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

16 U.S.C. § 544c

Columbia River Gorge Commission

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(a) Establishment and membership of Commission(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 consent of Congress is given for an agreement described in sections 544 to 544p of this title pursuant to which, within one year after November 17, 1986—(A) the States of Oregon and Washington shall establish by way of an interstate agreement a regional agency known as the Columbia River Gorge Commission, and shall incorporate sections 544 to 544p of this title by specific reference in such agreement. The Commission shall carry out its functions and responsibilities in accordance with the provisions of the interstate agreement and of sections 544 to 544p of this title and shall not be considered an agency or instrumentality of the United States for the purpose of any Federal law;(B) the States of Oregon and Washington shall provide to the Commission, State agencies, and the counties under State law the authority to carry out their respective functions and responsibilities in accordance with the provisions of paragraph (1)(A) of this subsection; 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 Governor 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. Membership 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, Oregon, 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 pursuant 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 consented to by the Congress.(3) Either State or any county may fill any vacancy 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 Governor 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 Commission shall constitute a quorum. The members of the Commission shall select from among themselves a Chairman by majority vote of the members 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 Commission 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 system of laws, which, in addition to sections 544 to 544p of this title, are applicable to the Commission, the Commission shall adopt regulations relating to administrative procedure, the making of contracts, conflicts-of-interest, financial disclosure, open meetings of the Commission, advisory committees, and disclosure of information consistent with the more restrictive statutory provisions of either State. Regulations applicable 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 compensation received for such service. No contract, obligation, or other action of the Commission shall be an obligation of the United States or an obligation secured by the full faith and credit of the United States.

(c) Assistance to Commission

Upon the request of the Commission, the Secretary and other Federal agencies are authorized to provide information, personnel, property, and services on a reimbursable basis, and the Secretary is authorized to provide technical assistance on a nonreimbursable basis, to the Commission to assist it in carrying out its functions 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 assist the Commission in carrying out its functions and responsibilities pursuant to sections 544 to 544p of this title.

(Pub. L. 99–663, § 5, Nov. 17, 1986, 100 Stat. 4277.)
Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1991–2023 · leading case: Friends of Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 213 P.3d 1164 (Or. 2009).
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Friends of Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 213 P.3d 1164 (Or. 2009). · cites it 4× “16 USC §§ 544c, 544d. The Act itself establishes a framework and a process for developing the contemplated management plan.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 171 P.3d 942 (Or. Ct. App. 2007). · cites it 3× “16 USC § 544c. In laying the groundwork for the development of the management plan, the Act divides the gorge into three kinds of areas.”
Murray v. State of Oregon, 124 P.3d 1261 (Or. Ct. App. 2005). · cites it 2× “16 USC § 544c(a) (2000). It was created by Congress under the Columbia River Gorge Compact (the compact) for the purpose of managing natural resources on both sides of certain portions of the Columbia River.”
Tucker v. Columbia River Gorge Comm'n, 867 P.2d 686 (Wash. Ct. App. 1994). · cites it 3× “2 One central feature of the Act was the creation of the Columbia River Gorge Commission (Commission), 16 U.S.C. § 544c, to manage the lands designated as part of the Columbia River Gorge National Scenic Area (Scenic Area).”
Skamania Cnty. v. Woodall, 16 P.3d 701 (Wash. Ct. App. 2001). “]" 16 U.S.C. § 544c(a)(1)(A). [6] Second, Congress's decision to give state courts almost exclusive jurisdiction over appeals from Commission action suggests Congress intended the Commission to apply state law.”
Skamania Cnty. v. Woodall, 104 Wash. App. 525 (Wash. Ct. App. 2001). “]” 16 U.S.C. § 544c(a)(l)(A). 6 Second, Congress’s decision to give state courts almost exclusive jurisdiction over appeals from Commission action suggests Congress intended the Commission to apply state law.”
Klickitat Cnty. v. Columbia River Gorge Comm'n, 770 F. Supp. 1419 (E.D. Wash. 1991). · cites it 2× “The pertinent provision which the plaintiffs claim requires the Commission to utilize SEPA procedures in developing the draft management plan for the general management areas is found at 16 U.S.C. § 544c(b): “(b) Applicable Law For the purposes of providing a uniform system of…”
Friends v. Columbia River (s055915), 212 P.3d 1243 (Or. 2009). “" 16 U.S.C. § 544c(1); 16 U.S.C. § 545d. 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…”
Friends of the Columbia Gorge, Inc. v. Schafer, 624 F. Supp. 2d 1253 (D. Or. 2008). “16 U.S.C. § 544c(a)(C). Congress also specified that the Commission was to adopt regulations to govern its affairs so that there would be *1262 a uniform system of laws governing the Commission’s actions, in addition to the Scenic Area Act itself.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 179 P.3d 706 (Or. Ct. App. 2008). “16 USC § 544c(a)(l)(A). The Act required the commission to adopt a management plan for the Scenic Area within three years of the Act’s taking effect.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Com'n, 108 P.3d 134 (Wash. Ct. App. 2005). “16 U.S.C. § 544c. The Washington legislature adopted the terms of the Act and the compact as Washington law.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 212 P.3d 1243 (Or. 2009). “” 16 USC § 544c(1); 16 USC § 545d. 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…”
Show all 24 citing cases →
— 16 U.S.C. § 544c(1) — 2 cases
Friends v. Columbia River (s055915), 212 P.3d 1243 (Or. 2009). “" 16 U.S.C. § 544c(1); 16 U.S.C. § 545d. 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…”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 212 P.3d 1243 (Or. 2009). “” 16 USC § 544c(1); 16 USC § 545d. 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…”
— 16 U.S.C. § 544c(a) — 3 cases
Murray v. State of Oregon, 124 P.3d 1261 (Or. Ct. App. 2005). “16 USC § 544c(a) (2000). It was created by Congress under the Columbia River Gorge Compact (the compact) for the purpose of managing natural resources on both sides of certain portions of the Columbia River.”
BNSF Ry. Co. v. Clark Cnty. (W.D. Wash. 2020).
Judith Zimmerly, V. Columbia River Gorge Comm'n (Wash. Ct. App. 2023).
— 16 U.S.C. § 544c(a)(1)(A) — 4 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 213 P.3d 1164 (Or. 2009). “16 USC §§ 544c, 544d. The Act itself establishes a framework and a process for developing the contemplated management plan.”
Skamania Cnty. v. Woodall, 16 P.3d 701 (Wash. Ct. App. 2001). “]" 16 U.S.C. § 544c(a)(1)(A). [6] Second, Congress's decision to give state courts almost exclusive jurisdiction over appeals from Commission action suggests Congress intended the Commission to apply state law.”
Colbert v. Pac. States Marine Fisheries Com'n, 104 P.3d 17 (Wash. Ct. App. 2004).
BNSF Ry. Co. v. Clark Cnty. (W.D. Wash. 2020).
— 16 U.S.C. § 544c(a)(1)(B) — 1 case
BNSF Ry. Co. v. Clark Cnty. (W.D. Wash. 2020).
— 16 U.S.C. § 544c(a)(1)(C) — 2 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 213 P.3d 1164 (Or. 2009). “16 USC §§ 544c, 544d. The Act itself establishes a framework and a process for developing the contemplated management plan.”
BNSF Ry. Co. v. Clark Cnty. (W.D. Wash. 2020).
— 16 U.S.C. § 544c(a)(C) — 1 case
Friends of the Columbia Gorge, Inc. v. Schafer, 624 F. Supp. 2d 1253 (D. Or. 2008). “16 U.S.C. § 544c(a)(C). Congress also specified that the Commission was to adopt regulations to govern its affairs so that there would be *1262 a uniform system of laws governing the Commission’s actions, in addition to the Scenic Area Act itself.”
— 16 U.S.C. § 544c(a)(l)(A) — 7 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 213 P.3d 1164 (Or. 2009). “16 USC §§ 544c, 544d. The Act itself establishes a framework and a process for developing the contemplated management plan.”
Skamania Cnty. v. Woodall, 104 Wash. App. 525 (Wash. Ct. App. 2001). “]” 16 U.S.C. § 544c(a)(l)(A). 6 Second, Congress’s decision to give state courts almost exclusive jurisdiction over appeals from Commission action suggests Congress intended the Commission to apply state law.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 171 P.3d 942 (Or. Ct. App. 2007). “16 USC § 544c. In laying the groundwork for the development of the management plan, the Act divides the gorge into three kinds of areas.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 179 P.3d 706 (Or. Ct. App. 2008). “16 USC § 544c(a)(l)(A). The Act required the commission to adopt a management plan for the Scenic Area within three years of the Act’s taking effect.”
Tucker v. Columbia River Gorge Comm'n, 867 P.2d 686 (Wash. Ct. App. 1994). “2 One central feature of the Act was the creation of the Columbia River Gorge Commission (Commission), 16 U.S.C. § 544c, to manage the lands designated as part of the Columbia River Gorge National Scenic Area (Scenic Area).”
— 16 U.S.C. § 544c(a)(l)(C) — 1 case
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Comm'n, 171 P.3d 942 (Or. Ct. App. 2007). “16 USC § 544c. In laying the groundwork for the development of the management plan, the Act divides the gorge into three kinds of areas.”
— 16 U.S.C. § 544c(b) — 2 cases
Klickitat Cnty. v. Columbia River Gorge Comm'n, 770 F. Supp. 1419 (E.D. Wash. 1991). “The pertinent provision which the plaintiffs claim requires the Commission to utilize SEPA procedures in developing the draft management plan for the general management areas is found at 16 U.S.C. § 544c(b): “(b) Applicable Law For the purposes of providing a uniform system of…”
Tucker v. Columbia River Gorge Comm'n, 867 P.2d 686 (Wash. Ct. App. 1994). “2 One central feature of the Act was the creation of the Columbia River Gorge Commission (Commission), 16 U.S.C. § 544c, to manage the lands designated as part of the Columbia River Gorge National Scenic Area (Scenic Area).”
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