16 U.S.C. § 543c — Administration

Page 1016 TITLE 16—CONSERVATION § 543c retary as detrimental to the integrity of the Scenic Area. No reconstruction or expansion of a private or commercial building, including— (A) reconstruction of an existing building, (B) construction of attached structural addi- tions, not to exceed 100 per centum of the square footage of the original building, and (C) construction of reasonable support devel- opment such as roads, parking, water and sew- age systems shall be treated as detrimental to the integrity of the Scenic Area or as an in- compatible development within the meaning of paragraph (2) of subsection (a). (c) Preparation of environmental assessments Notwithstanding any other provision of law, the Secretary shall only be required to prepare an environmental assessment of any exchange of mineral or geothermal interest authorized by sections 543 to 543h of this title. (Pub. L. 98–425, title III, § 303, Sept. 28, 1984, 98 Stat. 1633.) § 543c. Administration (a) Scenic Area and other lands to be adminis- tered as part of Inyo National Forest (1) Except as otherwise provided in sections 543 to 543h of this title, the Secretary, acting through the Chief of the Forest Service, shall administer the Scenic Area as a separate unit within the boundary of the Inyo National Forest in accordance with the laws, rules, and regula- tions applicable to the National Forest System. All Bureau of Land Management administered lands that fall within the boundaries of the Sce- nic Area are hereby added to the Inyo National Forest and shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System. (2) In addition, the following parcels adminis- tered by the Bureau of Land Management are hereby added to the Inyo National Forest and shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System: township 1 south; range 26 east; Mount Dia- blo Meridian: east half of southwest quarter and south half of southeast quarter of section 10; and township 1 north; range 26 east; Mount Dia- blo Meridian: southwest quarter of northeast quarter and west half of southeast quarter of section 9; southwest quarter of southwest quarter of section 15; southwest quarter of northwest quarter and northwest quarter of southwest quarter of section 25; north half of southeast quarter of section 26, west half of northwest quarter and north- west quarter of southwest quarter of section 27; township 1 north; range 27 east; Mount Dia- blo Meridian: east half of southeast quarter of section 34; southwest quarter of northwest quarter of section 35; and west half of section 30 as intersected by Scenic Area Boundary. (b) Water rights; protection of geologic, ecologic and cultural resources; recreational use of Scenic Area; related facilities and programs; scientific study and research; commercial timber harvesting (1) In a manner consistent with the protection of the water rights of the State of California or any political subdivision thereof (including the city of Los Angeles) or of any person to the ex- tent that such water rights have been granted or modified under the laws of the State of Cali- fornia, the Secretary shall manage the Scenic Area to protect its geologic, ecologic, and cul- tural resources. The Secretary shall provide for recreational use of the Scenic Area and shall provide recreational and interpretive facilities (including trails and campgrounds) for the use of the public which are compatible with the provi- sions of sections 543 to 543h of this title, and may assist adjacent affected local governmental agencies in the development of related interpre- tive programs. The Secretary shall permit the full use of the Scenic Area for scientific study and research in accordance with such rules and regulations as he may prescribe. (2) Except as specifically provided in this sub- section, no commercial timber harvesting shall be permitted in the Scenic Area, but the Sec- retary shall permit the utilization of wood ma- terial such as firewood, posts, poles, and Christ- mas trees by individuals for their domestic pur- poses under such regulations as he may pre- scribe to protect the natural and cultural re- sources of the Scenic Area. The Secretary may take action including the use of commercial timber harvest to the minimum extent nec- essary to control fires, insects and diseases that might— (A) endanger irreplaceable features within the Scenic Area, or (B) cause substantial damage to significant resources adjacent to the Scenic Area. (c) Grazing permits The Secretary shall permit those persons hold- ing currently valid grazing permits within the boundary of the Scenic Area to continue to exer- cise such permits consistent with other applica- ble law. (d) Cooperative agreements The Secretary may enter into cooperative agreements with the State of California and any political subdivision thereof (including the city of Los Angeles) for purposes of protecting Scenic Area resources and administering areas owned by the State or by any such political subdivision which are within the Scenic Area. (e) Management plan Within three years after September 28, 1984, the Secretary shall submit to the committees referred to in section 543 of this title, a detailed and comprehensive management plan for the Scenic Area which is consistent with the protec- tion of water rights as provided in subsection (b)(1). The plan shall include but not be limited to— (1) an inventory of natural (including geo- logic) and cultural resources; (2) general development plans for public use facilities, including cost estimates; and Page 1017 TITLE 16—CONSERVATION § 543d (3) measures for the preservation of the nat- ural and cultural resources of the Scenic Area in accordance with subsections (a) and (b) of this section. Such plan shall provide for hunting and fishing (including commercial brine shrimp operations authorized under State law) within the Scenic Area in accordance with applicable Federal and State law, except to the extent otherwise nec- essary for reasons of public health and safety, the protection of resources, scientific research activities, or public use and enjoyment. (f) Visitor center The Secretary is authorized to construct a vis- itor center in the Scenic Area for the purpose of providing information through appropriate dis- plays, printed material, and other interpretive programs, about the natural and cultural re- sources of the Scenic Area. (g) Withdrawal of lands from operation of other Federal laws; regulation of mining claims (1) Subject to valid existing rights, federally owned lands and interests therein within the Scenic Area are withdrawn from entry or appro- priation under the mining laws of the United States, from the operation of the mineral leas- ing laws of the United States, from operation of the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.], and from disposition under the public land laws. (2) Subject to valid existing rights, all mining claims located within the Scenic Area shall be subject to such reasonable regulations as the Secretary may prescribe to assure that mining will, to the maximum extent practicable, be consistent with protection of the scenic, sci- entific, cultural, and other resources of the area, and any patent which may be issued after Sep- tember 28, 1984, shall convey title only to the minerals together with the right to use the sur- face of lands for mining purposes subject to such reasonable regulations. (h) Water rights Nothing in sections 543 to 543h of this title shall be construed to reserve any water for pur- poses of the Scenic Area or to affirm, deny, or otherwise affect the present (or prospective) water rights of any person or of the State of California or of any political subdivision thereof (including the city of Los Angeles), nor shall any provision of sections 543 to 543h of this title be construed to cause, authorize, or allow any interference with or infringement of such water rights so long as, and to the extent that, those rights remain valid and enforceable under the laws of the State of California. (i) Rights-of-way of city of Los Angeles (1) The Act entitled ‘‘An Act authorizing and directing the Secretary of the Interior to sell to the city of Los Angeles, California, certain pub- lic lands in California; and granting rights-of- way over public lands and reserved lands to the city of Los Angeles in Mono County in the State of California’’, approved June 23, 1936 (49 Stat. 1892), is hereby repealed. (2) The Secretary and the Secretary of the In- terior shall grant and convey rights-of-way ease- ments, at no cost, to the city of Los Angeles for those rights-of-way on public lands and national forest lands in Mono County, California, as de- scribed and set forth in maps and accompanying descriptions which were— (A) filed by the city of Los Angeles with the Secretary of the Interior on October 24, 1944, and (B) accepted as proof of construction on be- half of the United States by the Commissioner of the General Land Office on January 4, 1945. Such easement conveyances shall provide for the right of the city to continue its present op- erations and to maintain, reconstruct, and re- place all existing water and power facilities lo- cated within the bounds of the area described in the maps and descriptions referred to in the pre- ceding sentence. The United States shall reserve in the conveyance easements all rights to use and permit the use by others of the lands so con- veyed to the extent that such use does not un- reasonably interfere with the rights granted herein to the city of Los Angeles. (3) The grant in paragraph (2) of this sub- section shall become effective upon relinquish- ment in writing by the city of Los Angeles of its applications dated October 20, 1944, and January 17, 1945, to purchase twenty-three thousand eight hundred and fifty acres of Federal land. (4) The easements granted under paragraph (2) of this subsection shall provide that whenever the city of Los Angeles ceases to use the land or any part thereof subject to such easements for the purposes for which it is currently being used, as of September 28, 1984, all interests in such land or part thereof shall revert to the United States. (j) Existing community recreational uses Existing community recreational uses, as of September 28, 1984, shall be permitted at the lev- els and locations customarily exercised. (Pub. L. 98–425, title III, § 304, Sept. 28, 1984, 98 Stat. 1634.) Editorial Notes REFERENCES IN TEXT The Geothermal Steam Act of 1970, referred to in sub- sec. (g)(1), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which is classified principally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining. For com- plete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 30 and Ta- bles. The Act entitled ‘‘An Act authorizing and directing the Secretary of the Interior to sell to the city of Los Angeles, California, certain public lands in California; and granting rights-of-way over public lands and re- served lands to the city of Los Angeles in Mono County in the State of California’’, referred to in subsec. (i)(1), is act June 23, 1936, ch. 733, 49 Stat. 1892, which was not classified to the Code. § 543d. Ecological studies; reports to Congres- sional committees and to Chief of Forest Service; progress reports The Secretary shall take such steps as may be necessary to, within one hundred and eighty days of September 28, 1984, enter into a contract with the National Academy of Sciences for the purpose of conducting a scientific study of the ecology of the Scenic Area. The study shall pro-