§ 90c-1. — Administration of recreation areas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC90c-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER X--NORTH CASCADES NATIONAL PARK
Sec. 90c-1. Administration of recreation areas
(a) Statement of purposes; utilization of authorities for administration
of national park system and for conservation and management of
natural resources
The Secretary shall administer the recreation areas in a manner
which in his judgment will best provide for (1) public outdoor
recreation benefits and (2) conservation of scenic, scientific,
historic, and other values contributing to public enjoyment. Within that
portion of the Lake Chelan National Recreation Area which is not
designated as wilderness, such management, utilization, and disposal of
renewable natural resources and the continuation of existing uses and
developments as will promote, or are compatible with, or do not
significantly impair public recreation and conservation of the scenic,
scientific, historic, or other values contributing to public enjoyment,
are authorized. In administering the recreation areas, the Secretary may
utilize such statutory authorities pertaining to the administration of
the national park system, and such statutory authorities otherwise
available to him for the conservation and management of natural
resources as he deems appropriate for recreation and preservation
purposes and for resource development compatible therewith. Within the
Ross Lake National Recreation Area the removal and disposal of trees
within power line rights-of-way are authorized as necessary to protect
transmission lines, towers, and equipment;'': \1\ Provided, That to the
extent practicable, such removal and disposal of trees shall be
conducted in such a manner as to protect scenic viewsheds.
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\1\ So in original.
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(b) Lands withdrawn from location, entry, and patent under mining laws;
removal of minerals
The lands within the recreation areas, subject to valid existing
rights, are hereby withdrawn from all forms of appropriation or disposal
under the public land laws, including location, entry, and patent under
the United States mining laws, and disposition under the United States
mineral leasing laws: Provided, however, That within that portion of the
Lake Chelan National Recreation Area which is not designated as
wilderness, sand, rock and gravel may be made available for sale to the
residents of Stehekin for local use so long as such sale and disposal
does not have significant adverse effects on the administration of the
Lake Chelan National Recreation Area.
(c) Receipts, disposition
All receipts derived from permits and leases issued on lands or
interests in lands within the recreation areas under the Mineral Leasing
Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.], or the
Acquired Lands Mineral Leasing Act of August 7, 1947 [30 U.S.C. 351 et
seq.], shall be disposed of as provided in the applicable Act; and
receipts from the disposition of nonleasable minerals within the
recreation areas shall be disposed of in the same manner as moneys
received from the sale of public lands.
(d) Hunting and fishing
The Secretary shall permit hunting and fishing on lands and waters
under his jurisdiction within the boundaries of the recreation areas in
accordance with applicable laws of the United States and of the State of
Washington, except that the Secretary may designate zones where, and
establish periods when, no hunting or fishing shall be permitted for
reasons of public safety, administration, fish and wildlife management,
or public use and enjoyment. Except in emergencies, any regulations of
the Secretary pursuant to this section shall be put into effect only
after consultation with the Department of Game of the State of
Washington.
(e) Road construction or use restrictions
The Secretary shall not permit the construction or use of any road
within the park which would provide vehicular access from the North
Cross State Highway to the Stehekin Road. Neither shall he permit the
construction or use of any permanent road which would provide vehicular
access between May Creek and Hozomeen along the east side of Ross Lake.
(Pub. L. 90-544, title IV, Sec. 402, Oct. 2, 1968, 82 Stat. 928; Pub. L.
100-668, title II, Secs. 205, 206, Nov. 16, 1988, 102 Stat. 3964.)
References in Text
The public land laws, referred to in subsec. (b), are classified
generally to Title 43, Public Lands.
The United States mineral leasing and mining laws, referred to in
subsec. (b), are classified generally to Title 30, Mineral Lands and
Mining.
The Mineral Leasing Act of February 25, 1920, as amended, referred
to in subsec. (c), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as
amended, known as the Mineral Leasing Act, which is classified generally
to chapter 3A (Sec. 181 et seq.) of Title 30. For complete
classification of this Act to the Code, see Short Title note set out
under section 181 of Title 30 and Tables.
The Acquired Lands Mineral Leasing Act of August 7, 1947, referred
to in subsec. (c), is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as
amended, which is classified generally to chapter 7 (Sec. 351 et seq.)
of Title 30. For complete classification of this Act to the Code, see
Short Title note set out under section 351 of Title 30 and Tables.
Amendments
1988--Subsec. (a). Pub. L. 100-668, Sec. 205, amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ``The
Secretary shall administer the recreation areas in a manner which in his
judgment will best provide for (1) public outdoor recreation benefits;
(2) conservation of scenic, scientific, historic, and other values
contributing to public enjoyment; and (3) such management, utilization,
and disposal of renewable natural resources and the continuation of such
existing uses and developments as will promote or are compatible with,
or do not significantly impair, public recreation and conservation of
the scenic, scientific, historic, or other values contributing to public
enjoyment. In administering the recreation areas, the Secretary may
utilize such statutory authorities pertaining to the administration of
the national park system, and such statutory authorities otherwise
available to him for the conservation and management of natural
resources as he deems appropriate for recreation and preservation
purposes and for resource development compatible therewith.''
Subsec. (b). Pub. L. 100-668, Sec. 206, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``The lands
within the recreation areas, subject to valid existing rights, are
hereby withdrawn from location, entry, and patent under the United
States mining laws. The Secretary, under such reasonable regulations as
he deems appropriate, may permit the removal of the nonleasable minerals
from lands or interest in lands within the recreation areas in the
manner prescribed by section 387 of title 43, and he may permit the
removal of leasable minerals from lands or interests in lands within the
recreation areas in accordance with the Mineral Leasing Act of February
25, 1920, as amended, or the Acquired Lands Mineral Leasing Act of
August 7, 1947, if he finds that such disposition would not have
significant adverse effects on the administration of the recreation
areas.''
