Gorge Commission delays vote on amendment, designed to expedite post-fire rebuilding and recovery, to Dec. 16 meeting

However, three of four treaty tribes requested more time to review the language, and the United States Forest Service (USFS) had yet to finalize its portion.

CRGC’s final text outlines what conditions fire-affected homeowners must meet to qualify for a faster review process, like rebuilding to the same size, footprint and height with limited exceptions; allows each parcel a temporary recreational vehicle for housing and a temporary structure for storage; and lengthens the time period to commence construction, among other provisions.

“My thoughts are with the folks who are trying to rebuild their lives,” said Commissioner Valerie Fowler. “A delay of another month would be traumatizing to the folks who have enough trauma in their lives.”

Established by a federal act in 1986, the National Scenic Area (NSA) spans six counties and approximately 293,000 acres. Excluding development within urban boundaries, CRGC oversees land use decisions in that area with USFS, and the act requires that both agencies consult with tribes to protect treaty rights and cultural resources.

CRGC staff considered all public comments submitted before Oct. 22, and the final amendment was relayed to tribes on Nov. 5. Far shorter than the typical 30-day review period provided for development applications and permit decisions, members of the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes and Bands of the Yakama Nation and the Confederated Tribes of the Warm Springs each asked commissioners to delay taking action.

“Frankly, tribal consultation is complete when the tribe says it is, and so our ability to fore a timeline here, by law, is inconsequential,” said Commissioner Nathan Reynolds, who’s held multiple positions with the Cowlitz Indian Tribe. “Our ability to get to the end zone here is based upon our partnership with the tribes and our ability to work together with them to satisfy their comments.”

“I really do understand and want to approve this process for those who are impacted by the fires, but at the same time, I don't know how many times tribal communities have been pushed aside when our needs were not being met,” said Commissioner Carina Miller of Warm Springs in closing.

CRGC’s draft amendment also only addressed one part of the National Scenic Area: the General Management Area (GMA), where a greater variety of uses, including agriculture and limited development, are allowed. Although working in partnership, USFS separately regulates Special Management Areas (SMA), or the most ecologically sensitive and strictly managed land comprising about 40% of the National Scenic Area.

USFS Forest Supervisor for the Columbia River Gorge National Scenic Area, Commissioner Donna Mickley, is responsible for compiling the SMA section. While the proposed changes largely apply to GMA and SMA parcels in the same way, and the majority of burned homes lie in the GMA, she also emphasized that adequate tribal consultation hadn’t occurred yet.

“Meeting the intent of the act has been a concern of mine as we’ve tried to move as quickly as we can through this,” Mickley said. “Meaningful engagement with the tribes means we need to have time to have those conversations.”

The tribal representatives asking for additional time noted how the government shutdown, which Mickley had continued working through, hindered their ability to review the final language. Agriculture Secretary Brooke Rollins, head of USFS’s parent agency, must also approve any amendment to the management plan in addition to CRGC, and the commission’s legal counsel questioned whether Rollins would sign off with outstanding tribal concerns.

As such, all commissioners in attendance opted to postpone the plan amendment vote until their Dec. 16 meeting. Depending on whether changes proposed, if any, by the tribes are “substantive,” CRGC might have to seek additional public comment, but will provide that opportunity during the next meeting regardless of what’s submitted.