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Gorge commission adopts post‑disaster replacement amendments, adds treaty‑rights and cultural‑resource safeguards
Summary
The Columbia River Gorge Commission unanimously adopted amendments to its management plan to speed post‑disaster rebuilding while adding explicit treaty‑rights and cultural‑resource review triggers after tribal consultation and a commitment from the U.S. Forest Service to prioritize archaeological reviews.
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The Columbia River Gorge Commission voted unanimously to adopt amendments to its management plan designed to accelerate post‑disaster rebuilding while preserving treaty rights and protecting cultural resources.
Commissioner Valerie Fowler moved to adopt the amendment as revised by staff; Commissioner Roger Nichols seconded. The roll call vote was 11–0 in favor. Under the motion, staff will prepare a final order for the chair’s signature and submit the amendment to the Secretary of Agriculture for concurrence; counties were directed to amend their National Scenic Area land‑use ordinances to implement the change once the secretary concurs.
The amendments create an expedited review track for many post‑disaster replacement projects while making two protections explicit: tribes will have the opportunity to assert treaty‑rights concerns that pause expedited review, and cultural‑resource review thresholds were clarified for General Management Area (GMA) and Special Management Area (SMA) lands.
Jeff Litwack, the commission staff lead on the proposal, told commissioners that when the Forest Service provides SMA standards they must be incorporated without change, but the commission may set policies for GMA lands. He said staff had revised the draft to address consultation feedback and added a provision (guideline 3.h) that if a tribe raises a treaty‑rights issue the expedited review stops and the application proceeds under the standard process.
“Those provisions protect cultural resources by requiring a cultural‑resource review where there would be new ground disturbance,” Litwack said, summarizing staff edits and the 500‑foot/100‑foot distance thresholds that trigger more intensive review in some cases.
Mark Smith, the historic‑preservation officer for the Confederated Tribes of Warm Springs, told the commission the tribe supports expedited procedures only where they do not compromise treaty‑protected resources. “We do not support expedited review for post‑disaster replacements that change location, size or height from the original, or for relocating underground septic systems,” Smith said, urging full review where new disturbance may uncover previously unsurveyed cultural resources.
Casey, the U.S. Forest Service representative, confirmed the agency intends to recommend the amendment to the secretary and said cultural‑resource staff have been directed to prioritize disaster response: “Every proposal that has come in, I’ve personally directed our cultural‑resource staff to move to the top of our list,” Casey said, adding that many reviews can be a relatively quick map exercise and that surveys are expedited when required.
Commissioners pressed staff on implementation details before voting. Commissioner Amy Weisfeld asked whether the commission had a GIS inventory that documents pre‑disaster structures so staff can determine whether a rebuild remains within the allowable 10% footprint change; staff replied that an inventory exists for the recent fires—82 homes and structures across 30 properties—and that staff maintain lists of affected property owners.
Commissioner Roger Nichols, representing Wasco County, read a prepared statement outlining the human and property toll of recent fires and urged the commission to act to enable recovery. “Many victims lost everything,” he said, citing evacuations and hundreds of structures damaged or destroyed.
Supporters framed the package as a pragmatic balance: it provides expedited pathways for rebuilding while retaining procedural protections for tribal rights and cultural resources. Commissioners and staff said the amendments are a first step and signaled that broader plan revisions and resource coordination will follow in the next plan‑review cycle.
The commission paused its meeting for a break after the vote. Next steps include finalizing the order for the chair to sign and submitting the amendment for Secretary of Agriculture concurrence, after which counties will take local ordinance actions to apply the new rules.
