16 U.S.C. § 544d

Scenic area management plan

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 16 CasesGoogle Scholar
(a) StudiesWithin one year after the date the Commission is established, it shall, in cooperation with the Secretary, complete the following studies for use in preparing the management plan:(1) Resource inventoryThe Commission shall complete a resource inventory. The resource inventory shall—(A) document all existing land uses, natural features and limitations, scenic, natural, cultural, archaeological and recreation and economic resources and activities: Provided, That the location of any Indian burial grounds, village sites, and other areas of archaeological or religious significance shall not be made public information and such information shall be used for administrative purposes only; and(B) incorporate without change the resource inventory developed by the Secretary pursuant to section 544f of this title for the special management areas.(2) Economic opportunity study

The Commission shall complete a study to identify opportunities to enhance the economies of communities in the scenic area in a manner consistent with the purposes of sections 544 to 544p of this title.

(3) Recreation assessmentThe Commission shall complete an assessment of recreation resources and opportunities for enhancement of these resources. The recreation assessment shall—(A) designate the location and specify the construction of an interpretive center or other appropriate facility, to be located in the State of Oregon, and of a conference center or other appropriate facility, to be located in the State of Washington;(B) identify areas within the scenic area that are suitable for other public use facilities, including but not limited to educational and interpretive facilities, campsites, picnic areas, boat launch facilities and river access areas; and(C) subject to the treaty and other rights of Indian tribes, designate areas to provide increased access for recreation purposes to the Columbia River and its tributaries; and(D) incorporate without change the recreation assessment developed by the Secretary pursuant to section 544f of this title for the special management areas;
(b) Land use designationsWithin two years after the Commission is established, it shall develop land use designations for the use of non-Federal lands within the scenic area. The land use designations shall—(1) be based on the results of the resource inventory developed pursuant to subsection (a)(1) of this section, and consistent with the standards established in subsection (d) of this section;(2) designate those lands used or suitable for the production of crops, fruits or other agricultural products or the sustenance of livestock as agricultural lands;(3) designate lands used or suitable for the production of forest products as forest lands;(4) designate lands suitable for the protection and enhancement of open spaces;(5) designate areas in the scenic area outside special management areas used or suitable for commercial development: Provided, That such designation shall encourage, but not require, commercial development to take place in urban areas and shall take into account the physical characteristics of the areas in question and their geographic proximity to transportation, commercial, and industrial facilities and other amenities;(6) designate areas used or suitable for residential development, taking into account the physical characteristics of the areas in question and their geographic proximity to transportation and commercial facilities and other amenities; and(7) incorporate without change the designation of urban areas established in section 544b(e) of this title.(c) Adoption of management planWithin three years after the date the Commission is established, it shall adopt a management plan for the scenic area. The Commission shall adopt the management plan by a majority vote of the members appointed, including at least three members from each State. The management plan shall—(1) be based on the results of the resource inventory developed pursuant to subsection (a)(1) of this section;(2) include land use designations developed pursuant to subsection (b) of this section;(3) be consistent with the standards established in subsection (d) of this section;(4) incorporate without change the management direction for the use of Federal lands within and the land use designations for the special management areas adopted by the Secretary pursuant to section 544f of this title; and(5) include guidelines for the adoption of land use ordinances for lands within the scenic area. The guidelines—(A) shall incorporate without change the guidelines for the development of special management area land use ordinances developed by the Secretary pursuant to section 544f of this title; and(B) shall not apply to urban areas designated in section 544b(e) of this title.(d) Standards for management planThe management plan and all land use ordinances and interim guidelines adopted pursuant to sections 544 to 544p of this title shall include provisions to—(1) protect and enhance agricultural lands for agricultural uses and to allow, but not require, conversion of agricultural lands to open space, recreation development or forest lands;(2) protect and enhance forest lands for forest uses and to allow, but not require, conversion of forest lands to agricultural lands, recreation development or open spaces;(3) protect and enhance open spaces;(4) protect and enhance public and private recreation resources and educational and interpretive facilities and opportunities, in accordance with the recreation assessment adopted pursuant to subsection (a) of this section;(5) prohibit major development actions in special management areas, except for partitions or short plats which the Secretary determines are desirable to facilitate land acquisitions pursuant to sections 544 to 544p of this title;(6) prohibit industrial development in the scenic area outside urban areas;(7) require that commercial development outside urban areas take place without adversely affecting the scenic, cultural, recreation, or natural resources of the scenic area;(8) require that residential development outside urban areas take place without adversely affecting the scenic, cultural, recreation, and natural resources of the scenic area; and(9) require that the exploration, development and production of mineral resources, and the reclamation of lands thereafter, take place without adversely affecting the scenic, cultural, recreation and natural resources of the scenic area.(e) Agency consultation and public involvement

The Secretary and the Commission shall exercise their responsibilities pursuant to sections 544 to 544p of this title in consultation with Federal, State, and local governments having jurisdiction within the scenic area or expertise pertaining to its administration and with Indian tribes. The Secretary and the Commission shall conduct public hearings and solicit public comment prior to final adoption of the management plan and the Commission shall conduct public hearings and solicit public comment prior to final adoption of land use ordinances. The Commission and the appropriate county shall promptly notify the Secretary, the States, local governments and Indian tribes of all proposed major development actions and residential development in the scenic area.

(f) Concurrence of management plan(1) Review by Secretary

Upon adoption of the management plan, the Commission shall promptly submit the plan to the Secretary for review. If the Secretary agrees with the Commission that the management plan is consistent with the standards established in this section and the purposes of sections 544 to 544p of this title, the Secretary shall concur to that effect. Should the Secretary fail to act on the proposed plan within ninety days, the Secretary shall be deemed to have concurred on the management plan.

(2) Denial of concurrence

If concurrence is denied, the Secretary shall state the reasons for finding the plan is inconsistent with the standards established in this section or the purposes of sections 544 to 544p of this title, and shall submit to the Commission suggested modifications to the management plan to make it consistent with such standards and the purposes of sections 544 to 544p of this title.

(3) Commission reconsiderationWithin one hundred and twenty days after receipt of notification of non-concurrence, the Commission shall—(A) revise and resubmit the plan to the Secretary; or(B) by a vote of two-thirds of its membership, including a majority of the members appointed from each State, reject the suggested modifications of the Secretary and adopt a management plan consistent with the provisions of this section and the purposes of sections 544 to 544p of this title.
(g) Revision of plan

No sooner than five years after adoption of the management plan, but at least every ten years, the Commission shall review the management plan to determine whether it should be revised. The Commission shall submit any revised management plan to the Secretary for review and concurrence, in accordance with the provisions of this section for adoption of the management plan.

(h) Amendment of plan

If the Commission determines at any time that conditions within the scenic area have significantly changed, it may amend the management plan. The Commission shall submit amendments to the management plan to the Secretary for review, in accordance with the provisions of this section for adoption of the management plan.

(Pub. L. 99–663, § 6, Nov. 17, 1986, 100 Stat. 4279.)
Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1992–2023 · leading case: Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or · cites it 32× “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp · cites it 29× “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp · cites it 10× “” Petitioners cite two provisions as authority for that description of the Act’s requirements: 16 USC § 544a(2) and 16 USC § 544d(b)(5). The problem is that neither section says what petitioners assert.”
Friends of the Columbia Gorge, Inc. v. Schafer (2008) ord · cites it 5× “Media Release (July 2, 2008) at 1-5. Review of actions taken regarding the special management areas is therefore not available in the Oregon courts and would be completely unavailable if this court did not have jurisdiction.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or · cites it 7× “16 USC § 544d. As authorized by the Act, Oregon and Washington established the Columbia River Gorge Commission, and, in 1991, the commission adopted a management plan for the Columbia River Gorge.”
Murray v. State of Oregon (2005) orctapp · cites it 4× “16 USC § 544d(b). It also requires the commission to develop a management plan and to operate under interim guidelines until a management plan is finalized.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2010) orctapp · cites it 7× “(quoting 16 USC § 544d(d)(6)). 12 Here, the commission concluded that our decision in Friends A125031 was a legal change “not anticipated in the Management Plan,” OAR 350-050-0030(l)(c), because it prohibits expansion of the industrial use at the Broughton site, thereby…”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp · cites it 3× “]” 16 USC § 544d(b)(5). The management plan must also include a provision to “require that commercial development outside urban areas take place without adversely affecting the scenic, cultural, recreation, or natural resources of the scenic area.”
Friends v. COLUMBIA RIVER (S055915) (2009) or · cites it 2× “" 16 U.S.C. § 544d (h). Under that grant of authority, the commission also has amended the management plan a number of times, and, as will be discussed in detail below, this case concerns certain amendments to the management plan dealing with cultural resources.”
SKAMANIA CTY. v. Columbia River Gorge Com'n (2001) wash “16 U.S.C. § 544d(d)(8). The Management Plan adopted by Skamania County and approved by the Gorge Commission requires new construction in the Scenic Area to be "`visually subordinate to its setting as seen from key viewing areas.”
Skamania County v. Columbia River Gorge Commission (2001) wash “16 U.S.C. § 544d(d)(8). The Management Plan adopted by Skamania County and approved by the Gorge Commission requires new construction in the Scenic Area to be “ ‘visually subordinate to its setting as seen from key viewing areas.”
W. Birkenfeld Trust v. Bailey (1993) waed · cites it 5× “16 U.S.C. § 544d. The plan *655 is then forwarded to the six counties which must adopt land use ordinances consistent with the plan for non-federal lands in both GMAs and SMAs.”
— 16 U.S.C. § 544d(7) — 1 case
— 16 U.S.C. § 544d(a) — 6 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
— 16 U.S.C. § 544d(a)(1) — 1 case
W. Birkenfeld Trust v. Bailey (1993) waed “16 U.S.C. § 544d. The plan *655 is then forwarded to the six counties which must adopt land use ordinances consistent with the plan for non-federal lands in both GMAs and SMAs.”
— 16 U.S.C. § 544d(a)(1)(A) — 1 case
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
— 16 U.S.C. § 544d(a)(2) — 1 case
W. Birkenfeld Trust v. Bailey (1993) waed “16 U.S.C. § 544d. The plan *655 is then forwarded to the six counties which must adopt land use ordinances consistent with the plan for non-federal lands in both GMAs and SMAs.”
— 16 U.S.C. § 544d(a)(3) — 1 case
W. Birkenfeld Trust v. Bailey (1993) waed “16 U.S.C. § 544d. The plan *655 is then forwarded to the six counties which must adopt land use ordinances consistent with the plan for non-federal lands in both GMAs and SMAs.”
— 16 U.S.C. § 544d(a)(l)(A) — 1 case
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
— 16 U.S.C. § 544d(b) — 5 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Murray v. State of Oregon (2005) orctapp “16 USC § 544d(b). It also requires the commission to develop a management plan and to operate under interim guidelines until a management plan is finalized.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
— 16 U.S.C. § 544d(b)(1) — 1 case
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
— 16 U.S.C. § 544d(b)(2) — 1 case
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
— 16 U.S.C. § 544d(b)(4) — 1 case
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
— 16 U.S.C. § 544d(b)(5) — 5 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d. As authorized by the Act, Oregon and Washington established the Columbia River Gorge Commission, and, in 1991, the commission adopted a management plan for the Columbia River Gorge.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “” Petitioners cite two provisions as authority for that description of the Act’s requirements: 16 USC § 544a(2) and 16 USC § 544d(b)(5). The problem is that neither section says what petitioners assert.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “]” 16 USC § 544d(b)(5). The management plan must also include a provision to “require that commercial development outside urban areas take place without adversely affecting the scenic, cultural, recreation, or natural resources of the scenic area.”
— 16 U.S.C. § 544d(b)(6) — 1 case
— 16 U.S.C. § 544d(b)(l) — 1 case
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
— 16 U.S.C. § 544d(c) — 9 cases
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Murray v. State of Oregon (2005) orctapp “16 USC § 544d(b). It also requires the commission to develop a management plan and to operate under interim guidelines until a management plan is finalized.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “]” 16 USC § 544d(b)(5). The management plan must also include a provision to “require that commercial development outside urban areas take place without adversely affecting the scenic, cultural, recreation, or natural resources of the scenic area.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “” Petitioners cite two provisions as authority for that description of the Act’s requirements: 16 USC § 544a(2) and 16 USC § 544d(b)(5). The problem is that neither section says what petitioners assert.”
— 16 U.S.C. § 544d(c)(1) — 2 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
— 16 U.S.C. § 544d(c)(4) — 5 cases
Friends of the Columbia Gorge, Inc. v. Schafer (2008) ord “Media Release (July 2, 2008) at 1-5. Review of actions taken regarding the special management areas is therefore not available in the Oregon courts and would be completely unavailable if this court did not have jurisdiction.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
— 16 U.S.C. § 544d(c)(l) — 1 case
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
— 16 U.S.C. § 544d(d) — 8 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “” Petitioners cite two provisions as authority for that description of the Act’s requirements: 16 USC § 544a(2) and 16 USC § 544d(b)(5). The problem is that neither section says what petitioners assert.”
— 16 U.S.C. § 544d(d)(2) — 2 cases
— 16 U.S.C. § 544d(d)(3) — 2 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
— 16 U.S.C. § 544d(d)(5) — 1 case
Friends of the Columbia Gorge, Inc. v. Schafer (2008) ord “Media Release (July 2, 2008) at 1-5. Review of actions taken regarding the special management areas is therefore not available in the Oregon courts and would be completely unavailable if this court did not have jurisdiction.”
— 16 U.S.C. § 544d(d)(6) — 4 cases
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2010) orctapp “(quoting 16 USC § 544d(d)(6)). 12 Here, the commission concluded that our decision in Friends A125031 was a legal change “not anticipated in the Management Plan,” OAR 350-050-0030(l)(c), because it prohibits expansion of the industrial use at the Broughton site, thereby…”
— 16 U.S.C. § 544d(d)(7) — 9 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “” Petitioners cite two provisions as authority for that description of the Act’s requirements: 16 USC § 544a(2) and 16 USC § 544d(b)(5). The problem is that neither section says what petitioners assert.”
Friends of the Columbia Gorge, Inc. v. Schafer (2008) ord “Media Release (July 2, 2008) at 1-5. Review of actions taken regarding the special management areas is therefore not available in the Oregon courts and would be completely unavailable if this court did not have jurisdiction.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “]” 16 USC § 544d(b)(5). The management plan must also include a provision to “require that commercial development outside urban areas take place without adversely affecting the scenic, cultural, recreation, or natural resources of the scenic area.”
— 16 U.S.C. § 544d(d)(8) — 3 cases
SKAMANIA CTY. v. Columbia River Gorge Com'n (2001) wash “16 U.S.C. § 544d(d)(8). The Management Plan adopted by Skamania County and approved by the Gorge Commission requires new construction in the Scenic Area to be "`visually subordinate to its setting as seen from key viewing areas.”
Skamania County v. Columbia River Gorge Commission (2001) wash “16 U.S.C. § 544d(d)(8). The Management Plan adopted by Skamania County and approved by the Gorge Commission requires new construction in the Scenic Area to be “ ‘visually subordinate to its setting as seen from key viewing areas.”
Murray v. State of Oregon (2005) orctapp “16 USC § 544d(b). It also requires the commission to develop a management plan and to operate under interim guidelines until a management plan is finalized.”
— 16 U.S.C. § 544d(d)(9) — 1 case
— 16 U.S.C. § 544d(d)(l) — 3 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Murray v. State of Oregon (2005) orctapp “16 USC § 544d(b). It also requires the commission to develop a management plan and to operate under interim guidelines until a management plan is finalized.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
— 16 U.S.C. § 544d(e) — 3 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
Stevenson v. Rominger (1995) waed
— 16 U.S.C. § 544d(f) — 2 cases
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
— 16 U.S.C. § 544d(f)(l) — 1 case
Friends of the Columbia Gorge, Inc. v. Schafer (2008) ord “Media Release (July 2, 2008) at 1-5. Review of actions taken regarding the special management areas is therefore not available in the Oregon courts and would be completely unavailable if this court did not have jurisdiction.”
— 16 U.S.C. § 544d(g) — 10 cases
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2007) orctapp “16 USC § 544d(a). Second, based on the results of those studies, the Act calls for the development of land use designations for the scenic area.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends v. COLUMBIA RIVER (S055915) (2009) or “" 16 U.S.C. § 544d (h). Under that grant of authority, the commission also has amended the management plan a number of times, and, as will be discussed in detail below, this case concerns certain amendments to the management plan dealing with cultural resources.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2010) orctapp “(quoting 16 USC § 544d(d)(6)). 12 Here, the commission concluded that our decision in Friends A125031 was a legal change “not anticipated in the Management Plan,” OAR 350-050-0030(l)(c), because it prohibits expansion of the industrial use at the Broughton site, thereby…”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d. As authorized by the Act, Oregon and Washington established the Columbia River Gorge Commission, and, in 1991, the commission adopted a management plan for the Columbia River Gorge.”
— 16 U.S.C. § 544d(h) — 7 cases
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d(a). It then requires the commission to use the resulting studies and inventories to designate areas within the scenic area that are suitable for specified uses— agriculture, forest production, open space, and commercial and residential development.”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2010) orctapp “(quoting 16 USC § 544d(d)(6)). 12 Here, the commission concluded that our decision in Friends A125031 was a legal change “not anticipated in the Management Plan,” OAR 350-050-0030(l)(c), because it prohibits expansion of the industrial use at the Broughton site, thereby…”
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission (2008) orctapp “” Petitioners cite two provisions as authority for that description of the Act’s requirements: 16 USC § 544a(2) and 16 USC § 544d(b)(5). The problem is that neither section says what petitioners assert.”
Friends of Columbia Gorge, Inc. v. Columbia River Gorge Commission (2009) or “16 USC § 544d. As authorized by the Act, Oregon and Washington established the Columbia River Gorge Commission, and, in 1991, the commission adopted a management plan for the Columbia River Gorge.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.