16 USC 544m - Enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 544m.

Enforcement

(a)

Administrative remedies

(1)

Commission orders

(2)

Appeal to the Commission

(3)

Civil penalties

(b)

Judicial remedies

(1)

Civil actions to enforce sections 544 to 544p of this title

(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)

Citizens suits

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 1

 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)

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 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)

Judicial review

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)

Federal court jurisdiction

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)

State court jurisdiction

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 2

 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.

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

cite as: 16 USC 544m