16 U.S.C. § 539g — Kings River Special Management Area

Page 973 TITLE 16—CONSERVATION § 539g annually without charge all or a portion of pay- ment or rental fees required under terms of a permit for use of certain lands of the National Forest System as organization camps by local units of the Boy Scouts of America or such other nonprofit organization when such local units of the Boy Scouts of America or such non- profit organization are willing to perform serv- ices, as the Secretary prescribes and determines will yield a valuable benefit to the public and to the program of the Secretary of such lands. If the Secretary determines that a local unit of the Boy Scouts of America or such other non- profit organization has not fully performed such services, such organization shall not be entitled in the subsequent year to waiver under the pro- visions of this section. (b) ‘‘Other nonprofit organization’’ defined The term ‘‘other nonprofit organization’’ shall mean (1) a nonprofit organization holding an ex- emption under section 501(c) of title 26; and (2) a nonprofit association or nonprofit corporation, which is not controlled or owned by profit- making corporations or business enterprises, and which is engaged in public or semipublic ac- tivity to further public health, safety, or wel- fare. (Pub. L. 98–478, § 3, Oct. 16, 1984, 98 Stat. 2216; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes AMENDMENTS 1986—Subsec. (b). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. § 539g. Kings River Special Management Area (a) Establishment In order to provide for public outdoor recre- ation use and enjoyment of certain areas within the Sierra National Forest and the Sequoia Na- tional Forest, to protect those areas’ natural, archaeological, and scenic resources, and to pro- vide for appropriate fish and wildlife manage- ment of those areas, there is hereby established the Kings River Special Management Area (hereinafter in this Act referred to as the ‘‘spe- cial management area’’). The special manage- ment area shall be administered by the Sec- retary of Agriculture (hereinafter in this Act re- ferred to as ‘‘the Secretary’’) through the Sierra National Forest. (b) Area included The special management area shall consist of the lands, waters, and interests therein within the area generally depicted on the map entitled ‘‘Boundary Map, Kings River Special Manage- ment Area’’, dated April 1987. The map shall be on file and available for public inspection in the offices of the National Forest Service, Depart- ment of Agriculture. The Secretary of Agri- culture may from time to time make minor re- visions of the boundary of the special manage- ment area. (c) Administration The Secretary shall administer the special management area in accordance with this Act and with the provisions of law generally applica- ble to units of the National Forest System. In the case of any conflict between the provisions of such Acts, the provisions of this Act shall govern. In the administration of the special management area the Secretary may utilize such statutory authority as may be available to him for the conservation of wildlife and natural resources as he deems necessary to carry out the purposes of this Act. Nothing in this Act shall be construed to prohibit grazing within the spe- cial management area to the same extent, and in accordance with the same rules and regula- tions as applicable in the absence of this Act. The Secretary may permit the cutting of timber within the special management area only in those cases where in the judgment of the Sec- retary the cutting of such timber is required in order to control the attacks of fire, insects, or diseases or to otherwise conserve the scenery or the natural or historical objects in the area. (d) Mining and mineral leasing Subject to valid existing rights, lands within the special management area are withdrawn from location, entry, and patent under the min- ing laws of the United States, from the oper- ation of the mineral leasing laws of the United States and from operation of the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.]. (e) 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. The Secretary may des- ignate zones where, and establish periods when, such activities will not be permitted for reasons of public safety, administration, fish and wild- life management or public use and enjoyment. Except in emergencies, regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appro- priate State agencies responsible for hunting and fishing activities. (f) Management plan After consultation with the State of Cali- fornia, the Secretary shall publish a manage- ment plan for the special management area within three years after November 3, 1987. The plan shall provide for public outdoor recreation use and enjoyment of the special management area, protect the area’s natural, archeological, and scenic resources, and provide for appro- priate fish and wildlife management within the area. The plan shall contain provisions for man- agement of vegetation within the area designed to enhance the wildlife carrying capacity of the area. The plan shall permit off-road vehicular use of off-road trails to the same extent and in the same locations as was permitted before No- vember 3, 1987. The plan shall provide for the de- velopment of hiking trails in the special man- agement area and shall include a trail from Gar- lic Creek to Little Tehipite Valley. (g) Access to private lands If any State or privately owned land or any valid mining claim or other valid occupancy is within the special management area, or if State or private subsurface rights underlie public 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