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16 U.S.C. § 460bbb — Findings
Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) the Smith River, undammed and free-flowing from its headwaters to the Pacific Ocean, represents one of the last wholly intact vestiges of an invaluable legacy of wild and scenic rivers;
(2) the Smith River watershed, from the diverse conifer forests of the Siskiyou Mountains and unique botanical communities of the North Fork serpentine to the ancient redwoods along the river’s lower reaches, exhibits a richness of ecological diversity unusual in a basin of its size;
(3) the Smith River watershed’s scenic beauty, renowned anadromous fisheries, exceptional water quality, and abundant wildlife combine with its ready accessibility to offer exceptional opportunities for a wide range of recreational activities, including wilderness, water sports, fishing, hunting, camping, and sightseeing;
(4) careful development and utilization at mutually compatible levels of recreation, fisheries, and timber resources on public lands will ensure the continuation of the Smith River watershed’s historic role as a significant contributor to the region’s local economy; and
(5) protection of the Smith River’s unique values can be enhanced by a cooperative effort by Federal, State and local governments to coordinate land-use planning, management, and development of Federal and non-Federal lands throughout the watershed.
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Stable record: federal_law:legal_authorities:record_usc_44b977b94d448b58aa3eab2e
Source file: Laws/federal/codes/united-states-code/title-16/section-460bbb-findings--97ac59ac40.md
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Source location: Title 16, Chapter 1, § 460bbb; chapter-001-national-parks-military-parks-monuments-and-seashores.md
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The Congress finds that—
(1) the Smith River, undammed and free-flowing from its headwaters to the Pacific Ocean, represents one of the last wholly intact vestiges of an invaluable legacy of wild and scenic rivers;
(2) the Smith River watershed, from the diverse conifer forests of the Siskiyou Mountains and unique botanical communities of the North Fork serpentine to the ancient redwoods along the river’s lower reaches, exhibits a richness of ecological diversity unusual in a basin of its size;
(3) the Smith River watershed’s scenic beauty, renowned anadromous fisheries, exceptional water quality, and abundant wildlife combine with its ready accessibility to offer exceptional opportunities for a wide range of recreational activities, including wilderness, water sports, fishing, hunting, camping, and sightseeing;
(4) careful development and utilization at mutually compatible levels of recreation, fisheries, and timber resources on public lands will ensure the continuation of the Smith River watershed’s historic role as a significant contributor to the region’s local economy; and
(5) protection of the Smith River’s unique values can be enhanced by a cooperative effort by Federal, State and local governments to coordinate land-use planning, management, and development of Federal and non-Federal lands throughout the watershed.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation** The following rivers and the land adjacent thereto are hereby designated as components of the national wild and scenic rivers system:
(1) **Clearwater, Middle Fork, Idaho—** — The Middle Fork from the town of Kooskia upstream to the town of Lowell; the Lochsa River from its junction with the Selway at Lowell forming the Middle Fork, upstream to the Powell Ranger Station; and the Selway River from Lowell upstream to its origin; to be administered by the Secretary of Agriculture.
(2) **Eleventh Point, Missouri—** — The segment of the river extending downstream from Thomasville to State Highway 142; to be administered by the Secretary of Agriculture.
(3) **Feather, California—** — The entire Middle Fork downstream from the confluence of its tributary streams one kilometer south of Beckwourth, California; to be administered by the Secretary of Agriculture.
(4) **Rio Grande, New Mexico—** — The segment extending from the Colorado State line downstream to the State Highway 96 crossing, and the lower four miles of the Red River; to be administered by the Secretary of the Interior.
(5) **Rogue, oregon.—**
(A) *In general.—* — The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President.
(B) *Additions.—* — In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River:
(i) *Kelsey creek.—* — The approximately 6.8-mile segment of Kelsey Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25, Willamette Meridian, to the confluence with th
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1274
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
(1) the term “excluded area” means one of the four areas specifically excluded from the recreation area, as generally depicted on the map referred to in [section 460bbb–2(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460bbb–2/b&num=0&edition=prelim);
(2) the term “forest plan” means the land and resource management plan for the Six Rivers National Forest prepared pursuant to [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim);
(3) the term “recreation area” means the Smith River National Recreation Area established by [section 460bbb–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460bbb-2&num=0&edition=prelim);
(4) the term “Secretary” means the Secretary of Agriculture; and
(5) the term “inner gorge” means the inherently unstable steep slope (65 percent gradient or more) immediately adjacent to the stream or river channel, extending from the channel or recent floodplain to the first significant break in slope (usually 15 percent or more).
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bbb–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities on lands outside of recreation area** Nothing in this subchapter shall limit, restrict, or require specific management practices on lands outside the recreation area boundary. The fact that activities or uses outside the recreation area can be seen, heard, or otherwise perceived within the recreation area shall not, of itself, limit, restrict, or preclude such activities or uses up to the boundary of the recreation area.
**(b) Prior rights**
(1) Nothing in this subchapter shall limit, restrict, or preclude the implementation of valid timber sale contracts or other contracts or agreements executed by the Secretary before November 16, 1990.
(2) Except as specifically provided herein nothing in this subchapter shall be construed as diminishing or relinquishing any right, title, or interest of the United States in any lands, waters, or interests therein within the boundaries of the recreation area designated by this subchapter.
**(c) Road easements** Nothing in this subchapter shall be construed as affecting the responsibilities of the State of California or any of its political subdivisions with respect to road easements, including maintenance and improvement of State Highway 199 and County Route 427.
**(d) Rights of access** Existing rights provided by Federal law for access by private landowners across National Forest System lands shall not be affected by this subchapter.
**(e) Entitlement moneys** Annually for the first two full fiscal years after November 16, 1990, the Secretary shall pay for use by units of local government within the recreation area an amount equal to the difference between the amounts payable for such purposes pursuant to the Act of May 23, 1908 (chapter 193; 35 Stat. 251; [16 U.S.C. 500](https://uscode.house.gov/view.xhtml?re
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bbb–10
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated such funds as may be necessary to carry out this subchapter and the amendments made by this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bbb–11
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For the purposes of ensuring the preservation, protection, enhancement, and interpretation for present and future generations of the Smith River watershed’s outstanding wild and scenic rivers, ecological diversity, and recreation opportunities while providing for the wise use and sustained productivity of its natural resources, there is hereby established the Smith River National Recreation Area.
**(b) Boundaries**
(1) The recreation area shall consist of those lands within the area generally depicted on the map entitled “Proposed Smith River National Recreation Area” and dated July 1990. The map shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture. The Secretary may, by publication of availability of a revised map and after public comment, make corrections or minor changes to the boundary of the recreation area.
(2) The exterior boundary of the recreation area, as generally depicted on the map, shall encompass the recreation area and the four excluded areas.
**(c) Boundary modification** The boundaries of the Six Rivers National Forest are hereby modified as generally depicted on the map referred to in subsection (b). A map and legal description of the boundary of the Six Rivers National Forest as modified by this subsection shall be on file and available for public inspection in the Office of the Chief, Forest Service, and the Office of the Forest Supervisor of the Six Rivers National Forest.
**(d) Transfer** The federally owned lands within the recreation area administered by the Secretary of the Interior on November 16, 1990, comprising approximately 20 acres, are hereby transferred to the jurisdiction of the Secretary of Agriculture and shall be managed in accordance with
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bbb–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall administer the recreation area in accordance with this subchapter and the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes for which the recreation area was established. In administering the recreation area, the Secretary shall, consistent with the applicable area management emphasis provided under subsection (b), undertake the following:
(1) Provide for a broad range of recreation uses and provide recreational and interpretive services and facilities (including trails and campgrounds) for the public.
(2) Provide and maintain adequate public access, including vehicular roads for general recreational activities such as camping, hiking, hunting, and fishing.
(3) Improve the anadromous fishery and water quality, including (but not limited to) stabilizing landslides, improving fish spawning and rearing habitat, and placing appropriate restrictions or limitations on soil disturbing activities.
(4) Permit the use of off-road vehicles only on designated routes.
(5) Provide for public health and safety and for the protection of the recreation area in the event of fire or infestation of insects or disease.
(6) Permit programmed timber harvest only in those management areas where timber harvest is specifically authorized by subsection (b). Timber management in these areas shall incorporate the use of strategies to reduce habitat fragmentation and employ silvicultural prescriptions designed to maintain or enhance biological diversity and wildlife habitats (such as retention of standing green trees, snags, and other coarse woody debris) by providing for a high level of structural and compositional diversity in managed stands.
(7) Permit removal of trees within streamside protection zon
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bbb–3
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisition** The Secretary is authorized to acquire by purchase, donation, exchange, or otherwise lands, waters, or interests therein (including scenic or other easements), and structures or other improvements thereon, within the boundaries of the recreation area as the Secretary determines appropriate for the purposes of this subchapter. In exercising this authority, the Secretary is directed to give prompt and careful consideration to any offer to sell, exchange, or otherwise dispose of such property made by an individual or organization. The Secretary shall not acquire any land or interest in land owned by the State of California or any of its political subdivisions within the recreation area except by donation or exchange. All lands acquired by the Secretary pursuant to this subchapter shall be subject to the laws and regulations pertaining to the National Forest System and this subchapter.
**(b) Transfers to Del Norte County**
(1) Upon the adoption of a resolution by the Board of Supervisors of the County of Del Norte, California, accepting title to the lands described in paragraph (2) and subject to the County of Del Norte bearing the cost of the survey of such lands, the Secretary shall transfer all right, title, and interest of the United States in and to the lands described in paragraph (2).
(2) The lands referred to in paragraph (1) are described as follows:
(A) Lands north of tract 37, T. 17 N., R. 3 E., H.M., containing 6 acres, more or less, and more particularly described as:Commencing at the N.E. corner of tract 37, T. 17 N., R. 3 E., H.M.; thence, northerly on a line continuing the eastern boundary of said tract 37 to a point where it intersects the southern boundary of the easement for State highway conveyed to the State of California, Depa
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bbb–4
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter shall be construed to affect the jurisdiction or responsibilities of the State of California with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping on any lands managed by the Secretary under this subchapter, except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of protecting nongame species and their habitats, public safety, administration, or public use and enjoyment. Except in emergencies, any regulation of the Secretary pursuant to this section shall be put into effect only after consultation with the fish and wildlife agency of the State of California.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bbb–5
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall revise the document entitled “Smith River National Recreation Area Management Plan” dated February 1990 to conform to the provisions of this subchapter, and such revised plan shall guide management of the recreation area and shall be incorporated in its entirety into the forest plan for the Six Rivers National Forest. This incorporation shall not be deemed a revision or amendment to the forest plan for purposes of the 11 So in original. Word “the” probably should not appear. [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim). The Secretary shall make such further revisions to the management plan as are necessary in order to include more specific development and use plans for the recreation areas. Such revisions shall be made no later than 5 years after November 16, 1990. Such revisions and any other modifications of the management plan shall be made only through the processes of revision or amendment of the forest plan pursuant to [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim), including appropriate consultation with State and local government officials and provision for full public participation considering the views of all interested parties, organizations, and individuals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bbb–7
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Three hundred foot zones** For each of the rivers and river segments specified in this subsection, there is hereby established a streamside protection zone in which timber harvesting shall be prohibited except as permitted by [section 460bbb–3(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460bbb–3/a/7&num=0&edition=prelim). Such zone shall extend 300 feet from each bank of the rivers and river segments, or 100 feet from the inner gorge of said rivers and river segments, or within the limit of high and extreme landslide hazards on said rivers and river segments, whichever is greater. The provisions of this subsection shall apply to the following rivers and river segments:
(1) Rowdy Creek (from California-Oregon border to NRA boundary).
(2) Shelly Creek (from its headwaters to Patrick Creek).
(3) East Fork Patrick Creek (from its headwaters to Patrick Creek).
(4) West Fork Patrick Creek (from its headwaters to Patrick Creek).
(5) Little Jones Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(6) Patrick Creek (from the confluence of the East and West forks of Patrick Creek to the Middle Fork of the Smith River).
(7) Monkey Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).
(8) Hardscrabble Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).
(9) Quartz Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(10) Jones Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(11) Upper Hurdygurdy Creek (from its headwaters to Dry Lake).
(12) Gordon Creek (from its headwaters to its confluence with the South Fork of the Smith River).
(13) Coon
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460bbb–8
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