§ 460jjj-1. — 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: 16USC460jjj-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXI--JEMEZ NATIONAL RECREATIONAL AREA
Sec. 460jjj-1. Administration
(a) In general
The Secretary shall administer the recreation area in accordance
with this subchapter and the laws, rules, and regulations applicable to
National Forest System lands in a manner that will further the purposes
of the recreation area. Management of the natural resources within the
recreation area shall be permitted only to the extent that such
management is compatible with and does not impair the purposes for which
the recreation area is established. Recreational activities within the
recreation area shall include (but not be limited to) hiking, camping,
hunting, fishing, skiing, backpacking, rock climbing, and swimming.
(b) Management plan
The Secretary shall, no later than 5 years after October 12, 1993,
develop a management plan for the recreation area, as an amendment to
the Santa Fe National Forest Land and Resource Management Plan, to
reflect the establishment of the recreation area and to conform to the
provisions of this subchapter. Nothing in this subchapter shall require
the Secretary to revise the Santa Fe Forest Land and Resource Management
Plan pursuant to section 1604 of this title. During development of the
management plan for the recreation area, the Secretary shall study newly
designated land within the recreation area, and adjacent national forest
land.
(c) Cultural resources
In administering the recreation area, the Secretary shall give
particular emphasis to the preservation, stabilization, and protection
of cultural resources located within the recreation area in furtherance
of the Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa
et seq.], the National Historic Preservation Act [16 U.S.C. 470 et
seq.], and the Act of August 11, 1978 [42 U.S.C. 1996, 1996a] (commonly
referred to as the ``American Indian Religious Freedom Act'').
(d) Native Americans
(1) In recognition of the historic use of portions of the recreation
area by Indian peoples for traditional cultural and customary uses, the
Secretary shall, subject to the provisions of subsection (n) of this
section in consultation with local tribal leaders, ensure the protection
of religious and cultural sites and provide access from time to time to
those sites by Indian peoples for traditional cultural and customary
uses. Such access shall be consistent with the purpose and intent of the
Act of August 11, 1978 [42 U.S.C. 1996, 1996a] (commonly referred to as
the ``American Indian Religious Freedom Act''). The Secretary, in
accordance with such Act, upon request of an Indian tribe or pueblo, may
from time to time temporarily close to general public use one or more
specific portions of the recreational area in order to protect
traditional and customary uses in such portions by Indian peoples.
(2) In preparing and implementing management plans for the
recreation area, the Secretary shall request that the Governor of the
Pueblo of Jemez and the chief executive officers of other appropriate
Indian tribes and pueblos make recommendations on methods of--
(A) assuring access to religious and cultural sites;
(B) enhancing the privacy and continuity of traditional cultural
and religious activities in the recreation area; and
(C) protecting traditional cultural and religious sites in the
recreation area.
(e) Wildlife resources
In administering the recreation area, the Secretary shall give
particular emphasis to the conservation and protection of wildlife
resources, including species listed as sensitive by the Forest Service,
within the recreation area and shall comply with applicable Federal and
State laws relating to wildlife, including the Endangered Species Act of
1973 [16 U.S.C. 1531 et seq.].
(f) Hunting
The Secretary shall permit hunting and fishing on lands and waters
under the jurisdiction of the Secretary within the recreation area in
accordance with applicable Federal and State law.
(g) Timber harvesting
The Secretary may permit timber harvesting in the recreation area
for commercial purposes, including (but not limited to) vigas, latillas,
the gathering of fuelwood, and for purposes of public safety,
recreation, wildlife, and administration, insofar as the harvesting is
compatible with the purposes of the recreation area. Trees damaged or
downed due to fire, disease, or insect infestation may be utilized,
salvaged, or removed from the recreation area as authorized by the
Secretary in furtherance of the purposes of this subchapter. Nothing in
this subchapter shall be construed to affect the timber sales under
contract on October 12, 1993. Nothing in this subchapter shall be
construed to effect the Los Griegos timber sale in the Los Griegos
Diversity Unit number 0322 as shown on the West Half Diversity Unit map
of the Santa Fe National Forest dated November 1991; except that the
Secretary shall manage such sale using uneven aged management including
the individual tree selection method.
(h) Grazing
The Secretary may permit grazing within the recreation area in
accordance with regulations prescribed by the Secretary. Riparian areas
shall be managed in such a manner as to protect their important resource
values.
(i) Transportation plan
(1) Within 1 year after October 12, 1993, the Secretary shall
prepare a transportation plan that provides for the most efficient use
of roads and trails to accomplish the purposes of this subchapter. The
plan shall provide for a comprehensive trails system that provides for
dispersed recreation while minimizing impact on significant
archaeological and religious sites.
(2) The Secretary shall construct, maintain, and close roads within
the recreation area after consultation with local tribal leaders and
only in accordance with such plan.
(j) Recreational facilities
The Secretary shall provide for recreational facilities within the
recreation area. Such facilities shall be constructed so as to minimize
impacts on the scenic beauty, the natural character, and the
archaeological and religious sites of the recreation area.
(k) Visitor facilities
The Secretary shall establish a visitor center and interpretive
facilities in or near the recreation area for the purpose of providing
for education relating to the interpretation of cultural and natural
resources of the recreation area.
(l) Power transmission lines
In accordance with Federal and State laws and regulations, the
Secretary may permit a utility corridor for high power electric
transmission lines within the recreation area only when the Secretary
determines that--
(1) there is not a feasible alternative for the location of such
corridor;
(2) damage to the recreational and scenic quality and to the
archaeological and religious sites of the recreation area will not
be significant;
(3) it is in the public interest that such corridor be located
in the recreation area; and
(4) a plan to minimize harm to the resources of the recreation
area has been developed.
(m) Scientific investigations
The Secretary may permit scientific investigations within the
recreation area upon the Secretary's determination that such
investigations are in the public interest and are compatible with the
purposes of this subchapter.
(n) Resource protection
The Secretary may designate zones where, and establish periods when,
any activity otherwise permitted in the recreation area will not be
permitted for reasons of public safety, administration, fish and
wildlife management, protection of archaeological or cultural resources,
or public use and enjoyment. Except in emergencies such designations by
the Secretary shall be put into effect only after consultation with the
appropriate State agencies, appropriate tribal leaders, and other
affected parties.
(Pub. L. 103-104, Sec. 2, Oct. 12, 1993, 107 Stat. 1025.)
References in Text
The Archaeological Resources Protection Act of 1979, referred to in
subsec. (c), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721, which is
classified generally to chapter 1B (Sec. 470aa et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 470aa of this title and Tables.
The National Historic Preservation Act, referred to in subsec. (c),
is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is
classified generally to subchapter II (Sec. 470 et seq.) of chapter 1A
of this title. For complete classification of this Act to the Code, see
section 470 of this title and Tables.
The American Indian Religious Freedom Act, referred to in subsecs.
(c) and (d)(1), is Pub. L. 95-341, Aug. 11, 1978, 92 Stat. 469, as
amended, which is classified to sections 1996 and 1996a of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 1996 of Title 42
and Tables.
The Endangered Species Act of 1973, referred to in subsec. (e), is
Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 (Sec. 1531 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1531 of this title and Tables.
