U.S. Code » Title 16 » Chapter CHAPTER 2— NATIONAL FORESTS › Subchapter SUBCHAPTER II— SCENIC AREAS

16 U.S.C. § 544b

Establishment of scenic area

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(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 subparagraph (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 Commission 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 ½ of Section 16, Township 1 North, Range 4 East, and the North ½ of Section 21, Township 1 North, Range 4 East, Willamete 11 So in original. Probably should be “Willamette”. 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 “Special Management Areas”: Gates of the Columbia River Gorge; Wind Mountain; Burdoin Mountain; 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, Columbia River Gorge National Scenic Area”, numbered 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 Service; and(B) shall include all islands within the boundaries of the scenic area.(3)Modification of boundaries.—The boundaries of the special management areas are modified as depicted on a map dated September 20, 2000, which shall be on file and available for public inspection in the office of the Chief of the Forest Service in Washington, District of Columbia, and copies shall be available in the office of the Commission, and the headquarters of the scenic area.(c) Revision of special management area boundaries

The Secretary, in consultation with the Commission, may make minor revisions in the boundaries of special management areas after publication of notice to that effect in the Federal Register and submission of notice thereof to the Committee on Energy and Natural Resources of the United States Senate and the Committees on Agriculture and Natural Resources of the United States House of Representatives. Such notice shall be published and submitted at least sixty days before the revision is made. Notice of final action regarding such revision shall also be published in the Federal Register.

(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 depicted 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 offices 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 generally 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 Service. 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 consultation 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 accommodate long-range urban population growth requirements 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 agricultural 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 NotesReferences 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), substituted “by paragraph (1)” for “in this section” in introductory provisions.

Subsec. (b)(3). Pub. L. 106–291, § 346(d)(2), which directed 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 existing provisions as subpar. (A), inserted heading, and substituted “Except as provided in subparagraph (B), the boundaries” for “The boundaries”, and added subpar. (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 SubsidiariesEffective Date of 1999 Amendment

Pub. L. 106–31, title V, § 5004(4), May 21, 1999, 113 Stat. 110, provided that: “The amendments made by paragraphs (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 section]—“(1) is intended to achieve the intent of Congress set forth in Public Law 98–396 [see Tables for classification]; and“(2) is not intended to set a precedent regarding adjustment or amendment of any boundaries of the Columbia River Gorge National Scenic Area or any other provisions of the Columbia River Gorge National Scenic Area Act [see Short Title note set out under section 544 of this title].”

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1994–2023 · leading case: Friends of Columbia Gorge, Inc. v. Columbia River Gorge Com'n
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Friends of Columbia Gorge, Inc. v. Columbia River Gorge Com'n (2005) washctapp · cites it 7× “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or · cites it 2× “16 USC §§ 544b(b), (e). Next, the Act directs the commission to carry out various studies and inventories of the features, uses, and resources of all land within the scenic area.”
Friends v. COLUMBIA RIVER (S055915) (2009) or “The Act established a framework within which the management plan was to be developed, implemented, and administered, and divided the scenic area into three kinds of subareas: urban areas, which are not subject to scenic area regulations or the management plan, 16 U.S.C. §…”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2005) washctapp · cites it 6× “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
Murray v. State of Oregon (2005) orctapp “16 USC § 544d(c), (d); 16 USC § 544b. 1 The Act provides that both the commission’s interim guidelines and its management plan protect and preserve agricultural land for agricultural uses.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544b. Next, the Act expressly designates 115,000 acres of “special management areas” (SMAs), deemed to comprise the most sensitive parts of the scenic area.”
Tucker v. Columbia River Gorge Commission (1994) washctapp “16 U.S.C. § 544b. Under the Act, the interim management guidelines required the Commission to "review all proposals for major development actions and new residential development in such county in the scenic area, except urban areas.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “The Act established a framework within which the management plan was to be developed, implemented, and administered, and divided the scenic area into three kinds of subareas: urban areas, which are not subject to scenic area regulations or the management plan, 16 USC § 544b(e);…”
Friends of the Columbia Gorge, Inc. v. Forest Practices Appeals Board (2005) washctapp “16 U.S.C. § 544b. The Scenic Act requires the bi-state Commission (1) to develop land use designations within each subcategory of agriculture, forestry, open space, urban area, and commercial or residential development, 16 U.”
Judith Zimmerly, V. Columbia River Gorge Commission (2023) washctapp “History and Duties of the Commission In 1986, Congress designated the Columbia River Gorge a national scenic area under the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544b(a)(1). The federal Act split the scenic area into urban areas, general management areas,…”
BNSF Railway Company v. Clark County (2020) wawd “150 18 (“Gorge Compact”), covering an area in the vicinity of the Columbia River known as the 19 “Scenic Area,” see 16 U.S.C. § 544b(a). As required by the Constitution’s Compact 20 Clause, U.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2012) orctapp “The Act designated certain land along the Columbia River as the Columbia River Gorge National Scenic Area (the scenic area), 16 USC § 544b, and authorized Oregon and Washington to enter into an interstate compact to form a regional agency — the commission —which, in tandem with…”
Show all 13 citing cases →
— 16 U.S.C. § 544b(a) — 1 case
BNSF Railway Company v. Clark County (2020) wawd “150 18 (“Gorge Compact”), covering an area in the vicinity of the Columbia River known as the 19 “Scenic Area,” see 16 U.S.C. § 544b(a). As required by the Constitution’s Compact 20 Clause, U.”
— 16 U.S.C. § 544b(a)(1) — 1 case
Judith Zimmerly, V. Columbia River Gorge Commission (2023) washctapp “History and Duties of the Commission In 1986, Congress designated the Columbia River Gorge a national scenic area under the Columbia River Gorge National Scenic Area Act, 16 U.S.C. § 544b(a)(1). The federal Act split the scenic area into urban areas, general management areas,…”
— 16 U.S.C. § 544b(a)(2)(A) — 2 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Com'n (2005) washctapp “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2005) washctapp “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
— 16 U.S.C. § 544b(b) — 1 case
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC §§ 544b(b), (e). Next, the Act directs the commission to carry out various studies and inventories of the features, uses, and resources of all land within the scenic area.”
— 16 U.S.C. § 544b(e) — 5 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC §§ 544b(b), (e). Next, the Act directs the commission to carry out various studies and inventories of the features, uses, and resources of all land within the scenic area.”
Friends v. COLUMBIA RIVER (S055915) (2009) or “The Act established a framework within which the management plan was to be developed, implemented, and administered, and divided the scenic area into three kinds of subareas: urban areas, which are not subject to scenic area regulations or the management plan, 16 U.S.C. §…”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Com'n (2005) washctapp “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “The Act established a framework within which the management plan was to be developed, implemented, and administered, and divided the scenic area into three kinds of subareas: urban areas, which are not subject to scenic area regulations or the management plan, 16 USC § 544b(e);…”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2005) washctapp “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
— 16 U.S.C. § 544b(e)(1) — 1 case
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Com'n (2005) washctapp “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
— 16 U.S.C. § 544b(f)(2) — 2 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Com'n (2005) washctapp “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2005) washctapp “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
— 16 U.S.C. § 544b(f)(2)(A) — 2 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Com'n (2005) washctapp “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2005) washctapp “16 U.S.C. § 544b(a)(2)(A). The boundaries of autonomous urban areas are then established and fixed.”
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