Sec. 2. Columbia River Gorge National Scenic Area; definitions (16 U.S.C. 544)

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 -

(I) 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 Coininission 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) "DodsodWarrendale Special Purchase Unit" means the DodsodWarrendale 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:

(I) 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;

(0) "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.)