410r–5.md?p=c-1) determines are desirable to facilitate land [acquisitions](/usc/16/620e.md?p=1) pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title;
  - (6) prohibit industrial development in the [scenic area](/usc/16/544.md?p=o) outside [urban areas](/usc/16/544.md?p=s);
  - (7) require that commercial development outside [urban areas](/usc/16/544.md?p=s) [take](/usc/16/3102.md?p=18) place without adversely affecting the scenic, cultural, recreation, or natural resources of the [scenic area](/usc/16/544.md?p=o);
  - (8) require that [residential development](/usc/16/544.md?p=n) outside [urban areas](/usc/16/544.md?p=s) [take](/usc/16/3102.md?p=18) place without adversely affecting the scenic, cultural, recreation, and natural resources of the [scenic area](/usc/16/544.md?p=o); and
  - (9) require that the exploration, development and production of mineral resources, and the reclamation of lands thereafter, [take](/usc/16/3102.md?p=18) place without adversely affecting the scenic, cultural, recreation and natural resources of the [scenic area](/usc/16/544.md?p=o).
- (e) **Agency consultation and public involvement—** The [Secretary](/usc/16/410r–5.md?p=c-1) and the [Commission](/usc/16/544.md?p=c) shall exercise their responsibilities pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title in consultation with Federal, [State](/usc/16/590q.md?p=a), and local governments having jurisdiction within the [scenic area](/usc/16/544.md?p=o) or expertise pertaining to its administration and with [Indian tribes](/usc/16/544.md?p=g). The [Secretary](/usc/16/410r–5.md?p=c-1) and the [Commission](/usc/16/544.md?p=c) shall conduct public hearings and solicit public comment prior to final adoption of the [management plan](/usc/16/544.md?p=k) and the [Commission](/usc/16/544.md?p=c) shall conduct public hearings and solicit public comment prior to final adoption of land use ordinances. The [Commission](/usc/16/544.md?p=c) and the appropriate county shall promptly notify the [Secretary](/usc/16/410r–5.md?p=c-1), the [States](/usc/16/544.md?p=r), local governments and [Indian tribes](/usc/16/544.md?p=g) of all proposed [major development actions](/usc/16/544.md?p=j) and [residential development](/usc/16/544.md?p=n) in the [scenic area](/usc/16/544.md?p=o).
- (f) **Concurrence of management plan—**
  - (1) **Review by Secretary—** Upon adoption of the [management plan](/usc/16/544.md?p=k), the [Commission](/usc/16/544.md?p=c) shall promptly submit the plan to the [Secretary](/usc/16/410r–5.md?p=c-1) for review. If the [Secretary](/usc/16/410r–5.md?p=c-1) agrees with the [Commission](/usc/16/544.md?p=c) that the [management plan](/usc/16/544.md?p=k) is consistent with the standards established in this section and the purposes of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) shall concur to that effect. Should the [Secretary](/usc/16/410r–5.md?p=c-1) fail to act on the proposed plan within ninety days, the [Secretary](/usc/16/410r–5.md?p=c-1) shall be deemed to have concurred on the [management plan](/usc/16/544.md?p=k).
  - (2) **Denial of concurrence—** If concurrence is denied, the [Secretary](/usc/16/410r–5.md?p=c-1) shall [state](/usc/16/590q.md?p=a) the reasons for finding the plan is inconsistent with the standards established in this section or the purposes of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title, and shall submit to the [Commission](/usc/16/544.md?p=c) suggested modifications to the [management plan](/usc/16/544.md?p=k) to make it consistent with such standards and the purposes of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title.
  - (3) **Commission reconsideration—** Within one hundred and twenty days after receipt of notification of non-concurrence, the [Commission](/usc/16/544.md?p=c) shall—
    - (A) revise and resubmit the plan to the [Secretary](/usc/16/410r–5.md?p=c-1); or
    - (B) by a vote of two-thirds of its membership, including a majority of the members appointed from each [State](/usc/16/590q.md?p=a), reject the suggested modifications of the [Secretary](/usc/16/410r–5.md?p=c-1) and adopt a [management plan](/usc/16/544.md?p=k) consistent with the provisions of this section and the purposes of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title.
- (g) **Revision of plan—** No sooner than five years after adoption of the [management plan](/usc/16/544.md?p=k), but at least every ten years, the [Commission](/usc/16/544.md?p=c) shall review the [management plan](/usc/16/544.md?p=k) to determine whether it should be revised. The [Commission](/usc/16/544.md?p=c) shall submit any revised [management plan](/usc/16/544.md?p=k) to the [Secretary](/usc/16/410r–5.md?p=c-1) for review and concurrence, in accordance with the provisions of this section for adoption of the [management plan](/usc/16/544.md?p=k).
- (h) **Amendment of plan—** If the [Commission](/usc/16/544.md?p=c) determines at any time that conditions within the [scenic area](/usc/16/544.md?p=o) have significantly changed, it may amend the [management plan](/usc/16/544.md?p=k). The [Commission](/usc/16/544.md?p=c) shall submit amendments to the [management plan](/usc/16/544.md?p=k) to the [Secretary](/usc/16/410r–5.md?p=c-1) for review, in accordance with the provisions of this section for adoption of the [management plan](/usc/16/544.md?p=k).

## Source credit

(Pub. L. 99–663, § 6, Nov. 17, 1986, 100 Stat. 4279.)