§ 460qq. — 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: 16USC460qq]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CII--ALLEGHENY NATIONAL RECREATION AREA
Sec. 460qq. Establishment
(a) Designation of area; revision of boundaries
In furtherance of the findings and purposes of this subchapter,
certain lands in the Allegheny National Forest, Pennsylvania, which
comprise approximately twenty-three thousand one hundred acres, as
generally depicted on a map entitled ``Allegheny National Recreation
Area--Proposed'', dated March 1984, are hereby designated as the
Allegheny National Recreation Area (hereinafter in this subchapter
referred to as the ``national recreation area''). The Secretary of
Agriculture may revise the boundaries of the national recreation area to
correct errors or to include additional lands acquired adjacent to the
area.
(b) Description of purposes
The national recreation area shall be managed for the purposes of--
(1) outdoor recreation including, but not limited to, hunting,
fishing, hiking, backpacking, camping, nature study, and the use of
motorized and nonmotorized boats on the Allegheny Reservoir;
(2) the conservation of fish and wildlife populations and
habitat;
(3) the protection of watersheds and the maintenance of free
flowing streams and the quality of ground and surface waters in
accordance with applicable law;
(4) the conservation of scenic, cultural, and other natural
values of the area;
(5) allowing the development of privately owned oil, gas, and
mineral resources subject to reasonable conditions prescribed by the
Secretary under subsection (c) of this section for the protection of
the area; and
(6) minimizing, to the extent practicable, environmental
disturbances caused by resource development, consistent with the
exercise of private property rights.
(c) Administration; plan of operations
The Secretary shall administer the national recreation area in
accordance with the purposes described in subsection (b) of this section
and the laws, rules, and regulations applicable to the National Forest
System. Subject to valid existing rights, any activity associated with
the exploration, development, or transportation of oil, gas, or other
minerals shall be subject to such reasonable conditions as the Secretary
may prescribe, and in accordance with the management plan described in
subsection (d) of this section, to achieve the purposes, described in
subsection (b) of this section, of the national recreation area. For any
such activity, the Secretary shall require a plan of operations which
shall include provisions for adequate reclamation, including, to the
extent practicable, revegetation and rehabilitation after each phase of
operations is completed.
(d) Management plan
The Secretary shall prepare, and may from time to time amend, a
management plan for the national recreation area. The plan may be
prepared in conjunction with, or incorporated with, ongoing planning for
the Allegheny National Forest in accordance with the National Forest
Management Act of 1976. The initial management plan and significant
amendments or revisions shall be accompanied by an environmental impact
statement prepared in accordance with the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.].
(e) Hunting, fishing, and trapping
The Secretary shall permit hunting, fishing, and trapping within the
boundaries of the national recreation area in accordance with applicable
Federal and State laws except that the Secretary may designate zones
where, and establish periods when, no hunting, fishing, or trapping
shall be permitted for reasons of public safety, administration, or
public use and enjoyment. Except in emergencies, any prohibitions or
restrictions made pursuant to this subsection shall be put into effect
only after consultation with the appropriate State fish and game
department.
(f) Withdrawal of minerals from appropriation and disposition
Subject to valid existing rights, the minerals in all federally
owned lands within the national recreation area designated by this
subchapter are withdrawn from all forms of appropriation under the
mining laws and from disposition under all laws pertaining to mineral
leasing, including all laws pertaining to geothermal leasing, and all
amendments thereto.
(g) Other National Forest management areas unaffected
Nothing in this section shall be construed to apply to or have any
effect on any other management area of the National Forest System,
including any wilderness area or any other national recreation area.
(Pub. L. 98-585, Sec. 6, Oct. 30, 1984, 98 Stat. 3101.)
References in Text
This subchapter, referred to in subsecs. (a) and (f), was in the
original ``this Act'', meaning Pub. L. 98-585, Oct. 30, 1984, 98 Stat.
3100, known as the Pennsylvania 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 National Forest Management Act of 1976, referred to in subsec.
(d), is Pub. L. 94-588, Oct. 22, 1976, 90 Stat. 2949, as amended, which
enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title,
amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this
title, repealed sections 476, 513, and 514 of this title, and enacted
provisions set out as notes under sections 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.
The National Environmental Policy Act of 1969, referred to in
subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) 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 4321 of
Title 42 and Tables.
The mining laws and the mineral leasing laws, referred to in subsec.
(f), are classified generally to Title 30, Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (f), are classified
principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
Findings and Purpose; Map and Description
For Congressional findings, statement of purpose, and requirements
for filing of maps and legal descriptions under Pub. L. 98-585,
Pennsylvania Wilderness Act of 1984, see sections 2, 3, and 7 of Pub. L.
98-585, Oct. 30, 1984, 98 Stat. 3100, 3102.
