16 U.S.C. § 460bbb–10: Savings provision

Summary

Keeps several existing rights and uses in place. Activities on land outside the recreation area are not limited just because they can be seen, heard, or noticed inside the area. Valid contracts made before November 16, 1990, such as timber sales, can still be carried out. The United States’ ownership or interests in lands and waters inside the recreation area stay intact except where the law says otherwise. California and its local governments still handle road easements and the upkeep or improvement of State Highway 199 and County Route 427. Federal access rights that let private landowners cross National Forest lands are not changed. For money to local governments, the Secretary must pay for the first two full fiscal years after November 16, 1990 the difference between the amount due under the Act of May 23, 1908 and the average paid under that Act during the five fiscal years before November 16, 1990. That payment is reduced by 10 percent each year after that until it reaches zero by the end of the twelfth fiscal year after November 16, 1990. The payment rule ends 11 years after the first payment.

Title 16, §460bbb–10

Conservation, Source: USLM XML via OLRC

(a)Activities on lands outside of recreation area

Nothing in this subchapter shall limit, restrict, or require specific management practices on lands outside the recreation area boundary. The fact that activities or uses outside the recreation area can be seen, heard, or otherwise perceived within the recreation area shall not, of itself, limit, restrict, or preclude such activities or uses up to the boundary of the recreation area.

(b)Prior rights

(1)Nothing in this subchapter shall limit, restrict, or preclude the implementation of valid timber sale contracts or other contracts or agreements executed by the Secretary before November 16, 1990.

(2)Except as specifically provided herein nothing in this subchapter shall be construed as diminishing or relinquishing any right, title, or interest of the United States in any lands, waters, or interests therein within the boundaries of the recreation area designated by this subchapter.

(c)Road easements

Nothing in this subchapter shall be construed as affecting the responsibilities of the State of California or any of its political subdivisions with respect to road easements, including maintenance and improvement of State Highway 199 and County Route 427.

(d)Rights of access

Existing rights provided by Federal law for access by private landowners across National Forest System lands shall not be affected by this subchapter.

(e)Entitlement moneys

Annually for the first two full fiscal years after November 16, 1990, the Secretary shall pay for use by units of local government within the recreation area an amount equal to the difference between the amounts payable for such purposes pursuant to the Act of May 23, 1908 (chapter 193; 35 Stat. 251; 16 U.S.C. 500) and the average amount paid for such purpose under such Act during the five fiscal years preceding November 16, 1990. The amount payable under this subsection shall be reduced by 10 percent annually thereafter for each succeeding fiscal year until the amount payable shall be reduced 100 percent by the end of the twelfth fiscal year after November 16, 1990. This subsection shall expire 11 years after the first payment pursuant to this subsection.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a) to (d), 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

Short Title

note set out under section 460bbb of this title and Tables. Act of

May 23, 1908 (chapter 193; 35 Stat. 251; 16 U.S.C. 500), referred to in subsec. (e), probably means act

May 23, 1908, ch. 192, 35 Stat. 260, which is classified to section 500 of this title.

§460bbb–10 Savings Provision