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16 U.S.C. § 544 — Columbia River Gorge National Scenic Area; definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544m&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim);
**(c)** “Commission” means the Columbia River Gorge Commission established pursuant to [section 544c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544c&num=0&edition=prelim);
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b&num=0&edition=prelim);
**(f)*
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Stable record: federal_law:legal_authorities:record_usc_c23843d9d211bc878fb67dc2
Source file: Laws/federal/codes/united-states-code/title-16/section-544-columbia-river-gorge-national-scenic-area-definitions--548f35ae8d.md
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Source location: Title 16, Chapter 2, § 544; chapter-002-national-forests.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544m&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim);
**(c)** “Commission” means the Columbia River Gorge Commission established pursuant to [section 544c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544c&num=0&edition=prelim);
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b&num=0&edition=prelim);
**(f)** “forest lands” means lands designated as forest lands pursuant to [section 544d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim);
**(g)** “Indian tribes” means the Nez Perce Tribe, the Confederated Tribes and Bands of the Yakima Indian Nation,11 See Change of Name notes below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544h&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim);
**(l)** “open spaces” means unimproved lands not designated as agricultural lands or forest lands pursuant to [section 544d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim) and designated as open space pursuant to [section 544d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544d&num=0&edition=prelim);
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b&num=0&edition=prelim);
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b&num=0&edition=prelim);
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b/e&num=0&edition=prelim) or within the boundaries of an urban area as revised pursuant to [section 544b(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544b/f&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Studies** Within one year after the date the Commission is established, it shall, in cooperation with the Secretary, complete the following studies for use in preparing the management plan:
(1) **Resource inventory** — The Commission shall complete a resource inventory. The resource inventory shall—
(A) document all existing land uses, natural features and limitations, scenic, natural, cultural, archaeological and recreation and economic resources and activities: Provided, That the location of any Indian burial grounds, village sites, and other areas of archaeological or religious significance shall not be made public information and such information shall be used for administrative purposes only; and
(B) incorporate without change the resource inventory developed by the Secretary pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) for the special management areas.
(2) **Economic opportunity study** — The Commission shall complete a study to identify opportunities to enhance the economies of communities in the scenic area in a manner consistent with the purposes of sections 544 to 544p of this title.
(3) **Recreation assessment** — The Commission shall complete an assessment of recreation resources and opportunities for enhancement of these resources. The recreation assessment shall—
(A) designate the location and specify the construction of an interpretive center or other appropriate facility, to be located in the State of Oregon, and of a conference center or other appropriate facility, to be located in the State of Washington;
(B) identify areas within the scenic area that are suitable for other public use facilities, including but not limited to education
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National scenic area**
(1) There is hereby established the Columbia River Gorge National Scenic Area.
(2) **Boundaries.—**
(A) *In general.—* — Except as provided in subparagraph (B), the boundaries of the scenic area shall be generally depicted on the map entitled “Boundary Map, Columbia River Gorge National Scenic Area,” numbered NSA–001 sheets 1 and 2, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Service.
(B) *Exclusions.—* — The scenic area shall not include the approximately 29 acres of land owned by the Port of Camas-Washougal in the South ½ of Section 16, Township 1 North, Range 4 East, and the North ½ of Section 21, Township 1 North, Range 4 East, Willamete 11 So in original. Probably should be “Willamette”. Meridian, Clark County, Washington, that consists of—
(i) the approximately 19 acres of Port land acquired from the Corps of Engineers under the Second Supplemental Appropriations Act, 1984 (Public Law 98–396); and
(ii) the approximately 10 acres of adjacent Port land to the west of the land described in clause (i).
**(b) Special management areas**
(1) The following areas within the boundaries of the scenic area are hereby designated “Special Management Areas”: Gates of the Columbia River Gorge; Wind Mountain; Burdoin Mountain; and Rowena.
(2) The boundaries of the special management areas designated by paragraph (1)—
(A) shall be generally depicted on the map entitled “Special Management Areas, Columbia River Gorge National Scenic Area”, numbered SMA–002 sheets 1 through 17, and dated September 1986, which shall be on file and available for public inspection in the offices of the Commission and of the Chief, Forest Service; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative remedies**
(1) **Commission orders** — The Commission shall monitor activities of counties pursuant to sections 544 to 544p of this title and shall take such actions as it determines are necessary to ensure compliance.
(2) **Appeal to the Commission** — Any person or entity adversely affected by any final action or order of a county relating to the implementation of sections 544 to 544p of this title may appeal such action or order to the Commission by filing with the Commission within thirty days of such action or order, a written petition requesting that such action or order be modified, terminated, or set aside.
(3) **Civil penalties** — Any person or entity who willfully violates the management plan or any land use ordinance or any implementation measure or any order issued by the Commission pursuant to sections 544 to 544p of this title may be assessed a civil penalty by the Commission not to exceed $10,000 for each violation. No penalty may be assessed under this subsection unless such person or entity is given notice and opportunity for a public hearing with respect to such violation. The Commission may compromise, modify, or remit, with or without conditions, any penalty imposed under this subsection, taking into consideration the nature and seriousness of the violation and the efforts of the violator to remedy the violation in a timely manner.
**(b) Judicial remedies**
(1) **Civil actions to enforce sections 544 to 544p of this title**
(A) Except as otherwise limited by sections 544 to 544p of this title, the Attorney General of the United States may, at the request of the Secretary, institute a civil action for an injunction or other appropriate order to prevent any person or entity from utilizing lands within the special managemen
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544m
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Interim guidelines**
(1) 11 So in original. No par. (2) has been enacted. Within one hundred eighty days after November 17, 1986, the Secretary shall develop interim guidelines for the scenic area outside urban areas to identify land use activities which are inconsistent with sections 544 to 544p of this title and to govern the authority to acquire land without the consent of the owner provided by subsection (b) of this section. The Secretary shall promptly notify the public of adoption of the interim guidelines and transmit the guidelines to each county. Guidelines adopted by the Secretary pursuant to this subsection shall remain in effect for each county until the Secretary has developed guidelines for the special management areas pursuant to [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) and the land use ordinances prescribed by [section 544e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544e&num=0&edition=prelim) are in effect.
**(b) Interim acquisition authority and injunctive relief** Prior to the concurrence by the Secretary of land use ordinances prescribed by [section 544f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544f&num=0&edition=prelim) and the approval by the Commission of land use ordinances prescribed by [section 544e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section544e&num=0&edition=prelim), the following authorities are granted:
(1) The Secretary may acquire by condemnation any land or interest which is being used or threatened to be used in a manner inconsistent with the purposes for which the scenic area was established and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and membership of Commission**
(1) To achieve the purposes of sections 544 to 544p of this title and to facilitate cooperation among the States of Oregon and Washington, and with the United States of America, the consent of Congress is given for an agreement described in sections 544 to 544p of this title pursuant to which, within one year after November 17, 1986—
(A) the States of Oregon and Washington shall establish by way of an interstate agreement a regional agency known as the Columbia River Gorge Commission, and shall incorporate sections 544 to 544p of this title by specific reference in such agreement. The Commission shall carry out its functions and responsibilities in accordance with the provisions of the interstate agreement and of sections 544 to 544p of this title and shall not be considered an agency or instrumentality of the United States for the purpose of any Federal law;
(B) the States of Oregon and Washington shall provide to the Commission, State agencies, and the counties under State law the authority to carry out their respective functions and responsibilities in accordance with the provisions of paragraph (1)(A) of this subsection; and
(C) the States of Oregon and Washington shall appoint members of the Commission as provided in clauses (i) through (iii), subject to applicable State law: Provided, That the Governor of either State may extend the time for appointment of Commission members ninety days to provide more time for the States and counties to make such appointments. Membership of the Commission shall be as follows:
(i) six members, comprised of one resident from each of the following counties: Hood River, Multnomah, and Wasco Counties, Oregon, and Clark, Klickitat, and Skamania Counties, Washington, to b
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 544c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enumeration of designated rivers** The following rivers are hereby designated for potential addition to the national wild and scenic rivers system:
(1) Allegheny, Pennsylvania: The segment from its mouth to the town of East Brady, Pennsylvania.
(2) Bruneau, Idaho: The entire main stem.
(3) Buffalo, Tennessee: The entire river.
(4) Chattooga, North Carolina, South Carolina, and Georgia: The entire river.
(5) Clarion, Pennsylvania: The segment between Ridgway and its confluence with the Allegheny River.
(6) Delaware, Pennsylvania and New York: The segment from Hancock, New York, to Matamoras, Pennsylvania.
(7) Flathead, Montana: The North Fork from the Canadian border downstream to its confluence with the Middle Fork; the Middle Fork from its headwaters to its confluence with the South Fork; and the South Fork from its origin to Hungry Horse Reservoir.
(8) Gasconade, Missouri: The entire river.
(9) Illinois, Oregon: The entire river.
(10) Little Beaver, Ohio: The segment of the North and Middle Forks of the Little Beaver River in Columbiana County from a point in the vicinity of Negly and Elkton, Ohio, downstream to a point in the vicinity of East Liverpool, Ohio.
(11) Little Miami, Ohio: That segment of the main stem of the river, exclusive of its tributaries, from a point at the Warren-Clermont County line at Loveland, Ohio, upstream to the sources of Little Miami including North Fork.
(12) Maumee, Ohio and Indiana: The main stem from Perrysburg, Ohio, to Fort Wayne, Indiana, exclusive of its tributaries in Ohio and inclusive of its tributaries in Indiana.
(13) Missouri, Montana: The segment between Fort Benton and Ryan Island.
(14) Moyie, Idaho: The segment from the Canadian border to its confluence with the Kootenai River.
(15) Obed, Tennessee: Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1276
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Federal law — U.S. Code and appendices · legal_authorities
Page 1019
TITLE 16—CONSERVATION
§ 544
1 See References in Text note below.
1 See Change of Name notes below.
469, which is classified to sections 1996 and 1996a of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title
note set out under section 1996 of Title 42 and Tables.
§ 543g. Authorization of appropriations
In addition to other amounts available for
such purposes, effective October 1, 1985, there
are hereby authorized to be appropriated such
sums as may be necessary to carry out the pur-
poses of sections 543 to 543h of this title.
(Pub. L. 98–425, title III, § 308, Sept. 28, 1984, 98
Stat. 1638.)
§ 543h. New spending authority
Any new spending authority described in sub-
section (c)(2)(A) or (B) of section 651 1 of title 2
which is provided under sections 543 to 543h of
this title shall be effective for any fiscal year
only to such extent or in such amounts as are
provided in appropriation Acts.
(Pub. L. 98–425, title III, § 309, Sept. 28, 1984, 98
Stat. 1638.)
Editorial Notes
REFERENCES IN TEXT
Section 651 of title 2, referred to in text, was amended
by Pub. L. 105–33, title X, § 10116(a)(3), (5), Aug. 5, 1997,
111 Stat. 691, by striking out subsec. (c) and redesig-
nating former subsec. (d) as (c).
§ 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 affect-
ing’’ 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 act
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 544
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.