A bill to authorize the establishment of a regional process to assure the orderly development and conservation of the Columbia River Gorge in the States of Oregon and Washington, to establish national policies to assist in the furtherance of this objective, and for other purposes.
Columbia River Gorge Act of 1982 - Establishes in the Department of Agriculture the Columbia River Gorge Commission, which shall be composed of members from both Oregon and Washington State as well as the Chief of the Forest Service.
Establishes the Columbia River Gorge Scenic Area as a unit of the national forest systems to be administered by the Secretary of Agriculture. Provides that the national forest system lands in Oregon which are within the Area shall be treated as components of the Mount Hood National Forest and the national forest system lands in Washington which are within the Area shall be treated as components of the Gifford Pinchot National Forest for purposes of providing forest system revenues to a State or local government.
Prohibits the construction or modification of any facility within a critical portion of the Area before final approval of a Management Plan under this Act unless the Commission determines that such construction or modification is consistent with this Act and will not harm the Area's resources. Requires the Secretary to publish interim scenic management guidelines to protect the Area's resources.
Requires the Commission to review all applications for Federal assistance under programs which: (1) are covered by parts I and II of OMB Circular A-95 within those parts of the Area not covered by the moratorium on new construction and modifications under this Act; and (2) involve housing, industrial park, highway, or sewage or water treatment facility construction. Provides that applications which would have an adverse effect upon the Area's resources shall not proceed while a Management Plan is being developed.
Requires the Commission to prepare a Management Plan for the conservation, use, and development of the Area. Provides for the Commission's adoption of such plan by a vote of not less than eight members. Requires the Commission to submit the adopted Management Plan to the Secretary for approval. Permits the Commission to amend and resubmit any Management Plan disapproved by the Secretary.
Requires the Commission to consult with State and local government authorities within the Area during preparation of the Management Plan and to provide them with financial and technical assistance to carry out land use management activities. Directs the Commission to incorporate State and local policies, management plans, standards, and requirements into the Management Plan and to resolve any conflicts with the State and local authorities concerned.
Authorizes the Commission to obtain reimbursement or offset of all Federal funds provided to a State or local authority which fails or refuses to comply with a request by the Commission.
Permits requests for modifications or exceptions to the Management Plan to be submitted to the Commission.
Directs the Commission to notify the Secretary where a conflict with a state or local authority with respect to critical portions of the Area cannot be resolved so as to prevent harm to the Area's resources. Authorizes the Secretary to acquire the land involved in order to resolve the conflict or prevent harm to the Area's resources. Requires that property thus acquired be: (1) transferred to the jurisdiction of the National Forest Service for inclusion in the national forest system; or (2) sold on terms to assure the use of such property in a manner consistent with the Management Plan.
Authorizes the Secretary to institute a civil action for an injunction or other order to prevent the use of lands in the Area in violation of the Management Plan. Provides for administrative and judicial review of such violations. Imposes criminal penalties for violations of orders of the Secretary issued pursuant to this Act.
Requires local governments which have land use planning authority under State law and wish to enforce the Management Plan within the Area to submit for the Secretary's approval a land use program consistent with the plan. Requires the Secretary to approve or disapprove such a program within six months after its submission. Authorizes the Secretary to make grants to local governments to assist them in establishing such programs. Directs the Secretary to enforce the Management Plan if no approved local land use plan is in effect.
Requires that Federal activities within the Area be consistent with the Management Plan. Sets forth the procedure for Commission approval of any such activities.
Authorizes the Commission to approve nominations of sites and objects within the Area to be listed on the National Register of Historic Places.
Authorizes the Commission to provide technical and financial assistance to local governments and public or private landowners for commercial, residential, or industrial developments consistent with the Management Plan.
Authorizes appropriations. Makes appropriations from the Land and Water Conservation Fund available for land acquisition within the Area.
Establishes an acquisition fund for land acquisition within the Area. Provides that the fund's initial capital shall consist of appropriations made to the fund for that purpose. Authorizes the Secretary to accept contributions which shall be credited to the fund.
Authorizes the Secretary to make payments to local governments to mitigate property tax revenue losses resulting from Federal acquisition of real property within the Area.
Limits the authority under this Act to enter into contracts or to make payments to the extent and the amounts provided in advance in appropriation Acts. Makes provisions of this Act which authorize new budget authority effective only for FY 1983 and thereafter.
Executive Comment Requested from Interior, USDA.
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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