Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: Amendments to plan amendments, urban area boundary revisions, and economic development certification rules.

     Hearing Location(s): Discovery Center, 5000 Discovery Drive, The Dalles, Oregon, on March 10, 2009, at 9:00 a.m. (Note this is the beginning of the commission's regular meeting. The actual hearing time may be later.)

     Date of Intended Adoption: March 10, 2009.

     Submit Written Comments to: Jill Arens, Executive Director, P.O. Box 730, White Salmon, WA 98672, e-mail crgc@gorge.net, fax (509) 493-2229, by March 9, 2009.

     Assistance for Persons with Disabilities: Contact Nancy Andring by March 3, 2009.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes clarify that the commission's consideration of applications to amend the management plan and revise urban area boundaries is a discretionary action, and specify that the commission will determine, as part of its work planning, how many of these types of applications it will accept for review. As well, these changes will enable the commission's executive director to make decisions on more economic development certifications instead of taking those certification decisions to the commission for a hearing and vote.

     Reasons Supporting Proposal: Recent budget information leads the commission to reduce the amount of discretionary work that it does. In the past, the commission has considered plan amendment and urban area boundary revisions applications as applicants submit them. These changes are necessary for the commission to manage its workload. The changes to the economic development certification rule will expedite economic development grants.

     Statutory Authority for Adoption: RCW 43.97.015; 16 U.S.C. §§ 544b(f), 544d(h), 544i(c); ORS 196.150.

     Statute Being Implemented: RCW 43.97.015; 16 U.S.C. §§ 544b(f), 544d(h), 544i(c); ORS 196.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Columbia River Gorge Commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jill Arens, White Salmon, Washington, (509) 493-3323.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed amendments do not add substantive regulations. The affected portions of Commission Rules 350-11, [350-]12, and [350-]16 govern internal commission procedures.

     A cost-benefit analysis is not required under RCW 34.05.328. These proposed amendments are exempt pursuant to RCW 34.05.328 [(5)(b)](ii), (iii), and (v).

January 13, 2009

Nancy A. Andring

Rules Coordinator

350-40-020. Authority.

     (1) Consideration of requests to revise urban area boundaries is a discretionary action authorized by section 4(f) of the Act. The Act does not entitle a county, or any person or entity, to have the Commission review a request to revise any urban area boundary. The Commission may make "minor revisions" to the boundaries of an Urban Area [Scenic Area Act, Section 4(f)]. Such revisions must comply with procedural requirements and criteria in the Scenic Area Act.

     (2) Three procedural requirements are included in Section 4 (f)(1) of the Scenic Area Act:

     (a) Requests to revise an Urban Area boundary are submitted to the Commission by a county government;

     (b) The Commission must consult the Secretary of Agriculture before revising an Urban Area boundary; and

     (c) Two-thirds of the Commission members, including a majority of the members appointed from each state, must approve a revision of an Urban Area boundary. In the event of recusal, the doctrine of necessity shall apply.

     (3) Section 4 (f)(2) of the Scenic Area Act allows the Commission to revise the boundaries of an Urban Area only if the following criteria are satisfied:

     (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 is consistent with the standards established in Section 6 and the purposes of the Scenic Area Act;

     (c) Revision of Urban Area boundaries will result in maximum efficiency of land uses within and on the fringe of existing Urban Areas; and

     (d) Revision of Urban Area boundaries will not result in the significant reduction of agricultural lands, forest lands, or open spaces.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

Amendatory Section

350-40-040. Processing of Application.

     Each application to revise the boundaries of an Urban Area is reviewed according to the priorities established by the Commission in the Management Plan [see Part IV, Chapter 1, section Revision of Urban Area Boundaries, Policy 5]. Within priority categories established in the Management Plan, applications are reviewed in the order received. Applications for revision of urban area boundaries shall be reviewed upon receipt and in the order in which they are received, except that the Commission may, as part of its work planning, set a limit on the number of urban area boundary revision applications it will process during the biennium and may set its limit at zero.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

Amendatory Section

350-50-020. Authority.

     (1) Consideration of amendments to the Management Plan is a discretionary action authorized by section 6(h) of the Act. The Act does not entitle any person or entity to have the Commission review an application to amend the Management Plan. The Commission shall may adopt an amendment to the Management Plan only if it is consistent with the purposes and standards of the Scenic Area Act, the provisions in section 6(h) of the Act, and this rule.

     (2) The Act only allows the Commission to adopt a plan amendment:

     (a) If the Commission determines at any time that conditions within the Scenic Area have significantly changed; and

     (b) If the Commission approves the plan amendment by a majority vote of the members appointed, including approval by at least three members from each state. In the event of recusal, the doctrine of necessity shall apply.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Columbia River Gorge Commission and appears in the Register pursuant to the requirements of RCW 34.08.040.

Amendatory Section

350-50-060. Processing of Application.

     (1) Applications for quasi-judicial amendments shall be reviewed upon receipt and in the order in which they are received, except that the Commission may, as part of its work planning, set a limit on the number of quasi-judicial applications it will process during the biennium and may set its limit at zero. Applications shall be reviewed pursuant to sections 070 through 120 of this division.

     (2) The Executive Director shall maintain requests for legislative amendments. The Commission shall review requested legislative amendments at least once each biennium and determine which, if any, to handle as an application to amend the Management Plan. In determining which legislative amendments to handle, the Commission may consider such factors as: whether the issue has been the subject of appeals, whether the issue has been an implementation problem, whether the issue is a priority of federal, state, local, or tribal governments, and availability of data and resources necessary to analyze the issue. The Commission shall solicit public comment during its work planning concerning legislative amendments to initiate. The decision to initiate a legislative amendment is at the sole discretion of the Commission.

     (3) For legislative amendments, the Executive Director shall hold a pre-application conference as provided in 350-50-045. Following the pre-application conference, the Executive Director shall process a legislative amendment pursuant to sections 080 through 120 of this division.

Amendatory Section

350-120-040. Review and Decision by Commission.

     (1) The Commission shall review economic development certification applications that involve ground disturbance or changes to structures that are 50 years old or older in the general management area or special management areas. The Commission shall review the recommendation and report of the Director at a scheduled meeting. Public comment shall be allowed.

     (2) The Commission shall review the recommendation and report of the Director at a scheduled meeting. Public comment shall be allowed. The Commission may request further information at the meeting if it is deemed relevant to its decision.

     (3) At the first Commission meeting occurring five (5) or more working days of after issuance of the Director's report, tThe Commission shall make a decision on the grant or loan, as follows:

     (a) approve the request, certifying the grant or loan is consistent with the criteria listed in subsection (4) below; purposes of the Act, the management plan and land use ordinances adopted pursuant to the Act;

     (b) approve the request contingent upon approval of certain required state and/or federal environmental permits;

     (c) defer the decision, pending receipt of further information; or

     (d) deny the request, stating reasons why that the grant or loan is not consistent with one or more of the criteria listed in subsection (4) below. purposes of the Act, the management plan and land use ordinances adopted pursuant to the Act.

     (4) Criteria for approval:

     (a) The project and activity shall be consistent with the economic development policies in the Management Plan;

     (b) The project and activity shall be consistent with the Economic Development Plans for Oregon and Washington as amended from time to time by the states consistent with Section 11(a) of the Scenic Area Act;

     (c) The project shall not involve relocation of a business from one National Scenic Area community to another;

     (d) The activity shall not involve program administration; and

     (e) The project shall occur only in counties that have in effect land use ordinances found consistent by the Commission and concurred on by the Secretary.

     (45) The Director shall notify the applicant, and the applicable state investment board of the Commission's decision.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

Amendatory Section

350-120-050. Expedited Certification.

     (1) The Executive Director of the Gorge Commission may issue a decision for a certification application that is not required to be reviewed by the Commission as specified in 350-120-040(1) above. meets all of the following criteria. The Executive Director may, at his or her discretion, require an application be reviewed pursuant to 350-120-030 and 040 above.

     (a) The project and activity shall not involve ground disturbance or changes to structures that are 50 years old or older;

     (b) The project shall be located wholly within an Urban Area;

     (c) The project and activity shall be consistent with the economic development policies in the Management Plan

     (d) The project and activity shall be consistent with the Economic Development Plans for Oregon and Washington as amended from time to time by the states consistent with Section 11(a) of the Scenic Area Act;

     (e) The project shall not involve relocation of a business from one National Scenic Area community to another;

     (f) The activity shall not involve program administration; and

     (g) The project shall occur only in counties that have in effect land use ordinances found consistent by the Commission and concurred on by the Secretary.

     (2) In making a decision to certify a proposed grant or loan the Director shall:

     (a) Consult with the applicant and such agencies as the Director deems appropriate, and

     (b) Consider information submitted by the applicant and all other relevant information available.

     (3) The Director shall approve a grant or loan for certification only if it is consistent with the criteria for approval specified in 350-120-040(4) above. purposes of the Act, and the management plan.

     (4) Within 14 days of acceptance of the application as complete, the Director shall issue a decision along with findings of fact and conclusions of law setting forth the basis for the decision.

     (5) The Director shall mail a copy of the decision to the applicant, the Forest Service, the States of Oregon and Washington, the Indian Tribes with treaty rights in the Scenic Area, the planning director of the applicable county or city, and any person who requests a copy of the decision.

     (6) The Executive Director shall prepare periodic summaries of the certifications approved through this expedited process for submission to the Gorge Commission.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Columbia River Gorge Commission and appear in the Register pursuant to the requirements of RCW 34.08.040.

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