§ 539g. — Kings River Special Management Area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC539g]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 539g. Kings River Special Management Area
(a) Establishment
In order to provide for public outdoor recreation use and enjoyment
of certain areas within the Sierra National Forest and the Sequoia
National Forest, to protect those areas' natural, archaeological, and
scenic resources, and to provide for appropriate fish and wildlife
management of those areas, there is hereby established the Kings River
Special Management Area (hereinafter in this Act referred to as the
``special management area''). The special management area shall be
administered by the Secretary of Agriculture (hereinafter in this Act
referred to as ``the Secretary'') through the Sierra National Forest.
(b) Area included
The special management area shall consist of the lands, waters, and
interests therein within the area generally depicted on the map entitled
``Boundary Map, Kings River Special Management Area'', dated April 1987.
The map shall be on file and available for public inspection in the
offices of the National Forest Service, Department of Agriculture. The
Secretary of Agriculture may from time to time make minor revisions of
the boundary of the special management area.
(c) Administration
The Secretary shall administer the special management area in
accordance with this Act and with the provisions of law generally
applicable to units of the National Forest System. In the case of any
conflict between the provisions of such Acts, the provisions of this Act
shall govern. In the administration of the special management area the
Secretary may utilize such statutory authority as may be available to
him for the conservation of wildlife and natural resources as he deems
necessary to carry out the purposes of this Act. Nothing in this Act
shall be construed to prohibit grazing within the special management
area to the same extent, and in accordance with the same rules and
regulations as applicable in the absence of this Act. The Secretary may
permit the cutting of timber within the special management area only in
those cases where in the judgment of the Secretary the cutting of such
timber is required in order to control the attacks of fire, insects, or
diseases or to otherwise conserve the scenery or the natural or
historical objects in the area.
(d) Mining and mineral leasing
Subject to valid existing rights, lands within the special
management area are withdrawn from location, entry, and patent under the
mining laws of the United States, from the operation of the mineral
leasing laws of the United States and from operation of the Geothermal
Steam Act of 1970 [30 U.S.C. 1001 et seq.].
(e) Hunting and fishing
The Secretary shall permit hunting and fishing on lands and waters
within the special management area in accordance with applicable Federal
and State law. The Secretary may designate zones where, and establish
periods when, such activities will not be permitted for reasons of
public safety, administration, fish and wildlife management or public
use and enjoyment. Except in emergencies, regulations issued by the
Secretary under this subsection shall be put into effect only after
consultation with the appropriate State agencies responsible for hunting
and fishing activities.
(f) Management plan
After consultation with the State of California, the Secretary shall
publish a management plan for the special management area within three
years after November 3, 1987. The plan shall provide for public outdoor
recreation use and enjoyment of the special management area, protect the
area's natural, archeological, and scenic resources, and provide for
appropriate fish and wildlife management within the area. The plan shall
contain provisions for management of vegetation within the area designed
to enhance the wildlife carrying capacity of the area. The plan shall
permit off-road vehicular use of off-road trails to the same extent and
in the same locations as was permitted before November 3, 1987. The plan
shall provide for the development of hiking trails in the special
management area and shall include a trail from Garlic Creek to Little
Tehipite Valley.
(g) Access to private lands
If any State or privately owned land or any valid mining claim or
other valid occupancy is within the special management area, or if State
or private subsurface rights underlie public lands within the special
management area, the Secretary shall provide the State or private owner,
claimant, or occupier and their successors in interest such rights as
may be necessary to assure adequate and feasible access for economic and
other purposes to the site concerned. Such rights shall be subject to
reasonable regulations issued by the Secretary to protect the natural
and other values of the special management area, taking into account the
traditional and customary means of access used prior to November 3,
1987.
(h) Specific protections
In recognition of the dispute that exists over whether a dam project
should be constructed in the segment of the Main Stem of the Kings River
from the point at elevation 1,595 feet above mean sea level downstream
to the point at elevation 990 feet above mean sea level, Congress
declares its intention at this time not to designate that segment of the
Kings River as a component of the Wild and Scenic Rivers System.
Notwithstanding any other provision of law, no Federal lands may be used
for the construction of any dam or diversion within the boundaries of
the special management area without specific authority of the Congress.
In order to protect the natural, cultural, recreational, fishery, and
wildlife values of the river segment referred to in this subsection,
that segment shall be subject to the provisions of section 1278(a) of
this title, in the same manner as if it were designated. Nothing in this
Act shall preclude the Kings River Conservation District from conducting
studies as it may deem appropriate.
(Pub. L. 100-150, Sec. 2, Nov. 3, 1987, 101 Stat. 881.)
References in Text
This Act, referred to in subsecs. (a), (c), and (h), is Pub. L. 100-
150, Nov. 3, 1987, 101 Stat. 881, which enacted this section and amended
section 1274 of this title. For complete classification of this Act to
the Code, see Tables.
The mining laws and the mineral leasing laws of the United States,
referred to in subsec. (d), are classified generally to Title 30,
Mineral Lands and Mining.
The Geothermal Steam Act of 1970, referred to in subsec. (d), is
Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which is
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
For complete classification of this Act to the Code, see Short Title
note set out under section 1001 of Title 30 and Tables.
