§ 544c. — Columbia River Gorge Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544c]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 544c. Columbia River Gorge Commission
(a) Establishment and membership of Commission
(1) To achieve the purposes of sections 544 to 544p of this title
and to facilitate cooperation among the States of Oregon and Washington,
and with the United States of America, the consent of Congress is given
for an agreement described in sections 544 to 544p of this title
pursuant to which, within one year after November 17, 1986--
(A) the States of Oregon and Washington shall establish by way
of an interstate agreement a regional agency known as the Columbia
River Gorge Commission, and shall incorporate sections 544 to 544p
of this title by specific reference in such agreement. The
Commission shall carry out its functions and responsibilities in
accordance with the provisions of the interstate agreement and of
sections 544 to 544p of this title and shall not be considered an
agency or instrumentality of the United States for the purpose of
any Federal law;
(B) the States of Oregon and Washington shall provide to the
Commission, State agencies, and the counties under State law the
authority to carry out their respective functions and
responsibilities in accordance with the provisions of paragraph
(1)(A) of this subsection; and
(C) the States of Oregon and Washington shall appoint members of
the Commission as provided in clauses (i) through (iii), subject to
applicable State law: Provided, That the Governor of either State
may extend the time for appointment of Commission members ninety
days to provide more time for the States and counties to make such
appointments. Membership of the Commission shall be as follows:
(i) six members, comprised of one resident from each of the
following counties: Hood River, Multnomah, and Wasco Counties,
Oregon, and Clark, Klickitat, and Skamania Counties, Washington,
to be appointed by the governing body of each of the respective
counties: Provided, That in the event the governing body of a
county fails to make such appointment, the Governor of the State
in which the county is located shall appoint such member;
(ii) three members who reside in the State of Oregon, at
least one of whom shall be a resident of the scenic area, to be
appointed by the Governor of Oregon;
(iii) three members who reside in the State of Washington,
at least one of whom shall be a resident of the scenic area, to
be appointed by the Governor of Washington; and
(iv) one ex officio, nonvoting member who shall be an
employee of the Forest Service, to be appointed by the
Secretary.
(2) The agreement shall take effect and the Commission may exercise
its authorities pursuant to the agreement upon the appointment of four
initial members from each State, subject to applicable State law, and
the date of such an agreement shall be the date of establishment of the
Commission. Such agreement is hereby consented to by the Congress.
(3) Either State or any county may fill any vacancy occurring prior
to the expiration of the term of any member originally appointed by that
State or county. Each member appointed to the Commission shall serve a
term of four years, except that, with respect to members initially
appointed pursuant to paragraph (1)(C)(i), each Governor shall designate
one member to serve for a term of five years and one to serve for a term
of six years, and one member from each State initially appointed
pursuant to paragraph (1)(C)(ii) and (iii) shall be designated by the
Governor to serve a term of five years, and one to serve a term of six
years. Neither the Governors nor the governing bodies of any of the
counties may appoint Federal, State, or local elected or appointed
officials to the Commission.
(4) A majority of the members of the Commission shall constitute a
quorum. The members of the Commission shall select from among themselves
a Chairman by majority vote of the members appointed from each State.
(5) Except for the ex-officio member appointed pursuant to paragraph
(1)(C)(iv), the members and officers and employees of the Commission
shall not be officers or employees of the United States for any purpose.
The Commission shall appoint, fix compensation for, and assign and
delegate duties to such officers and employees as the Commission deems
necessary to fulfill its functions under sections 544 to 544p of this
title. The compensation of Commission members shall be fixed by State
law. The compensation of Commission members, officers, and employees and
the expenses of the Commission shall be paid from funds provided to the
Commission by the States.
(b) Applicable law
For the purposes of providing a uniform system of laws, which, in
addition to sections 544 to 544p of this title, are applicable to the
Commission, the Commission shall adopt regulations relating to
administrative procedure, the making of contracts, conflicts-of-
interest, financial disclosure, open meetings of the Commission,
advisory committees, and disclosure of information consistent with the
more restrictive statutory provisions of either State. Regulations
applicable to financial disclosure under this subsection shall be
applied to members of the Commission without regard to the duration of
their service on the Commission or the amount of compensation received
for such service. No contract, obligation, or other action of the
Commission shall be an obligation of the United States or an obligation
secured by the full faith and credit of the United States.
(c) Assistance to Commission
Upon the request of the Commission, the Secretary and other Federal
agencies are authorized to provide information, personnel, property, and
services on a reimbursable basis, and the Secretary is authorized to
provide technical assistance on a nonreimbursable basis, to the
Commission to assist it in carrying out its functions and
responsibilities pursuant to sections 544 to 544p of this title.
(d) Advisory committees
The Commission shall establish voluntary technical and citizen
advisory committees to assist the Commission in carrying out its
functions and responsibilities pursuant to sections 544 to 544p of this
title.
(Pub. L. 99-663, Sec. 5, Nov. 17, 1986, 100 Stat. 4277.)
Section Referred to in Other Sections
This section is referred to in sections 544 to 544b, 544d to 544i,
544l to 544p of this title.
