16 U.S.C. § 544c — Columbia River Gorge Commission

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— Page 1022 TITLE 16—CONSERVATION § 544d (A) the States of Oregon and Washington shall establish by way of an interstate agree- ment a regional agency known as the Colum- bia River Gorge Commission, and shall incor- porate sections 544 to 544p of this title by spe- cific reference in such agreement. The Com- mission shall carry out its functions and re- sponsibilities in accordance with the provi- sions of the interstate agreement and of sec- tions 544 to 544p of this title and shall not be considered an agency or instrumentality of the United States for the purpose of any Fed- eral law; (B) the States of Oregon and Washington shall provide to the Commission, State agen- cies, and the counties under State law the au- thority to carry out their respective functions and responsibilities in accordance with the provisions of paragraph (1)(A) of this sub- section; and (C) the States of Oregon and Washington shall appoint members of the Commission as provided in clauses (i) through (iii), subject to applicable State law: Provided, That the Gov- ernor of either State may extend the time for appointment of Commission members ninety days to provide more time for the States and counties to make such appointments. Member- ship of the Commission shall be as follows: (i) six members, comprised of one resident from each of the following counties: Hood River, Multnomah, and Wasco Counties, Or- egon, and Clark, Klickitat, and Skamania Counties, Washington, to be appointed by the governing body of each of the respective counties: Provided, That in the event the governing body of a county fails to make such appointment, the Governor of the State in which the county is located shall appoint such member; (ii) three members who reside in the State of Oregon, at least one of whom shall be a resident of the scenic area, to be appointed by the Governor of Oregon; (iii) three members who reside in the State of Washington, at least one of whom shall be a resident of the scenic area, to be appointed by the Governor of Washington; and (iv) one ex officio, nonvoting member who shall be an employee of the Forest Service, to be appointed by the Secretary. (2) The agreement shall take effect and the Commission may exercise its authorities pursu- ant to the agreement upon the appointment of four initial members from each State, subject to applicable State law, and the date of such an agreement shall be the date of establishment of the Commission. Such agreement is hereby con- sented to by the Congress. (3) Either State or any county may fill any va- cancy occurring prior to the expiration of the term of any member originally appointed by that State or county. Each member appointed to the Commission shall serve a term of four years, except that, with respect to members initially appointed pursuant to paragraph (1)(C)(i), each Governor shall designate one member to serve for a term of five years and one to serve for a term of six years, and one member from each State initially appointed pursuant to paragraph (1)(C)(ii) and (iii) shall be designated by the Gov- ernor to serve a term of five years, and one to serve a term of six years. Neither the Governors nor the governing bodies of any of the counties may appoint Federal, State, or local elected or appointed officials to the Commission. (4) A majority of the members of the Commis- sion shall constitute a quorum. The members of the Commission shall select from among them- selves a Chairman by majority vote of the mem- bers appointed from each State. (5) Except for the ex-officio member appointed pursuant to paragraph (1)(C)(iv), the members and officers and employees of the Commission shall not be officers or employees of the United States for any purpose. The Commission shall appoint, fix compensation for, and assign and delegate duties to such officers and employees as the Commission deems necessary to fulfill its functions under sections 544 to 544p of this title. The compensation of Commission members shall be fixed by State law. The compensation of Com- mission members, officers, and employees and the expenses of the Commission shall be paid from funds provided to the Commission by the States. (b) Applicable law For the purposes of providing a uniform sys- tem of laws, which, in addition to sections 544 to 544p of this title, are applicable to the Commis- sion, the Commission shall adopt regulations re- lating to administrative procedure, the making of contracts, conflicts-of-interest, financial dis- closure, open meetings of the Commission, advi- sory committees, and disclosure of information consistent with the more restrictive statutory provisions of either State. Regulations applica- ble to financial disclosure under this subsection shall be applied to members of the Commission without regard to the duration of their service on the Commission or the amount of compensa- tion received for such service. No contract, obli- gation, or other action of the Commission shall be an obligation of the United States or an obli- gation secured by the full faith and credit of the United States. (c) Assistance to Commission Upon the request of the Commission, the Sec- retary and other Federal agencies are author- ized to provide information, personnel, property, and services on a reimbursable basis, and the Secretary is authorized to provide technical as- sistance on a nonreimbursable basis, to the Commission to assist it in carrying out its func- tions and responsibilities pursuant to sections 544 to 544p of this title. (d) Advisory committees The Commission shall establish voluntary technical and citizen advisory committees to as- sist the Commission in carrying out its func- tions and responsibilities pursuant to sections 544 to 544p of this title. (Pub. L. 99–663, § 5, Nov. 17, 1986, 100 Stat. 4277.) § 544d. Scenic area management plan (a) Studies Within one year after the date the Commis- sion is established, it shall, in cooperation with the Secretary, complete the following studies for use in preparing the management plan: