§460oo — Title 16 Conservation | U.S. Code

Summary

Creates the Oregon Cascades Recreation Area in parts of the Umpqua, Willamette, Winema, and Deschutes National Forests to protect about 156,900 acres shown on a March 1984 map. The Secretary of Agriculture must manage the area under National Forest rules to protect scenic, wildlife, water, and dispersed recreation values. A management plan (either in the forest plans or a special integrated plan made within three years of June 26, 1984) must offer a range of recreation from primitive to developed campgrounds, allow public access, keep the area’s natural character when possible, and mark places and routes where motorized recreation vehicles may be used. Mining claims may continue but must follow rules and existing rights. Any patent issued after June 26, 1984 gives only mineral rights and limited surface use. As of January 1, 1989 the lands are withdrawn from new mining and from mineral and geothermal leasing, subject to valid existing rights. The Secretary may allow limited actions needed for resource protection, public safety, or enjoyment—such as wildfire and pest control, some timber work to prevent large die-offs, habitat or water improvements, grazing if it won’t harm resources, salvage of badly damaged timber, visitor facilities that don’t detract, and essential public services (like power lines) only when no feasible alternative exists and it’s in the public interest. About 55,100 acres become Mount Thielsen Wilderness and about 15,700 acres are added to the Diamond Peak Wilderness and must be managed under the Wilderness Act.

Title 16, §460oo

Conservation — Source: USLM XML via OLRC

(a)In order to conserve, protect, and manage, in a substantially undeveloped condition, certain National Forest System lands in the State of Oregon having unique geographic, topographic, biological, ecological features and possessing significant scenic, wildlife, dispersed recreation, and watershed values, there is hereby established, within the Umpqua, Willamette, Winema and Deschutes National Forests, the Oregon Cascades Recreation Area (hereinafter referred to in this subchapter as the “recreation area”).

(b)The recreation area shall comprise approximately one hundred fifty-six thousand nine hundred acres as generally depicted on a map entitled “Oregon Cascades Recreation Area” dated March 1984. Except as otherwise provided in this section, the Secretary of Agriculture (hereinafter referred to as the “Secretary”) shall administer and manage the recreation area in accordance with the laws and regulations applicable to the National Forest System so as to enhance scenic and watershed values, wildlife habitat, and dispersed recreation.

(c)The recreation area shall be managed in accordance with plans prepared in subsection (g) to:

(1)provide a range of recreation opportunities from primitive to full service developed campgrounds;

(2)provide access for use by the public;

(3)to the extent practicable, maintain the natural and scenic character of the area; and

(4)provide for the use of motorized recreation vehicles.

(d)(1)Subject to valid existing rights, all mining claims located within the recreation area shall be subject to such reasonable regulations as the Secretary may prescribe to insure that mining activities will, to the maximum extent practicable, be consistent with the purposes for which the recreation area is established. Any patent issued after June 26, 1984, shall convey title only to the minerals together with the right to use the surface of lands for mining purposes subject to such reasonable regulations as the Secretary shall prescribe.

(2)Effective January 1, 1989, and subject to valid existing rights, the lands located within the recreation area are hereby withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to the mineral leasing and geothermal leasing and all amendments thereto.

(e)Within the recreation area, the Secretary may permit, under appropriate regulations those limited activities and facilities which he determines necessary for resource protection and management and for visitor safety and comfort, including—

(1)those necessary to prevent and control wildfire, insects, diseases, soil erosion, and other damaging agents including timber harvesting activities necessary to prevent catastrophic mortality from insects, diseases or fire;

(2)those necessary to maintain or improve wildlife habitat, water yield and quality, forage production, and dispersed outdoor recreation opportunities;

(3)livestock grazing, to the extent that such use will not significantly adversely affect the resources of the recreation area;

(4)salvage of major timber mortality caused by fire, insects, disease, blowdown, or other causes when the scenic characteristics of the recreation area are significantly affected, or the health and safety of the public is threatened, or the overall protection of the forested area inside or outside the recreation area might be adversely affected by failure to remove the dead or damaged timber;

(5)those developments or facilities necessary for the public enjoyment and use of the recreation area, when such development or facilities do not detract from the purposes of the recreation area; and

(6)public service land occupancies, including power transmission lines, provided there is no feasible alternative location, and, the Secretary finds that it is in the public interest to locate such facilities within the recreation area.

(f)The following lands within the recreation area are hereby designated as wilderness and therefore as components of the National Wilderness Preservation System, and shall, notwithstanding any other provisions of this section, be administered by the Secretary in accordance with the applicable provisions of the Wilderness Act [16 U.S.C. 1131 et seq.]: Certain lands in the Umpqua, Willamette, and Winema National Forests which comprise approximately fifty-five thousand one hundred acres, are generally depicted on a map dated March 1984, entitled “Mount Thielsen Wilderness—Proposed”, and which shall be known as the Mount Thielsen Wilderness; and certain lands in the Willamette and Deschutes National Forests, which comprise approximately fifteen thousand seven hundred acres, are generally depicted on a map dated March 1984, entitled “Diamond Peak Wilderness Additions—Proposed”, and which are hereby incorporated in, and which shall be deemed to be a part of, the Diamond Peak Wilderness as designated in Public Law 88–577.

(g)Management direction for the recreation area shall be developed in either the forest plans developed for the Umpqua, Winema, Deschutes and Willamette Forests in accordance with section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended [16 U.S.C. 1604], or in an integrated management plan that shall be prepared within three years from June 26, 1984, and revised in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended [16 U.S.C. 1600 et seq.]. Any plan developed by the Secretary for the recreation area shall identify and designate specific and appropriate areas and routes for the use of motorized recreation vehicles within the recreation area.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (a), was in the original “the Act”, meaning Pub. L. 98–328, June 26, 1984, 98 Stat. 272, known as the Oregon Wilderness Act of 1984, which enacted this subchapter and provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of this Act to the Code, see Tables. The Wilderness Act and Public Law 88–577, referred to in subsec. (f), are 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

Short Title

note set out under section 1131 of this title and Tables. The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (g), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1600 of this title and Tables.

Statutory Notes and Related Subsidiaries

Map of Recreation Area Pub. L. 98–328, § 5(a),

June 26, 1984, 98 Stat. 277, provided in part that as soon as practicable after

June 6, 1984, the Secretary of Agriculture was to file the map referred to in this section with the Committee on Energy and Natural Resources, Senate, and the Committee on Interior and Insular Affairs, House of Representatives, and that such map would have the same force and effect as if included in this section: Provided, That correction of clerical and typographical errors in such map could be made. Such map was to be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture; and the Director, Bureau of Land Management, Department of the Interior.

§460oo Establishment

Summary

Title 16, §460oo

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Statutory Notes and Related Subsidiaries

Citations & Metadata