§ 544. — Columbia River Gorge National Scenic Area; definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC544]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 544. Columbia River Gorge National Scenic Area; definitions
As used in sections 544 to 544p of this title, the term--
(a) ``adversely affect'' or ``adversely affecting'' means,
except as used in section 544m of this title, a reasonable
likelihood of more than moderate adverse consequences for the
scenic, cultural, recreation 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
magnitude 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
agricultural lands pursuant to section 544d of this title;
(c) ``Commission'' means the Columbia River Gorge Commission
established pursuant to section 544c of this title;
(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 pursuant to
section 544b of this title;
(f) ``forest lands'' means lands designated as forest lands
pursuant to section 544d of this title;
(g) ``Indian tribes'' means the Nez Perce Tribe, the
Confederated Tribes and Bands of the Yakama 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
developed by the Secretary pursuant to section 544h of this title,
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 sections 544 to
544p of this title, 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
recreation assessment;
(3) the exploration, development and production of mineral
resources unless such exploration, development or production can
be conducted without disturbing the surface 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 within the special management areas
used for the production 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 544d of this title;
(l) ``open spaces'' means unimproved lands not designated as
agricultural lands or forest lands pursuant to section 544d of this
title and designated as open space pursuant to section 544d of this
title. Open spaces include--
(1) scenic, cultural, and historic areas;
(2) fish and wildlife habitat;
(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 Endangered
Species Acts;
(4) ecologically and scientifically significant natural
areas;
(5) outstanding scenic views and sites;
(6) water areas and wetlands;
(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
(9) Federal and State wild, scenic, and recreation
waterways;
(m) ``recreation assessment'' means the recreation assessment
adopted pursuant to section 544d of this title;
(n) ``residential development'' means the permitting for siting
or construction of any residence or other related major structure;
(o) ``scenic area'' means the Columbia River Gorge National
Scenic Area established pursuant to section 544b of this title;
(p) ``Secretary'' means the Secretary of Agriculture;
(q) ``special management areas'' means areas within the scenic
area established pursuant to section 544b of this title;
(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 544b(e)
of this title or within the boundaries of an urban area as revised
pursuant to section 544b(f) of this title.
(Pub. L. 99-663, Sec. 2, Nov. 17, 1986, 100 Stat. 4274; Pub. L. 103-435,
Sec. 17(b), Nov. 2, 1994, 108 Stat. 4573.)
References in Text
Federal Endangered Species Acts, referred to in subsec. (l)(3), are
classified principally to chapter 35 (Sec. 1531 et seq.) of this title.
Amendments
1994--Subsec. (g). Pub. L. 103-435 substituted ``Yakama Indian
Nation'' for ``Yakima Indian Nation''.
Short Title
Section 1 of Pub. L. 99-663 provided that: ``This Act [enacting this
section and sections 544a to 544p of this title and amending sections
1274 and 1276 of this title] may be referred to as the `Columbia River
Gorge National Scenic Area Act'.''
Section Referred to in Other Sections
This section is referred to in sections 544a to 544i, 544l to 544p
of this title.
