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U.S. Code as of:
01/19/04
Section 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.
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