Columbia River Gorge National Scenic Area Act
PL 99-663 (H.R.5705), enacted 11/17/1986

100 STAT. 4274 
PUBLIC LAW 99-663—NOV. 17, 1986 
Public Law 99-663 
99th Congress 
An Act 
Nov. 17, 1986 
[H.R. 5705] 
Columbia River 
Gorge 
National Scenic 
Area Act. 
Oregon. 
Washington. 
16 u s e 544 note. 
16 u s e 544. 
To protect and provide for the enhancement of the resources of the Columbia River 
Gorge, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
This Act may be referred to as the "Columbia River Gorge 
National Scenic Area Act". 
TABLE OF CONTENTS 
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Sec. 1. Short title and table of contents. 
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Sec. 2. Definitions. 
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Sec. 3. Purposes. 
Sec. 4. Establishment of the scenic area. 
Sec. 5. The Columbia River Gorge Commission. 
Sec. 6. The scenic area management plan. 
Sec. 7. Administration of the scenic area. 
Sec. 8. Administration of the special management areas. 
Sec. 9. Land acquisitions. 
Sec. 10. Interim management. 
Sec. 11. Economic development. 
Sec. 12. Old Columbia River highway. 
Sec. 13. Tributary rivers and streams. 
Sec. 14. Implementation measures. 
Sec. 15. Enforcement. 
Sec. 16. Authorization of appropriations. 
Sec. 17. Savings provisions. 
Sec. 18. Severability. 
SEC. 2. DEFINITIONS. 
As used in this Act, the term— 
(a) "adversely affect" or "adversely affecting" means, except 
as used in section 15, a reasonable likelihood of more than 
moderate adverse consequences for the scenic, cultural, recre-
ation or natural resources of the scenic area, the determination 
of which is based on— 
(1) the context of a proposed action; 
(2) the intensity of a proposed action, including the mag-
nitude and duration of an impact and the likelihood of its 
occurrence; 
(3) the relationship between a proposed action and other 
similar actions which are individually insignificant but 
which may have cumulatively significant impacts; and 
(4) proven mitigation measures which the proponent of 
an action will implement as part of the proposal to reduce 
otherwise significant affects to an insignificant level; 
(b) "agricultural lands" means lands designated as agricul-
tural lands pursuant to section 6 of this Act; 
(c) "Commission" means the Columbia River Gorge Commis-
sion established pursuant to section 5 of this Act; 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4275 
(d) "counties" means Hood River, Multnomah, and Wasco 
Counties, Oregon; and Clark, Klickitat, and Skamania Counties, 
Washington; 
(e) "Dodson/Warrendale Special Purchase Unit" means the 
Dodson/Warrendale Special Purchase Unit established pursu-
ant to section 4 of this Act; 
(f) "forest lands" means lands designated as forest lands 
pursuant to section 6 of this Act; 
(g) "Indian tribes" means the Nez Perce Tribe, the Confed-
erated Tribes and Bands of the Yakima Indian Nation, the 
Confederated Tribes of the Warm Springs of Oregon, and the 
Confederated Tribes of the Umatilla Indian Reservation; 
(h) "interim guidelines" means any interim guidelines devel-
oped by the Secretary pursuant to section 10 of this Act, and 
any amendment, revision, or variance; 
(i) "land use ordinance" or "ordinance" means any ordinance 
adopted by a county or by the Commission pursuant to this Act, 
and includes any amendment to, revision of, or variance from 
., ; , 
such ordinance; 
(j) "major development actions" means any of the following: 
(1) subdivisions, partitions and short plat proposals; 
(2) any permit for siting or construction outside urban 
areas of multifamily residential, industrial or commercial 
facilities, except such facilities as are included in the recre-
ation assessment; 
(3) the exploration, development and production of min-
eral resources unless such exploration, development or 
production can be conducted without disturbing the surface 
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of any land within the boundaries of a special management 
area or is for sand, gravel and crushed rock used for the 
construction, maintenance or reconstruction of roads 
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within the special management areas used for the produc- 
n , - _ 
tion of forest products; and 
(4) permits for siting or construction within a special 
management area of any residence or other related major 
structure on any parcel of land less than forty acres in size; 
(k) "management plan" means the scenic area management 
plan adopted pursuant to section 6 of this Act; 
(1) "open spaces" means unimproved lands not designated as 
agricultural lands or forest lands pursuant to section 6 of this 
Act and designated as open space pursuant to section 6 of this 
Act. Open spaces include— 
(1) scenic, cultural, and historic areas; 
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(2) fish and wildlife habitat; 
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(3) lands which support plant species that are endemic to 
the scenic area or which are listed as rare, threatened or 
endangered species pursuant to State or Federal Endan-
gered Species Acts; 
(4) ecologically and scientifically significant 
natural 
areas; 
(5) outstanding scenic views and sites; 
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(6) water areas and wetlands; 
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(7) archaeological sites, Indian burial grounds and village 
sites, historic trails and roads and other areas which are 
culturally or historically significant; 
(8) potential and existing recreation resources; and 
100 STAT. 4276 
PUBLIC LAW 99-663—NOV. 17, 1986 
16 u s e 544a. 
16 u s e 544b. 
Public 
information. 
Public 
information. 
Federal 
Register, 
publication. 
(9) Federal and State wild, scenic, and recreation 
waterways; 
(m) "recreation assessment" means the recreation assessment 
adopted pursuant to section 6 of this Act; 
(n) "residential development" means the permitting for siting 
or construction of any residence or other related major 
structure; 
(0) "scenic area" means the Columbia River Gorge National 
Scenic Area established pursuant to section 4 of this Act; 
(p) "Secretary" means the Secretary of Agriculture; 
(q) "special management areas" means areas within the 
scenic area established pursuant to section 4 of this Act; 
(r) "States" means the States of Oregon and Washington; and 
(s) "urban areas" means those areas within the scenic area 
identified as urban areas on the map referred to in section 4(e) 
of this Act or within the boundaries of an urban area as revised 
pursuant to section 4(f). 
SEC. 3. PURPOSES. 
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The purposes of this Act are— 
(1) to establish a national scenic area to protect and provide 
for the enhancement of the scenic, cultural, recreational, and 
natural resources of the Columbia River Gorge; and 
(2) to protect and support the economy of the Columbia River 
Gorge area by encouraging growth to occur in existing urban 
areas and by allowing future economic development in a 
manner that is consistent with paragraph (1). 
SEC. 4. ESTABLISHMENT OF THE SCENIC AREA. 
(a) NATIONAL SCENIC AREA.—(1) There is hereby established the 
Columbia River Gorge National Scenic Area. 
(2) The boundaries of the scenic area shall be generally depicted 
on the map entitled "Boundary Map, Columbia River Gorge Na-
tional 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) 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 in 
this section— 
(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. 
(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 Natu-
ral Resources of the United States Senate and the Committees on 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4277 
Agriculture and Interior and Insular Affairs 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 avsiilable 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 avmlable 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 4(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 6 and the purposes of 
this Act; 
(C) revision of urban area boundaries would result in maxi-
mum 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. 
SEC. 5. THE COLUMBIA RIVER GORGE COMMISSION. 
(a) ESTABUSHMENT AND MEMBERSHIP OF THE COMMISSION.—(1) To 
achieve the purposes of this Act 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 de-
scribed in this Act pursuant to which, within one year after the date 
of enactment of this Act— 
(A) the States of Oregon and Washington shall establish by 
way of an interstate agreement a region^d agency known as the 
Columbia River Gorge Commission, and shall incorporate this 
Federal 
Register, 
publication. 
Public 
information. 
Public 
information. 
Agriculture and 
agricultural 
commodities. 
Forests and 
forest products. 
16 u s e 544c. 
Compacts 
between States. 
100 STAT. 4278 
PUBLIC LAW 99-663—NOV. 17, 1986 
Act 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 this Act 
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and shall not be considered an agency or instrumentality of the 
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United States for the purpose of any Federal law; 
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(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 respon-
sibilities in accordance with the provisions of paragraph (1)(A) 
of this subsection; and 
(C) the States of Oregon and Washington shall appoint mem-
bers 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 Commis-
sion 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 
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the following counties: Hood River, Multnomah, and Wasco 
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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 Washing-
ton, 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. 
Effective date. 
(2) The agreement shall take effect and the Commission may 
exercise its authorities pursuant to the agreement upon the appoint-
ment 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 con-
sented 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 ap-
pointed by that State or county. Each member appointed to the 
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Commission shall serve a term of four years, except that, with 
respect to members initially appointed pursuant to paragraph 
dXCXi), 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 
dXC) (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 
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themselves a Chairman by majority vote of the members appointed 
from each State. 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4279 
(5) Except for the ex-officio member appointed pursuant to para-
graph (l)(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 this 
Act. 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 
Regulations, 
system of laws, which, in addition to this Act, are applicable to the 
Commission, the Commission shall adopt regulations relating to 
administrative procedure, the making of contracts, conflicts-of- 
i i j v «>» 
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 dura-
tion of their service on the Commission or the amount of compensa-
tion 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 THE COMMISSION.—Upon the request of 
the 
Commission, the Secretary and other Federal agencies are au-
thorized 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 this Act. 
(d) ADVISORY COMMITTEES.—The Commission shall establish vol- Voluntarism. 
untary technical and citizen advisory committees to assist the 
Commission in carrying out its functions and responsibilities pursu-
ant to this Act. 
SEC. 6. THE SCENIC AREA MANAGEMENT PLAN. 
16 USC 544d. 
(a) STUDIES.—Within one year after the date the Commission is 
established, it shall, in cooperation with the Secretary, complete the 
following studies for use in preparing the management plan: 
(1) RESOURCE INVENTORY.—The Commission shall complete a 
resource inventory. The resource inventory shall— 
(A) document all existing land uses, natural features and 
Indians, 
limitations, scenic, natural, cultural, archaeological and 
recreation and economic resources and activities: Provided, 
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That the location of any Indian burial grounds, village sites, 
and other areas of archaeological or religious significance 
shall not be made public information and such information 
shall be used for administrative purposes only; and 
(B) incorporate without change the resource inventory 
developed by the Secretary pursuant to section 8 of this Act 
for the special management areas. 
(2) ECONOMIC OPPORTUNITY STUDY.—The Commission shall 
complete a study to identify opportunities to enhance the econo-
mies of communities in the scenic area in a manner consistent 
with the purposes of this Act. 
7-|_19A 0 - 8 9 - 2 7 : QL. 3 Part5 
100 STAT. 4280 
PUBLIC LAW 99-663—NOV. 17, 1986 
(3) RECREATION ASSESSMENT.—The Commission shall complete 
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an assessment of recreation resources and opportunities for 
enhancement of these resources. The recreation assessment 
shall— 
(A) designate the location and specify the construction of 
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an interpretive center or other appropriate facility, to be 
located in the State of Oregon, and of a conference center or 
other appropriate facility, to be located in the State of 
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Washington; 
(B) identify areas within the scenic area that are suitable 
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illil.Ai for other public use facilities, including but not limited to 
educational and interpretive facilities, campsites, picnic 
areas, boat launch facilities and river access areas; and 
Indians. 
(C) subject to the treaty and other rights of Indian tribes, 
designate areas to provide increased access for recreation 
purposes to the Columbia River and its tributaries; and 
(D) incorporate without change the recreation assessment 
developed by the Secretary pursuant to section 8 of this Act 
for the specied management areas. 
(b) LAND USE DESIGNATIONS.—Within two years after the Commis-
sion is established, it shall develop land use designations for the use 
of non-Federal lands within the scenic area. The land use designa-
tions shall— 
(1) be based on the results of the resource inventory developed 
pursuant to subsection (a)(1) of this section, and consistent with 
the standards established in subsection (d) of this section; 
Agriculture and 
(2) designate those lands used or suitable for the production of 
agricultural 
crops, fruits Or Other agricultural products or the sustenance of 
commodities. 
livestock as agricultural lands; 
Forests and 
(3) designate lands used or suitable for the production of 
forest products. 
forest products as forest lands; 
(4) designate lands suitable for the protection and enhance-
ment of open spaces; 
Urban areas. 
(5) designate areas in the scenic area outside special manage-
ment areas used or suitable for commercial development: Pro-
vided, That such designation shall encourage, but not require, 
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commercial development to take place in urban areas and shall 
take into account the physical characteristics of the areas in 
question and their geographic proximity to transportation, 
commercial, and industrial facilities and other amenities; 
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(6) designate areas used or suitable for residential develop-
ment, taking into account the physical characteristics of the 
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areas in question and their geographic proximity to transpor-
tation and commercial facilities and other amenities; and 
Urban areas. 
(7) incorporate without change the designation of urban areas 
established in section 4(e) of this Act. 
(c) ADOPTION OF THE MANAGEMENT PLAN.—Within three years 
after the date the Commission is established, it shall adopt a 
management plan for the scenic area. The Commission shall adopt 
the management plan by a majority vote of the members appointed, 
including at least three members from each State. The management 
plan shall— 
(1) be based on the results of the resource inventory developed 
pursuant to subsection (a)(1) of this section; 
(2) include land use designations developed pursuant to 
subsection (b) of this section; 
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PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4281 
(3) be consistent with the standards estabUshed in subsection 
(d) of this section; 
(4) incorporate without change the management direction for 
the use of Federal lands within and the land use designations 
for the special management areas adopted by the Secretary 
pursuant to section 8 of this Act; and 
(5) include guidelines for the adoption of land use ordinances 
for lands within the scenic area. The guidelines— 
1 
(A) shall incorporate without change the guidelines for 
the development of special management area land use ordi-
nances developed by the Secretary pursuant to section 8 of 
; 
this Act; and 
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(B) shall not apply to urban areas designated in section 
4(e) of this Act. 
(d) STANDARDS FOR THE MANAGEMENT PLAN.—The management 
plan and all land use ordinances and interim guidelines adopted 
pursuant to this Act shall include provisions to— 
(1) protect and enhance agricultural lands for agricultural 
uses and to allow, but not require, conversion of agricultural 
lands to open space, recreation development or forest lands; 
(2) protect and enhance forest lands for forest uses and to 
allow, but not require, conversion of forest lands to agricultural 
lands, recreation development or open spaces; 
(3) protect and enhance open spaces; 
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(4) protect and enhance public and private recreation re-
sources and 
educational 
and 
interpretive 
facilities 
and 
opportunities, in accordance with the recreation assessment 
adopted pursuant to subsection (a) of this section; 
(5) prohibit major development actions in special manage-
ment areas, except for partitions or short plats which the 
Secretary determines are desirable to facilitate land acquisi-
tions pursuant to this Act; 
(6) prohibit industrial development in the scenic area outside 
urban areas; 
(7) require that commercial development outside urban areas 
take place without adversely affecting the scenic, cultural, 
recreation, or natural resources of the scenic area; 
(8) require that residential development outside urban areas 
take place without adversely affecting the scenic, cultural, 
recreation, and natural resources of the scenic area; and 
(9) require that the exploration, development and production 
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of mineral resources, and the reclamation of lands thereafter, 
take place without adversely affecting the scenic, cultural, 
recreation and natural resources of the scenic area. 
(e) AGENCY CONSULTATION AND PUBUC INVOLVEMENT.—The Sec-
retary and the Commission shall exercise their responsibilities 
pursuant to this Act in consultation with Federal, State, and local 
governments having jurisdiction within the scenic area or expertise 
pertaining to its administration and with Indian tribes. The Sec-
retary and the Commission shall conduct public hearings and solicit 
public comment prior to final adoption of the management plan and 
the Commission shall conduct public hearings and solicit public 
comment prior to final adoption of land use ordinances. The 
Commission and the appropriate county shall promptly notify the 
Secretary, the States, local governments and Indian tribes of all 
proposed major development actions and residential development in 
the scenic area. 
Urban areas. 
Agriculture and 
agricultural 
commodities. 
Forests and 
forest products. 
Minerals and 
mining. 
Reclamation 
projects. 
State and local 
governments. 
Indians. 
100 STAT. 4282 
PUBLIC LAW 99-663—NOV. 17, 1986 
(f) CONCURRENCE OF THE MANAGEMENT PLAN.— 
(1) REVIEW BY THE SECRETARY.—Upon adoption of the manage-
ment plan, the Commission shall promptly submit the plan to 
the Secretary for review. If the Secretary agrees with the 
X * Commission that the management plan is consistent with the 
standards established in this section and the purposes of this 
Act, the Secretary shall concur to that effect. Should the Sec-
retary fail to act on the proposed plan within ninety days, the 
Secretary shall be deemed to have concurred on the manage-
ment plan. 
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(2) DENIAL OF CONCURRENCE.—If concurrence is denied, the 
Secretary shall state the reasons for finding the plan is 
i.ai ' 
f . inconsistent with the standards established in this section or 
the purposes of this Act, and shall submit to the Commission 
, 
suggested modifications to the management plan to make it 
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consistent with such standards and the purposes of this Act. 
(3) COMMISSION RECONSIDERATION.—Within one hundred and 
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twenty days after receipt of notification of non-concurrence, the 
Commission shall— 
(A) revise and resubmit the plan to the Secretary; or 
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^^^ ^y ^ ^o^® ^^ two-thirds of its membership, including a 
majority of the members appointed from each State, reject 
the suggested modifications of the Secretary and adopt a 
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management plan consistent with the provisions of this 
section and the purposes of this Act. 
(g) REVISION OF THE PLAN.—No sooner than five years after adop-
tion of the management plan, but at least every ten years, the 
Commission shall review the management plan to determine 
whether it should be revised. The Commission shall submit any 
revised management plan to the Secretary for review and concur-
rence, in accordance with the provisions of this section for adoption 
of the management plan. 
(h) AMENDMENT OF THE PLAN.—If the Commission determines at 
any time that conditions within the scenic area have significantly 
changed, it may amend the management plan. The Commission 
shall submit amendments to the management plan to the Secretary 
for review, in accordance with the provisions of this section for 
adoption of the management plan. 
16USC544e. 
SEC. 7. ADMINISTRATION OF THE SCENIC AREA. 
(a) MANAGEMENT OF THE SCENIC AREA.—The non-Federal lands 
within the scenic area shall be administered by the Commission in 
accordance with the management plan and this Act. 
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(b) ADOPTION OF SCENIC AREA LAND USE ORDINANCES.— 
(1) Within sixty days of initial receipt of the management 
plan, each county shall submit to the Commission a letter 
stating that it proposes to adopt a land use ordinance consistent 
with the management plan. If any county fails to submit such 
letter or fails to adopt a land use ordinance as provided in this 
section, the Commission shall carry out the requirements of 
subsection (c) of this section. 
(2) Within two hundred and seventy days of receipt of the 
management plan, each county shall adopt a land use ordinance 
consistent with the management plan, and thereafter may 
adopt an amendment, revision or variance to a land use 
ordinance at any time. Each county upon adoption of a land use 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4283 
i 
ordinance shall promptly submit the ordinance to the 
Commission. 
(8) APPROVAL BY COMMISSION.—(A) Within ninety days after 
receipt of a land use ordinance, the Commission, by majority 
vote including at least three members from each State, shall 
approve the ordinance unless it determines the ordinance is 
inconsistent with the management plan. Should the Commis-
sion fail to act within ninety days, the ordinance shall be 
deemed to be approved. 
(B) If approval is denied, the Commission shall state the 
reasons for finding the ordinance is inconsistent with the 
management plan, and shall submit to the county suggested 
modifications to the ordinance to make it consistent with the 
management plan. 
(C) Each county shall have ninety days after it receives 
recommendations from the Commission to make modifications 
designed to eliminate the inconsistencies and to resubmit the 
ordinance to the Commission for approval. The Commission 
shall have sixty days to approve or disapprove the resubmitted 
ordinance. Any resubmitted ordinance shall become effective 
upon 
approval. 
Should the Commission 
disapprove the 
resubmitted ordinance, it shall promptly resubmit the ordi-
nance for reconsideration. Should the Commission fail to act 
within sixty days, the ordinance shall be deemed to be approved. 
(c) COMMISSION LAND USE ORDINANCES.—(1) Within ninety days 
after making a determination that a county has failed to comply 
with the provisions of this section, the Commission shall make and 
publish a land use ordinance setting standard for the use of non-
Federal lands in such county within the boundaries of the national 
scenic area, excluding urban areas identified in section 4(e) of this 
Act. The ordinance shall have the object of assuring that the use of 
such non-Federal lands is consistent with the management plan. 
The ordinance may differ amongst the several parcels of land within 
the boundaries of the scenic area. The ordinance may from time to 
time be amended by the Commission. 
(2) SUBSEQUENT COMPLIANCE.—In the event the Commission has 
promulgated regulations pursuant to this section, a county may 
thereafter upon written notice to the Commission elect to adopt a 
land use ordinance, in which event it shall comply with the provi-
sions of this section for adoption of a land use ordinance. Upon 
approval of a land use ordinance by the Commission it shall super-
sede any regulations for the county developed by the Commission, 
subject to valid existing rights. 
(d) CONSTRUCTION OF FACILITIES.—The Secretary is hereby au-
thorized to design, construct, operate and maintain such facilities as 
are included in the recreation assessment. 
SEC. 8. ADMINISTRATION OF THE SPECIAL MANAGEMENT AREAS. 
(a) ADMINISTRATION OF FEDERAL LANDS.—(1) The Secretary shall 
administer Federal lands within the special management areas in 
accordance with this Act and other laws, rules and regulations 
applicable to the national forest system. In addition, the construc-
tion of roads and the management, utilization and harvest of timber 
on Federal lands within the special management areas also shall be 
subject to Forest Service visual resource management guidelines. 
The Secretary shall utilize lands acquired through exchange in 
16 u s e 544f. 
National Forest 
System. 
Forests and 
forest products. 
100 STAT. 4284 
PUBLIC LAW 99-663—NOV. 17, 1986 
Indians. 
Forests and 
forest products. 
calculating the allowable sales quantity on the Gifford Pinchot and 
Mount Hood National Forests. 
(b) WITHDRAWAL OF FEDERAL LANDS.—Subject to valid existing 
rights, all Federal lands located in the special management areas 
are hereby withdrawn from all forms of entry, appropriation, or 
disposal under the public land laws, from location, entry, and patent 
under the mining laws of the United States, and from disposition 
under all laws pertaining to mineral and geothermal leasing: Pro-
vided, That the Secretary may allow the exploration, development, 
or production of sand, gravel, and crushed rock as necessary to 
construct, maintain, or reconstruct roads in the special management 
areas. 
(c) RESOURCE INVENTORY.—The Secretary shall complete a re-
source inventory for the special management areas consistent with 
the process and substance of the inventory prescribed by section 
6(a)(1) of this Act. 
(d) RECREATION ASSESSMENT.—Within two years after the date of 
enactment of this Act, the Secretary shall complete an assessment of 
recreation resources in the special management areas and 
opportunities for enhancement of these resources. The recreation 
assessment shall— 
(1) identify areas within the special management areas suit-
able for designation by the Commission pursuant to section 6 of 
this Act for the construction of an interpretive center or other 
appropriate facility, to be located in the State of Oregon, and of 
a conference center or other appropriate facility, to be located 
in the State of Washington; 
(2) identify areas within the special management areas suit-
able for other public use facilities, including but not limited to 
educational and interpretive facilities, campsites, picnic areas, 
boat launch facilities, and river access areas; and 
(3) subject to the treaty or other rights of Indian tribes, 
identify areas with the special management areas suitable for 
use to increase access for recreation purposes to the Columbia 
River and its tributaries. 
(e) LAND USE DESIGNATIONS.—Within three years after the date of 
enactment of this Act, the Secretary shall develop land use designa-
tions for the special management areas. The land use designations 
shall be— 
(1) based on the resource inventory prepared by the Secretary 
pursuant to this section; and 
(2) consistent with the standards established in section 6 of 
this Act. 
(f) GUIDEUNES FOR LAND USE ORDINANCES.—(1) Within three years 
after the date of enactment of this Act, the Secretary shall, in 
consultation with the Commission, develop guidelines to assure that 
non-Federal lands within the special management areas are man-
aged consistent with the standards in section 6 and the purposes of 
this Act. The Secretary shall promptly transmit the guidelines to 
the Commission for inclusion in the management plan. The guide-
lines shall require that management, utilization, and disposal of 
timber, and exploration, development, and production of sand, 
gravel, and crushed rock for the construction, maintenance, or 
reconstruction of roads used to manage or harvest forest products on 
non-Federal lands within the special management areas take place 
without adversely affecting the scenic, cultural, recreation, and 
natural resources of the scenic area. 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4285 
(h) ADOPTION OF SPECIAL MANAGEMENT AREA LAND USE ORDI-
NANCES.—(1) Within sixty days of receipt of the management plan, 
each county shall submit to the Commission a letter stating that it 
proposes to adopt a land use ordinance consistent with the manage-
ment plan. If any county fails to submit a letter as provided in this 
subsection, or fails to adopt a land use ordinance as provided in this 
section, the Commission shall carry out the requirements of subsec-
tion (1) of this section. 
(2) Within two hundred and seventy days of receipt of the manage-
ment plan, each county shall adopt a special management area land 
use ordinance consistent with the management plan, and thereafter 
may adopt an amendment, revision or variance to a land use 
ordinance at any time. Each county upon adoption of a special 
management area land use ordinance shall promptly submit the 
adopted ordinance to the Commission. 
(i) REVIEW BY THE COMMISSION.—(1) The Commission shall review 
the special management area land use ordinance received from each 
county, and within ninety days after receipt shall make a tentative 
determination as to whether the ordinance is consistent with the 
management plan. If the Commission makes a tentative determina-
tion that the land use ordinance is consistent with the management 
plan, the Commission shall send the ordinance to the Secretary for 
concurrence. 
(2) If the Commission makes a tentative determination that the 
land use ordinance is inconsistent with the management plan, the 
JBI 
• 
Commission shall state the reasons for the determination and shall 
return the ordinance to the appropriate county with suggested 
modifications required for consistency with the management plan. 
(3) Each county shall have ninety days after it is notified by the 
Commission to make modifications designed to eliminate the 
inconsistencies and to resubmit the ordinance to the Commission for 
tentative determination of consistency. The Commission shall have 
sixty days to make a tentative consistency determination on the 
resubmitted ordinance. If found consistent, the land use ordinance 
shall be transmitted by the Commission to the Secretary for concur-
rence that the ordinance is consistent with the management plan. If 
J, 
;*•» 
the Commission finds the resubmitted ordinance inconsistent, the 
Commission shall adopt an ordinance pursuant to subsection (1) of 
this section. 
(j) CONCURRENCE BY THE SECRETARY.—(1) Upon receipt of a special Public 
management area land use ordinance from the Commission, the information. 
Secretary shall notify the public of such receipt and shall, within 
ninety days thereafter, concur with the Commission's tentative 
determination of consistency with the management plan unless the 
Secretary determines the ordinance is inconsistent. Any ordinance Effective date. 
submitted to the Secretary shall become effective upon notification 
of concurrence. Should the Secretary fail to act within ninety days, 
the Secretary shall be deemed to have concurred with the Commis-
sion's tentative consistency determination. 
(2) DENIAL OF CONCURRENCE.—If concurrence is denied, the Sec-
retary shall state the reasons therefor and shall submit to the 
Commission suggested modifications to the land use ordinances to 
make them consistent with the management plan and the purposes 
of this Act. 
(k) COMMISSION RECONSIDERATION.—Upon receipt of notification of 
nonconcurrence by the Secretary, the Commission shall resubmit 
the land use ordinance to the appropriate county. Such county shall 
100 STAT. 4286 
PUBLIC LAW 99-663—NOV. 17, 1986 
Effective date. 
Effective date. 
within ninety days, reconsider and revise the ordinance and resub-
mit the ordinance to the Commission for reconsideration in accord-
ance with the provisions of this section. Should the Secretary again 
deny concurrence, the Commission shall either prepare a land use 
ordinance for such county pursuant to subsection (1) of this section 
or, by a two-thirds vote of the membership of the Commission 
including a majority of the members appointed from each State, 
determine that the ordinance is consistent with the management 
plan. 
(1) COMMISSION ORDINANCES.—(1) Within ninety days after making 
a determination that a county has failed to comply with the provi-
sions of subsection (h) of this section, the Commission shall make 
and publish an ordinance setting standards for the use of non-
Federal lands of such county within the boundaries of the special 
management areas. The ordinances shall have the object of assuring 
that the use of such lands is consistent with the management plan. 
The ordinances may differ amongst the several parcels of land 
within the boundaries of the special management areas. The ordi-
nances may from time to time be amended by the Commission. 
(2) The Commission shall promptly submit the ordinance to the 
Secretary. The Secretary shall, within ninety days after receipt of 
the ordinance from the Commission, concur with the tentative 
determination that the land use ordinance is consistent with the 
management plan unless a determination of inconsistency is made. 
Any ordinance submitted to the Secretary shall become effective 
upon concurrence. Should the Secretary fail to concur within ninety 
days, the land use ordinance shall be effective. 
(3) If concurrence is denied, the Secretary shall state the reasons 
for finding the ordinance is inconsistent with the management plan, 
and shall submit to the Commission suggested modifications to the 
ordinance to make it consistent with the plan. 
(4) The Commission shall have ninety days after it receives rec-
ommendations from the Secretary to make modifications designed 
to eliminate the inconsistencies and to resubmit the ordinance to 
the Secretary for concurrence. The Secretary shall have sixty days 
to concur with the resubmitted ordinance. Any resubmitted ordi-
nance shall become effective upon concurrence by the Secretary. 
Should the Secretary deny concurrence for the resubmitted ordi-
nance, the Secretary shall state the reasons therefor and shall 
promptly resubmit the ordinance for reconsideration. Should the 
Secretary fail to concur within sixty days, the ordinance shall be 
deemed effective. 
(5) Within one hundred and twenty days after receipt of notifica-
tion of non-concurrence, the Commission shall— 
(A) revise and resubmit the land use ordinance to the Sec-
retary; or 
(B) by a vote of two-thirds of its membership, including a 
majority of the members appointed from each State, reject the 
suggested modifications of the Secretary and adopt a land use 
ordinance consistent with the provisions of this section and the 
purposes of this Act. 
- (m) SUBSEQUENT COMPUANCE.—In the event the Commission has 
adopted an ordinance pursueint to this section, the affected county 
may thereafter, upon written notice to the Commission and to the 
Secretary, elect to adopt a special management area land use ordi-
nance, in which event it shall comply with the provisions of this 
section for adoption of special management area land use ordi-
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4287 
nances. Upon concurrence of such land use ordinances by the Sec-
retary they shall supersede any special management area land use 
ordinances for the county development by the Commission, subject 
to valid existing rights. 
(n) EFFECT OF SECRETARY'S NON-CONCURRENCE.—If the Secretary 
does not concur in any land use ordinance approved or adopted by 
the Commission pursuant to this section, the availability of certain 
funds to the relevant county shall be governed by section 16(c) of 
this Act. 
(o) SPECIAL RULES.—Any ordinance adopted pursuant to this sec-
tion shall not apply to any parcel or parcels of land within a special 
management area if, after the date such ordinance has been 
adopted, three years have elapsed after a landowner has made a 
bona fide offer to sell at fair market value or otherwise convey such 
parcel or parcels to the Secretary, unless the affected landowner 
agrees to an extension of the three year period: Provided, That an 
offer shall not be considered bona fide if the landowner refuses 
consideration equal to the fair market value as appraised in accord-
ance with the Uniform Appraisal Standards for Federal Land Ac-
quisitions (Interagency Land Acquisition Conference, 1973). Lands 
for which an ordinance is suspended pursuant to this subsection 
shall be subject to the relevant scenic area land use ordinance 
adopted pursuant to section 7 of this Act. 
SEC. 9. LAND ACQUISITION. 
(a) ACQUISITION AUTHORIZED,—(1) The Secretary is authorized to 
acquire any lands or interests therein within the special manage-
ment areas and the Dodson/Warrendale Special Purchase Unit 
which the Secretary determines are needed to achieve the purposes 
of this Act: Provided, That any lands, waters, or interests therein 
owned by either State or any political subdivision thereof may be 
acquired only by donation or exchange. 
(2) Lands within the State of Oregon acquired by the Secretary 
pursuant to this Act shall become part of the Mount Hood National 
Forest. Lands within the State of Wgishington acquired by the 
Secretary pursuant to this section shall become part of the Gifford 
Pinchot National Forest. All lands acquired by the Secretary pursu-
ant to this Act shall be subject to the laws and regulations pertain-
ing to the National Forest System and this Act. 
(b) LIMITATIONS ON EMINENT DOMAIN.— 
(1) Where authorized in subsection (a) of this section to ac-
quire land or interests therein without the consent of the owner, 
the Secretary shall— 
(A) acquire only such land or interests therein as is 
reasonably necessary to accomplish the purposes of this 
Act; and 
(B) do so only in cases where all reasonable efforts to 
acquire with the consent of the owner such lands, or in-
terests therein, have failed. 
(2) Notwithstanding the provisions of subsection (a) of this 
section, the Secretary may not acquire without the consent of 
the owner lands or interests therein which— 
(A) on the date of enactment of this Act, were used 
primarily for educational, religious, or charitable purposes, 
single-family residential purposes, farming, or grazing so 
long as the existing character of that use is not substan-
tially changed or permitted for change; 
16 u s e 544g. 
State and local 
governments. 
Gifts and 
property. 
National Forest 
System. 
100 STAT. 4288 
PUBLIC LAW 99-663—NOV. 17, 1986 
Indians. 
Forests and 
forest products. 
Reports. 
Forests and 
forest products. 
Public lands. 
(B) are located in counties with land use ordinances in 
which the Secretary has concurred pursuant to section 8 of 
this Act, unless such lands are being used, or are in im-
minent danger of being used, in a manner incompatible 
with such ordinances; 
(C) are within the boundaries of the Dodson/Warrendale 
Special Purchase Unit; or 
' 
(D) are owned by an Indian tribe, held in trust by the 
United States for an Indian tribe or member of an Indian 
tribe, or otherwise administered by the United States for 
the benefit of an Indian tribe or member of an Indian tribe. 
(c) HARDSHIP CASES.—In exercising authority to acquire lands 
pursuant to this section the Secretary shall give prompt and careful 
consideration to any offer made by any person or entity owning any 
land, or interest in land, within the boundaries of a special manage-
ment area. In considering such offer, the Secretary shall take into 
consideration any hardship to the owner which might result from 
any undue delay in acquiring the property. 
(d) LAND EXCHANGES.—(1) The Secretary is authorized and di-
rected, in conformance with the provisions of this subsection, to 
acquire by exchange any parcel of unimproved forest land at least 
forty acres in size within the boundaries of the special management 
areas which is owned by any private forest land owner if, after 
enactment of this Act but within one hundred and eighty days after 
final adoption of the management plan, such private forest land 
owner offers to the United States such parcel of forest land. 
(2) In exercising this authority to acquire forest lands pursuant to 
this subsection, the Secretary may accept title to such lands and 
convey to the owner federally owned lands deemed appropriate by 
the Secretary within the States of Oregon and Washington, regard-
less of the State in which the transferred lands are located. Forest 
lands exchanged pursuant to this subsection shall be of approxi-
mately equal value: Provided, That the Secretary may accept cash 
from or pay cash to the grantor in such an exchange in order to 
equalize minor differences in the values of the properties exchanged: 
Provided further, That the Secretary may reserve in any conveyance 
pursuant to this subsection such easements, subsurface rights, and 
any other interests in land deemed necessary or desirable: 
Provided further. That the valuation of lands exchanged shall be 
determined in terms of forest uses for timber. 
(3) It is the intention of Congress that land exchanges pursuant to 
this subsection shall be completed no later than five years after the 
date of enactment of this Act. No later than sixty days after the 
enactment of this Act, and every one hundred and eighty days there-
after, the Secretary shall report in writing to the Committee on 
Energy and Natural Resources of the United States Senate and the 
Committees on Agriculture and Interior and Insular Affairs of the 
United States House of Representatives, on the status of negotia-
tions with owners of non-Federal lands to effect the exchanges 
authorized by this subsection. 
(4) In the event that exchanges authorized by this section leave 
any private forest land owner with ownership of an uneconomic 
remnant of forest land contiguous to a special management area, 
the Secretary is authorized to acquire such forest lands as if they 
were within the boundaries of a special management area. 
(5) The following-described Federal lands and interests therein are 
hereby identified as candidate lands for exchanges conducted pursu-
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4289 
ant to this section: Provided, That the determination of which 
candidate lands will be exchanged, and in what sequence, shall be at 
the discretion of the Secretary. Subject to valid existing rights, such 
lands are hereby withdrawn from all forms of entry or appropria-
tion or disposal under the public land laws, and from location, entry, 
and patent under the United States mining law, and from disposi-
tion under all laws pertaining to mineral and geothermal leasing 
and all amendments thereto until the Secretary determines such 
lands are no longer needed to complete exchanges authorized by this 
section: Provided, That such period shall not extend beyond five 
years: 
GIFFORD PINCHOT NATIONAL FOREST 
Wind River-Panther Creek Area 
Approx. 
Section 
35 
36 
430 acres. 
Township 
4N 
4N 
Range 
7E 
7E 
South Swift Area 
Approx. 
Approx. 
Section 
13 
23 
•..'-rt 
1 7 
18 
1,920 acres. 
.
:
*
;
;
; 
Section 
6 
7 
18 
30 
2,560 acres. 
Township 
6N 
6N 
i r 
6N 
6N 
National Area 
Township 
14N 
14N 
14N 
14N 
Range 
5E 
5E 
6E 
6E 
Range 
7E 
7E 
7E 
7E 
Buck Creek-Willard Area 
— • - • 
Section 
16 
1 
2 
3 
10 
11 
12 
15 
21 
Township 
3N 
4N 
4N 
4N 
4N 
4N 
4N 
4N 
4N 
Range 
9E 
9E 
9E 
9E 
9E 
9E 
9E 
9E 
9E 
100 STAT. 4290 
PUBLIC LAW 99-663—NOV. 17, 1986 
f 
J 
' 
, 
.
t 
• 
X ' - . 
l i i 
••-. • 
. ' 
. " " • : • 
• ,-
t . 
— 
• 
" 
q-
Section 
22 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
6 
7 
5 
e 
7 
8 -
9 
30 
31 
32 
Approx. 14,460 acres. 
Approx. 3,053 
Section 
33 
34 
2 
„ 3 
4 
8 
9 
17 
acres. 
\ 
Section 
21 
28 
Approx. 680 acres. 
Township 
:-.--'• 
!-'-•- 
4N 
• 
4N 
.• . , 
4N 
, 
„^ 
4 N 
'• 
"
*
• 
4N 
4N 
.(- • 
• 
4N 
• 
4N 
• 
4N 
4N 
4N 
4N 
4N 
5N 
5N 
'- 
.' 
5N 
5N 
5N 
,-, 
5N 
•, 
5N 
5N 
SIUSLAW NATIONAL FOREST 
East Beaver Area 
Township 
2S 
2S 
3S 
3S 
3S 
3S 
3S 
38 
iVILLAMETTE NATIONAL FOREST 
Ida-McCoy Area 
Township 
lOS 
lOS 
Range 
9E 
9E ; 
9E 
9E 
9E ' 
.H 9 E ; 
9E 
9E 
9E 
9E 
lOE 
lOE 
IDE 
lOE 
IDE 
IDE 
IDE 
IDE 
V ipE 
idE 
Range 
9W 
9W 
9W 
9W 
9W 
9W 
9W 
9W 
Range 
6E 
6E 
5 
•' 
. -' 
..-(. 
; 
MOUNT HOOD NATIONAL FOREST 
Estacada Area 
Section 
Township 
Range 
15 
4S 
Approx. 560 acres. 
5E 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4291 
Hood River Area 
Section 
4 
36 
31 
2 
3 
4 
5 
6 
Approx. 5,800 acres. 
Township 
IN 
IN 
IN 
IS 
IS 
IS 
IS 
IS 
Range 
9E 
lOE 
HE 
9E 
9E 
9E 
9E 
9E 
Zig-Zag Area 
Section 
22 
29 
Approx. 280 acres. 
Total acreage: 29,743. 
Township 
2S 
2S 
Range 
7E 
7E 
(e) BOUNDARIES.—For the purposes of section 7 of the Land and Effective date. 
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the bound-
aries of the scenic area, including special management areas and the 
Dodson/Warrendale Special Purchase Unit shall be treated as if 
they were within the boundaries of the Mount Hood or Gifford 
Pinchot National Forests as of January 1,1965. 
SEC. 10. INTERIM MANAGEMENT. 
16 USC 544h. 
(a) INTERIM GUIDANCES.—(1) Within one hundred and eighty days 
after the date of enactment of this Act, the Secretary shall develop 
interim guidelines for the scenic area outside urban areas to identify 
land use activities which are inconsistent with this Act and to 
govern the authority to acquire land without the consent of the 
owner provided by subsection (b) of this section. The Secretary shall 
promptly notify the public of adoption of the interim guidelines and 
transmit the guidelines to each county. Guidelines adopted by the 
Secretary pursuant to this subsection shall remain in effect for each 
county until the Secretary has developed guidelines for the special 
management areas pursuant to section 8 of this Act and the land 
use ordinances prescribed by section 7 are in effect. 
(b) INTERIM ACQUISITION AUTHORITY AND INJUNCTIVE REUEF.— 
it 
Prior to the concurrence by the Secretary of land use ordinances 
prescribed by section 8 of this Act and the approval by the Commis-
sion of land use ordinances prescribed by section 7 of this Act, the 
following authorities are granted: 
(1) The Secretary may acquire by condemnation any land or 
interest which is being used or threatened to be used in a 
manner inconsistent with the purposes for which the scenic 
area was established and which will cause or is likely to cause 
impacts adversely affecting the scenic, cultural, recreation, and 
natural resources of the scenic area: Provided, That no lands or 
interests therein can be acquired by condemnation pursuant to 
100 STAT. 4292 
PUBLIC LAW 99-663—NOV. 17, 1986 
=-6b 
••'i^'ftS 
State and local 
governments. 
Grants. 
16 u s e 5441. 
Loans. 
Loans. 
this section if used in the same manner and for the same 
purposes as used on the effective date of this Act, unless such 
land is used for or interest is in the development of sand, gravel, 
or crushed rock, or the disposal of refuse: Provided further, That 
within thirty days of the filing by the Secretary of a complaint 
for condemnation of any land or interest in the scenic area, 
outside of the special management areas and urban areas, the 
Commission, by a vote of two-thirds of its membership including 
a majority of the members appointed from each State, or if the 
Commission is not in existence the Governor of the State in 
which the land or interest is located, may disapprove such 
proposed complaint. 
(2) Upon or after the commencement of any action for con-
demnation pursuant to this subsection, the Secretary, acting 
through the Attorney General of the United States, may apply 
to the appropriate United States District Court for a temporary 
restraining order or injunction to prohibit the use of any prop-
erty within the scenic area, but outside of urban areas, which 
will cause or is likely to cause impacts adversely affecting the 
scenic, cultural, recreation and natural resources of the scenic 
area or is otherwise inconsistent with the purposes for which 
the scenic area was established. During the period of such order 
or injunction, the Secretary shall diligently and in good faith 
negotiate with the owner of the property to assure that, follow-
"; 
ing termination of the order or injunction, the inconsistent use 
'S 
is abated or the adverse effect is mitigated. 
(c) REVIEW OF DEVELOPMENT ACTION.—Prior to the effective date 
of a land use ordinance for each county pursuant to section 7 of this 
Act, and concurrence of the Secretary on a land use ordinance for 
each county pursuant to section 8 of this Act, the Commission shall 
review all proposals for major development actions and new residen-
tial development in such county in the scenic area, except urban 
areas. The Commission shall allow major development actions and 
new residential development only if it determines that such develop-
ment is consistent with the standards contained in section 6 and the 
purposes of this Act. 
SEC. n . ECONOMIC DEVELOPMENT. 
' 
(a) ECONOMIC DEVELOPMENT PLAN.—Based on 
the 
Economic 
Opportunity Study and other appropriate information, each State, 
in consultation with the counties and the Commission, shall develop 
a plan for economic development projects for which grants under 
this section may be used in a manner consistent with this Act. 
(b) FUNDS PROVIDED TO STATES FOR GRANTS.—Upon certification of 
the management plan, and receipt of a plan referred to in subsection 
(a) of this section, the Secretary shall provide $5,000,000 to each 
State which each State shall use to make grants and loans for 
economic development projects that further the purposes of this Act. 
(c) CONDITIONS OF GRANTS.—Each State making grants under this 
section shall require as a condition of a grant that— 
(1) all activities undertaken under the grant are certified by 
-
V 
the Commission as being consistent with the purposes of the 
' 
Act, the management plan, and land use ordinances adopted 
^^ 
pursuant to this Act; 
'
>
^ 
(2) grants and loans are not used to relocate a business from 
one community to another; 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4293 
(3) grants and loans are not used for program administration; 
and 
(4) grants and loans are used only in counties which have in 
effect land use ordinances found consistent by the Commission 
and concurred on by the Secretary pursuant to section 8 of this 
Act. 
(d) REPORT.—Each State shsdl— 
(1) prepare and provide the Secretary with an annual report 
to the Secretary on the use of the funds made available under 
this section; 
(2) make available to the Secretary and to the Commission, 
upon request, all accounts, financial records, and other informa-
tion related to grants and loans made available pursuant to this 
section; and 
(3) as loans are repaid, make additional gremts and loans with 
the money made available for obligation by such repajrments. 
SEC. 12. OLD COLUMBIA RIVER HIGHWAY. 
The Oregon Department of Transportation shall, in consultation 
with the Secretary and the Commission, the State of Oregon and the 
counties and cities in which the Old Columbia River Highway is 
located, prepare a program and undertake efforts to preserve and 
restore the continuity and historic integrity of the remaining seg-
ments of the Old Columbia River Highway for public use as a 
Historic Road, including recreation trails to connect intact and 
usable segments. 
SEC. 13. TRIBUTARY RIVERS AND STREAMS. 
(a) WATER RESOURCES PROJECTS.—The following rivers and 
streams shall be subject to the same restrictions on the licensing, 
permitting, and exempting from licensing and the construction of 
water resource projects as provided for components of the National 
Wild and Scenic Rivers System pursuant to section 7(a) of the Wild 
and Scenic Rivers Act (16 U.S.C. 1278(a)): 
(1) any tributary river or stre£im to the Columbia River not 
designated in subsections (c) or (d) of this section or otherwise 
specified in this subsection which flows in whole or in part 
through a special management area, unless the construction of 
a water resources project would not have a direct and adverse 
effect on the scenic, cultural, recreation, and natural resources 
of the scenic area; 
(2) any river or river segment which flows in whole or in part 
through the scenic area and which is established pursuant to 
State law as a wild, scenic, or recreation river or which is under 
study pursuant to State law for the potential inclusion in any 
such State protected river system, unless such project or 
projects meet terms and conditions set by State agencies exercis-
ing administration over such river or river segment; 
(3) the Wind River, Washington, for a period not less than 
. • fi three years following the later of— 
(A) final approval of the Gifford Pinchot National Forest 
Plan, adopted pursuant to the National Forest Manage-
- ^, 
ment Act of 1976 (Act of October 22, 1976, Public Law 
94-588, as amended) (16 U.S.C. 1600 et seq.); or 
(B) submittal by the Secretary of a report to the President 
on the suitability or nonsuitability for addition to the na-
tional wild and scenic rivers system and a report by the 
Loans. 
Grants. 
Records. 
16 u s e 544j. 
Historic 
preservation. 
16 u s e 544k. 
ir.'f ')r.'-j 
().: 
i-;:bnl 
State and local 
governments. 
Reports. 
President of U.S. 
100 STAT. 4294 
PUBLIC LAW 99-663—NOV. 17, 1986 
Indians. 
16 use 544k. 
16 use 1274. 
.ii-t.^ 
16 use 1276. 
Indians. 
16 use 544/. 
President to the Congress of recommendations and propos-
als with respect to the designation of such river under the 
Wild and Scenic Rivers Act; 
(4) the Hood River, Oregon, for a period not to exceed twenty 
years from the date of enactment of this Act, if such facility 
impounds or diverts water other than by means of a dam or 
diversion existing as of date of enactment of this Act; and 
(5) the segment of the Little White Salmon, Washington, from 
the Willard National Fish Hatchery to its confluence with the 
Columbia River if such facility impounds or diverts water other 
than by means of a dam or diversion existing as of date of 
enactment of this Act. 
(b) The provisions of subsection (a) shall not apply to those por-
tions of tributary rivers or streams to the Columbia River which 
flow through or border on Indian reservations. Nothing in this 
section shall apply to or affect any segment of any river designated 
as a wild and scenic river under section 3 of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274) or any river designated for study under 
section 5 of such Act (16 U.S.C. 1276). 
(c) WILD AND SCENIC RIVER DESIGNATIONS.—Section 3(a) of the 
Wild and Scenic Rivers Act (Public Law 90-542, Act of October 2, 
1968, 82 Stat. 910, as amended) is further amended by adding the 
following new subsections: 
"( ) Klickitat, Washington: The segment from its confluence with 
Wheeler Creek, Washington, near the town of Pitt, Washington, to 
its confluence with the Columbia River; to be classified as a recre-
ation river and to be administered by the Secretary of Agriculture. 
"( ) White Salmon, Washington: The segment from its confluence 
with Gilmer Creek, Washington, near the town of B Z Corner, 
Washington, to its confluence with Buck Creek, Washington; to be 
classified as a scenic river and to be administered by the Secretary 
of Agriculture.". 
(d) WILD AND SCENIC RIVER STUDIES.—Section 5(a) of the Wild and 
Scenic Rivers Act (Public Law 90-542, Act of October 2, 1968, 82 
Stat. 910, as amended) is further amended by adding the following 
new subsections: 
"( ) Klickitat, Washington: The segment from the southern 
boundary of the Yakima Indian Reservation, Washington, as de-
scribed in the Treaty with the Yakimas of 1855 (12 Stat. 951), and as 
acknowledged by the Indian Claims Commission in Yakima Tribe of 
Indians v. U.S., 16 Ind. CI. Comm. 536 (1966), to its confluence with 
the Little Klickitat River, Washington: Provided, That said study 
shall be carried on in consultation with the Yakima Indian Nation 
and shall include a determination of the degree to which the 
Yakima Indian Nation should participate in the preservation and 
administration of the river segment should it be proposed for inclu-
sion in the Wild and Scenic Rivers system. 
"( ) White Salmon, Washington: The segment from its confluence 
with Trout Lake Creek, Washington, to its confluence with Gilmer 
Creek, Washington, near the town of B Z Corner, Washington.". 
SEC. 14. IMPLEMENTATION MEASURES. 
(a) ASSISTANCE TO COUNTIES.—The Secretary shall provide tech-
nical assistance on a nonreimbursable basis to counties for the 
development of land use ordinances prescribed by sections 7 and 8 of 
this Act: Provided, That in the event a county fails to obtain 
approval by the Commission for a land use ordinance within three 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4295 
years after the date technical assistance is first provided under this 
subsection for the development of a land use ordinance, the Sec-
retary shall terminate all technical assistance for any participation 
in the development of such ordinance. 
(b) PAYMENT OF TIMBER RECEIPTS.—(1) Notwithstanding the provi-
sions of the last paragraph under the heading "Forest Service" of 
the Act of May 23, 1908 (c. 192, 35 Stat. 251, as amended; 16 U.S.C. 
500), and of section 13 of the Act of March 1, 1911 (c. 186, 36 Stat. 
961, as amended; 16 U.S.C. 500), that portion of which is paid under 
such provisions to the State of Oregon with respect to the special 
management areas within the Mount Hood National Forest, the 
Gates of the Columbia Gorge Special Management Area, Mount 
Hood National Forest, and to the State of Washington with respect 
to the special management areas within the Gifford Pinchot 
National Forest— 
(A) not less than 50 per centum shall be expended for the 
benefit of the public schools of the county which has adopted 
sc' 
implementation measures pursuant to this Act; and 
(B) the remainder shall be expended for the benefit of public 
roads or any public purposes of any county which has adopted 
implementation measures pursuant to this Act. 
(2) Paragraph (1) of this subsection shall not apply— 
(A) to any amount paid by the Secretary of the Treasury 
under the provisions of law referred to in subsection (bXD at the 
end of any fiscal year ending before the date of enactment of 
this Act; or 
(B) for a particular county, if the county does not have in 
effect a land use ordinance which has been found consistent by 
the Commission and concurred on by the Secretary pursuant to 
section 8 of this Act. 
(c) PAYMENTS TO LOCAL GOVERNMENTS.—(1) Subject to section 160)) 
of this Act, in the case of any land or interest therein acquired by 
the Secretary pursuant to section 9, which was subject to local real 
property taxes within the five years preceding such acquisition and 
which is located in a county which has in effect a land use ordinance 
which has been found consistent by the Commission and concurred 
on by the Secretary pursuant to section 8, the Secretary is au-
thorized and directed to make annual payments to the county in 
which such lands are located in an amount equal to 1 per centum of 
the fair market value of such land or interest therein on the date of 
acquisition by the Secretary. 
(2) Notwithstanding paragraph (1) of this subsection, any payment 
made for any fiscal year to a county pursuant to this subsection 
shall not exceed the amount of real property taxes assessed and 
levied on such property during the last full fiscal year before the 
fiscal year in which such land or interest therein was acquired by 
the Secretary. 
(3) No payment shall be made under this subsection with respect 
to any land or interest therein after the fifth full fiscal year 
beginning after the first fiscal year in which such a payment was 
made with respect to such land or interest therein. 
(d) FEDERAL CONSISTENCY.—Except as otherwise provided in 
subsection (e) or in section 17 of this Act, Federal agencies having 
responsibilities within the scenic area shall exercise such respon-
sibilities consistent with the provisions of this Act as determined by 
the Secretary. 
Schools and 
colleges. 
Real property. 
Taxes. 
100 STAT. 4296 
PUBLIC LAW 99-663—NOV. 17, 1986 
Taxes. 
30 u s e 181 note. 
31 u s e 6901 et 
seq. 
Rivers and 
harbors. 
Public buildings 
and grounds. 
Defense and 
national 
security. 
Fish and fishing. 
Wildlife. 
(e) LIMITATIONS ON FEDERAL EXPENDITURES AFFECTING THE SCENIC 
AREA.—(1) Except as provided in paragraph (3), if the Commission 
has not been established pursuant to section 5 within fifteen months 
after the date of enactment of this Act, or is otherwise disestablished 
for any reason, no new expenditures or new financial assistance 
may be made available, and no new license or new permit, or 
exemption from a license or permit requirement, shall be issued, 
under authority of any Federal law for any activity within the 
scenic area, excluding urban areas, which the Secretary, determines 
is inconsistent with any implementation measure pursuant to, the 
standards established in section 6(b) of, or the purposes of this Act. 
(2)(A)(i) An expenditure or financial assistance made available 
under authority of Federal law shall be treated, for purposes of this 
subsection, as a new expenditure or new financial assistance if— 
(I) in any case with respect to which specific appropriations 
are required, no money for construction or purchase was appro-
priated before October 1,1986; or 
(II) no legally binding commitment for the expenditure or 
financial assistance was made before October 1,1986. 
(ii) Payments made to the State pursuant to the following Acts 
shall not be treated as an expenditure or financial assistance for 
purposes of this subsection: the Act of May 23, 1908, (c. 192, 35 Stat. 
251; 16 U.S.C. 500); section 13 of the Act of March 1, 1911 (c. 186, 36 
Stat. 961; 16 U.S.C. 500); the Mineral Lands Leasing Act of 1920; 
chapter 69 of title 31 (relating to payments in lieu of taxes for 
entitlement land); the Act of June 9, 1916 (39 Stat. 218), and the Act 
of Feb. 26,1919 (40 Stat. 1179). 
(B) A license or permit, or exemption from a license or permit 
requirement, shall be treated, for purposes of this subsection, as a 
new license or new permit, or exemption from a license or permit 
requirement, if such license or permit, or exemption from a license 
or permit requirement, was issued on or after October 1, 1986. A 
renewal under similar terms and conditions of a license or permit, 
or exemption from a license or permit requirement, issued before 
October 1,1986, shall not be treated as a new license or new permit, 
or exemption from a license or permit requirement. 
(3) Notwithstanding paragraph (1), the appropriate Federal offi-
cer, after consultation with the Secretary, may make Federal 
expenditures or financial assistance available within the area for 
any of the following: 
(A) The maintenance of existing channel improvements and 
related structures, and including the disposal of dredge mate-
rials related to such improvements. 
(B) The maintenance, replacement, reconstruction, or repair, 
but not the expansion, of publicly owned or publicly operated 
roads, structures, or facilities that are essential links in a larger 
network or system. 
(C) Military activities essential to national security. 
(D) Any of the following actions or projects, but only if the 
making available of expenditures or assistance therefor is 
consistent with the standards in section 6(b) and the purposes of 
this Act: 
(i) Projects for the study, management, protection and 
enhancement of fish and wildlife resources and habitats, 
including, but not limited to, acquisition of fish and wildlife 
; 
habitats and related lands, stabilization projects for fish 
and wildlife habitats, and recreational projects. 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4297 
vfi 
(ii) The establishment, operation, and maintenance of 
air and water navigation aids and devices, and for access 
thereto. 
(iii) Projects under the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 4601-4 through 11) and the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
seq.). 
(iv) Scientific research, including but not limited to aero- Research and 
nautical, atmospheric, space, geologic, marine, fish and development. 
wildlife, and other research, development, and applications. 
(v) Assistance for emergency actions essential to the 
Safety. 
saving of lives and the protection of property and the public 
health and safety, if such actions are performed pursuant to 
sections 305 and 306 of the Disaster Relief Act of 1974 (42 
U.S.C. 5145 and 5146) and section 1362 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4103) and are limited 
to actions that are necessary to alleviate the emergency. 
(vi) The maintenance, replacement, reconstruction, or Public buildings 
repair, but not the expansion, of publicly owned or publicly and grounds. 
operated roads, structures, or facilities. This clause shall 
not apply to roads, structures, or facilities referred to in 
paragraph (3)(B). 
(vii) Nonstructural projects for shoreline stabilization 
that are designed to mimic, enhance, or restore natural 
stabilization systems. 
(4) The Director of the Office of Management and Budget shall, on 
behalf of each Federal agency concerned, make written certification 
that each such agency has complied with the provisions of this 
subsection during each fiscal year beginning after September 30, 
1987. Such certification shall be submitted on an annual basis to the 
House of Representatives and the Senate pursuant to the schedule 
required under the (Congressional Budget and Impoundment Control 
Act of 1974. 
2 use 621 note. 
(5) Nothing contained in this subsection shall be construed as State and local 
indicating an intent on the part of the Congress to change the governments. 
existing relationship of other Federal laws to the law of a State, or a 
political subdivision of a State, or to relieve any person or any 
obligation imposed by any law of any State, or political subdivision 
of a State. No provision of this subsection shall be construed to 
invalidate any provision of State or local law unless there is a direct 
conflict between such provision and the law of the State, or political 
subdivision of the State, so that the two cannot be reconciled or 
consistently stand together. This subsection shall in no way be 
interpreted to interfere with a State's right to protect, rehabilitate, 
preserve, and restore lands within its established boundary. 
(f) TRANSFER OF PUBUC LANDS.—Subject to valid existing rights, 
all public lands within the scenic area administered by the Sec-
retary of the Interior through the Bureau of Land Management are 
hereby transferred without consideration to the jurisdiction of the 
Secretary to be managed as National Forest lands in accordance 
with the provisions of this Act. 
SEC. 15. ENFORCEMENT. 
16 USC 544m. 
(a) ADMINISTRATIVE REMEDIES.— 
(1) COMMISSION ORDERS.—The Commission shall monitor 
activities of counties pursuant to this Act and shall take such 
actions as it determines are necessary to ensure compliance. 
100 STAT. 4298 
PUBLIC LAW 99-663—NOV. 17, 1986 
(2) APPEAL TO THE COMMISSION.—Any person or entity ad-
versely affected by any final action or order of a county relating 
to the implementation of this Act may appeal such action or 
order to the Commission by filing with the Commission within 
thirty days of such action or order, a written petition requesting 
that such action or order be modified, terminated, or set aside. 
(3) CIVIL PENALTIES.—Any person or entity who willfully vio-
2 
lates the management plan or any land use ordinance or any 
implementation measure or any order issued by the Commis-
sion pursuant to this Act may be assessed a civil penalty by the 
:3»as': 
Commission not to exceed $10,000 for each violation. No penalty 
may be assessed under this subsection unless such person or 
entity is given notice and opportunity for a public hearing with 
respect to such violation. The Commission may compromise, 
modify, or remit, with or without conditions, any penalty im-
posed under this subsection, taking into consideration the 
nature and seriousness of the violation and the efforts of the 
violator to remedy the violation in a timely manner. 
"
" 
0?) JUDICIAL REMEDIES.— 
(1) CIVIL ACTIONS TO ENFORCE ACT.—(A) Except as otherwise 
limited by this Act, the Attorney General of the United States 
may, at the request of the Secretary, institute a civil action for 
J 
an injunction or other appropriate order to prevent any person 
or entity from utilizing lands within the special management 
areas in violation of the provisions of this Act, interim guideline 
adopted or other action taken by the Secretary pursuant to this 
Act. 
(B) The Commission, or, at the request of the Commission, or 
the attorney general of Oregon or Washington, may institute a 
civil action for an injunction or other appropriate order to 
prevent any person or entity from utilizing lands within the 
scenic area outside urban areas in violation of the provisions of 
this Act, the management plan, or any land use ordinance or 
„ 
interim guideline adopted or other action taken by the Commis-
sion or any county pursuant to this Act. 
(2) CITIZENS SUITS.—Any person or entity adversely affected 
may commence a civil action to compel compliance with this 
Act— 
^ 
(A) against the Secretary, the Commission or any county 
% 
I, 
where there is alleged a violation of the provisions of this 
' 
Z 
Act, the management plan or any land use ordinance or 
,j 
interim guideline adopted or other action taken by the 
, : 
Secretary, the Commission, or any county pursuant to or 
Commission under this Act; or 
f
. 
(B) against the Secretary, the Commission, or any county 
where there is alleged a failure of the Secretary, the 
3 
Commission or any county to perform any act or duty under 
3. 
this Act which is not discretionary with the Secretary, the 
Cf 
Commission or any county. 
(3) LIMITATION ON BRINGING OF CITIZENS SUITS.—No action 
may be commenced— 
'- 
' 
(A) under paragraph (2)(A) of this subsection— 
(i) prior to sixty days after the plaintiff has given 
tvK,-, >'1 
notice in writing of the alleged violation to the Sec-
•.-'h 
retary, to the Commission, and to the county in which 
• . 
the violation is alleged to have occurred; or 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4299 
(ii) if the Attorney General of the United States, or 
the attorney general of Oregon or Washington, has 
commenced and is diligently prosecuting a civil action 
on the same matter pursuant to paragraph (1) of this 
subsection to require compliance with the management 
plan or any regulations, guidelines, or standards issued 
or other actions taken by the Secretary, the Commis-
sion, or any county pursuant to this Act: Provided, 
That in any such action any person or entity otherwise 
entitled to bring an action pursuant to paragraph (2) of 
this subsection may intervene as a matter of right; or 
(iii) which challenges the consistency of the draft 
management plan with the purposes and standards of 
this Act or with other applicable law prior to the 
certification or adoption of the Management Plan 
pursuant to section 6 of this Act; or 
(B) under paragraph (2)(B) of this subsection prior to sixty 
days after the plaintiff has given notice in writing of such 
action to the Secretary, the Commission, and to the county 
in which the failure to perform any act or duty pursuant to 
this Act is alleged: Provided, That such action may be 
brought immediately after such notification where the vio-
lation or order complained of constitutes an imminent 
threat to the health or safety of the plaintiff or would 
immediately affect a legal interest of the plaintiff. 
(4) JUDICIAL REVIEW.—Any person or entity adversely affected 
b y -
(A) any final action or order of a county, the Commission, 
or the Secretary relating to the implementation of this Act; 
(B) any land use ordinance or interim guideline adopted 
pursuant to this Act; 
(C) any appeal to the Commission pursuant to this sec-
tion; 
(D) any civil penalty assessed by the Commission pursu-
ant to paragraph (a)(3) of this subsection may appeal such 
action or order by filing in any of the courts specified in 
paragraph (5) of this subsection, within sixty days after the 
date of service of such order or within sixty days after such 
action is taken, a written petition requesting such action, 
order, land use ordinance, interim guideline, or appeal 
taken to the Commission be modified, terminated, or set 
aside. 
(5) FEDERAL COURT JURISDICTION.—The United States district 
courts located in the States of Oregon and Weishington shall 
have jurisdiction over— 
(A) any criminal penalty imposed pursuant to 16 U.S.C. 
551, or any other applicable law for violation of any order, 
regulation or other action taken by the Secretary pursuant 
to this Act; 
(B) any civil action brought against the Secretary pursu-
ant to this section; or 
(C) any appeal of any order, regulation, or other action of 
the Secretary taken pursuant to paragraph (4) of this 
subsection. 
(6) STATE COURT JURISDICTION.—The State courts of the States 
<< 
of Oregon and Washington shall have jurisdiction— 
100 STAT. 4300 
PUBLIC LAW 99-663—NOV. 17, 1986 
(A) to review any appeals taken to the Commission pursu-
- • 
ant to subsection (a)(2) of this section; 
(B) over any civil action brought by the Commission 
pursuant to subsection (b)(1) of this section or against the 
Commission, a State, or a county pursuant to subsection 
(b)(2) of this section; 
(C) over any appeal of any order, regulation, or other 
action of the Commission or a county taken pursuant to 
paragraph 4 of this subsection; or 
(D) any civil penalties assessed by the Commission pursu-
ant to subsection (a)(3) of this section. 
16 use 544n. 
SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATIONS.—There are authorized to be appropriated for 
fiscal years after the fiscal year 1986 such sums as are described 
below; 
(1) For the purpose of acquisition of lands, water and interests 
therein pursuant to this Act: $40,000,000: Provided, That of this 
amount no more than $10,000,000 shall be available to acquire 
lands, water, and interests therein pursuant to section 10. Such 
amounts are authorized to be appropriated from amounts cov-
ered into the Land and Water Conservation Fund notwithstand-
ing any allocation, apportionment, or limitation contained in 
the Land and Water Conservation Fund (16 U.S.C. 4601-4 and 
following). 
(2) For the purpose of providing payments to local govern-
ments pursuant to section 14(c): $2,000,000. 
O
b
) There are authorized to be appropriated for fiscal years after 
the fiscal year 1986, effective upon concurrence on the management 
plan pursuant to section 6 of this Act: 
(1) For the purpose of construction of an interpretive center to 
be located in the State of Oregon, and a conference center to be 
located in the State of Washington: $10,000,000. 
(2) For the purpose of construction of recreation facilities 
pursuant to section 7(d): $10,000,000. 
(3) For the purpose of preparing a program and restoring and 
reconstructing the Old Columbia River Scenic Highway, Oregon 
pursuant to section 12 of this Act: $2,800,000. 
(4) For the purpose of providing economic development grants 
pursuant to section 11: $5,000,000 for each State: Provided, That 
funds authorized to be appropriated pursuant to this paragraph 
shall be available for the acquisition of lands and interests 
therein pursuant to section 10 if, at the expiration of three 
years, the States have failed to carry out their respective func-
tion pursuant to section 5 of this Act. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated under subsec-
tions (a)(2) and (b) shall not be made available for any county which 
does not have in effect a land use ordinance which has been found to 
be consistent by the Commission, and concurred on by the Secretary 
as consistent with the management plan pursuant to section 8 of 
this Act. 
SEC. 17. SAVINGS PROVISIONS. 
. 
"/ . 
Indians. 
(a) Nothing in this Act shall— 
16 use 544o. 
(1) affect or modify any treaty or other rights of any Indian 
tribe; 
PUBLIC LAW 99-663—NOV. 17, 1986 
100 STAT. 4301 
Compacts 
between States. 
(2) except as provided in section 13(c), authorize the appro- State and local 
priation or use of water by any Federal, State, or local agency, governments. 
Indian tribe, or any other entity or individual; 
(3) except as provided in section 13(c), affect the rights or 
jurisdictions of the United States, the States, Indian tribes or 
other entities over waters of any river or stream or over any 
ground water resource or affect or interfere with transportation 
activities on any such river or stream; 
(4) except as provided in section 13(c), alter, establish, or affect 
the respective rights of the United States, the States, Indian 
tribes, or any person with respect to any water or water-related 
right; 
(5) alter, amend, repeal, interpret, modify, or be in conflict 
with any interstate compact made by the States before the 
enactment of this Act; 
(6) affect or modify the ability of the Bonneville Power 
Administration to operate, maintain, and modify existing trans-
mission facilities; 
(7) affect lands held in trust by the Secretary of the Interior 
for Indian tribes or individual members of Indian tribes or other 
lands acquired by the Army Corps of Engineers and adminis-
tered by the Secretary of the Interior for the benefit of Indian 
tribes and individual members of Indian tribes; 
(8) affect the laws, rules and regulations pertaining to hunt- Fish and fishing. 
ing and fishing under existing State and Federal laws and 
Indian treaties; 
(9) require any revision or amendment of any forest plan 
adopted pursuant to the National Forest Management Act of 
1976 (Act of October 22, 1976, Public Law 94-588, as amended 
(16 U.S.C. 1600 et seq.)); or 
(10) establish protective perimeters or buffer zpnes around the 
scenic area or each special management area. The fact that 
activities or uses inconsistent with the man£igement directives 
for the scenic area or special management areas can be seen or 
heard from these areas shall not, of itself, preclude such activi-
ties or uses up to the boundaries of the scenic area or special 
management areas. 
(b) Except for the offsite disposal of excavation material, nothing 
in this Act shall be construed to affect or modify the responsibility of 
the United States Army Corps of Engineers to improve navigation 
facilities at Bonneville Dam pursuant to Federal law. 
(c) Except for the management, utilization, or disposal of timber 
resources of non-Federal lands within the special management 
areas, nothing in this Act shall affect the rights and responsibilities 
of non-Federal timber land owners under the Oregon and Washing-
ton Forest Practices Acts or any county regulations which under 
applicable State law supersede such Acts. 
(d) Mandatory language in this Act respecting the powers and 
responsibilities of the Commission shall be interpreted as conditions 
precedent to congressional consent to the interstate compact de-
scribed in section 5 of this Act. 
(e) In the event that the States of Washington and Oregon fail to 
comply with the provisions of section 5 of this Act, the Secretary 
shall not be obligated to take actions which are predicated upon the 
establishment of the Commission. 
(fKl) Actions by the Secretary pursuant to subsections (f), (g), and 
(h) of section 6; subsections (f), (j), (k), and (1) of section 8; section 9; 
Armed Forces. 
Forests and 
forest products. 
100 STAT. 4302 
PUBLIC LAW 99-663—NOV. 17, 1986 
and subsections (a) and (b)(2) of section 10 shall neither be consid-
ered major Federal actions significantly affecting the quality of the 
environment under section 102 of the National Environmental 
Policy Act (42 U.S.C. 4332) nor require the preparation of an 
environmental assessment in accordance with that Act. 
(2) Except as provided in paragraph (1) of this subsection, nothing 
in this Act shall expand, restrict, or otherwise alter the duties of the 
Secretary under the National Environmental Policy Act. 
SEC. 18. SEVERABILITY. 
16 use 544p. 
(a) If any provision of this Act or the application thereof to any 
person. State, Indian tribe, entity, or circumstance is held invalid, 
' 
neither the remainder of this Act, nor the application of any provi-
sions herein to other persons. States, Indian tribes, entities, or 
circumstances, shall be affected thereby. 
Approved November 17, 1986. 
.A~:VK: 
LEGISLATIVE HISTORY—H.R. 5705 (S. 2055): 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Oct. 16, considered and passed House. 
Oct. 17, considered and passed Senate.