§ 544b. — Establishment of scenic area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544b]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 544b. Establishment of scenic area
(a) National scenic area
(1) There is hereby established the Columbia River Gorge National
Scenic Area.
(2) Boundaries.--
(A) In general.--Except as provided in subparagraph (B), the
boundaries of the scenic area shall be generally depicted on the map
entitled ``Boundary Map, Columbia River Gorge National Scenic
Area,'' numbered NSA-001 sheets 1 and 2, and dated September 1986,
which shall be on file and available for public inspection in the
offices of the Commission and of the Chief, Forest Service.
(B) Exclusions.--The scenic area shall not include the
approximately 29 acres of land owned by the Port of Camas-Washougal
in the South \1/2\ of Section 16, Township 1 North, Range 4 East,
and the North \1/2\ of Section 21, Township 1 North, Range 4 East,
Willamete \1\ Meridian, Clark County, Washington, that consists of--
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\1\ So in original. Probably should be ``Willamette''.
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(i) the approximately 19 acres of Port land acquired from
the Corps of Engineers under the Second Supplemental
Appropriations Act, 1984 (Public Law 98-396); and
(ii) the approximately 10 acres of adjacent Port land to the
west of the land described in clause (i).
(b) Special management areas
(1) The following areas within the boundaries of the scenic area are
hereby designated ``Special Management Areas'': Gates of the Columbia
River Gorge; Wind Mountain; Burdoin Mountain; and Rowena.
(2) The boundaries of the special management areas designated by
paragraph (1)--
(A) shall be generally depicted on the map entitled ``Special
Management Areas, Columbia River Gorge National Scenic Area'',
numbered SMA-002 sheets 1 through 17, and dated September 1986,
which shall be on file and available for public inspection in the
offices of the Commission and of the Chief, Forest Service; and
(B) shall include all islands within the boundaries of the
scenic area.
(3) Modification of boundaries.--The boundaries of the special
management areas are modified as depicted on a map dated September 20,
2000, which shall be on file and available for public inspection in the
office of the Chief of the Forest Service in Washington, District of
Columbia, and copies shall be available in the office of the Commission,
and the headquarters of the scenic area.
(c) Revision of special management area boundaries
The Secretary, in consultation with the Commission, may make minor
revisions in the boundaries of special management areas after
publication of notice to that effect in the Federal Register and
submission of notice thereof to the Committee on Energy and Natural
Resources of the United States Senate and the Committees on Agriculture
and Natural Resources of the United States House of Representatives.
Such notice shall be published and submitted at least sixty days before
the revision is made. Notice of final action regarding such revision
shall also be published in the Federal Register.
(d) Dodson/Warrendale Special Purchase Unit
(1) There is hereby established the Dodson/Warrendale Special
Purchase Unit.
(2) The boundaries of the Dodson/Warrendale Special Purchase Unit
shall be generally depicted on the map entitled ``Dodson/Warrendale
Special Purchase Unit, Columbia River Gorge National Scenic Area'',
numbered SPU-003 sheet 1, and dated September 1986, which shall be on
file and available for public inspection in the offices of the
Commission and of the Chief, Forest Service.
(e) Urban areas
(1) The following cities and towns are hereby designated as ``Urban
Areas'': Cascade Locks, Hood River, Mosier, and The Dalles, Oregon; and
Bingen, Carson, Dallesport, Home Valley, Lyle, North Bonneville,
Stevenson, White Salmon, and Wishram, Washington.
(2) The boundaries of urban areas shall be generally depicted on the
map entitled, ``Urban Areas, Columbia River Gorge National Scenic
Area'', numbered UA-004 sheets 1 through 11, and dated September 1986,
which shall be on file and available for public inspection in the
offices of the Commission and of the Chief, Forest Service. The
boundaries of urban areas designated in this subsection may be revised
pursuant to the provisions of this section.
(f) Revision of urban area boundaries
(1) Upon application of a county and in consultation with the
Secretary, the Commission may make minor revisions to the boundaries of
any urban area identified in subsection (e) of this section. A majority
vote of two-thirds of the members of the Commission, including a
majority of the members appointed from each State, shall be required to
approve any revision of urban area boundaries.
(2) The Commission may revise the boundaries of an urban area only
if it finds that--
(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 would be consistent with
the standards established in section 544d of this title and the
purposes of sections 544 to 544p of this title;
(C) revision of urban area boundaries would result in maximum
efficiency of land uses within and on the fringe of existing urban
areas; and
(D) revision of urban area boundaries would not result in the
significant reduction of agricultural lands, forest lands, or open
spaces.
(Pub. L. 99-663, Sec. 4, Nov. 17, 1986, 100 Stat. 4276; Pub. L. 103-437,
Sec. 6(d)(34), Nov. 2, 1994, 108 Stat. 4585; Pub. L. 105-277, div. A,
Sec. 101(e) [title III, Sec. 354(a)], Oct. 21, 1998, 112 Stat. 2681-231,
2681-303; Pub. L. 106-31, title V, Sec. 5004(3), May 21, 1999, 113 Stat.
110; Pub. L. 106-291, title III, Sec. 346(d), Oct. 11, 2000, 114 Stat.
1000.)
References in Text
The Second Supplemental Appropriations Act, 1984, referred to in
subsec. (a)(2)(B)(i), is Pub. L. 98-396, Aug. 22, 1984, 98 Stat. 1369.
For complete classification of this Act to the Code, see Tables.
Amendments
2000--Subsec. (b)(2). Pub. L. 106-291, Sec. 346(d)(1), substituted
``by paragraph (1)'' for ``in this section'' in introductory provisions.
Subsec. (b)(3). Pub. L. 106-291, Sec. 346(d)(2), which directed
amendment of subsec. (b)(2) by adding at the end a par. (3), was
executed by adding par. (3) after subsec. (b)(2), to reflect the
probable intent of Congress.
1999--Subsec. (a)(2). Pub. L. 106-31 made technical correction to
directory language of Pub. L. 105-277. See 1998 Amendment note below.
1998--Subsec. (a)(2). Pub. L. 105-277, as amended by Pub. L. 106-31,
inserted par. (2) heading, designated existing provisions as subpar.
(A), inserted heading, and substituted ``Except as provided in
subparagraph (B), the boundaries'' for ``The boundaries'', and added
subpar. (B).
1994--Subsec. (c). Pub. L. 103-437 substituted ``Natural Resources''
for ``Interior and Insular Affairs'' after ``Committees on Agriculture
and''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Effective Date of 1999 Amendment
Pub. L. 106-31, title V, Sec. 5004(4), May 21, 1999, 113 Stat. 110,
provided that: ``The amendments made by paragraphs (1), (2), and (3) of
this section [amending this section and section 1374 of this title],
shall take effect as if included in Public Law 105-277 on the date of
its enactment [Oct. 21, 1998].''
Congressional Intent of 1998 Amendment
Pub. L. 105-277, div. A, Sec. 101(e) [title III, Sec. 354(b)], Oct.
21, 1998, 112 Stat. 2681-231, 2681-303, provided that: ``The amendment
made by subsection (a) [amending this section]--
``(1) is intended to achieve the intent of Congress set forth in
Public Law 98-396 [see Tables for classification]; and
``(2) is not intended to set a precedent regarding adjustment or
amendment of any boundaries of the Columbia River Gorge National
Scenic Area or any other provisions of the Columbia River Gorge
National Scenic Area Act [see Short Title note set out under section
544 of this title].''
Section Referred to in Other Sections
This section is referred to in sections 544, 544a, 544c to 544i,
544l to 544p of this title.
