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16 U.S.C. § 544cColumbia River Gorge Commission

submitted 40 years ago by Pub. L. 99-663 to r/title-16-CONSERVATION · 981 words · no verdicts yet

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This section creates the Columbia River Gorge Commission as an interstate agency of Oregon and Washington. It sets its membership, powers, funding, legal rules, federal assistance, and advisory committees.

(a) Establishment and membership. Congress consents to an Oregon-Washington agreement establishing the Columbia River Gorge Commission within one year after November 17, 1986. (1)(A) The States must create the Commission by interstate agreement and specifically incorporate sections 544 through 544p. It must follow that agreement and those sections and is not a United States agency or instrumentality. (B) The States must give the Commission, State agencies, and counties authority under State law to perform their assigned functions. (C) Subject to State law, the States appoint: (i) one resident from each of Hood River, Multnomah, and Wasco Counties, Oregon, and Clark, Klickitat, and Skamania Counties, Washington, appointed by each county's governing body, or by the State's Governor if the county does not appoint one; (ii) three Oregon residents, at least one from the scenic area, appointed by Oregon's Governor; (iii) three Washington residents, at least one from the scenic area, appointed by Washington's Governor; and (iv) one nonvoting ex officio Forest Service employee appointed by the Secretary. Either Governor may extend the appointment deadline by 90 days. (2) The agreement takes effect and the Commission may act when four initial members from each State have been appointed; that agreement date is the Commission's establishment date. (3) A State or county may fill an early vacancy of its appointee. Terms are four years, with the specified initial five- and six-year terms. Governors and county bodies may not appoint federal, State, or local elected or appointed officials. (4) A majority is a quorum. Members choose a chair by a majority vote of members appointed from each State. (5) Except for the ex officio member, Commission members, officers, and employees are not United States officers or employees. The Commission may appoint them, set compensation, and assign or delegate duties. State law sets member compensation; the States pay members, employees, and expenses. (b) Applicable law. To create a uniform legal system, the Commission must adopt rules on administrative procedure, contracts, conflicts of interest, financial disclosure, open meetings, advisory committees, and information disclosure consistent with the more restrictive State's laws. Financial-disclosure rules apply regardless of service length or compensation. Commission contracts and actions are not United States obligations or backed by United States credit. (c) Assistance. At the Commission's request, the Secretary and other federal agencies may provide information, personnel, property, and services on a reimbursed basis. The Secretary may provide technical help without reimbursement. (d) Advisory committees. The Commission must establish voluntary technical and citizen advisory committees.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 99–663, § 5, Nov. 17, 1986, 100 Stat. 4277.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-663 · 100 Stat. 4277

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-663 on 1986-11-17.

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