16 U.S.C. § 539j — Bowen Gulch Protection Area

Page 975 TITLE 16—CONSERVATION § 539j entitled ‘Dennig Tract’, dated November 5, 1991 (herein- after referred to as ‘the map’). The map, together with a legal description of such lands, shall be on file and available for public inspection in the offices of the For- est Service, Department of Agriculture. The boundaries of the Mark Twain National Forest are hereby modified to include the area denoted ‘Dennig Property Outside of National Forest Boundary’ on the map. Such map and legal description shall have the same force and ef- fect as if included in this Act, except that the correc- tion of clerical and typographical errors in such map and legal description may be made by the Secretary. ‘‘(b) Such modified boundaries shall be considered as the boundaries in existence as of January 1, 1965, for the purposes of section 100506 of title 54, United States Code. ‘‘SEC. 3. ELEVEN POINT WILD AND SCENIC RIVER. ‘‘The Secretary shall manage the lands, waters, and interests therein within the area referred to on the map as ‘The Eleven Point Wild and Scenic Corridor’ (herein- after referred to as ‘the corridor’), pursuant to the pro- visions of the Wild and Scenic Rivers Act (16 U.S.C. 1271–1287). Lands acquired pursuant to section 2 of this Act within the corridor shall not be counted against the average one-hundred-acre-per-mile fee limitation of Section 6(a)(1) of the Wild and Scenic Rivers Act [16 U.S.C. 1277(a)(1)], nor shall such lands outside the cor- ridor be subject to the provisions of Section 6(a)(2) of the Wild and Scenic Rivers Act. ‘‘SEC. 5. APPROPRIATIONS. ‘‘There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.’’ [Pub. L. 113–287, § 5(d)(13), Dec. 19, 2014, 128 Stat. 3265, which directed amendment of section 2(b) of Pub. L. 102–220, set out above, by substituting ‘‘section 100506 of title 54, United States Code’’ for ‘‘section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’, was executed by making the substitution for ‘‘section 7 of the Land and Water Conservation Fund Act (16 U.S.C. 4601–9)’’ to reflect the probable intent of Congress.] § 539i. Fossil Ridge Recreation Management Area (a) Establishment (1) In order to conserve, protect, and enhance the scenic, wildlife, recreational, and other nat- ural resource values of the Fossil Ridge area, there is hereby established the Fossil Ridge Recreation Management Area (hereinafter re- ferred to as the ‘‘recreation management area’’). (2) The recreation management area shall con- sist of certain lands in the Gunnison National Forest, Colorado, which comprise approximately 43,900 acres, as generally depicted as ‘‘Area A’’ on a map entitled ‘‘Fossil Ridge Wilderness Pro- posal’’, dated January, 1993. (b) Administration The Secretary of Agriculture shall administer the recreation management area in accordance with this section and the laws and regulations generally applicable to the National Forest Sys- tem. (c) Withdrawal Subject to valid existing rights, all lands with- in the recreation management area are hereby withdrawn from all forms of entry, appropria- tion, or disposal under the public land laws, from location, entry, and patent under the min- ing laws, and from disposition under the mineral and geothermal leasing laws, including all amendments thereto. (d) Timber harvesting No timber harvesting shall be allowed within the recreation management area except to the extent that would be permitted in wilderness under section 1133(d)(1) of this title for nec- essary control of fire, insects, and diseases, and for public safety. (e) Livestock grazing The designation of the recreation management area shall not be construed to prohibit, or change the administration of, the grazing of livestock within the recreation management area. (f) Development No developed campgrounds shall be con- structed within the recreation management area. After August 13, 1993, no new roads or trails may be constructed within the recreation management area. (g) Off-road recreation Motorized travel shall be permitted within the recreation management area only on those es- tablished trails and routes existing as of July 1, 1991, on which such travel was permitted as of such date, except that other trails and routes may be used where necessary for administrative purposes or to respond to an emergency. No later than one year after August 13, 1993, the Secretary shall identify such routes and trails and shall prepare and make available to the pub- lic a map showing such routes and trails. Noth- ing in this subsection shall be construed as pre- cluding the Secretary from closing any trail or route from use for purposes of resource protec- tion or public safety. (Pub. L. 103–77, § 5, Aug. 13, 1993, 107 Stat. 760.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 103–77, § 1(a), Aug. 13, 1993, 107 Stat. 756, pro- vided that: ‘‘This Act [enacting this section and section 539j of this title, enacting provisions set out as a note under section 539j of this title, and enacting and amending provisions listed in a table of Wilderness Areas set out under section 1132 of this title] may be cited as the ‘Colorado Wilderness Act of 1993’.’’ § 539j. Bowen Gulch Protection Area (a) Establishment (1) There is hereby established in the Arapaho National Forest, Colorado, the Bowen Gulch Protection Area (hereinafter in this Act referred to as the ‘‘protection area’’). (2) The protection area shall consist of certain lands in the Arapaho National Forest, Colorado, which comprise approximately 11,600 acres, as generally depicted as ‘‘Area A’’ on a map enti- tled ‘‘Bowen Gulch Additions to Never Summer Wilderness Proposal’’, dated January, 1993. (b) Administration The Secretary shall administer the protection area in accordance with this section and the laws and regulations generally applicable to the National Forest System. (c) Withdrawal Subject to valid existing rights, all lands with- in the protection area are hereby withdrawn Page 976 TITLE 16—CONSERVATION § 539k from all forms of entry, appropriation, or dis- posal under the public land laws, from location, entry, and patent under the mining laws, and from disposition under the mineral and geo- thermal leasing laws, including all amendments thereto. (d) Development No developed campgrounds shall be con- structed within the protection area. After Au- gust 13, 1993, no new roads or trails may be con- structed within the protection area. (e) Timber harvesting No timber harvesting shall be allowed within the protection area except to the extent that would be permitted in wilderness under section 1133(d)(1) of this title for necessary control of fire, insects, and diseases, and for public safety. (f) Motorized travel Motorized travel shall be permitted within the protection area only on those designated trails and routes existing as of July 1, 1991, and only during periods of adequate snow cover. At all other times, mechanized, non-motorized travel shall be permitted within the protection area. (g) Management plan During the revision of the Land and Resource Management Plan for the Arapaho National Forest, the Forest Service shall develop a man- agement plan for the protection area, after pro- viding for public comment. (Pub. L. 103–77, § 6, Aug. 13, 1993, 107 Stat. 761.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 103–77, Aug. 13, 1993, 107 Stat. 756, known as the Colorado Wil- derness Act of 1993. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 539i of this title and Tables. Statutory Notes and Related Subsidiaries ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT Pub. L. 116–9, title I, § 1002, Mar. 12, 2019, 133 Stat. 587, provided that: ‘‘(a) IN GENERAL.—The boundary of the Arapaho Na- tional Forest in the State of Colorado is adjusted to in- corporate the approximately 92.95 acres of land gen- erally depicted as ‘The Wedge’ on the map entitled ‘Arapaho National Forest Boundary Adjustment’ and dated November 6, 2013, and described as lots three, four, eight, and nine of section 13, Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. A lot described in this subsection may be included in the boundary adjustment only after the Secretary of Agri- culture obtains written permission for such action from the lot owner or owners. ‘‘(b) BOWEN GULCH PROTECTION AREA.—The Secretary of Agriculture shall include all Federal land within the boundary described in subsection (a) in the Bowen Gulch Protection Area established under section 6 of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j). ‘‘(c) LAND AND WATER CONSERVATION FUND.—For pur- poses of section 200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of the Arapaho National Forest, as modified under subsection (a), shall be con- sidered to be the boundaries of the Arapaho National Forest as in existence on January 1, 1965. ‘‘(d) PUBLIC MOTORIZED USE.—Nothing in this section opens privately owned lands within the boundary de- scribed in subsection (a) to public motorized use. ‘‘(e) ACCESS TO NON-FEDERAL LANDS.—Notwith- standing the provisions of section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) regarding mo- torized travel, the owners of any non-Federal lands within the boundary described in subsection (a) who historically have accessed their lands through lands now or hereafter owned by the United States within the boundary described in subsection (a) shall have the con- tinued right of motorized access to their lands across the existing roadway.’’ DEFINITIONS Pub. L. 103–77, § 1(b), Aug. 13, 1993, 107 Stat. 756, pro- vided that: ‘‘(1) As used in this Act [see Short Title note set out under section 539i of this title] with reference to lands in the National Forest System, the term ‘the Sec- retary’ means the Secretary of Agriculture. ‘‘(2) As used in this Act with respect to lands not in the National Forest System, the term ‘the Secretary’ means the Secretary of the Interior.’’ § 539k. Kelly Butte Special Management Area (a) Establishment Upon conveyance to the United States of the Plum Creek offered lands in the Kelly Butte area, there is hereby established the Kelly Butte Special Management Area in the Mt. Baker- Snoqualmie National Forest, Washington, com- prising approximately 5,642 acres, as generally depicted on a map entitled ‘‘Kelly Butte Special Management Area’’, dated October 1998. (b) Management The Kelly Butte Special Management Area shall be managed by the Secretary in accord- ance with the laws, rules and regulations gen- erally applicable to National Forest System lands, and subject to the following additional provisions: (1) the Area shall be managed with special emphasis on: (A) preserving its natural character and protecting and enhancing water quality in the upper Green River watershed; (B) permitting hunting and fishing; (C) providing opportunities for primitive and semi-primitive recreation and scientific research and study; (D) protecting and enhancing populations of fish, wildlife and native plant species; and (E) allowing for traditional uses by native American peoples; (2) commercial timber harvest and road con- struction shall be prohibited; (3) the Area shall be closed to the use of motor vehicles, except as may be necessary for administrative purposes or in emergencies (in- cluding rescue operations) to protect public health and safety; and (4) the Area shall, subject to valid existing rights, be permanently withdrawn from all forms of entry and appropriation under the U.S. mining laws and mineral leasing laws, in- cluding the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.]. (c) No buffer zones Congress does not intend that the designation of the Kelly Butte Special Management Area lead to the creation of protective perimeters or buffer zones around the Area. The fact that non- compatible activities or uses can be seen or