16 U.S.C. § 544b — Establishment of scenic area

Page 1020 TITLE 16—CONSERVATION § 544a 1 So in original. Probably should be ‘‘Willamette’’. (8) potential and existing recreation re- sources; and (9) Federal and State wild, scenic, and recreation waterways; (m) ‘‘recreation assessment’’ means the recreation assessment adopted pursuant to section 544d of this title; (n) ‘‘residential development’’ means the permitting for siting or construction of any residence or other related major structure; (o) ‘‘scenic area’’ means the Columbia River Gorge National Scenic Area established pursu- ant to section 544b of this title; (p) ‘‘Secretary’’ means the Secretary of Ag- riculture; (q) ‘‘special management areas’’ means areas within the scenic area established pursuant to section 544b of this title; (r) ‘‘States’’ means the States of Oregon and Washington; and (s) ‘‘urban areas’’ means those areas within the scenic area identified as urban areas on the map referred to in section 544b(e) of this title or within the boundaries of an urban area as revised pursuant to section 544b(f) of this title. (Pub. L. 99–663, § 2, Nov. 17, 1986, 100 Stat. 4274.) Editorial Notes REFERENCES IN TEXT Federal Endangered Species Acts, referred to in sub- sec. (l)(3), are classified principally to chapter 35 (§ 1531 et seq.) of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 103–435, §17, Nov. 2, 1994, 108 Stat. 4573, pro- vided that: ‘‘(a) REDESIGNATION.—The Confederated Tribes and Bands of the Yakima Indian Nation shall be known and designated as the ‘Confederated Tribes and Bands of the Yakama Indian Nation’. ‘‘(b) REFERENCES.—Any reference in a law (including any regulation), map, document, paper, or other record of the United States to Confederated Tribes and Bands of the Yakima Indian Nation referred to in subsection (a) shall be deemed to be a reference to the ‘Confed- erated Tribes and Bands of the Yakama Indian Na- tion’.’’ Pub. L. 103–434, title XII, § 1204(g), Oct. 31, 1994, 108 Stat. 4557, as amended by Pub. L. 116–9, title VIII, § 8204(a), Mar. 12, 2019, 133 Stat. 819, provided that: ‘‘(1) REDESIGNATION.—The Confederated Tribes and Bands of the Yakama Indian Nation shall be known and designated as the ‘Confederated Tribes and Bands of the Yakama Nation’. ‘‘(2) REFERENCES.—Any reference in a law, map, regu- lation, document, paper, or other record of the United States to the Confederated Tribes and Bands of the Yakima Indian Nation referred to in subsection (a) shall be deemed to be a reference to the ‘Confederated Tribes and Bands of the Yakama Nation’.’’ SHORT TITLE Pub. L. 99–663, § 1, Nov. 17, 1986, 100 Stat. 4274, pro- vided that: ‘‘This Act [enacting this section and sec- tions 544a to 544p of this title and amending sections 1274 and 1276 of this title] may be referred to as the ‘Co- lumbia River Gorge National Scenic Area Act’.’’ § 544a. Purposes The purposes of sections 544 to 544p of this title are— (1) to establish a national scenic area to pro- tect and provide for the enhancement of the scenic, cultural, recreational, and natural re- sources of the Columbia River Gorge; and (2) to protect and support the economy of the Columbia River Gorge area by encouraging growth to occur in existing urban areas and by allowing future economic development in a manner that is consistent with paragraph (1). (Pub. L. 99–663, § 3, Nov. 17, 1986, 100 Stat. 4276.) § 544b. Establishment of scenic area (a) National scenic area (1) There is hereby established the Columbia River Gorge National Scenic Area. (2) BOUNDARIES.— (A) IN GENERAL.—Except as provided in sub- paragraph (B), the boundaries of the scenic area shall be generally depicted on the map entitled ‘‘Boundary Map, Columbia River Gorge National Scenic Area,’’ numbered NSA–001 sheets 1 and 2, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commis- sion and of the Chief, Forest Service. (B) EXCLUSIONS.—The scenic area shall not include the approximately 29 acres of land owned by the Port of Camas-Washougal in the South 1⁄2 of Section 16, Township 1 North, Range 4 East, and the North 1⁄2 of Section 21, Township 1 North, Range 4 East, Willamete 1 Meridian, Clark County, Washington, that consists of— (i) the approximately 19 acres of Port land acquired from the Corps of Engineers under the Second Supplemental Appropriations Act, 1984 (Public Law 98–396); and (ii) the approximately 10 acres of adjacent Port land to the west of the land described in clause (i). (b) Special management areas (1) The following areas within the boundaries of the scenic area are hereby designated ‘‘Spe- cial Management Areas’’: Gates of the Columbia River Gorge; Wind Mountain; Burdoin Moun- tain; and Rowena. (2) The boundaries of the special management areas designated by paragraph (1)— (A) shall be generally depicted on the map entitled ‘‘Special Management Areas, Colum- bia River Gorge National Scenic Area’’, num- bered SMA–002 sheets 1 through 17, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Serv- ice; and (B) shall include all islands within the boundaries of the scenic area. (3) MODIFICATION OF BOUNDARIES.—The bound- aries of the special management areas are modi- fied as depicted on a map dated September 20, 2000, which shall be on file and available for pub- lic inspection in the office of the Chief of the Forest Service in Washington, District of Co- lumbia, and copies shall be available in the of- fice of the Commission, and the headquarters of the scenic area. Page 1021 TITLE 16—CONSERVATION § 544c (c) Revision of special management area bound- aries The Secretary, in consultation with the Com- mission, may make minor revisions in the boundaries of special management areas after publication of notice to that effect in the Fed- eral Register and submission of notice thereof to the Committee on Energy and Natural Re- sources of the United States Senate and the Committees on Agriculture and Natural Re- sources of the United States House of Represent- atives. Such notice shall be published and sub- mitted at least sixty days before the revision is made. Notice of final action regarding such revi- sion shall also be published in the Federal Reg- ister. (d) Dodson/Warrendale Special Purchase Unit (1) There is hereby established the Dodson/ Warrendale Special Purchase Unit. (2) The boundaries of the Dodson/Warrendale Special Purchase Unit shall be generally de- picted on the map entitled ‘‘Dodson/Warrendale Special Purchase Unit, Columbia River Gorge National Scenic Area’’, numbered SPU–003 sheet 1, and dated September 1986, which shall be on file and available for public inspection in the of- fices of the Commission and of the Chief, Forest Service. (e) Urban areas (1) The following cities and towns are hereby designated as ‘‘Urban Areas’’: Cascade Locks, Hood River, Mosier, and The Dalles, Oregon; and Bingen, Carson, Dallesport, Home Valley, Lyle, North Bonneville, Stevenson, White Salmon, and Wishram, Washington. (2) The boundaries of urban areas shall be gen- erally depicted on the map entitled, ‘‘Urban Areas, Columbia River Gorge National Scenic Area’’, numbered UA–004 sheets 1 through 11, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Serv- ice. The boundaries of urban areas designated in this subsection may be revised pursuant to the provisions of this section. (f) Revision of urban area boundaries (1) Upon application of a county and in con- sultation with the Secretary, the Commission may make minor revisions to the boundaries of any urban area identified in subsection (e) of this section. A majority vote of two-thirds of the members of the Commission, including a majority of the members appointed from each State, shall be required to approve any revision of urban area boundaries. (2) The Commission may revise the boundaries of an urban area only if it finds that— (A) a demonstrable need exists to accommo- date long-range urban population growth re- quirements or economic needs consistent with the management plan; (B) revision of urban area boundaries would be consistent with the standards established in section 544d of this title and the purposes of sections 544 to 544p of this title; (C) revision of urban area boundaries would result in maximum efficiency of land uses within and on the fringe of existing urban areas; and (D) revision of urban area boundaries would not result in the significant reduction of agri- cultural lands, forest lands, or open spaces. (Pub. L. 99–663, § 4, Nov. 17, 1986, 100 Stat. 4276; Pub. L. 103–437, § 6(d)(34), Nov. 2, 1994, 108 Stat. 4585; Pub. L. 105–277, div. A, § 101(e) [title III, § 354(a)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–303; Pub. L. 106–31, title V, § 5004(3), May 21, 1999, 113 Stat. 110; Pub. L. 106–291, title III, § 346(d), Oct. 11, 2000, 114 Stat. 1000.) Editorial Notes REFERENCES IN TEXT The Second Supplemental Appropriations Act, 1984, referred to in subsec. (a)(2)(B)(i), is Pub. L. 98–396, Aug. 22, 1984, 98 Stat. 1369. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2000—Subsec. (b)(2). Pub. L. 106–291, § 346(d)(1), sub- stituted ‘‘by paragraph (1)’’ for ‘‘in this section’’ in in- troductory provisions. Subsec. (b)(3). Pub. L. 106–291, § 346(d)(2), which di- rected amendment of subsec. (b)(2) by adding at the end a par. (3), was executed by adding par. (3) after subsec. (b)(2), to reflect the probable intent of Congress. 1999—Subsec. (a)(2). Pub. L. 106–31 made technical correction to directory language of Pub. L. 105–277. See 1998 Amendment note below. 1998—Subsec. (a)(2). Pub. L. 105–277, as amended by Pub. L. 106–31, inserted par. (2) heading, designated ex- isting provisions as subpar. (A), inserted heading, and substituted ‘‘Except as provided in subparagraph (B), the boundaries’’ for ‘‘The boundaries’’, and added sub- par. (B). 1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committees on Agriculture and’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–31, title V, § 5004(4), May 21, 1999, 113 Stat. 110, provided that: ‘‘The amendments made by para- graphs (1), (2), and (3) of this section [amending this section and section 1374 of this title], shall take effect as if included in Public Law 105–277 on the date of its enactment [Oct. 21, 1998].’’ CONGRESSIONAL INTENT OF 1998 AMENDMENT Pub. L. 105–277, div. A, § 101(e) [title III, § 354(b)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–303, provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion]— ‘‘(1) is intended to achieve the intent of Congress set forth in Public Law 98–396 [see Tables for classi- fication]; and ‘‘(2) is not intended to set a precedent regarding ad- justment or amendment of any boundaries of the Co- lumbia River Gorge National Scenic Area or any other provisions of the Columbia River Gorge Na- tional Scenic Area Act [see Short Title note set out under section 544 of this title].’’ § 544c. Columbia River Gorge Commission (a) Establishment and membership of Commis- sion (1) To achieve the purposes of sections 544 to 544p of this title and to facilitate cooperation among the States of Oregon and Washington, and with the United States of America, the con- sent of Congress is given for an agreement de- scribed in sections 544 to 544p of this title pursu- ant to which, within one year after November 17, 1986—