§460bbb–3 — Title 16 Conservation | U.S. Code

Summary

Manage the recreation area like other National Forest lands to protect why it was set up. The Secretary must offer many kinds of recreation and provide services and facilities such as trails, campgrounds, and roads for camping, hiking, hunting, and fishing. They must work to improve fish runs and water quality, control landslides, and limit activities that disturb soil. Off‑road vehicles may be used only on marked routes. The Secretary must protect public health and safety and guard the area from fire, insects, and disease. Cutting trees for timber is allowed only in places the law specifically permits, and when it is done it must reduce habitat damage and keep a variety of tree sizes and wildlife habitat. Cutting trees next to certain streams is allowed only for safety, to keep trails or roads, to build or protect facilities, for fire protection, or to help fish and wildlife. In areas where timber cutting is not allowed, removing dead or damaged trees is normally not done unless the Secretary makes a written finding that removal is needed to keep or improve ecological diversity; that decision cannot be delegated and can be appealed and reviewed by a court. The Secretary must also protect Port‑Orford‑cedar, preserve old growth except where harvest is allowed, restore past damage, monitor water, air, wildlife, and fish, make a plan for native trout, and work with other agencies. The area has eight management zones with different focuses, including back‑country and whitewater, protecting ecological diversity, wildlife and scenic values, wild river and roadless recreation, river canyon recreation, rustic family use, a timber production zone managed for sustained yield and diversity, and the Siskiyou Wilderness which is managed under the Wilderness Act. The Gasquet‑Orleans Road corridor—from the east edge of section 36, T.14 N., R.3 E. to the middle of section 26, T.14 N., R.4 E.—is added to the Siskiyou Wilderness. River segments designated as wild and scenic must be managed under both this law and the Wild and Scenic Rivers Act, and the stricter rule applies if they conflict.

Title 16, §460bbb–3

Conservation — Source: USLM XML via OLRC

(a)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 zones along those rivers and river segments specified in section 460bbb–8 of this title only when necessary for human health and safety, to maintain trails or existing roads, for the development of recreation or other facilities, for the protection of the recreation area in the event of fire, or to improve fish and wildlife habitat.

(8)Consistent with applicable requirements of law, permit removal of trees in those management areas where timber harvest is not specifically authorized by subsection (b) when necessary for human health and safety, to maintain trails or existing roads, for the development of recreation or other facilities, for the protection of the recreation area in the event of fire, or to improve fish and wildlife habitat. Timber damaged or down in these areas as a result of fire, insects, disease, blowdown or other natural events shall otherwise be retained in its natural condition, with removal permitted only upon a written determination by the Secretary, based upon written findings, that such removal is necessary to provide for or maintain or enhance biological and ecological diversity, without regard for the commodity value of the timber. Such a decision shall not be delegable by the Secretary but shall be subject to administrative appeal and judicial review.

(9)Provide for the long-term viability and presence of Port-Orford-cedar and ensure its continued present economic and noneconomic uses through implementation of management strategies developed by the Forest Service.

(10)Except where timber harvest is specifically authorized by subsection (b) protect, preserve, and increase old growth forest habitat in the recreation area.

(11)Provide for the restoration of landscapes damaged by past human activity consistent with the purposes of this subchapter.

(12)Develop a monitoring program to consistently gather water quality, air quality, wildlife, and fisheries data from representative Smith River subwatersheds.

(13)Develop and implement a management plan to maintain, protect, and promote habitat for native resident trout species in the recreation area.

(14)Cooperate with other Federal, State, and local government agencies in coordinating planning efforts throughout the Smith River watershed.

(b)(1)The recreation area shall contain eight management areas, as generally depicted on the map referred to in section 460bbb–2(b) of this title. The Secretary may, pursuant to section 460bbb–2(b) of this title, make minor revisions or amendments to the boundaries of the management areas.

(2)The Secretary shall administer each management area within the recreation area in accordance with the following:

(A)The management emphasis for the North Fork management area shall be on back-country and whitewater recreation, while recognizing unique botanic communities, outstanding whitewater, and historic and scenic values.

(B)The management emphasis for the Upper Middle Fork management area shall be on providing and maintaining ecologic and biologic diversity. Timber harvest shall be permitted, consistent with subsection (a)(6), only in existing plantations.

(C)The management emphasis for the Middle Fork-Highway 199 management area shall be on maintaining wildlife values and providing for a full range of recreation uses, with particular emphasis on the scenic and recreation values associated with the Smith River, old growth redwoods, and California State Highway 199.

(D)The management emphasis for the Upper South Fork management area shall be on wild river and roadless back-country recreation.

(E)The management emphasis for the Lower South Fork management area shall be on maintaining and protecting natural scenic values in the river canyon while providing for traditional and compatible river sports, including white water rafting, angling, sightseeing, and developed and dispersed recreation. Timber harvests based on uneven-aged management with extended rotations shall be allowed where consistent with protection of the scenic values of the recreation area.

(F)The management emphasis for the Lower Hurdygurdy Creek management area shall be on maintenance of wildlife values while providing rustic family and group recreation facilities for fishing, swimming, hunting, and camping. Timber harvests based on uneven-aged management with extended rotations shall be allowed where consistent with protection of scenic and wildlife values.

(G)The management emphasis for the prescribed timber management area shall be on providing a sustained yield of wood products while maintaining biological and ecological diversity.

(H)The management of the Siskiyou Wilderness management area shall be pursuant to the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.). The Gasquet-Orleans Road corridor between the eastern edge of section 36, T. 14 N., R. 3 E, and the corridor’s eastern terminus in the middle of section 26, T. 14 N., R. 4 E. shall be added to the Siskiyou Wilderness.

(c)The river segments designated as wild and scenic rivers by the amendments made by section 10(b) of this Act shall be administered in accordance with this subchapter and the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). In case of conflict between the provisions of these Acts, the more restrictive provision shall apply.

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Editorial Notes

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This subchapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 101–612, Nov. 16, 1990, 104 Stat. 3209, which is classified principally to this subchapter. For complete classification of this Act to the Code, see

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note set out under section 460bbb of this title and Tables. The Wilderness Act (16 U.S.C. 1131 et seq.), referred to in subsec. (b)(2)(H), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 1131 of this title and Tables. section 10(b) of this Act, referred to in subsec. (c), is section 10(b) of Pub. L. 101–612, Nov. 16, 1990, 104 Stat. 3215, which amended section 1274 of this title. The Wild and Scenic Rivers Act, referred to in subsec. (c), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, which is classified generally to chapter 28 (§ 1271 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 1271 of this title and Tables. These Acts, referred to in subsec. (c), mean the Wild and Scenic Rivers Act and this subchapter, which was in the original “this Act”. See

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notes above.

§460bbb–3 Administration

Summary

Title 16, §460bbb–3

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