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

Summary

Creates the Ashley Karst National Recreation and Geologic Area. It covers about 173,475 acres in the Ashley National Forest, shown on the map dated February 4, 2019. Management Plan = the plan the Secretary must write for the area. Map = the February 4, 2019 map. Recreation Area = the new protected area. Secretary = the Secretary of Agriculture. State = Utah. The area is set up to protect the watershed, the underground karst system, geology, recreation, wildlife, scenery, natural, cultural, and historic resources. As soon as possible after March 12, 2019, the Secretary must send a map and legal description to the House Committees on Natural Resources and Agriculture and the Senate Committee on Energy and Natural Resources, and keep a copy available for the public. The Secretary must manage the area under National Forest laws and this law, and must finish a Management Plan within 2 years after March 12, 2019, working with Uintah County, affected Indian Tribes, and the public. Uses are allowed only if they help the area’s purposes and protect the watershed and karst system. Motor vehicles are allowed only on routes the Management Plan names, no new roads may be built after March 12, 2019, and needed repairs or reroutes are allowed. Snowmobiles are allowed and a winter recreation plan is required within 2 years after March 12, 2019. Existing grazing continues if it began before March 12, 2019. The law keeps State fish and wildlife authority, allows wildlife water projects, does not create or change water rights as of March 12, 2019, withdraws federal land there from mining and leasing laws, allows vegetation and fire management, forbids entrance or use fees except for improved campgrounds, allows communications infrastructure, requires reasonable access to private land inside the area, and permits outfitting and guide services under applicable law.

Title 16, §460bbbb

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “Management Plan” means the management plan for the Recreation Area prepared under subsection (e)(2)(A).

(2)The term “Map” means the map entitled “Northern Utah Lands Management Act-Overview” and dated February 4, 2019.

(3)The term “Recreation Area” means the Ashley Karst National Recreation and Geologic Area established by subsection (b)(1).

(4)The term “Secretary” means the Secretary of Agriculture.

(5)The term “State” means the State of Utah.

(b)(1)Subject to valid existing rights, there is established the Ashley Karst National Recreation and Geologic Area in the State.

(2)The Recreation Area shall consist of approximately 173,475 acres of land in the Ashley National Forest, as generally depicted on the Map.

(c)The purposes of the Recreation Area are to conserve and protect the watershed, geological, recreational, wildlife, scenic, natural, cultural, and historic resources of the Recreation Area.

(d)(1)As soon as practicable after March 12, 2019, the Secretary shall prepare and submit to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Recreation Area.

(2)The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map or legal description.

(3)A copy of the map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(e)(1)The Secretary shall administer the Recreation Area in accordance with—

(A)the laws generally applicable to the National Forest System, including the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(B)this section; and

(C)any other applicable law.

(2)(A)Not later than 2 years after March 12, 2019, the Secretary shall prepare a management plan for the Recreation Area.

(B)The Secretary shall—

(i)prepare the management plan in consultation and coordination with Uintah County, Utah, and affected Indian Tribes; and

(ii)provide for public input in the preparation of the management plan.

(f)The Secretary shall only allow such uses of the Recreation Area that would—

(1)further the purposes for which the Recreation Area is established; and

(2)promote the long-term protection and management of the watershed and underground karst system of the Recreation Area.

(g)(1)Except as needed for emergency response or administrative purposes, the use of motorized vehicles in the Recreation Area shall be permitted only on roads and motorized routes designated in the Management Plan for the use of motorized vehicles.

(2)No new permanent or temporary roads or other motorized vehicle routes shall be constructed within the Recreation Area after March 12, 2019.

(3)(A)Necessary maintenance or repairs to existing roads designated in the Management Plan for the use of motorized vehicles, including necessary repairs to keep existing roads free of debris or other safety hazards, shall be permitted after March 12, 2019, consistent with the requirements of this section.

(B)Nothing in this subsection prevents the Secretary from rerouting an existing road or trail to protect Recreation Area resources from degradation, or to protect public safety, as determined to be appropriate by the Secretary.

(4)(A)Nothing in this section prohibits the use of snowmobiles and other over snow vehicles within the Recreation Area.

(B)Not later than 2 years after March 12, 2019, the Secretary shall undertake a winter recreation use planning process, which shall include opportunities for use by snowmobiles or other over snow vehicles in appropriate areas of the Recreation Area.

(5)Activities authorized under this subsection shall be consistent with the applicable forest plan and travel management plan for, and any law (including regulations) applicable to, the Ashley National Forest.

(h)(1)The designation of the Recreation Area shall not affect the ability of authorized users to access, operate, and maintain water infrastructure facilities within the Recreation Area in accordance with applicable authorizations and permits.

(2)(A)The Secretary shall offer to enter into a cooperative agreement with authorized users and local governmental entities to provide, in accordance with any applicable law (including regulations)—

(i)access, including motorized access, for repair and maintenance to water infrastructure facilities within the Recreation Area, including Whiterocks Reservoir, subject to such terms and conditions as the Secretary determines to be necessary; and

(ii)access and maintenance by authorized users and local governmental entities for the continued delivery of water to the Ashley Valley if water flows cease or become diminished due to impairment of the karst system, subject to such terms and conditions as the Secretary determines to be necessary.

(i)The grazing of livestock in the Recreation Area, where established before March 12, 2019, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—

(1)applicable law (including regulations);

(2)the purposes of the Recreation Area; and

(3)the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617).

(j)Nothing in this section affects the jurisdiction of the State with respect to the management of fish and wildlife on Federal land in the State.

(k)The Secretary, in consultation with the State, may authorize wildlife water projects (including guzzlers) within the Recreation Area.

(l)Nothing in this section—

(1)constitutes an express or implied reservation by the United States of any water rights with respect to the Recreation Area;

(2)affects any water rights in the State;

(3)affects the use or allocation, in existence on March 12, 2019, of any water, water right, or interest in water;

(4)affects any vested absolute or decreed conditional water right in existence on March 12, 2019, including any water right held by the United States;

(5)affects any interstate water compact in existence on March 12, 2019; or

(6)shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before March 12, 2019.

(m)Subject to valid existing rights, all Federal land in the Recreation Area is withdrawn from—

(1)all forms of entry, appropriation, and disposal under the public land laws;

(2)location, entry, and patent under the mining laws; and

(3)operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(n)Nothing in this section prevents the Secretary from conducting vegetation management projects, including fuels reduction activities, within the Recreation Area for the purposes of improving water quality and reducing risks from wildfire.

(o)Nothing in this section prohibits the Secretary, in consultation with other Federal, State, local, and Tribal agencies, as appropriate, from conducting wildland fire treatment operations or restoration operations in the Recreation Area, consistent with the purposes of this section.

(p)Except for fees for improved campgrounds, the Secretary is prohibited from collecting recreation entrance or recreation use fees within the Recreation Area.

(q)Nothing in this section affects the continued use of, and access to, communication infrastructure (including necessary upgrades) within the Recreation Area, in accordance with applicable authorizations and permits.

(r)(1)Nothing in this section affects non-Federal land or interests in non-Federal land within the Recreation Area.

(2)The Secretary shall provide reasonable access to non-Federal land or interests in non-Federal land within the Recreation Area.

(s)Outfitting and guide services within the Recreation Area, including commercial outfitting and guide services, are authorized in accordance with this section and other applicable law (including regulations).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (e)(1)(A), 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.

Prior Provisions

Prior sections 460bbbb to 460bbbb–7 were transferred to sections 410www to 410www–7 of this title. section 460bbbb, Pub. L. 96–428, § 1, Oct. 10, 1980, 94 Stat. 1839; Pub. L. 102–575, title XL, § 4024(a), Oct. 30, 1992, 106 Stat. 4768; Pub. L. 115–108, § 2(1)–(3), Jan. 8, 2018, 131 Stat. 2267, related to establishment of Martin Luther King, Jr. National Historical Park. section 460bbbb–1, Pub. L. 96–428, § 2, Oct. 10, 1980, 94 Stat. 1839; Pub. L. 108–314, § 3, Oct. 5, 2004, 118 Stat. 1199; Pub. L. 115–108, § 2(2), (3), Jan. 8, 2018, 131 Stat. 2267, related to administration of the Park. section 460bbbb–2, Pub. L. 96–428, § 3, Oct. 10, 1980, 94 Stat. 1840; Pub. L. 115–108, § 2(3), (4), Jan. 8, 2018, 131 Stat. 2267, related to authority of Secretary regarding property and concessions. section 460bbbb–3, Pub. L. 96–428, § 4, Oct. 10, 1980, 94 Stat. 1841, related to establishment of the Martin Luther King, Junior, National Historic Site Advisory Commission. section 460bbbb–4, Pub. L. 96–428, § 5, Oct. 10, 1980, 94 Stat. 1842; Pub. L. 115–108, § 2(3), Jan. 8, 2018, 131 Stat. 2267, related to prohibition of entrance or admission fees. section 460bbbb–5, Pub. L. 96–428, § 6, Oct. 10, 1980, 94 Stat. 1842; Pub. L. 102–575, title XL, § 4024(b), Oct. 30, 1992, 106 Stat. 4768, related to authorization of appropriations and limitation on authority to enter into contracts, incur obligations, or make payments. section 460bbbb–6, Pub. L. 96–428, § 7, Oct. 10, 1980, 94 Stat. 1842, related to minimization of adverse impacts on preservation district. section 460bbbb–7, Pub. L. 96–428, § 8, Oct. 10, 1980, 94 Stat. 1843, related to submission of comprehensive general management plan.

§460bbbb Ashley Karst National Recreation and Geologic Area