{"identifier":"/us/usc/t16/s544","title":16,"num":"\u00a7\u202f544.","heading":"Columbia River Gorge National Scenic Area; definitions","text":"\u00a7\u202f544.\nColumbia River Gorge National Scenic Area; definitions\nAs used in sections 544 to 544p of this title, the term\u2014\n(a) \u201cadversely affect\u201d or \u201cadversely affecting\u201d means, except as used in\n(1) the context of a proposed action;\n(2) the intensity of a proposed action, including the magnitude and duration of an impact and the likelihood of its occurrence;\n(3) the relationship between a proposed action and other similar actions which are individually insignificant but which may have cumulatively significant impacts; and\n(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;\n(b) \u201cagricultural lands\u201d means lands designated as agricultural lands pursuant to\nsection 544d of this title\n(c) \u201cCommission\u201d means the Columbia River Gorge Commission established pursuant to\nsection 544c of this title\n(d) \u201ccounties\u201d means Hood River, Multnomah, and Wasco Counties, Oregon; and Clark, Klickitat, and Skamania Counties, Washington;\n(e) \u201cDodson/Warrendale Special Purchase Unit\u201d means the Dodson/Warrendale Special Purchase Unit established pursuant to\nsection 544b of this title\n(f) \u201cforest lands\u201d means lands designated as forest lands pursuant to\nsection 544d of this title\n(g) \u201cIndian tribes\u201d means the Nez Perce Tribe, the Confederated Tribes and Bands of the Yakima Indian Nation,\n1\n1 See Change of Name notes below.\n(h) \u201cinterim guidelines\u201d means any interim guidelines developed by the Secretary pursuant to\nsection 544h of this title\n(i) \u201cland use ordinance\u201d or \u201cordinance\u201d 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;\n(j) \u201cmajor development actions\u201d means any of the following:\n(1) subdivisions, partitions and short plat proposals;\n(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;\n(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\n(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;\n(k) \u201cmanagement plan\u201d means the scenic area management plan adopted pursuant to\nsection 544d of this title\n(l) \u201copen spaces\u201d means unimproved lands not designated as agricultural lands or forest lands pursuant to\n(1) scenic, cultural, and historic areas;\n(2) fish and wildlife habitat;\n(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;\n(4) ecologically and scientifically significant natural areas;\n(5) outstanding scenic views and sites;\n(6) water areas and wetlands;\n(7) archaeological sites, Indian burial grounds and village sites, historic trails and roads and other areas which are culturally or historically significant;\n(8) potential and existing recreation resources; and\n(9) Federal and State wild, scenic, and recreation waterways;\n(m) \u201crecreation assessment\u201d means the recreation assessment adopted pursuant to\nsection 544d of this title\n(n) \u201cresidential development\u201d means the permitting for siting or construction of any residence or other related major structure;\n(o) \u201cscenic area\u201d means the Columbia River Gorge National Scenic Area established pursuant to\nsection 544b of this title\n(p) \u201cSecretary\u201d means the Secretary of Agriculture;\n(q) \u201cspecial management areas\u201d means areas within the scenic area established pursuant to\nsection 544b of this title\n(r) \u201cStates\u201d means the States of Oregon and Washington; and\n(s) \u201curban areas\u201d means those areas within the scenic area identified as urban areas on the map referred to in\nsection 544b(e) of this title\nsection 544b(f) of this title","url":"https://projectusc.org/usc/t16/s544.html","content":[{"t":"sec","id":"/us/usc/t16/s544","children":[{"t":"num","text":"\u00a7\u202f544."},{"t":"heading","text":"Columbia River Gorge National Scenic Area; definitions","tail":"\n"},{"t":"chapeau","text":"As used in sections 544 to 544p of this title, the term\u2014"},{"t":"subsec","id":"/us/usc/t16/s544/a","children":[{"t":"num","text":"(a)"},{"t":"chapeau","text":" \u201cadversely affect\u201d or \u201cadversely affecting\u201d means, except as used in ","children":[{"t":"ref","text":"section 544m of this title","href":"/us/usc/t16/s544m","tail":", 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\u2014"}]},{"t":"para","id":"/us/usc/t16/s544/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the context of a proposed action;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the intensity of a proposed action, including the magnitude and duration of an impact and the likelihood of its occurrence;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the relationship between a proposed action and other similar actions which are individually insignificant but which may have cumulatively significant impacts; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/b","children":[{"t":"num","text":"(b)"},{"t":"content","text":" \u201cagricultural lands\u201d means lands designated as agricultural lands pursuant to ","children":[{"t":"ref","text":"section 544d of this title","href":"/us/usc/t16/s544d","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/c","children":[{"t":"num","text":"(c)"},{"t":"content","text":" \u201cCommission\u201d means the Columbia River Gorge Commission established pursuant to ","children":[{"t":"ref","text":"section 544c of this title","href":"/us/usc/t16/s544c","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/d","children":[{"t":"num","text":"(d)"},{"t":"content","text":" \u201ccounties\u201d means Hood River, Multnomah, and Wasco Counties, Oregon; and Clark, Klickitat, and Skamania Counties, Washington;","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/e","children":[{"t":"num","text":"(e)"},{"t":"content","text":" \u201cDodson/Warrendale Special Purchase Unit\u201d means the Dodson/Warrendale Special Purchase Unit established pursuant to ","children":[{"t":"ref","text":"section 544b of this title","href":"/us/usc/t16/s544b","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/f","children":[{"t":"num","text":"(f)"},{"t":"content","text":" \u201cforest lands\u201d means lands designated as forest lands pursuant to ","children":[{"t":"ref","text":"section 544d of this title","href":"/us/usc/t16/s544d","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/g","children":[{"t":"num","text":"(g)"},{"t":"content","text":" \u201cIndian tribes\u201d means the Nez Perce Tribe, the Confederated Tribes and Bands of the Yakima Indian Nation,","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee Change of Name notes below."},{"t":"text","text":"\u202fSee Change of Name notes below.","tail":" the Confederated Tribes of the Warm Springs of Oregon, and the Confederated Tribes of the Umatilla Indian Reservation;"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/h","children":[{"t":"num","text":"(h)"},{"t":"content","text":" \u201cinterim guidelines\u201d means any interim guidelines developed by the Secretary pursuant to ","children":[{"t":"ref","text":"section 544h of this title","href":"/us/usc/t16/s544h","tail":", and any amendment, revision, or variance;"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" \u201cland use ordinance\u201d or \u201cordinance\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/j","children":[{"t":"num","text":"(j)"},{"t":"chapeau","text":" \u201cmajor development actions\u201d means any of the following:"},{"t":"para","id":"/us/usc/t16/s544/j/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" subdivisions, partitions and short plat proposals;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/j/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/j/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/j/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/k","children":[{"t":"num","text":"(k)"},{"t":"content","text":" \u201cmanagement plan\u201d means the scenic area management plan adopted pursuant to ","children":[{"t":"ref","text":"section 544d of this title","href":"/us/usc/t16/s544d","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/l","children":[{"t":"num","text":"(l)"},{"t":"chapeau","text":" \u201copen spaces\u201d means unimproved lands not designated as agricultural lands or forest lands pursuant to ","children":[{"t":"ref","text":"section 544d of this title","href":"/us/usc/t16/s544d","tail":" and designated as open space pursuant to "},{"t":"ref","text":"section 544d of this title","href":"/us/usc/t16/s544d","tail":". Open spaces include\u2014"}]},{"t":"para","id":"/us/usc/t16/s544/l/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" scenic, cultural, and historic areas;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/l/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" fish and wildlife habitat;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/l/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/l/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" ecologically and scientifically significant natural areas;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/l/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" outstanding scenic views and sites;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/l/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" water areas and wetlands;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/l/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" archaeological sites, Indian burial grounds and village sites, historic trails and roads and other areas which are culturally or historically significant;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/l/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" potential and existing recreation resources; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s544/l/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" Federal and State wild, scenic, and recreation waterways;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/m","children":[{"t":"num","text":"(m)"},{"t":"content","text":" \u201crecreation assessment\u201d means the recreation assessment adopted pursuant to ","children":[{"t":"ref","text":"section 544d of this title","href":"/us/usc/t16/s544d","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/n","children":[{"t":"num","text":"(n)"},{"t":"content","text":" \u201cresidential development\u201d means the permitting for siting or construction of any residence or other related major structure;","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/o","children":[{"t":"num","text":"(o)"},{"t":"content","text":" \u201cscenic area\u201d means the Columbia River Gorge National Scenic Area established pursuant to ","children":[{"t":"ref","text":"section 544b of this title","href":"/us/usc/t16/s544b","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/p","children":[{"t":"num","text":"(p)"},{"t":"content","text":" \u201cSecretary\u201d means the Secretary of Agriculture;","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/q","children":[{"t":"num","text":"(q)"},{"t":"content","text":" \u201cspecial management areas\u201d means areas within the scenic area established pursuant to ","children":[{"t":"ref","text":"section 544b of this title","href":"/us/usc/t16/s544b","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/r","children":[{"t":"num","text":"(r)"},{"t":"content","text":" \u201cStates\u201d means the States of Oregon and Washington; and","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s544/s","children":[{"t":"num","text":"(s)"},{"t":"content","text":" \u201curban areas\u201d means those areas within the scenic area identified as urban areas on the map referred to in ","children":[{"t":"ref","text":"section 544b(e) of this title","href":"/us/usc/t16/s544b/e","tail":" or within the boundaries of an urban area as revised pursuant to "},{"t":"ref","text":"section 544b(f) of this title","href":"/us/usc/t16/s544b/f","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}