
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
