16 U.S.C. § 544 — Columbia River Gorge National Scenic

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 action, in- cluding the magnitude and duration of an impact and the likelihood of its occurrence; (3) the relationship between a proposed ac- tion and other similar actions which are in- dividually 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 sig- nificant affects to an insignificant level; (b) ‘‘agricultural lands’’ means lands des- ignated as agricultural lands pursuant to sec- tion 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, Mult- nomah, 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 Yakima Indian Nation,1 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 pursu- ant 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 ordi- nance; (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 residen- tial, industrial or commercial facilities, ex- cept such facilities as are included in the recreation assessment; (3) the exploration, development and pro- duction of mineral resources unless such ex- ploration, 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 with- in a special management area of any resi- dence 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 spe- cies pursuant to State or Federal Endan- gered Species Acts; (4) ecologically and scientifically signifi- cant 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; Page 1020 TITLE 16—CONSERVATION § 544a 1 So in original. Probably should be ‘‘Willamette’’. (8) potential and existing recreation re- sources; 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 pursu- ant to section 544b of this title; (p) ‘‘Secretary’’ means the Secretary of Ag- riculture; (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, § 2, Nov. 17, 1986, 100 Stat. 4274.) Editorial Notes REFERENCES IN TEXT Federal Endangered Species Acts, referred to in sub- sec. (l)(3), are classified principally to chapter 35 (§ 1531 et seq.) of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 103–435, §17, Nov. 2, 1994, 108 Stat. 4573, pro- vided that: ‘‘(a) 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’. ‘‘(b) 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 ‘Confed- erated Tribes and Bands of the Yakama Indian Na- tion’.’’ Pub. L. 103–434, title XII, § 1204(g), Oct. 31, 1994, 108 Stat. 4557, as amended by Pub. L. 116–9, title VIII, § 8204(a), Mar. 12, 2019, 133 Stat. 819, provided that: ‘‘(1) 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’. ‘‘(2) REFERENCES.—Any reference in a law, map, regu- lation, 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, § 1, Nov. 17, 1986, 100 Stat. 4274, pro- vided that: ‘‘This Act [enacting this section and sec- tions 544a to 544p of this title and amending sections 1274 and 1276 of this title] may be referred to as the ‘Co- lumbia River Gorge National Scenic Area Act’.’’ § 544a. Purposes The purposes of sections 544 to 544p of this title are— (1) to establish a national scenic area to pro- tect and provide for the enhancement of the scenic, cultural, recreational, and natural re- sources of the Columbia River Gorge; and (2) to protect and support the economy of the Columbia River Gorge area by encouraging growth to occur in existing urban areas and by allowing future economic development in a manner that is consistent with paragraph (1). (Pub. L. 99–663, § 3, Nov. 17, 1986, 100 Stat. 4276.) § 544b. Establishment of scenic area (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 sub- paragraph (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 Commis- sion 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 1⁄2 of Section 16, Township 1 North, Range 4 East, and the North 1⁄2 of Section 21, Township 1 North, Range 4 East, Willamete 1 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 ‘‘Spe- cial Management Areas’’: Gates of the Columbia River Gorge; Wind Mountain; Burdoin Moun- tain; 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, Colum- bia River Gorge National Scenic Area’’, num- bered 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 Serv- ice; and (B) shall include all islands within the boundaries of the scenic area. (3) MODIFICATION OF BOUNDARIES.—The bound- aries of the special management areas are modi- fied as depicted on a map dated September 20, 2000, which shall be on file and available for pub- lic inspection in the office of the Chief of the Forest Service in Washington, District of Co- lumbia, and copies shall be available in the of- fice of the Commission, and the headquarters of the scenic area.