16 U.S.C. § 460qq: Establishment

Summary

Creates the Allegheny National Recreation Area of about 23,100 acres inside the Allegheny National Forest, shown on a map dated March 1984. The Secretary of Agriculture can change the boundaries to fix mistakes or to add nearby lands that are bought. The area must be run for outdoor recreation (like hunting, fishing, hiking, camping, boating, and nature study), for protecting fish, wildlife, habitat, watersheds, and water quality, and for keeping scenic and cultural values. Private oil, gas, and mineral development may be allowed under reasonable conditions and only if there are no valid existing rights. The Secretary must follow National Forest rules, require a plan of operations for any mineral work with reclamation and revegetation after each phase, and make a management plan (major changes need an environmental review). Hunting, fishing, and trapping follow federal and state law, but the Secretary can set no‑hunt zones or seasons after consulting the state, except in emergencies. Federally owned minerals in the area are withdrawn from mining and leasing laws, except for valid existing rights. The law does not affect other National Forest areas.

Title 16, §460qq

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(a)Designation of area; revision of boundaries

In furtherance of the findings and purposes of this subchapter, certain lands in the Allegheny National Forest, Pennsylvania, which comprise approximately twenty-three thousand one hundred acres, as generally depicted on a map entitled “Allegheny National Recreation Area—Proposed”, dated March 1984, are hereby designated as the Allegheny National Recreation Area (hereinafter in this subchapter referred to as the “national recreation area”). The Secretary of Agriculture may revise the boundaries of the national recreation area to correct errors or to include additional lands acquired adjacent to the area.

(b)Description of purposes

The national recreation area shall be managed for the purposes of— (1)

(2)the conservation of fish and wildlife populations and habitat;

(3)the protection of watersheds and the maintenance of free flowing streams and the quality of ground and surface waters in accordance with applicable law;

(4)the conservation of scenic, cultural, and other natural values of the area;

(5)allowing the development of privately owned oil, gas, and mineral resources subject to reasonable conditions prescribed by the Secretary under subsection (c) for the protection of the area; and

(6)minimizing, to the extent practicable, environmental disturbances caused by resource development, consistent with the exercise of private property rights.

(c)Administration; plan of operations

The Secretary shall administer the national recreation area in accordance with the purposes described in subsection (b) and the laws, rules, and regulations applicable to the National Forest System. Subject to valid existing rights, any activity associated with the exploration, development, or transportation of oil, gas, or other minerals shall be subject to such reasonable conditions as the Secretary may prescribe, and in accordance with the management plan described in subsection (d), to achieve the purposes, described in subsection (b), of the national recreation area. For any such activity, the Secretary shall require a plan of operations which shall include provisions for adequate reclamation, including, to the extent practicable, revegetation and rehabilitation after each phase of operations is completed.

(d)Management plan

The Secretary shall prepare, and may from time to time amend, a management plan for the national recreation area. The plan may be prepared in conjunction with, or incorporated with, ongoing planning for the Allegheny National Forest in accordance with the National Forest Management Act of 1976. The initial management plan and significant amendments or revisions shall be accompanied by an environmental impact statement prepared in accordance with the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

(e)Hunting, fishing, and trapping

The Secretary shall permit hunting, fishing, and trapping within the boundaries of the national recreation area in accordance with applicable Federal and State laws except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any prohibitions or restrictions made pursuant to this subsection shall be put into effect only after consultation with the appropriate State fish and game department.

(f)Withdrawal of minerals from appropriation and disposition

Subject to valid existing rights, the minerals in all federally owned lands within the national recreation area designated by this subchapter are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, including all laws pertaining to geothermal leasing, and all amendments thereto.

(g)Other National Forest management areas unaffected

Nothing in this section shall be construed to apply to or have any effect on any other management area of the National Forest System, including any wilderness area or any other national recreation area.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a) and (f), was in the original “this Act”, meaning Pub. L. 98–585, Oct. 30, 1984, 98 Stat. 3100, known as the Pennsylvania 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 National Forest Management Act of 1976, referred to in subsec. (d), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted section 472a, 521b, 1600, and 1611 to 1614 of this title, amended section 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed section 476, 513, and 514 of this title, and enacted provisions set out as notes under section 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see

Short Title

of 1976 Amendment note set out under section 1600 of this title and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (d), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 4321 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

Findings and Purpose; Map and DescriptionFor Congressional findings, statement of purpose, and requirements for filing of maps and legal descriptions under Pub. L. 98–585, Pennsylvania Wilderness Act of 1984, see section 2, 3, and 7 of Pub. L. 98–585, Oct. 30, 1984, 98 Stat. 3100, 3102.

§460qq Establishment

Summary

Title 16, §460qq

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Statutory Notes and Related Subsidiaries

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