16 U.S.C. § 539o: Ancient Bristlecone Pine…

Summary

About 31,700 acres of public land are set aside as the Ancient Bristlecone Pine Forest to protect the trees, keep the area near its natural state, and make sure people can enjoy and study the pines. The area is shown on a map called “Ancient Bristlecone Pine Forest—Proposed” dated July 16, 2008. The Secretary must file that map and a legal description with the House Natural Resources Committee and the Senate Energy and Natural Resources Committee no later than 3 years after March 30, 2009. The filed map is legally binding, the Secretary may fix mistakes, and the map and description must be available for public review at Forest Service offices. The Secretary (the official who runs the Forest Service) must manage the forest to protect its resources, follow the Inyo National Forest management plan as it was on March 30, 2009, and keep the area’s botanical, scenic, and historical values. Only uses that help those goals are allowed, and scientific research is permitted under the Inyo plan as of March 30, 2009. Except for already valid existing rights, all federal land in the forest is withdrawn from public land disposal laws, mining claims, and mineral or geothermal leasing and mineral materials laws.

Title 16, §539o

Conservation, Source: USLM XML via OLRC

(a)Designation

To conserve and protect the Ancient Bristlecone Pines by maintaining near-natural conditions and to ensure the survival of the Pines for the purposes of public enjoyment and scientific study, the approximately 31,700 acres of public land in the State, as generally depicted on the map entitled “Ancient Bristlecone Pine Forest—Proposed” and dated July 16, 2008, is designated as the “Ancient Bristlecone Pine Forest”.

(b)Map and legal description

(1)In general

As soon as practicable, but not later than 3 years after March 30, 2009, the Secretary shall file a map and legal description of the Forest with—

(A)the Committee on Natural Resources of the House of Representatives; and

(B)the Committee on Energy and Natural Resources of the Senate.

(2)Force of law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any errors in the map and legal description.

(3)Public availability

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

(c)Management

(1)In general

The Secretary shall administer the Forest—

(A)in a manner that—

(i)protect the resources and values of the area in accordance with the purposes for which the Forest is established, as described in subsection (a); and

(ii)promotes the objectives of the applicable management plan (as in effect on March 30, 2009), including objectives relating to—

(I)the protection of bristlecone pines for public enjoyment and scientific study;

(II)the recognition of the botanical, scenic, and historical values of the area; and

(III)the maintenance of near-natural conditions by ensuring that all activities are subordinate to the needs of protecting and preserving bristlecone pines and wood remnants; and

(B)in accordance with the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), this section, and any other applicable laws.

(2)Uses

(A)In general

The Secretary shall allow only such uses of the Forest as the Secretary determines would further the purposes for which the Forest is established, as described in subsection (a).

(B)Scientific research

Scientific research shall be allowed in the Forest in accordance with the Inyo National Forest Land and Resource Management Plan (as in effect on March 30, 2009).

(3)Withdrawal

Subject to valid existing rights, all Federal land within the Forest is withdrawn from—

(A)all forms of entry, appropriation or disposal under the public land laws;

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

(C)disposition under all laws relating to mineral and geothermal leasing or mineral materials.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subtitle, referred to in subsec. (b)(2), is subtitle K (§§ 1801–1808) of title I of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1052, which enacted this section and subchapter CXXXIII of chapter 1 of this title, amended section 1274 of this title, enacted provisions set out as notes under section 460vvv and 1274 of this title, and enacted and amended provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of subtitle K to the Code, see Tables. The National Forest Management Act of 1976, referred to in subsec. (c)(1)(B), 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.

Statutory Notes and Related Subsidiaries

Definitions For definitions of terms used in this section, see section 1801 of Pub. L. 111–11, set out as a note under section 460vvv of this title.

§539o Ancient Bristlecone Pine Forest