16 U.S.C. § 539h — Greer Spring Special Management Area

Page 974 TITLE 16—CONSERVATION § 539h lands within the special management area, the Secretary shall provide the State or private owner, claimant, or occupier and their succes- sors in interest such rights as may be necessary to assure adequate and feasible access for eco- nomic and other purposes to the site concerned. Such rights shall be subject to reasonable regu- lations issued by the Secretary to protect the natural and other values of the special manage- ment area, taking into account the traditional and customary means of access used prior to No- vember 3, 1987. (h) Specific protections In recognition of the dispute that exists over whether a dam project should be constructed in the segment of the Main Stem of the Kings River from the point at elevation 1,595 feet above mean sea level downstream to the point at elevation 990 feet above mean sea level, Con- gress declares its intention at this time not to designate that segment of the Kings River as a component of the Wild and Scenic Rivers Sys- tem. Notwithstanding any other provision of law, no Federal lands may be used for the con- struction of any dam or diversion within the boundaries of the special management area without specific authority of the Congress. In order to protect the natural, cultural, rec- reational, fishery, and wildlife values of the river segment referred to in this subsection, that segment shall be subject to the provisions of section 1278(a) of this title, in the same man- ner as if it were designated. Nothing in this Act shall preclude the Kings River Conservation Dis- trict from conducting studies as it may deem appropriate. (Pub. L. 100–150, § 2, Nov. 3, 1987, 101 Stat. 881.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (c), and (h), is Pub. L. 100–150, Nov. 3, 1987, 101 Stat. 881, which enacted this section and amended section 1274 of this title. For complete classification of this Act to the Code, see Ta- bles. The Geothermal Steam Act of 1970, referred to in sub- sec. (d), 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. § 539h. Greer Spring Special Management Area (a) Objectives and establishments In order to provide for public outdoor recre- ation use, including fishing and hunting, in a natural setting, and the enjoyment of certain areas within the Mark Twain National Forest, to protect those areas’ natural, archaeological, and scenic resources, and to provide for appro- priate resource management of those areas, there is hereby established the Greer Spring Special Management Area (hereinafter referred to as ‘‘the special management area’’). The Sec- retary shall manage the special management area in accordance with this Act, and with pro- visions of law generally applicable to units of the National Forest System to the extent con- sistent with this Act. (b) Area included The special management area shall consist of lands, waters, and interests therein within the area referred to on the map as ‘‘The Greer Spring Special Management Area’’. The Sec- retary is authorized to make minor revisions to the boundary of the special management area. (c) Timber harvesting The Secretary shall permit the harvesting of timber within the special management area only in those cases where, in the judgment of the Secretary, the harvesting of timber is required in order to control insects or disease, for public safety, for salvage sales, or to accomplish the objectives of the special management area as de- scribed in subsection (a). To the extent prac- ticable, timber harvesting shall be conducted only by the individual tree selection method. (d) Hunting and fishing The Secretary shall permit hunting and fish- ing on lands and waters within the special man- agement area in accordance with applicable Federal and State law. (e) Mining and mineral leasing Subject to valid, existing rights, lands within the special management areas are withdrawn from location, entry, and patent under the min- ing laws of the United States, and from the oper- ation of the mineral and geothermal leasing laws of the United States. (f) Vehicular access The Secretary shall construct and maintain only those roads within the special management area and corridor which are indicated on the map: Provided, That the Secretary shall provide access to such roads, or to timber harvesting pursuant to subsection (c), in such a manner as to minimize environmental impact. (Pub. L. 102–220, § 4, Dec. 11, 1991, 105 Stat. 1674.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 102–220, Dec. 11, 1991, 105 Stat. 1674, known as the Greer Spring Acquisition and Protection Act of 1991, which enacted this section and provisions set out below. For complete classification of this Act to the Code, see section 1 of Pub. L. 102–220, set out below, and Tables. Geothermal leasing laws of the United States, re- ferred to in subsec. (e), are classified principally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining. Statutory Notes and Related Subsidiaries GREER SPRING ACQUISITION AND PROTECTION Pub. L. 102–220, §§ 1–3, 5, Dec. 11, 1991, 105 Stat. 1674, 1675, as amended by Pub. L. 113–287, § 5(d)(13), Dec. 19, 2014, 128 Stat. 3265, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act [enacting this section] may be cited as the ‘Greer Spring Acquisition and Protection Act of 1991’. ‘‘SEC. 2. ACQUISITION OF THE DENNIG TRACT. ‘‘(a) The Secretary of Agriculture (hereinafter re- ferred to as the ‘Secretary’) is hereby authorized and directed, subject to appropriations, to acquire all of the lands, waters, and interests therein, on a willing seller basis only, within the area generally depicted on a map 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