§539h — Title 16 Conservation | U.S. Code

Summary

Creates the Greer Spring Special Management Area to protect its natural, archaeological, and scenic features and to allow outdoor recreation like fishing and hunting. The Secretary must run the area under this act and the usual National Forest rules when they fit. The area is the land and water shown on the official map, and the Secretary may make small boundary changes. Timber cutting is allowed only to stop insects or disease, for public safety, to salvage damaged trees, or to meet the area’s goals, and is to use the individual tree selection method when possible. Hunting and fishing are allowed under federal and state law. Except for valid existing rights, the lands are removed from use under U.S. mining laws and from mineral and geothermal leasing. Only the roads shown on the map may be built or kept, but the Secretary must allow access for those roads or for needed timber work while minimizing harm to the environment.

Title 16, §539h

Conservation — Source: USLM XML via OLRC

(a)In order to provide for public outdoor recreation use, including fishing and hunting, in a natural setting, and the enjoyment of certain areas within the Mark Twain National Forest, to protect those areas’ natural, archaeological, and scenic resources, and to provide for appropriate resource management of those areas, there is hereby established the Greer Spring Special Management Area (hereinafter referred to as “the special management area”). The Secretary shall manage the special management area in accordance with this Act, and with provisions of law generally applicable to units of the National Forest System to the extent consistent with this Act.

(b)The special management area shall consist of lands, waters, and interests therein within the area referred to on the map as “The Greer Spring Special Management Area”. The Secretary is authorized to make minor revisions to the boundary of the special management area.

(c)The Secretary shall permit the harvesting of timber within the special management area only in those cases where, in the judgment of the Secretary, the harvesting of timber is required in order to control insects or disease, for public safety, for salvage sales, or to accomplish the objectives of the special management area as described in subsection (a). To the extent practicable, timber harvesting shall be conducted only by the individual tree selection method.

(d)The Secretary shall permit hunting and fishing on lands and waters within the special management area in accordance with applicable Federal and State law.

(e)Subject to valid, existing rights, lands within the special management areas are withdrawn from location, entry, and patent under the mining laws of the United States, and from the operation of the mineral and geothermal leasing laws of the United States.

(f)The Secretary shall construct and maintain only those roads within the special management area and corridor which are indicated on the map: Provided, That the Secretary shall provide access to such roads, or to timber harvesting pursuant to subsection (c), in such a manner as to minimize environmental impact.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 102–220, Dec. 11, 1991, 105 Stat. 1674, known as the Greer Spring Acquisition and Protection Act of 1991, which enacted this section and provisions set out below. For complete classification of this Act to the Code, see section 1 of Pub. L. 102–220, set out below, and Tables. Geothermal leasing laws of the United States, referred to in subsec. (e), are classified principally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining.

Statutory Notes and Related Subsidiaries

Greer Spring Acquisition and Protection Pub. L. 102–220, §§ 1–3, 5, Dec. 11, 1991, 105 Stat. 1674, 1675, as amended by Pub. L. 113–287, § 5(d)(13), Dec. 19, 2014, 128 Stat. 3265, provided that: “section 1.

Short Title

.“This Act [enacting this section] may be cited as the ‘Greer Spring Acquisition and Protection Act of 1991’. “SEC. 2. ACQUISITION OF THE DENNIG TRACT.“(a) The Secretary of Agriculture (hereinafter referred to as the ‘Secretary’) is hereby authorized and directed, subject to appropriations, to acquire all of the lands, waters, and interests therein, on a willing seller basis only, within the area generally depicted on a map entitled ‘Dennig Tract’, dated

November 5, 1991 (hereinafter referred to as ‘the map’). The map, together with a legal description of such lands, shall be on file and available for public inspection in the offices of the Forest Service, Department of Agriculture. The boundaries of the Mark Twain National Forest are hereby modified to include the area denoted ‘Dennig Property Outside of National Forest Boundary’ on the map. Such map and legal description shall have the same force and effect as if included in this Act, except that the correction of clerical and typographical errors in such map and legal description may be made by the Secretary. “(b) Such modified boundaries shall be considered as the boundaries in existence as of

January 1, 1965, for the purposes of section 100506 of title 54, United States Code. “SEC. 3. ELEVEN POINT WILD AND SCENIC RIVER.“The Secretary shall manage the lands, waters, and interests therein within the area referred to on the map as ‘The Eleven Point Wild and Scenic Corridor’ (hereinafter referred to as ‘the corridor’), pursuant to the provisions of the Wild and Scenic Rivers Act (16 U.S.C. 1271–1287). Lands acquired pursuant to section 2 of this Act within the corridor shall not be counted against the average one-hundred-acre-per-mile fee limitation of section 6(a)(1) of the Wild and Scenic Rivers Act [16 U.S.C. 1277(a)(1)], nor shall such lands outside the corridor be subject to the provisions of section 6(a)(2) of the Wild and Scenic Rivers Act. “SEC. 5. APPROPRIATIONS.“There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.” [Pub. L. 113–287, § 5(d)(13), Dec. 19, 2014, 128 Stat. 3265, which directed amendment of section 2(b) of Pub. L. 102–220, set out above, by substituting “section 100506 of title 54, United States Code” for “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)”, was executed by making the substitution for “section 7 of the Land and Water Conservation Fund Act (16 U.S.C. 4601–9)” to reflect the probable intent of Congress.]

§539h Greer Spring Special Management Area