Z-696                 _______________________________________________

 

                                                    HOUSE BILL NO. 426

                        _______________________________________________

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Representatives Sutherland, Peery, Cole, Unsoeld and Todd; by request of Governor Gardner

 

 

Read first time 1/28/87 and referred to Committee on Environmental Affairs.

 

 


AN ACT Relating to an interstate compact establishing the Columbia River Gorge Commission; amending RCW 43.97A.010; adding new sections to chapter 43.97 RCW; and repealing RCW 43.97.005, 43.97.010, 43.97.020, 43.97.030, 43.97.040, 43.97.060, 43.97.070, 43.97.080, 43.97.090, and 43.97.900.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     The governor of this state is hereby authorized to execute a compact on behalf of the state of Washington with the state of Oregon, legally joining therein in the form substantially as follows:

          A compact is entered into by and between the states of Washington and Oregon, signatories hereto, with the consent of the Congress of the United States of America, granted by an Act entitled "The Columbia River Gorge National Scenic Area Act," P.L. 99-663.

 

@be@bcThe contracting states solemnly agree@ee:@ec

 

ARTICLE I, COLUMBIA GORGE COMMISSION ESTABLISHED.

          The states of Oregon and Washington establish by way of this interstate agreement a regional agency known as the Columbia Gorge Commission.  The commission established in accordance with this agreement shall have the power and authority to adopt suitable rules and regulations and to perform all functions and responsibilities in accordance with the provisions of this agreement and of the Columbia River Gorge National Scenic Area Act, which is incorporated by this specific reference in this agreement.

ARTICLE II, THE COMMISSION MEMBERSHIP.

          (a) Each state governor shall appoint the members of the commission as provided in that Act (three members who reside in the state of Oregon, including one resident of the scenic area, to be appointed by the governor of Oregon, and three members who reside in the state of Washington, including one resident of the scenic area, appointed by the governor of Washington).

          (b) One additional member shall be appointed by the governing body of each of the respective counties of Clark, Klickitat and Skamania in the state of Washington, and each of the respective counties of Hood River, Multnomah and Wasco in the state of Oregon, provided that in the event the governing body of a county fails to make such an appointment, the governor of the state in which  the county is located shall appoint such a member.

          (c) The terms of the members and procedure for filling vacancies shall all be as set forth in the Act.

ARTICLE III, EFFECTIVE DATE OF COMPACT AND COMMISSION.

          This agreement shall take effect, and the commission may exercise its authorities pursuant to the agreement and pursuant to the Columbia River Gorge National Scenic Area Act, upon the appointment of four initial members from each state, and the date of this agreement shall be the date of establishment of the commission.

ARTICLE IV, FUNDING.

          (a) The states of Oregon and Washington hereby agree to provide by separate agreement and/or statute or enactment of each state for funding necessary to effectuate the commission, including the establishment of compensation and/or expenses of commission members from each state which shall be paid by the state of origin.

          (b) The commission shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.

          (c) Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount  or amounts to be appropriated by each of the party states.  Each of the commission's requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states.  Subject to appropriation by their respective legislatures, the commission shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel and such activities as may be necessary to fulfill the powers and duties imposed and entrusted to the commission.

          (d) The commission shall keep accurate accounts of all receipts and disbursements.  The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws.  However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become a part of the annual report of the commission.

          (e) The accounts of the commission shall be open at any reasonable time for inspection to persons authorized by the commission and duly designated representatives of governments contributing to the commission's support.

 

          NEW SECTION.  Sec. 2.     The governor, the commission, state agencies, and counties are authorized to carry out their respective functions and responsibilities in accordance with the compact executed pursuant to section 1 of this act, and in accordance  with the provisions of this chapter.

 

          NEW SECTION.  Sec. 3.     Appointment of commission members by the governor shall be with the consent of the senate.  Commission members appointed by the governor shall serve at the pleasure of the governor.

 

          NEW SECTION.  Sec. 4.     Members of the commission shall receive travel expenses while engaged in the business of the commission in accordance with RCW 43.03.050 and 43.03.060.

 

          NEW SECTION.  Sec. 5.     The commission shall obtain the services of such professional, technical, and clerical personnel as may be deemed necessary to enable it to carry out its functions under this chapter.  The commission may contract for such services as may be necessary to enable it to carry out its functions under this chapter.

 

          NEW SECTION.  Sec. 6.     Funds necessary to fulfill the powers and duties imposed upon and entrusted to the commission shall be provided from funds as appropriated by the legislature.  The commission may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the commission and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

 

          NEW SECTION.  Sec. 7.  The following acts or parts of acts are each repealed:

                   (1) Section 4, chapter 48, Laws of 1975 1st ex. sess., section 1, chapter 132, Laws of 1977 ex. sess. and RCW 43.97.005;

          (2) Section 43.97.010, chapter 8, Laws of 1965  and RCW 43.97.010;

          (3) Section 43.97.020, chapter 8, Laws of 1965, section 1, chapter 48, Laws of 1975 1st  ex. sess. and RCW 43.97.020;

          (4) Section 43.97.030, chapter 8, Laws of 1965, section 2, chapter 48, Laws of 1975 1st ex. sess. and RCW 43.97.030;

          (5) Section 43.97.040, chapter 8, Laws of 1965, section 3, chapter 48, Laws of 1975 1st ex. sess. and RCW 43.97.040;

          (6) Section 5, chapter 48, Laws of 1975 1st ex. sess., section 124, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 43.97.060;

          (7) Section 6, chapter 48, Laws of 1975 1st ex. sess. and RCW 43.97.070;

          (8) Section 7, chapter 48, Laws of 1975 1st ex. sess., section 15, chapter 125, Laws of 1984 and RCW 43.97.080;

          (9) Section 8, chapter 48, Laws of 1975 1st ex. sess. and RCW 43.97.090; and

          (10) Section 10, chapter 48, Laws of 1975 1st ex. sess. and RCW 43.97.900.

 

        Sec. 8.  Section 1, chapter 226, Laws of 1981 and RCW 43.97A.010 are each amended to read as follows:

          The legislature finds that the Columbia River Gorge area provides the citizens of this state with unique aesthetic, recreational, and historic benefits through the area's diversity of scenic beauty, variety of life-forms, and significant role in the history of the nation, this region, and this state.  The legislature, therefore, declares that the preservation of special characteristics of the Columbia River Gorge beginning at the western-most boundary of the Columbia River Gorge ((as described in RCW 43.97.090)) and extending easterly to include all of Section 17 and the west halves of Sections 9 and 4 in Township 2 North, Range 13 East, and any other area designated by law is a public purpose.

          It is the intent of the legislature to authorize the establishment of a select committee to examine, in detail, the unique characteristics contributing to the scenic, natural, and historical value of the area.  It is further the intent of the legislature that the committee herein established explore the range of uses of the area that are consistent with preserving the sensitive characteristics of the Columbia River Gorge area.  The legislature also recognizes the importance of preserving the property interests of area residents, maintaining decision-making at the local level to the maximum extent possible, and supporting economic development activities compatible with the objectives of preservation of the unique values of the Gorge.

 

          NEW SECTION.  Sec. 9.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

          NEW SECTION.  Sec. 10.    Sections 1 through 6 of this act are each added to chapter 43.97 RCW.