§ 460oo. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460oo]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER C--OREGON CASCADES RECREATION AREA
Sec. 460oo. Establishment
(a) In general
In order to conserve, protect, and manage, in a substantially
undeveloped condition, certain National Forest System lands in the State
of Oregon having unique geographic, topographic, biological, ecological
features and possessing significant scenic, wildlife, dispersed
recreation, and watershed values, there is hereby established, within
the Umpqua, Willamette, Winema and Deschutes National Forests, the
Oregon Cascades Recreation Area (hereinafter referred to in this
subchapter as the ``recreation area'').
(b) Administration
The recreation area shall comprise approximately one hundred fifty-
six thousand nine hundred acres as generally depicted on a map entitled
``Oregon Cascades Recreation Area'' dated March 1984. Except as
otherwise provided in this section, the Secretary of Agriculture
(hereinafter referred to as the ``Secretary'') shall administer and
manage the recreation area in accordance with the laws and regulations
applicable to the National Forest System so as to enhance scenic and
watershed values, wildlife habitat, and dispersed recreation.
(c) Management plan
The recreation area shall be managed in accordance with plans
prepared in subsection (g) of this section to:
(1) provide a range of recreation opportunities from primitive
to full service developed campgrounds;
(2) provide access for use by the public;
(3) to the extent practicable, maintain the natural and scenic
character of the area; and
(4) provide for the use of motorized recreation vehicles.
(d) Mining
(1) Subject to valid existing rights, all mining claims located
within the recreation area shall be subject to such reasonable
regulations as the Secretary may prescribe to insure that mining
activities will, to the maximum extent practicable, be consistent with
the purposes for which the recreation area is established. Any patent
issued after June 26, 1984, shall convey title only to the minerals
together with the right to use the surface of lands for mining purposes
subject to such reasonable regulations as the Secretary shall prescribe.
(2) Effective January 1, 1989, and subject to valid existing rights,
the lands located within the recreation area are hereby withdrawn from
all forms of appropriation under the mining laws and from disposition
under all laws pertaining to the mineral leasing and geothermal leasing
and all amendments thereto.
(e) Allowance of limited activities and facilities
Within the recreation area, the Secretary may permit, under
appropriate regulations those limited activities and facilities which he
determines necessary for resource protection and management and for
visitor safety and comfort, including--
(1) those necessary to prevent and control wildfire, insects,
diseases, soil erosion, and other damaging agents including timber
harvesting activities necessary to prevent catastrophic mortality
from insects, diseases or fire;
(2) those necessary to maintain or improve wildlife habitat,
water yield and quality, forage production, and dispersed outdoor
recreation opportunities;
(3) livestock grazing, to the extent that such use will not
significantly adversely affect the resources of the recreation area;
(4) salvage of major timber mortality caused by fire, insects,
disease, blowdown, or other causes when the scenic characteristics
of the recreation area are significantly affected, or the health and
safety of the public is threatened, or the overall protection of the
forested area inside or outside the recreation area might be
adversely affected by failure to remove the dead or damaged timber;
(5) those developments or facilities necessary for the public
enjoyment and use of the recreation area, when such development or
facilities do not detract from the purposes of the recreation area;
and
(6) public service land occupancies, including power
transmission lines, provided there is no feasible alternative
location, and, the Secretary finds that it is in the public interest
to locate such facilities within the recreation area.
(f) Wilderness lands
The following lands within the recreation area are hereby designated
as wilderness and therefore as components of the National Wilderness
Preservation System, and shall, notwithstanding any other provisions of
this section, be administered by the Secretary in accordance with the
applicable provisions of the Wilderness Act [16 U.S.C. 1131 et seq.]:
Certain lands in the Umpqua, Willamette, and Winema National Forests
which comprise approximately fifty-five thousand one hundred acres, are
generally depicted on a map dated March 1984, entitled ``Mount Thielsen
Wilderness--Proposed'', and which shall be known as the Mount Thielsen
Wilderness; and certain lands in the Willamette and Deschutes National
Forests, which comprise approximately fifteen thousand seven hundred
acres, are generally depicted on a map dated March 1984, entitled
``Diamond Peak Wilderness Additions--Proposed'', and which are hereby
incorporated in, and which shall be deemed to be a part of, the Diamond
Peak Wilderness as designated in Public Law 88-577.
(g) Forest plans; integrated management plans
Management direction for the recreation area shall be developed in
either the forest plans developed for the Umpqua, Winema, Deschutes and
Willamette Forests in accordance with section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974, as amended [16
U.S.C. 1604], or in an integrated management plan that shall be prepared
within three years from June 26, 1984, and revised in accordance with
the Forest and Rangeland Renewable Resources Planning Act of 1974, as
amended [16 U.S.C. 1600 et seq.]. Any plan developed by the Secretary
for the recreation area shall identify and designate specific and
appropriate areas and routes for the use of motorized recreation
vehicles within the recreation area.
(Pub. L. 98-328, Sec. 4, June 26, 1984, 98 Stat. 275.)
References in Text
This subchapter, referred to in subsec. (a), was in the original
``the Act'', meaning Pub. L. 98-328, June 26, 1984, 98 Stat. 272, known
as the Oregon 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 mining laws and the mineral leasing laws, referred to in subsec.
(d)(2), are classified generally to Title 30, Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (d)(2), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
The Wilderness Act and Public Law 88-577, referred to in subsec.
(f), are 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.
The Forest and Rangeland Renewable Resources Planning Act of 1974,
referred to in subsec. (g), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat.
476, as amended, which is classified generally to subchapter I
(Sec. 1600 et seq.) of chapter 36 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1600 of this title and Tables.
Map of Recreation Area
Section 5(a) of Pub. L. 98-328 provided in part that as soon as
practicable after June 6, 1984, the Secretary of Agriculture was to file
the map referred to in this section with the Committee on Energy and
Natural Resources, Senate, and the Committee on Interior and Insular
Affairs, House of Representatives, and that such map would have the same
force and effect as if included in this section: Provided, That
correction of clerical and typographical errors in such map could be
made. Such map was to be on file and available for public inspection in
the Office of the Chief of the Forest Service, Department of
Agriculture; and the Director, Bureau of Land Management, Department of
the Interior.
