§ 460bbb-3. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460bbb-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIII--SMITH RIVER NATIONAL RECREATION AREA
Sec. 460bbb-3. Administration
(a) In general
The Secretary shall administer the recreation area in accordance
with this subchapter and the laws, rules, and regulations applicable to
the National Forest System in furtherance of the purposes for which the
recreation area was established. In administering the recreation area,
the Secretary shall, consistent with the applicable area management
emphasis provided under subsection (b) of this section, undertake the
following:
(1) Provide for a broad range of recreation uses and provide
recreational and interpretive services and facilities (including
trails and campgrounds) for the public.
(2) Provide and maintain adequate public access, including
vehicular roads for general recreational activities such as camping,
hiking, hunting, and fishing.
(3) Improve the anadromous fishery and water quality, including
(but not limited to) stabilizing landslides, improving fish spawning
and rearing habitat, and placing appropriate restrictions or
limitations on soil disturbing activities.
(4) Permit the use of off-road vehicles only on designated
routes.
(5) Provide for public health and safety and for the protection
of the recreation area in the event of fire or infestation of
insects or disease.
(6) Permit programmed timber harvest only in those management
areas where timber harvest is specifically authorized by subsection
(b) of this section. Timber management in these areas shall
incorporate the use of strategies to reduce habitat fragmentation
and employ silvicultural prescriptions designed to maintain or
enhance biological diversity and wildlife habitats (such as
retention of standing green trees, snags, and other coarse woody
debris) by providing for a high level of structural and
compositional diversity in managed stands.
(7) Permit removal of trees within streamside protection zones
along those rivers and river segments specified in section 460bbb-8
of this title only when necessary for human health and safety, to
maintain trails or existing roads, for the development of recreation
or other facilities, for the protection of the recreation area in
the event of fire, or to improve fish and wildlife habitat.
(8) Consistent with applicable requirements of law, permit
removal of trees in those management areas where timber harvest is
not specifically authorized by subsection (b) of this section when
necessary for human health and safety, to maintain trails or
existing roads, for the development of recreation or other
facilities, for the protection of the recreation area in the event
of fire, or to improve fish and wildlife habitat. Timber damaged or
down in these areas as a result of fire, insects, disease, blowdown
or other natural events shall otherwise be retained in its natural
condition, with removal permitted only upon a written determination
by the Secretary, based upon written findings, that such removal is
necessary to provide for or maintain or enhance biological and
ecological diversity, without regard for the commodity value of the
timber. Such a decision shall not be delegable by the Secretary but
shall be subject to administrative appeal and judicial review.
(9) Provide for the long-term viability and presence of Port-
Orford-cedar and ensure its continued present economic and
noneconomic uses through implementation of management strategies
developed by the Forest Service.
(10) Except where timber harvest is specifically authorized by
subsection (b) of this section protect, preserve, and increase old
growth forest habitat in the recreation area.
(11) Provide for the restoration of landscapes damaged by past
human activity consistent with the purposes of this subchapter.
(12) Develop a monitoring program to consistently gather water
quality, air quality, wildlife, and fisheries data from
representative Smith River subwatersheds.
(13) Develop and implement a management plan to maintain,
protect, and promote habitat for native resident trout species in
the recreation area.
(14) Cooperate with other Federal, State, and local government
agencies in coordinating planning efforts throughout the Smith River
watershed.
(b) Management areas
(1) The recreation area shall contain eight management areas, as
generally depicted on the map referred to in section 460bbb-2(b) of this
title. The Secretary may, pursuant to section 460bbb-2(b) of this title,
make minor revisions or amendments to the boundaries of the management
areas.
(2) The Secretary shall administer each management area within the
recreation area in accordance with the following:
(A) The management emphasis for the North Fork management area
shall be on back-country and whitewater recreation, while
recognizing unique botanic communities, outstanding whitewater, and
historic and scenic values.
(B) The management emphasis for the Upper Middle Fork management
area shall be on providing and maintaining ecologic and biologic
diversity. Timber harvest shall be permitted, consistent with
subsection (a)(6) of this section, only in existing plantations.
(C) The management emphasis for the Middle Fork-Highway 199
management area shall be on maintaining wildlife values and
providing for a full range of recreation uses, with particular
emphasis on the scenic and recreation values associated with the
Smith River, old growth redwoods, and California State Highway 199.
(D) The management emphasis for the Upper South Fork management
area shall be on wild river and roadless back-country recreation.
(E) The management emphasis for the Lower South Fork management
area shall be on maintaining and protecting natural scenic values in
the river canyon while providing for traditional and compatible
river sports, including white water rafting, angling, sightseeing,
and developed and dispersed recreation. Timber harvests based on
uneven-aged management with extended rotations shall be allowed
where consistent with protection of the scenic values of the
recreation area.
(F) The management emphasis for the Lower Hurdygurdy Creek
management area shall be on maintenance of wildlife values while
providing rustic family and group recreation facilities for fishing,
swimming, hunting, and camping. Timber harvests based on uneven-aged
management with extended rotations shall be allowed where consistent
with protection of scenic and wildlife values.
(G) The management emphasis for the prescribed timber management
area shall be on providing a sustained yield of wood products while
maintaining biological and ecological diversity.
(H) The management of the Siskiyou Wilderness management area
shall be pursuant to the provisions of the Wilderness Act (16 U.S.C.
1131 et seq.). The Gasquet-Orleans Road corridor between the eastern
edge of section 36, T. 14 N., R. 3 E, and the corridor's eastern
terminus in the middle of section 26, T. 14 N., R. 4 E. shall be
added to the Siskiyou Wilderness.
(c) Wild and scenic rivers
The river segments designated as wild and scenic rivers by the
amendments made by section 10(b) of this Act shall be administered in
accordance with this subchapter and the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.). In case of conflict between the provisions of
these Acts, the more restrictive provision shall apply.
(Pub. L. 101-612, Sec. 5, Nov. 16, 1990, 104 Stat. 3210.)
References in Text
The Wilderness Act (16 U.S.C. 1131 et seq.), referred to in subsec.
(b)(2)(H), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended,
which is classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1131 of this title and Tables.
Section 10(b) of this Act, referred to in subsec. (c), is section
10(b) of Pub. L. 101-612, Nov. 16, 1990, 104 Stat. 3215, which amended
section 1274 of this title.
The Wild and Scenic Rivers Act, referred to in subsec. (c), is Pub.
L. 90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is classified
generally to chapter 28 (Sec. 1271 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1271 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 460bbb-8 of this title.
