HOUSE BILL REPORT
2SHB 426
BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Sutherland, Peery, Cole, Unsoeld and Todd; by request of Governor Gardner)
Establishing Columbia River Gorge interstate compact.
House Committe on Environmental Affairs
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (14)
Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Ferguson, Jesernig, Lux, May, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.
House Staff:Susan Gulick (786-7116)
Rereferred House Committee on Ways & Means/Appropriations
Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass. (22)
Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Bristow, Ebersole, Fuhrman, Grant, Grimm, Hine, Holland, McLean, McMullen, Nealey, Niemi, Peery, Sayan, Silver, H. Sommers, Sprenkle and B. Williams.
House Staff: Nancy Stevenson (786-7137)
AS PASSED HOUSE MARCH 10, 1987
BACKGROUND:
The Columbia River Gorge National Scenic Area Act was passed by Congress and signed by the President on November 17, 1986. The intent of the act was to 1) establish a National Scenic Area to protect the scenic, natural, cultural and recreational values of the gorge, and 2) to protect and support the economy of the Columbia River Gorge area.
The scenic area that is subject to the Act consists of the area commonly seen from major traveled routes along the Columbia River between Washougal and Miller Island. This is a stretch of approximately 84 miles with an average width of 2-3 miles on either side of the river. Cities and some unincorporated communities are exempt from regulation.
The act provides a two-tiered management system. First the U.S. Forest Service (USFS) is charged with managing the Special Management Areas. These are the more sensitive portions of the Scenic Area. The other areas are under the jurisdiction of a bi-state commission, to be established by the legislatures of the states of Oregon and Washington within one year, or by November 17, 1987.
Once the Bi-state Columbia Gorge Commission is established, the U.S. Forest Service and the commission have three years to prepare a joint management plan. Counties would then have the option of incorporating the provisions of the plan into local ordinances. If they decided not to prepare local ordinances, the commission would be responsible for developing and implementing the ordinances. If the counties do prepare the ordinances, they are subject to review and approval by the commission. Once the ordinances are in place, the commission's role is primarily to hear appeals, prepare updates to the management plan, and take enforcement actions.
The USFS is currently reviewing all permits issued in the scenic area for consistency with the act. If a new proposed action is inconsistent with the act, the USFS may condemn the use. Once the commission is established, it determines whether or not a use is inconsistent. The USFS still has condemnation authority, but decisions must be based on the commission's consistency determination. Once the county has approved ordinances in place, the USFS loses its condemnation authority as long as the ordinances are properly implemented and maintained.
The act authorized $35 million to be spent in Oregon and Washington: $10 million for loans to encourage economic development; $10 million from the construction of an interpretative center in Oregon and a conference facility in Washington; $10 million for the USFS to develop recreational facilities; $2 million in special payments to counties in lieu of property taxes for land acquisitions; and $2.8 million for historic highway restoration in Oregon.
The act has a number of ramifications if the states and local governments fail to act. If the states fail to establish the commission: 1) The Forest Service will indefinitely retain its authority to review all land uses outside the urban areas, and to condemn all new uses judged by the Forest Service to be inconsistent with the purposes of the law; 2) $10 million authorized for economic development would be re-authorized for federal land acquisition; and 3) the remaining $25 million would be delayed indefinitely.
If the commission is established but a county fails to adopt and implement appropriate land use controls: 1) the commission will prepare and implement such controls; and 2) none of the $35 million authorized for economic development, construction of interpretive and conference facilities, special payments or recreational facilities will be available for any county which does not have in effect a land use ordinance approved by the commission and the USFS.
SUMMARY:
The legislature ratifies an an interstate compact with the state of Oregon to establish the Columbia Gorge Commission. The commission will operate in accordance with the federal Columbia River Gorge National Scenic Area Act.
The commission is authorized to enact land use ordinances. If a county fails to adopt land use ordinances consistent with the Columbia River Gorge management plan, the commission is authorized to adopt ordinances for that area. Three members of the commission will be appointed by the governor, one of which must reside in the scenic area. In addition, one member will be appointed by each of the governing bodies of Clark, Skamania and Klickitat counties. The same appointment procedure will apply in Oregon. The appointment provisions are consistent with the provisions required by the federal act. All of the governor's appointments are subject to the consent of the Senate.
Procedures for the commission to follow regarding budget preparation, compensation for travel expenses, and hiring staff are specified.
Amendments are incorporated into city and county land use planning statutes, including the Shoreline Management Act, to clarify that state and local planning actions in the Columbia River Gorge National Scenic Area must be consistent with the federal law, the interstate compact and the regulations and ordinances adopted by the commission.
The provisions in existing law regarding the Washington Columbia River Gorge Commission and the Select Committee on the Columbia River Gorge are repealed.
Fiscal Note: Attached.
Effective Date:The bill contains an emergency clause and takes effect immediately.
House Committee ‑ Testified For: (Environmental Affairs) Representative Perry; Senator Zimmerman; Dave McCraney, Governor's Office; Washington Forest Protection Association; National Wildlife Federation; Columbia River Gorge Commission; Wash. Environmental Council; Columbia Gorge Forest Industry Group; Friends of the Columbia Gorge; Clark County Commissioners; Skamania County Commissioners; Sierra Club; citizens.
(Ways & Means/Appropriations) None Presented.
House Committee - Testified Against: (Environmental Affairs) Committee to Preserve Property Rights; Columbia Gorge United.
(Ways & Means/Appropriations) None Presented.
House Committee - Testimony For: (Environmental Affairs) The Columbia River Gorge is a significant national resource. Although many people opposed the federal legislation, it is now the law and everyone would lose if the legislature does not pass this bill. The bill is necessary to ensure local involvement in the implementation of the federal act, and to provide state access to federal funding.
(Ways & Means/Appropriations) None Presented.
House Committee - Testimony Against: (Environmental Affairs) The commission is not accountable to anyone. There are no restrictions on the commission's activities or spending. The state will pay; the federal government created this mess and they should pay for it.
(Ways & Means/Appropriations) None Presented.