16 U.S.C. § 460ggg–2: Recreation area

Summary

About 23,330 acres in the Chattahoochee National Forest (shown on a map called “Springer Mountain National Recreation Area—Proposed,” dated October 1991) are set aside and named the Ed Jenkins National Recreation Area to protect natural, scenic, fish and wildlife, historic and archaeological, wildland, and watershed values and to improve related recreation. The Secretary must manage the area under the rules that apply to national forests and keep valid existing rights. Timber cutting is generally not allowed, but the Secretary may remove trees if it does not harm the area’s purposes, to salvage badly damaged stands, to prevent insect or disease outbreaks, or for visitor safety. Existing timber contracts can be finished. New roads may be added if they help the area’s purposes, and existing permanent forest road access can be kept or opened or closed for good resource management. The lands are closed to mineral leasing. The Secretary may allow maintaining or creating wildlife openings with partners and must protect chances for primitive and near-primitive recreation. Private land access rights are preserved.

Title 16, §460ggg–2

Conservation, Source: USLM XML via OLRC

(a)Designation and purposes

For the purposes of ensuring the protection of certain natural, scenic, fish and wildlife, historic and archaeological, wildland and watershed values, and providing for the enhancement of the recreation opportunities associated with these values, certain lands in the Chattahoochee National Forest, Georgia, which comprise approximately 23,330 acres, as generally depicted on a map entitled “Springer Mountain National Recreation Area—Proposed”, dated October 1991, are hereby designated as a national recreation area and shall be known as Ed Jenkins National Recreation Area (hereafter in this section referred to as the “recreation area”).

(b)Administration

(1)Subject to valid existing rights, the Secretary shall administer the recreation area in accordance with the laws, rules, and regulations applicable to the national forests in such a way as to further the purposes of this section. Except as provided in this section, the Secretary may not conduct timber harvesting in the recreation area. The Secretary may remove timber in the recreation area in furtherance of this section, but only in a manner which does not impair the purposes for which the recreation area is established. Salvage or sanitation harvesting of timber stands which are substantially damaged by fire, windthrow or other catastrophe, or are in imminent danger from insect or disease attack, is authorized to maintain forest health. Timber harvesting is authorized to provide for visitor safety.

(2)Nothing in this section shall prevent the completion of existing timber sales under contract. The Secretary may permit additional road construction in the area in furtherance of the purposes for which the recreation area is established.

(3)By virtue of the designation under this section, the Secretary need not change patterns of public access or closure on existing permanent national forest development roads. At his discretion, however, the Secretary may open or close such existing roads to public use for reasons of sound resource management.

(4)Lands within the recreation area are hereby withdrawn from the operation of all laws pertaining to mineral leasing.

(5)The Secretary may permit, in his discretion, the continued maintenance of existing wildlife openings, in cooperation with the State of Georgia and other Federal, State, and private cooperators, and may permit new wildlife openings in furtherance of the purposes for which the recreation area is established.

(6)The Secretary shall protect, enhance, and promote the public’s opportunities for primitive and semiprimitive recreation in the recreation area.

(7)Designation by this section shall not interfere with rights of access to privately held lands.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The laws pertaining to mineral leasing, referred to in subsec. (b)(4), are classified generally to Title 30, Mineral Lands and Mining.

Amendments

1992—Subsec. (a). Pub. L. 102–456 substituted “Ed Jenkins National Recreation Area” for “Springer Mountain National Recreation Area”.

§460ggg–2 Recreation Area