SENATE 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
Senate Committee on Natural Resources
Senate Hearing Date(s):March 23, 1987; March 24, 1987
Majority Report: Do pass and refer to Committee on Ways & Means.
Signed by Senators Owen, Chairman; DeJarnatt, Vice Chairman; Barr, Conner, McDonald, Peterson, Stratton.
Senate Staff:Kaleen Cottingham (786-7415)
March 24, 1987
Senate Committee on Ways & Means
Senate Hearing Date(s):March 31, 1987
Majority Report: Do pass.
Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Bluechel, Craswell, Deccio, Hayner, Kreidler, Lee, McDonald, Owen, Saling, Talmadge, Warnke, Williams, Zimmerman.
Senate Staff:Charles Langen (786-7715)
April 2, 1987
AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 31, 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 the Columbia River Gorge Commission, to be established by the legislatures of the states of Oregon and Washington within one year, or by November 17, 1987. The states of Washington and Oregon shall establish this commission by an Interstate Agreement to which Congress has already given its consent.
Once the Columbia Gorge Commission is established, the U.S. Forest Service and the Commission have 3 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 decide 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 federal 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 federal 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 federal Act provides 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 hereby ratifies the Columbia River Compact entered into between Washington and Oregon. The compact creates a regional agency (Columbia River Gorge Commission) to manage and carry out the mandate of the federal legislation. The Commission's powers include: (1) approving or disapproving land use ordinances if inconsistent with the management plan; (2) enacting land use ordinances if a county fails to enact such ordinances; and (3) reviewing and disapproving, if inconsistent with the management plan, all proposals for major development and new residential development outside urban areas.
The Commission consists of 12 voting members and one non-voting federal member. The Governor of each state shall appoint three members, one of whom shall reside in the scenic area. The three members appointed by Washington's Governor shall be with the consent of the Senate. Governor appointees serve at the pleasure of the Governor. The governing bodies of Clark, Klickitat, Skamania counties and the three counties in Oregon shall each appoint one member to the Commission. If a county fails to appoint its member, the Governor shall make the appointment. The United States Forest Service (USFS) shall have one nonvoting member. The compact takes effect and the Commission may exercise its authorities as soon as four members from each state are appointed.
The states shall provide, by separate agreement, the funding necessary to effectuate the Commission including: (1) establishing and maintaining facilities; (2) hiring staff; (3) fulfilling other duties imposed on the Commission; and (4) compensation of Commission members. The Commission budget shall be equally apportioned between the states and shall be presented as required by state law. The Commission shall have its records audited yearly by the appropriate state auditing official. Accounts shall be open for inspection.
The compact includes a severability clause so that if any provision of the compact is held invalid, the remainder stays effective.
The Governor, Commission, state agencies, and counties are given the authority to carry out their respective functions. Commission members shall receive compensation (not to exceed $50 per day for attending official meetings or duties) and subsistence and travel allowances.
Planning and zoning, and other land use decisions, by cities and counties shall conform to the compact and laws and regulations developed to implement the compact. This conformity requirement also applies to the Shoreline Management Act.
The 1975 legislation relating to the Columbia Gorge, codified in Chapter 43.97 RCW, and the select committee, codified in 43.97A, are each repealed by this legislation.
Fiscal Note: available
Effective Date:The bill contains an emergency clause and takes effect immediately.
Senate Committee - Testified: NATURAL RESOURCES: Wayne White, Resident of Skamania County; Ted Layman; Ron Arnold, Center for Free Enterprise; Steve Clutter, Washington Institute; Representative Dean Sutherland; Representative Kim Peery; Senator Hal Zimmerman; Dave McCraney, Office of the Governor; Jeff Brekle, Columbia Gorge Commission; John Fisher, Preserve Property Rights; Steve Gano, WIPA
Senate Committee - Testified: WAYS & MEANS: No one