As used in sections 544 to 544p of this title, the term—
section 544m of this title “adversely affect” or “adversely affecting” means, except as used in , 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—
the context of a proposed action;
the intensity of a proposed action, including the magnitude and duration of an impact and the likelihood of its occurrence;
the relationship between a proposed action and other similar actions which are individually insignificant but which may have cumulatively significant impacts; and
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;
section 544d of this title “agricultural lands” means lands designated as agricultural lands pursuant to ;
section 544c of this title “Commission” means the Columbia River Gorge Commission established pursuant to ;
“counties” means Hood River, Multnomah, and Wasco Counties, Oregon; and Clark, Klickitat, and Skamania Counties, Washington;
section 544b of this title “Dodson/Warrendale Special Purchase Unit” means the Dodson/Warrendale Special Purchase Unit established pursuant to ;
section 544d of this title “forest lands” means lands designated as forest lands pursuant to ;
11 See Change of Name notes below. “Indian tribes” means the Nez Perce Tribe, the Confederated 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;
section 544h of this title “interim guidelines” means any interim guidelines developed by the Secretary pursuant to , and any amendment, revision, or variance;
“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;
“major development actions” means any of the following:
subdivisions, partitions and short plat proposals;
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;
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
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;
section 544d of this title “management plan” means the scenic area management plan adopted pursuant to ;
section 544d of this titlesection 544d of this title “open spaces” means unimproved lands not designated as agricultural lands or forest lands pursuant to and designated as open space pursuant to . Open spaces include—
scenic, cultural, and historic areas;
fish and wildlife habitat;
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;
ecologically and scientifically significant natural areas;
outstanding scenic views and sites;
water areas and wetlands;
archaeological sites, Indian burial grounds and village sites, historic trails and roads and other areas which are culturally or historically significant;
potential and existing recreation resources; and
Federal and State wild, scenic, and recreation waterways;
section 544d of this title “recreation assessment” means the recreation assessment adopted pursuant to ;
“residential development” means the permitting for siting or construction of any residence or other related major structure;
section 544b of this title “scenic area” means the Columbia River Gorge National Scenic Area established pursuant to ;
“Secretary” means the Secretary of Agriculture;
section 544b of this title “special management areas” means areas within the scenic area established pursuant to ;
“States” means the States of Oregon and Washington; and
section 544b(e) of this titlesection 544b(f) of this title “urban areas” means those areas within the scenic area identified as urban areas on the map referred to in or within the boundaries of an urban area as revised pursuant to .
Pub. L. 99–663, § 2100 Stat. 4274(, , .)
Editorial Notes
References in Text
lFederal Endangered Species Acts, referred to in subsec. ()(3), are classified principally to chapter 35 (§ 1531 et seq.) of this title.
Statutory Notes and Related Subsidiaries
Change of Name
Redesignation .—
The Confederated Tribes and Bands of the Yakima Indian Nation shall be known and designated as the ‘Confederated Tribes and Bands of the Yakama Indian Nation’.
References .—
Any reference in a law (including any regulation), map, document, paper, or other record of the United States to Confederated Tribes and Bands of the Yakima Indian Nation referred to in subsection (a) shall be deemed to be a reference to the ‘Confederated Tribes and Bands of the Yakama Indian Nation’.”
Pub. L. 103–434, title XII, § 1204(g)108 Stat. 4557Pub. L. 116–9, title VIII, § 8204(a)133 Stat. 819
Redesignation .—
The Confederated Tribes and Bands of the Yakama Indian Nation shall be known and designated as the ‘Confederated Tribes and Bands of the Yakama Nation’.
References .—
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Confederated Tribes and Bands of the Yakima Indian Nation referred to in subsection (a) shall be deemed to be a reference to the ‘Confederated Tribes and Bands of the Yakama Nation’.”
Short Title
Pub. L. 99–663, § 1100 Stat. 4274
“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’.”
, , , provided that: