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

# §544m. Enforcement

- (a) **Administrative remedies—**
  - (1) **Commission orders—** The [Commission](/usc/16/544.md?p=c) shall monitor activities of [counties](/usc/16/544.md?p=d) pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title and shall [take](/usc/16/3102.md?p=18) such actions as it determines are necessary to ensure compliance.
  - (2) **Appeal to the Commission—** Any [person](/usc/16/450rr–1.md?p=b) or entity adversely affected by any final action or order of a county relating to the implementation of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title may appeal such action or order to the [Commission](/usc/16/544.md?p=c) by filing with the [Commission](/usc/16/544.md?p=c) 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](/usc/16/450rr–1.md?p=b) or entity who willfully violates the [management plan](/usc/16/544.md?p=k) or any land use ordinance or any implementation measure or any order issued by the [Commission](/usc/16/544.md?p=c) pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title may be assessed a civil penalty by the [Commission](/usc/16/544.md?p=c) not to exceed $10,000 for each [violation](/usc/16/620e.md?p=11). No penalty may be assessed under this subsection unless such [person](/usc/16/450rr–1.md?p=b) or entity is given notice and opportunity for a public hearing with respect to such [violation](/usc/16/620e.md?p=11). The [Commission](/usc/16/544.md?p=c) may compromise, modify, or remit, with or without conditions, any penalty imposed under this subsection, [taking](/usc/16/3102.md?p=18) into consideration the nature and seriousness of the [violation](/usc/16/620e.md?p=11) and the efforts of the violator to remedy the [violation](/usc/16/620e.md?p=11) 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](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title, the Attorney General of the United States may, at the request of the [Secretary](/usc/16/410r–5.md?p=c-1), institute a civil action for an injunction or other appropriate order to prevent any [person](/usc/16/450rr–1.md?p=b) or entity from utilizing lands within the [special management areas](/usc/16/544.md?p=q) in [violation](/usc/16/620e.md?p=11) of the provisions of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title, interim guideline adopted or other action taken by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title.
    - (B) The [Commission](/usc/16/544.md?p=c), or, at the request of the [Commission](/usc/16/544.md?p=c), or the attorney general of Oregon or Washington, may institute a civil action for an injunction or other appropriate order to prevent any [person](/usc/16/450rr–1.md?p=b) or entity from utilizing lands within the [scenic area](/usc/16/544.md?p=o) outside [urban areas](/usc/16/544.md?p=s) in [violation](/usc/16/620e.md?p=11) of the provisions of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title, the [management plan](/usc/16/544.md?p=k), or any land use ordinance or interim guideline adopted or other action taken by the [Commission](/usc/16/544.md?p=c) or any county pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title.
  - (2) **Citizens suits—** Any [person](/usc/16/450rr–1.md?p=b) or entity adversely affected may commence a civil action to compel compliance with sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title—
    - (A) against the [Secretary](/usc/16/410r–5.md?p=c-1), the [Commission](/usc/16/544.md?p=c) or any county where there is alleged a [violation](/usc/16/620e.md?p=11) of the provisions of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title, the [management plan](/usc/16/544.md?p=k) or any land use ordinance or interim guideline adopted or other action taken by the [Secretary](/usc/16/410r–5.md?p=c-1), the [Commission](/usc/16/544.md?p=c), or any county pursuant to or [Commission](/usc/16/544.md?p=c)[^1] under sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title; or
    - (B) against the [Secretary](/usc/16/410r–5.md?p=c-1), the [Commission](/usc/16/544.md?p=c), or any county where there is alleged a failure of the [Secretary](/usc/16/410r–5.md?p=c-1), the [Commission](/usc/16/544.md?p=c) or any county to perform any act or duty under sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title which is not discretionary with the [Secretary](/usc/16/410r–5.md?p=c-1), the [Commission](/usc/16/544.md?p=c) 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](/usc/16/620e.md?p=11) to the [Secretary](/usc/16/410r–5.md?p=c-1), to the [Commission](/usc/16/544.md?p=c), and to the county in which the [violation](/usc/16/620e.md?p=11) 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](/usc/16/544.md?p=k) or any regulations, guidelines, or standards issued or other actions taken by the [Secretary](/usc/16/410r–5.md?p=c-1), the [Commission](/usc/16/544.md?p=c), or any county pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title: Provided, That in any such action any [person](/usc/16/450rr–1.md?p=b) 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](/usc/16/544.md?p=k) with the purposes and standards of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title or with other applicable law prior to the certification or adoption of the [Management Plan](/usc/16/544.md?p=k) pursuant to [section 544d of this title](/usc/16/544d.md); 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](/usc/16/410r–5.md?p=c-1), the [Commission](/usc/16/544.md?p=c), and to the county in which the failure to perform any act or duty pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title is alleged: Provided, That such action may be brought immediately after such notification where the [violation](/usc/16/620e.md?p=11) 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](/usc/16/450rr–1.md?p=b) or entity adversely affected by—
    - (A) any final action or order of a county, the [Commission](/usc/16/544.md?p=c), or the [Secretary](/usc/16/410r–5.md?p=c-1) relating to the implementation of sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title;
    - (B) any land use ordinance or interim guideline adopted pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title;
    - (C) any appeal to the [Commission](/usc/16/544.md?p=c) pursuant to this section;
    - (D) any civil penalty assessed by the [Commission](/usc/16/544.md?p=c) pursuant to [paragraph (a)(3)](#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](/usc/16/544.md?p=c) be modified, terminated, or set aside.
  - (5) **Federal court jurisdiction—** The United States district courts located in the [States](/usc/16/544.md?p=r) of Oregon and Washington shall have jurisdiction over—
    - (A) any criminal penalty imposed pursuant to [section 551 of this title](/usc/16/551.md), or any other applicable law for [violation](/usc/16/620e.md?p=11) of any order, regulation or other action taken by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to sections [544](/usc/16/544.md) to [544p](/usc/16/544p.md) of this title;
    - (B) any civil action brought against the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to this section; or
    - (C) any appeal of any order, regulation, or other action of the [Secretary](/usc/16/410r–5.md?p=c-1) taken pursuant to paragraph (4) of this subsection.
  - (6) **State court jurisdiction—** The [State](/usc/16/590q.md?p=a) courts of the [States](/usc/16/544.md?p=r) of Oregon and Washington shall have jurisdiction—
    - (A) to review any appeals taken to the [Commission](/usc/16/544.md?p=c) pursuant to [subsection (a)(2)](#a-2) of this section;
    - (B) over any civil action brought by the [Commission](/usc/16/544.md?p=c) pursuant to [subsection (b)(1)](#b-1) of this section or against the [Commission](/usc/16/544.md?p=c), a [State](/usc/16/590q.md?p=a), or a county pursuant to [subsection (b)(2)](#b-2) of this section;
    - (C) over any appeal of any order, regulation, or other action of the [Commission](/usc/16/544.md?p=c) or a county taken pursuant to paragraph 4[^2] of this subsection; or
    - (D) any civil penalties assessed by the [Commission](/usc/16/544.md?p=c) pursuant to [subsection (a)(3)](#a-3) of this section.

## Footnotes

[^1]: So in original. The word “Commission” probably should not appear.
[^2]: So in original. Probably should be paragraph “(4)”.

## Source credit

(Pub. L. 99–663, § 15, Nov. 17, 1986, 100 Stat. 4297.)