§ 539h. — Greer Spring 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: 16USC539h]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 539h. Greer Spring Special Management Area
(a) Objectives and establishments
In order to provide for public outdoor recreation use, including
fishing and hunting, in a natural setting, and the enjoyment of certain
areas within the Mark Twain National Forest, to protect those areas'
natural, archaeological, and scenic resources, and to provide for
appropriate resource management of those areas, there is hereby
established the Greer Spring Special Management Area (hereinafter
referred to as ``the special management area''). The Secretary shall
manage the special management area in accordance with this Act, and with
provisions of law generally applicable to units of the National Forest
System to the extent consistent with this Act.
(b) Area included
The special management area shall consist of lands, waters, and
interests therein within the area referred to on the map as ``The Greer
Spring Special Management Area''. The Secretary is authorized to make
minor revisions to the boundary of the special management area.
(c) Timber harvesting
The Secretary shall permit the harvesting of timber within the
special management area only in those cases where, in the judgment of
the Secretary, the harvesting of timber is required in order to control
insects or disease, for public safety, for salvage sales, or to
accomplish the objectives of the special management area as described in
subsection (a) of this section. To the extent practicable, timber
harvesting shall be conducted only by the individual tree selection
method.
(d) 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.
(e) Mining and mineral leasing
Subject to valid, existing rights, lands within the special
management areas are withdrawn from location, entry, and patent under
the mining laws of the United States, and from the operation of the
mineral and geothermal leasing laws of the United States.
(f) Vehicular access
The Secretary shall construct and maintain only those roads within
the special management area and corridor which are indicated on the map:
Provided, That the Secretary shall provide access to such roads, or to
timber harvesting pursuant to subsection (c) of this section, in such a
manner as to minimize environmental impact.
(Pub. L. 102-220, Sec. 4, Dec. 11, 1991, 105 Stat. 1674.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 102-220, Dec. 11,
1991, 105 Stat. 1674, known as the Greer Spring Acquisition and
Protection Act of 1991, which enacted this section and provisions set
out below. For complete classification of this Act to the Code, see
section 1 of Pub. L. 102-220, set out below, and Tables.
The mining laws and the mineral leasing laws of the United States,
referred to in subsec. (e), are classified generally to Title 30,
Mineral Lands and Mining.
Geothermal leasing laws of the United States, referred to in subsec.
(e), are classified principally to chapter 23 (Sec. 1001 et seq.) of
Title 30.
Greer Spring Acquisition and Protection
Sections 1 to 3 and 5 of Pub. L. 102-220 provided that:
``SECTION 1. SHORT TITLE.
``This Act [enacting this section] may be cited as the `Greer Spring
Acquisition and Protection Act of 1991'.
``SEC. 2. ACQUISITION OF THE DENNIG TRACT.
``(a) The Secretary of Agriculture (hereinafter referred to as the
`Secretary') is hereby authorized and directed, subject to
appropriations, to acquire all of the lands, waters, and interests
therein, on a willing seller basis only, within the area generally
depicted on a map entitled `Dennig Tract', dated November 5, 1991
(hereinafter referred to as `the map'). The map, together with a legal
description of such lands, shall be on file and available for public
inspection in the offices of the Forest Service, Department of
Agriculture. The boundaries of the Mark Twain National Forest are hereby
modified to include the area denoted `Dennig Property Outside of
National Forest Boundary' on the map. Such map and legal description
shall have the same force and effect as if included in this Act, except
that the correction of clerical and typographical errors in such map and
legal description may be made by the Secretary.
``(b) Such modified boundaries shall be considered as the boundaries
in existence as of January 1, 1965, for the purposes of section 7 of the
Land and Water Conservation Fund Act (16 U.S.C. 460l-9).
``SEC. 3. ELEVEN POINT WILD AND SCENIC RIVER.
``The Secretary shall manage the lands, waters, and interests
therein within the area referred to on the map as `The Eleven Point Wild
and Scenic Corridor' (hereinafter referred to as `the corridor'),
pursuant to the provisions of the Wild and Scenic Rivers Act (16 U.S.C.
1271-1287). Lands acquired pursuant to section 2 of this Act within the
corridor shall not be counted against the average one-hundred-acre-per-
mile fee limitation of Section 6(a)(1) of the Wild and Scenic Rivers Act
[16 U.S.C. 1277(a)(1)], nor shall such lands outside the corridor be
subject to the provisions of Section 6(a)(2) of the Wild and Scenic
Rivers Act.
``SEC. 5. APPROPRIATIONS.
``There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.''
