Congressionally Designated Special Management Areas in the National Forest System
Congressional research reportJun 11, 2010
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Congressionally Designated
Special Management Areas in the
National Forest System
-name redactedAnalyst in Natural Resources Policy
June 11, 2010
Congressional Research Service
7-....
www.crs.gov
R41285
CRS Report for Congress
Prepared for Members and Committees of Congress
Congressionally Designated Special Management Areas in the National Forest System
Summary
In 1891, Congress authorized the President to reserve public forests to protect the lands and
resources. The many presidential proclamations and subsequent land purchases have led to the
current National Forest System. These lands are managed to balance the many purposes and
values through an interdisciplinary planning process, with public involvement, under the Multiple
Use-Sustained Yield Act of 1960 and the National Forest Management Act of 1976.
Congress has also designated many specific national forest areas to emphasize particular values
or resources, and continues to consider legislation to designate additional specially managed areas
within the national forests. Congress has established two land management systems for which
statutory guidelines generally apply to all areas in the system. The National Wilderness
Preservation System has many units, with general management guidelines: no permanent roads or
structures; no commercial enterprises; and no motorized or mechanical access. However, the
1964 Wilderness Act that created the Wilderness System and many subsequent wilderness statutes
have also included numerous exceptions to these standards for specific areas. The other system is
the Wild and Scenic Rivers System, with general management direction for the corridors
identified along designated rivers.
In addition, Congress has designated at least 96 individual areas within the National Forest
System, and continues to consider more such designations. The Omnibus Public Land
Management Act of 2009, for example, designated 10 individual special areas among its many
provisions. While many of the designations are unique, the areas can generally be grouped into
six categories: national monuments (5, plus one administrative designation); recreation areas (26);
scenic areas (11); game refuges (6); protection areas (37); and other (11).
While the statutes designating these 96 areas differ, many provisions are found in multiple
statutes. Common administrative provisions include findings of the importance and uniqueness of
the area; purposes for administration of the area; designation of the area, often with references to
maps and boundaries; applicable law, with most making the provisions supplemental to the
management guidance for national forests generally; a management plan for the area; an advisory
committee for the area or the plan; authorization of land acquisition; and withdrawal of the area
from the public land laws. Less common administrative provisions include requiring regulations
for the area; explicitly allowing inholder access; prohibiting buffer zones around the area;
retaining most state and local governance provisions; and authorizing appropriations.
There are also three common resource management provisions in the many statutes designating
special areas: withdrawal of the area from mining and mineral leasing laws, subject to valid
existing rights; timber harvesting restrictions, often with exemptions for fire, insect, or disease
control; and fish and wildlife management, generally preserving state responsibilities and
jurisdiction, allowing fishing and hunting, and authorizing area or period closures for various
purposes, in consultation with state officials. Less common resource management provisions
include limitations on motorized access; authority for fire, insect, and disease control actions;
permission to continue livestock grazing; authority for low-level military overflights; and
directions on water use and water rights.
Congressional Research Service
Congressionally Designated Special Management Areas in the National Forest System
Contents
Management of the National Forest System .................................................................................... 1
Multiple-Use Management ........................................................................................................ 2
Land and Resource Management Planning ............................................................................... 2
Systems of Special Management Areas ........................................................................................... 4
National Wilderness Preservation System ................................................................................. 4
Wilderness Management Guidelines ................................................................................... 6
Wilderness Management Exceptions .................................................................................. 6
National Wild and Scenic Rivers System .................................................................................. 8
Individual Special Management Areas ............................................................................................ 9
Common Administrative Provisions........................................................................................ 10
Common Resource Management Provisions ........................................................................... 11
Less Common Administrative Provisions ............................................................................... 12
Less Common Resource Management Provisions .................................................................. 12
Tables
Table 1. Wilderness Areas in the National Forest System ............................................................... 5
Table 2.Wild and Scenic River Corridors in the National Forest System ........................................ 9
Table 3. Special Management Areas in the National Forest System ............................................. 10
Appendixes
Appendix. Individual Congressionally Designated Areas in the National Forest System ............. 14
Contacts
Author Contact Information........................................................................................................... 75
Congressional Research Service
Congressionally Designated Special Management Areas in the National Forest System
I
n 1891, Congress authorized the President to reserve existing public forestlands to protect and
preserve the lands and resources. Presidential proclamations of forest reserves (now called
national forests), subsequent land purchases, and other congressional authorizations have led
to the current National Forest System (NFS)—193 million acres of federal lands in 155 national
forests, 20 national grasslands, and numerous other units (land utilization projects, purchase units,
research and experimental areas, and more). These lands are generally administered by the Forest
Service, in the U.S. Department of Agriculture, for many uses, including timber production,
livestock grazing, and many types of recreation. Acceptable levels and locations of various uses
are determined with public involvement in a land management planning process.
Congress has also designated specific national forest areas to emphasize particular resources or
values. Some types of designations, such as wilderness areas, have statutory guidelines that apply
to all designated areas, as well as some site-specific directions. Many other designations, with a
variety of titles, are administered under the area-specific guidance enacted when the area was
designated.
Congress continues to consider legislation to designate specific national forest areas for particular
purposes. For example, the Omnibus Public Lands Management Act of 2009 (P.L. 111-11)
designated 20 new national forest wilderness areas, added lands to 20 existing national forest
wilderness areas, designated at least nine wild and scenic rivers through national forests,
designated two new national scenic areas and one new national recreation area in national forests,
and designated seven other areas in national forests with special management provisions.1
Additional legislation to designate wilderness and other special areas within the NFS has been
introduced.2 For both enacted and pending legislation, designations differ in the nature of the
provisions included and in the level of detail provided. Following a brief overview of NFS
management generally, this report summarizes the management provisions for the two major
systems and then for the individual areas with statutory guidelines only for each designated area.
The Appendix provides a list of all 97 specially designated individual areas, with a summary of
each enacted management provision.
Management of the National Forest System
In 1891, Congress authorized the President to proclaim forest reserves from existing federal
lands.3 Six years later, in what has become known at the Forest Service Organic Administration
Act, Congress defined the purposes of the reserves: “No public forest reservation shall be
established, except to improve and protect the forest within the reservation, or for the purpose of
1
The act also designated areas on lands administered by the Bureau of Land Management and the National Park
Service, in the Department of the Interior, including 33 new wilderness areas, 7 additions to existing wilderness areas,
at least 25 wild and scenic rivers, and 3 new conservation areas.
2
For information on pending wilderness legislation (which also commonly includes other congressional land area
designations), see CRS Report R40237, Federal Lands Managed by the Bureau of Land Management (BLM) and the
Forest Service (FS): Issues for the 111th Congress, coordinated by (name redacted) and (name redacted).
3
Act of March 3, 1891, ch. 561; 16 U.S.C. §471. The forest reserves were renamed national forests in the Act of March
4, 1907. The authority for the President to proclaim forest reserves was repealed in 1976; now only Congress can create
new national forests or modify the existing boundaries.
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securing favorable conditions of water flows, and to furnish a continuous supply of timber for the
use and necessities of citizens of the United States ...”4
Initially the reserves were administered by the Forestry Division of the General Land Office,
within the Department of the Interior. In 1905, the 75 million acres of forest reserves (renamed
national forests in 1907) 5 were transferred to the Department of Agriculture;6 the Forestry
Division was merged with the existing USDA Bureau of Forestry (whose purpose was to conduct
forestry research and to provide assistance to forestland owners) to create a new agency: the U.S.
Forest Service (USFS) in the Department of Agriculture. President Theodore Roosevelt increased
the acreage of national forests to 172 million acres by 1909. The National Forest System (NFS)
has continued to expand slowly, to 193 million acres in 2010.
Multiple-Use Management
The original NFS management goals in the Organic Administration Act were to improve and
protect the forest, secure favorable water flows, and furnish timber for citizens. Congress
expanded theses goals in the Multiple Use-Sustained Yield Act of 1960 (MUSYA).7 Section 1 of
MUSYA directs that the national forests “shall be administered for outdoor recreation, range,
timber, watershed, and wildlife and fish purposes.” Section 2 requires that the surface resources
be developed and administered for “multiple use and sustained yield,” considering the relative
values of the various resources, and notes that creating and managing areas of wilderness is
consistent with the purposes of the act.
Section 4(a) of MUSYA defines multiple-use management of national forest resources. It directs
management to best meet the needs of the American people, with adjustments to changing needs
and conditions. Multiple-use management also permits some land to be used for only one or a few
resources. Finally, multiple-use management must maintain the productivity of the lands. Thus,
MUSYA directs that national forest management balance recreation, timber, grazing, water, and
wildlife, as desired by the American people, while sustaining productivity.
Land and Resource Management Planning
Planning for NFS use and management is guided by the National Forest Management Act of 1976
(NFMA).8 NFMA requires comprehensive land and resource management plans for each unit of
the NFS,9 to be amended as needed and revised periodically but at least every 15 years. The
4
Seventh unnumbered paragraph under “Surveying the Public Lands” in § 1 of the Sundry Civil Appropriations Act for
FY1898, Act of June 4, 1897, ch. 2; 16 U.S.C. §475.
5
Act of March 4, 1907, ch. 2907.
6
Act of February 1, 1905, ch. 288; 16 U.S.C. §472.
7
P.L. 86-517; 16 U.S.C. §§ 528-531.
8
P.L. 94-588; 16 U.S.C. §§ 1600-1614. NFMA was largely an amendment to the Forest and Rangeland Renewable
Resources Planning Act of 1974 (RPA; P.L. 93-378). RPA requires a periodic national assessment of resource
conditions, a program for all USFS activities to address needs identified in the assessment, a presidential statement of
policy, and an annual report, as well as requiring management plans for NFS units. Despite this unit planning
requirement in RPA, such planning is commonly referred to as NFMA planning (or forest planning) because NFMA
added many details on considerations and requirements in the planning process.
9
The USFS is allowed to combine national forests administratively for planning purposes. Thus, while there are 155
proclaimed national forests, there are only 105 national forest units for planning and administration.
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planning requires an interdisciplinary approach combining “physical, biological, economic, and
other sciences,” directs that the plans provide for multiple use in accordance with MUSYA, and
requires public participation in developing, reviewing, and revising the plans.
In Section 6 (16 U.S.C. § 1604), NFMA established numerous requirements and considerations
for the planning process. Some provisions were particularly controversial, because of their
potential to reduce or otherwise constrain timber harvesting. The more controversial provisions
include:
•
Section 6(g)(1): “insure that land management plans are prepared in accordance
with the National Environmental Policy Act of 1969 ...”10
•
Section 6(g)(3)(B): “provide for diversity of plant and animal communities based
on the suitability and capability of the specific land area ...”
•
Section 6(g)(3)(E): “insure that timber will be harvested ... only where—(i) soil,
slope, and other watershed conditions will not be irreversibly damaged; (ii) there
is assurance that such lands can be adequately restocked within five years after
harvest; [and] (iii) protection is provided for streams, streambanks, shorelines,
lakes, wetlands, and other bodies of water from detrimental changes in water
temperatures, blockages of water courses, and deposits of sediment, where
harvests are likely to seriously and adversely affect water conditions or fish
habitat ...”
•
Section 6(k): “identify lands within the management area which are not suited for
timber production, considering physical, economic, and other pertinent factors to
the extent feasible, ... [and] assure that, except for salvage sales or sales
necessitated to protect other multiple-use values, no timber harvesting shall occur
on such lands for a period of 10 years.”
Two of these provisions—Section 6(g)(3)(E) and Section 6(k)—were intended to constrain timber
harvesting by establishing biophysical and economic requirements, respectively, for timber
production. The NEPA provision—Section 6(g)(1)—establishes a procedural requirement that can
be, and has been, used to delay or prevent timber harvesting and other development activities in
the national forests. The biological diversity provision—Section 6(g)(3)(B)—has perhaps had the
most significant impact, however. The 1979 and 1982 regulations to implement this provision
required the USFS to maintain viable populations of all native and desirable non-native species.
This requirement for viable populations was the initial basis for the litigation that reduced USFS
(and BLM) timber harvesting in the Pacific Northwest by 90% or more to maintain the northern
spotted owl. (The subsequent listing of the owl under the Endangered Species Act11 provided
further impetus to reduce timber harvesting to preserve northern spotted owl habitat.)
In addition to the controversial provisions of NFMA, efforts to revise the 1982 implementing
regulations have been controversial. In November 2000, the Clinton Administration finalized new
rules (to be phased in) that emphasized planning for the biological sustainability of the national
forests. The Bush Administration delayed implementing the Clinton rules, then replaced them in
January 2005 before they went into effect. The final Bush rules were to balance biological and
socioeconomic sustainability, to make fewer decisions nationally by reducing regulatory
10
11
P.L. 91-190; 42 U.S.C. §4321-4347.
P.L. 93-205; 16 U.S.C. §§1531-1540.
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guidelines, and to exempt plans from NEPA and ESA, because the Bush Administration viewed
plans as guides to decision-making that would not include site-specific decisions. The Bush
planning rules were successfully challenged.12 In 2007, the USFS reissued the Bush rules as a
proposed rule with a draft NEPA environmental impact statement and ESA consultation to meet
court requirements. The final planning rules were issued in April 2008, and were invalidated by
the U.S. District Court for the Northern District of California in June 2009 for failing to comply
with NEPA and ESA.13 In December 2009, the Obama Administration announced its intent to
develop new NFMA planning regulations.14
Systems of Special Management Areas
Congress has at times seen fit to alter the general NFS management guidance for particular areas.
These areas are commonly designated to emphasize particular resources or values, such as
recreation or wildlife, sometimes with detailed congressional guidance for the areas.15
As part of its special area designations for some NFS lands, Congress has established two systems
of special management areas, with general guidance that applies to all such designated areas: the
National Wilderness Preservation System and the National Wild and Scenic Rivers System.16
These two systems include lands administered by other federal land management agencies, as
well as NFS lands, and the general guidance for the designated systems apply to all designated
areas.
National Wilderness Preservation System17
In 1964, the Wilderness Act18 created the National Wilderness Preservation System, initially with
54 areas (totaling 9.1 million acres) that the USFS had previously established administratively as
wilderness or wild areas.19 The act also reserved to Congress the right to expand the Wilderness
System. Today, the Wilderness System contains 759 wilderness areas totaling nearly 110 million
12
Citizens for Better Forestry v. U.S. Dept. of Agriculture, 481 F.Supp. 2d 1059 (N.D. Cal. 2007).
Citizens for Better Forestry v. U.S. Dept. of Agriculture, 632 F.Supp. 2d 968 (N.D. Cal. 2009).
14
For more information, and the current status of planning regulations and litigation, see CRS Report R40237, Federal
Lands Managed by the Bureau of Land Management (BLM) and the Forest Service (FS): Issues for the 111th Congress,
coordinated by (name redacted) and (name redacted).
15
Congress also created a National Park System and a National Wildlife Refuge System, both administered within the
Department of the Interior, for special management emphasis on the federal lands included in those systems. While
there are hearings and committee reports on most statutes designating special management areas, there has been very
little discussion of why Congress has chosen to designate some areas for special management emphasis by the USFS
and other areas for relatively similar management emphasis by a different federal agency.
16
A third “system” with a specific purpose, the National Trails System, also contains NFS lands. However, the
National Trails System Act (P.L. 90-543; 16 U.S.C. §§1241-1249) includes no direction for managing corridors along
the designated routes, and thus creates no special management areas.
17
For background, see CRS Report RL31447, Wilderness: Overview and Statistics, by (name redacted).
18
P.L. 88-577; 16 U.S.C. §§ 1130-1136.
19
Although protection of the forest reserves was an original purpose of the NFS, some early USFS employees (notably
Aldo Leopold and Bob Marshall) recognized the need to protect some areas in their natural state. Acting at its own
discretion, the USFS created the first wilderness area in the Gila National Forest (NM) in 1924. In the succeeding
decades, the agency’s system of wilderness, wild, and primitive areas (most of which have been subsequently
designated as wilderness by Congress) grew to 14.6 million acres.
13
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acres in 44 states. Of these, 441 areas with 36.2 million acres (33% of the total) are in the NFS.
(See Table 1.) The remaining wilderness areas are administered by the National Park Service, the
Fish and Wildlife Service, and the Bureau of Land Management.
The Wilderness Act established general objectives and standards for areas to be included in the
Wilderness System. Section 2(c) defines wilderness.
A wilderness, in contrast with those areas where man and his own works dominate the landscape,
is hereby recognized as an area where the earth and its community of life are untrammeled by
man, where man himself is a visitor who does not remain. An area of wilderness is further
defined to mean in this Act an area of undeveloped Federal land retaining its primeval character
and influence, without permanent improvements or human habitation, which is protected and
managed so as to preserve its natural conditions and which (1) generally appears to have been
affected primarily by the forces of nature, with the imprint of man’s work substantially
unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of
recreation; (3) has at least five thousand acres of land or is of sufficient size as to make
practicable its preservation and use in an unimpaired condition; and (4) may also contain
ecological, geological, or other features of scientific, educational, scenic, or historical value. (16
U.S.C. §1131(c))
Table 1. Wilderness Areas in the National Forest System
State
No.
Acreage
State
No.
Acreage
Alabama
3
41,367
Nevada
21
1,087,624
Alaska
19
5,753,889
New Hampshire
5
138,418
Arizona
36
1,345,008
New Mexico
16
1,387,498
Arkansas
10
116,578
North Carolina
11
102,634
California
64
5,075,290
Oklahoma
2
14,543
Colorado
36
3,140,120
Oregon
41
2,228,103
Florida
7
74,495
Pennsylvania
2
9,002
Georgia
10
114,537
Puerto Rico
1
10,000
Idaho
5
3,961,864
South Carolina
5
16,671
Illinois
7
28,063
South Dakota
1
13,426
Indiana
1
12,463
Tennessee
11
66,349
Kentucky
2
18,132
Texas
5
38,483
Louisiana
1
8,679
Utah
14
775,537
Maine
1
11,232
Vermont
8
100,870
Michigan
10
89,529
Virginia
23
135,325
Minnesota
1
807,853
Washington
25
2,715,056
Mississippi
1
6,046
West Virginia
9
118,810
Missouri
7
64,119
Wisconsin
5
46,414
Montana
12
3,372,525
Wyoming
15
3,111,232
Nebraska
1
7,794
USFS Total
441a
36,165,579
Source: USDA Forest Service, Land Areas of the National Forest System, as of Sept. 30, 2009, Tables 7, 8, and 9,
http://www.fs.fed.us/land/staff/lar/2009/lar09index.html.
a. The total is less than the sum of areas by state, because 13 designated wilderness areas cross state
boundaries.
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Wilderness Management Guidelines20
In addition to the objectives and standards for areas to be designated as wilderness, the
Wilderness Act established standards and guidelines for managing designated wilderness areas.21
In general, each agency administering wilderness areas is to preserve and protect the wilderness
character of the areas under its jurisdiction.
To achieve these objectives, Section 4(c) of the Wilderness Act generally prohibits commercial
activities; roads, structures, and other infrastructure; and motorized and mechanical access.
Specifically, the act states:
Except as specifically provided for in this Act, and subject to existing private rights, there shall be
no commercial enterprise and no permanent road within any wilderness area designated by this
Act and, except as necessary to meet minimum requirements for the administration of the area for
the purpose of this Act (including measures required in emergencies involving the health and
safety of persons within the area), there shall be no temporary road, no use of motor vehicles,
motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport,
and no structure or installation within any such area.
Thus, this section prohibits commercial uses, such as timber harvesting. It bars motorized and
mechanical access, such as via cars and trucks, bicycles and motorbikes, off-road and all-terrain
vehicles, motorboats, and all aircraft. It also prevents construction and maintenance of temporary
and permanent roads and structures, such as shelters, water impoundments, fire towers, and
communication equipment.
Wilderness Management Exceptions
The Wilderness Act and subsequent statutes designating wilderness areas have included numerous
exceptions to the prohibitions described above. In particular, Section 4(d) of the Wilderness Act
provides for several specific exceptions:
•
Section 4(d)(1) allows continued use of motorboats and aircraft “where these
uses have already become established ...”
•
Section 4(d)(1) also allows necessary measures for controlling wildfires, and
insect and disease infestations, “subject to such conditions as the Secretary deems
desirable.”
•
Section 4(d)(2) allows prospecting for minerals or other resources.
•
Section 4(d)(4)(1) allows the President “within a specific area and subject to such
regulations as he may deem desirable” to authorize water resource projects and
associated infrastructure and access.
•
Section 4(d)(4)(2) allows continued livestock grazing, subject to reasonable
regulations.
20
For more detailed information on management directions and exceptions, see CRS Report RL33827, Wilderness
Laws: Permitted and Prohibited Uses, by (name redacted).
21
The language only directly applied to the areas designated in the 1964 act, but it has generally been applied to other
designated areas by reference to the 1964 act in the subsequent laws designating wilderness areas.
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•
Section 4(d)(6) allows commercial services “to the extent necessary for activities
which are proper for realizing the recreational or other wilderness purposes ...”
•
Through December 31, 1983, Section 4(d)(3) allowed establishing mineral rights
under mining and mineral leasing laws, subject “to such reasonable regulations as
may be prescribed ...” and with patents limited to the minerals (i.e., not to the
surface of the land). “Mineral leases, permits, and licenses ... shall contain such
reasonable stipulations as may be prescribed ... for the protection of the
wilderness character of the land consistent with the use of the land for the
purposes for which they were leased, permitted, or licensed.”
Many of the 117 laws designating wilderness areas that have been enacted since 1964 also have
exceptions to the no-commerce, no-structures, no-motorized access strictures of the Wilderness
Act. Six general types of provisions in many wilderness statutes provide exceptions to the general
wilderness management restrictions.22
•
Access to private lands. Section 5 of the Wilderness Act provided for adequate
and reasonable access to nonfederal lands and “valid occupancies” (e.g., valid
mining claims) within designated wilderness areas. Several subsequent
wilderness statutes have essentially reiterated this direction, allowing for
adequate access to private lands within designated wilderness areas.
•
Access for wildfire, insect, or disease control. Section 4(d)(1) of the Wilderness
Act explicitly provided for measures needed to control wildfires, insects, and
diseases, subject to reasonable regulations. As catastrophic wildfires have
apparently become more frequent and more intense in recent years,23 this
authority for nonconforming activities in wilderness areas to control fire, insects,
and diseases has essentially been repeated in more recent wilderness statutes.
•
Access for livestock grazing. Section 4(d)(4)(2) of the Wilderness Act allowed
continued livestock grazing in wilderness areas. Continued concerns over access
for livestock management led to detailed guidelines for managing livestock
grazing in wilderness areas in Appendix A, “Grazing Guidelines,” (pp. 41-43) of
H.Rept. 101-405, the Interior and Insular Affairs Committee’s report on the
Arizona Desert Wilderness Act of 1990 (P.L. 101-628). The language from the
Wilderness Act and from the committee report on the Arizona Desert Wilderness
Act of 1990 has subsequently been repeated or referenced in several statutes.
•
Native and tribal rights and access. Several wilderness statutes have provided
for access to the designated wilderness areas for native traditional cultural and
religious purposes. The guidance has either been that nothing in the act “alters,
modifies, enlarges, diminishes, or abrogates the treaty rights ...” or that the
Secretary is to “ensure access for traditional cultural and religious purposes” and
to allow temporary closures (i.e., exclusive access) for the smallest possible area
and minimum possible period. Provisions in other statutes have also directed
22
Many bills also contain provisions withdrawing the lands from entry appropriation, and disposal under the public
land, mining, and mineral and geothermal leasing laws, effectively reinforcing Wilderness Act provisions. “No buffer
zone” language is also often included to prevent the wilderness designation from affecting management of adjoining
lands, even though the Wilderness Act contains no authority to regulate activities outside the designated areas.
23
See CRS Report RL30755, Forest Fire/Wildfire Protection, by (name redacted).
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cooperation, memoranda of understanding, and agreements to provide access to
and protection of important tribal use areas.
•
Low-level military overflights. Since 1990, several wilderness statutes have
included provisions to specify that nothing in the act “shall preclude low level
overflights of military aircraft, the designation of new units of special airspace, or
the use or establishment of military flight training routes over wilderness areas
designated by this” act.
•
Access for hydrological, meteorological, and climatological equipment.
Several wilderness statutes have included provisions allowing the installation and
maintenance of weather-related equipment and facilities within one or more of
the areas designated by the statute.
•
Other provisions. Many statutes have included specific exceptions, usually for a
specific area, commonly to allow motorized access for wildlife management or
for maintaining water resource infrastructure; to allow continued motorboat
access; to allow aircraft for specific purposes; or to allow establishment and
maintenance of water infrastructure or telecommunication equipment.
National Wild and Scenic Rivers System
The National Wild and Scenic Rivers System was established in the Wild and Scenic Rivers Act
of 1968.24 The act established a policy of preserving designated free-flowing rivers and their
immediate environments “for the benefit and enjoyment of present and future generations.”
Rivers are generally added to the system by an act of Congress, although states can nominate, and
the Secretary of the Interior can approve, rivers protected under state law and managed by a state
agency. The Rivers System includes three classes of rivers—wild, scenic, and recreational—
depending on the extent and nature of development along the river segment.
The administering agency establishes boundaries for the designated river’s corridor, averaging not
more than a half-mile in width (including the river and adjacent shoreline). Management of the
lands within the corridor depends, in part, on the river’s classification; developmental activities
are most restricted along wild rivers and least restricted along recreational rivers. Administration
is to emphasize the values that led to the designation, and uses are generally restricted only if they
harm those values. Section 10(a) of the Wild and Scenic Rivers Act states:
Each component of the national wild and scenic rivers system shall be administered in such a
manner as to protect and enhance the values which caused it to be included in said system
without, insofar as is consistent therewith, limiting other uses that do not substantially interfere
with public use and enjoyment of these values. In such administration primary emphasis shall be
given to protecting its esthetic, scenic, historic, archaeologic, and scientific features.
Thus, the USFS is to manage the national forest lands within the National Wild and Scenic Rivers
System under MUSYA and NFMA, as long as the activities are consistent with protecting the
wild, scenic, or recreational nature of the designated rivers. Table 2 shows the area of wild and
scenic river corridors within the National Forest System in each state with one or more designated
rivers.
24
P.L. 90-542; 16 U.S.C. §§ 1271-1287.
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Table 2.Wild and Scenic River Corridors in the National Forest System
State
No.a
Acreage
State
No.a
Acreage
Alabama
1
8,780
Missouri
1
8,978
Arizona
2
16,937
Montana
1
40,627
Arkansas
8
34,364
New Hampshire
1
1,049
California
21
309,956
New Mexico
4
16,133
Colorado
1
15,141
North Carolina
3
5,616
Georgia
1
6,786
Oregon
45
326,856
Idaho
6
174,596
Pennsylvania
2
8,221
Kentucky
1
3,880
Puerto Rico
3
2,848
Louisiana
1
5,150
South Carolina
1
7,041
Michigan
15
125,410
Washington
3
28,282
Mississippi
1
4,599
Wyoming
2
107,481
124
1,258,731
USFS Totalb
Source: USDA Forest Service, Land Areas of the National Forest System, as of Sept. 30, 2009, Tables 7, 8, and 9,
http://www.fs.fed.us/land/staff/lar/2009/lar09index.html.
a.
Includes the number of rivers regardless of designation; for example, the Verde River (AZ) has a segment
designated as a wild river and another segment designated as a scenic river, but this is counted as one river
in this report.
b.
The total is less than the sum of rivers by state, because two designated wild and scenic rivers occur in
more than one state.
Individual Special Management Areas
In addition to the two standardized systems of special management areas, Congress has
designated numerous individual special management areas (SMAs) with management guidelines
for each area. Six major types of designations have been enacted: national monuments, recreation
areas, scenic areas, game refuges,25 protection areas, and other. These areas differ from the two
standardized systems (wilderness and wild and scenic river corridors) in having neither general
authorizing legislation for the type of designation nor general management direction for all such
areas. Rather, each SMA has been created by an act of Congress with its own management
guidelines and restrictions. Furthermore, there are no obvious differences in the guidelines and
restrictions for the different types of designations. Table 3 shows the number of areas for each of
the major types of SMAs, and the total area designated. The Appendix provides a complete list of
the 97 SMAs designated to date, with a quotation or summary of the major provisions enacted for
each.
25
The congressionally designated game refuges and wildlife preserves within the NFS remain part of the NFS, and
have not been transferred to and are not part of the National Wildlife Refuge System administered by the Fish and
Wildlife Service in the Department of the Interior.
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Congressionally Designated Special Management Areas in the National Forest System
Table 3. Special Management Areas in the National Forest System
Designation
No.
Acreagea
National monuments
6
2,827,634
Recreation areas
26
3,199,000
Scenic areas
11
324,853b
Game refuges
6
884,452c
Protection areas
37
1,059,716d
Other designations
11
277,451e
Total
97
9,573,106
Source: Appendix and USDA Forest Service, Land Areas of the National Forest System, as of Sept. 30, 2009,
Tables 11, 12, 15-20, and 22-26, http://www.fs.fed.us/land/staff/lar/2009/lar09index.html.
a.
Acreage as reported in Land Areas of the National Forest System, where available.
b.
Excludes two areas for which acreage is not reported in statute or in Land Areas of the National Forest
System.
c.
Excludes six areas with 240,932 acres proclaimed by the President.
d.
Excludes seven areas for which acreage is not reported in statute or in Land Areas of the National Forest
System.
e.
Excludes four areas for which acreage is not reported in statute or in Land Areas of the National Forest
System.
Numerous provisions have been used commonly in many of the statutes designating SMAs. The
common provisions can be grouped into administrative provisions and resource management
provisions. In addition, some provisions have been used in a few of the SMA statutes, and can
similarly be grouped into administrative and resource management provisions.
Common Administrative Provisions
Eight types of administrative provisions have commonly been enacted for SMAs in the National
Forest System. The details of the language used often differs, especially for the first two types of
provisions, but the intent and effect is usually quite similar.
1. Findings. Many SMA statutes include findings about the unique attributes of the area being
designated.
2. Purpose. Most SMA statutes include a statement about the purpose(s) for designating the area.
Such statements often provide a basis for management that may differ from management of the
area prior to designation.
3. Designation. Many SMA statutes include a provision explicitly designating and naming the
area. These provisions often include a reference to the area’s boundaries and to a map (commonly
identified by a name and date) to be retained in a specific office (typically the Forest Supervisor’s
office for the national forest in which the SMA is located).
4. NFS Laws. Most SMA statutes direct that the SMA is to be managed consistent with the laws,
rules, and regulations generally applicable to National Forest System lands. Thus, the purposes
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Congressionally Designated Special Management Areas in the National Forest System
and provisions enacted for the designated area are generally supplemental to existing governance,
and not a substitute for that management guidance.
5. Management Plan. Many SMA statutes require a management plan for the designated area,
commonly completed within a specified period. Sometimes the planning guidance requires public
participation; sometimes it does so indirectly, by reference to the NFMA planning process and
requirements.
6. Advisory Committee. Many SMA statutes provide for an advisory committee or group for the
designated area. This advisory committee is frequently permanent, but sometimes is just for the
development of the management plan. Also, some advisory groups are to represent the array of
general public interests, but others are to focus on scientific issues associated with management
of the area.
7. Land Acquisition. Most SMA statutes authorize land acquisition for nonfederal land within
the boundaries of the area. As the USFS has general land acquisition authority under the Weeks
Law (16 U.S.C. § 515 et al.) and the SMAs are within the NFS, such land acquisition authority
might be redundant.
8. Withdrawal. Many of the SMA statutes withdraw the lands of the designated area from access
under public land laws, such as the Homestead Act. As most of the public land laws were
repealed in the Federal Land Policy and Management Act of 1976 (FLPMA)26 and are no longer
applicable to NFS or other federal lands, the more recent SMA statutes are less likely to include
such a provision.
Common Resource Management Provisions
Three resource provisions have been included in many of the statutes designating SMAs in the
NFS. These provisions generally address management of, and access to, minerals, timber, and fish
and wildlife.
1. Minerals. Most SMA statutes withdraw the designated lands from access under the mining and
the mineral and geothermal leasing laws, subject to valid existing rights. This is very similar to
the provisions of the Wilderness Act for withdrawing lands from access for mineral exploration
and development. Some statutes authorize the USFS to continue to sell mineral materials (sand
and gravel) from within the designated area.
2. Timber. Many SMA statutes restrict timber harvesting. The most common approach is to use
the restrictions of the Wilderness Act: no commercial timber harvesting, except as needed for fire,
insect, and disease control and for visitor and administrative safety. Other approaches include
requiring uneven-aged management practices,27 directing that harvesting be adjusted for possible
scenic impacts, or limiting the size or species of trees that can be cut and removed.
26
P.L. 98-579; 43 U.S.C. §§ 1701 et seq. The repeal of most of the public land laws was done in several sections in
Title VII of FLPMA, and generally allowed their continued application in Alaska for an additional 10 years (i.e.,
through 1986).
27
Uneven-aged timber management is a silvicultural approach where a relatively few trees are harvested at relatively
frequent intervals to yield timber stands with a variety of sizes (and of species, where that is natural and feasible). This
contrasts with even-aged timber management, where all or the majority of trees on a site are harvested at the same time
(continued...)
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3. Fish and Wildlife. Most of the statutes designating SMAs include provisions relating to fish
and wildlife management. In general, the statutes explicitly retain state jurisdiction over the
management of the animals, limiting federal SMA administration to habitat management. Many
of the statutes also explicitly allow hunting and fishing, and sometimes trapping, consistent with
state law. These provisions also typically allow seasonal and/or area closures to protect critical
wildlife needs (e.g., elk calving grounds), usually in consultation with the relevant state agency.
Less Common Administrative Provisions
Several additional administrative provisions have been enacted in at least a few statutes
designating SMAs.
1. Regulations. Several SMA statutes direct that the Secretary of Agriculture, acting through the
Chief of the Forest Service, promulgate regulations for administering the designated area.
2. Inholder Access. Some SMA statutes explicitly allow access for nonfederal landowners whose
lands are within the designated SMA. In some instances, the language parallels the Wilderness
Act, allowing “reasonable” rights of access.
3. Buffer Zones. Some of the statutes designating SMAs prohibit the USFS from establishing
buffer zones around the SMA. This provision is akin to provisions enacted in several statutes
designating wilderness areas, which note that the ability to see or hear a nonconforming activity
from within the wilderness is not sufficient authority to restrict or prohibit that activity.
4. Effect on Governance. Several SMA statutes direct that the designation is to have no effect on
state or local laws and regulations, including law enforcement and taxation of private enterprise
within the SMA.
5. Authorization of Appropriations. Some SMA statutes explicitly authorize appropriations for
administering the area consistent with the statute. However, since few, if any, SMA statutes
authorize any activity not already authorized for NFS lands generally (typically they restrict
already-authorized activities), and since USFS appropriations are enacted for activities, not for
specific units, it is not clear that an authorization is required for an SMA.
Less Common Resource Management Provisions
In addition to administrative provisions, several of the statutes designating SMAs have included
additional provisions governing natural resource management within the SMA.
1. Motorized Access. Several SMA statutes prohibit motorized access in the area, except on
existing roads and other routes designated for motorized access. In addition, some of the statutes
also prohibit the construction of new roads within the SMA. Exceptions to this prohibition have
been included for new roads to replace existing, environmentally damaging roads and for new
roads as decided in the planning process for the area.
(...continued)
(e.g., by clearcutting) and the regenerated stand is generally trees of the same size and species.
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2. Wildfire, Insect, and Disease Control. Some SMA statutes explicitly allow activities to
control fires, insects, and diseases. In general, these provisions use the same language as the
Wilderness Act—necessary measures subject to reasonable restrictions as determined by the
Secretary.
3. Livestock Grazing. Some of the statutes designating SMAs explicitly allow livestock grazing
to continue where it existed prior to the designation. Motorized access, even in areas where such
access is generally prohibited, is generally permitted, consistent with historic use. The provisions,
when enacted, are commonly similar in intent to the provisions in the Wilderness Act.
4. Military Overflights. Some SMA statutes explicitly direct that the designation is not to
prohibit or otherwise affect low-level military training overflights of the SMA. Again, the
language is generally the same as is used in the several statutes designating wilderness areas.
5. Water Use/Water Rights. A few statutes designating SMAs specifically address water use and
water rights associated with the area. These provisions are more difficult to summarize, as they
are more variable than many of the other provisions, ranging from those that stipulate no effect on
water rights and water use, to an explicit reservation of water as needed for the SMA, to an
explicit denial of water rights for the SMA.
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Congressionally Designated Special Management Areas in the National Forest System
Appendix. Individual Congressionally Designated
Areas in the National Forest System
This appendix lists the 97 specially designated individual areas, grouped into six major types of
designations: national monuments; recreation areas; scenic areas; game refuges; protection areas;
and other. The areas are listed chronologically for each type of designation. For each area, the
entry displays the statute designating the area and the length of its statutory provisions; the length
cited for each is the number of pages in the U.S. Code Congressional and Administrative News,
by West Publishing Co. (St. Paul, MN), or in the free-standing slip law produced by the U.S.
Government Printing Office, except as otherwise noted.28 Each entry then identifies the
management purposes, provisions, requirements, and prohibitions with quotations or brief CRS
annotations.
National Monuments
Four national monuments and two national volcanic monuments have been established within the
National Forest System.29 Five have been designated by acts of Congress; one was established by
presidential proclamation under the Antiquities Act of 1906 (16 U.S.C. §§ 431 et seq.).30 No
conclusions can be drawn about the general management guidance for these areas, or the
differences compared to recreation or scenic areas. The sizes of the national monuments vary
widely, from about 55,000 acres for the Newberry National Volcanic Monument to nearly 2.3
million for the Misty Fjords National Monument.
1 & 2. Misty Fjords National Monument and Admiralty Island National Monument (AK)—
P.L. 96-487, Alaska National Interests Lands Conservation Act of 1980 (ANILCA); 13 pages.
•
§503(a)—designates Misty Fjords, 2,285,000 acres.
•
§503(b)—designates Admiralty Island, 921,000 acres.
•
§503(c)—directs management as “units of the National Forest System to protect
objects of ecological, cultural, geological, historical, prehistorical, and scientific
interest,” subject to valid existing rights.
•
§503(d)—prohibits “the sale or harvesting of timber: Provided, That nothing ...
shall prevent ... measures as may be necessary for the control of fire, insects, and
disease.” (emphasis in original)
•
§503(f)(1)—withdraws areas from mining, mineral leasing, and public land laws,
subject to valid existing rights; (2) valid existing rights are subject to “reasonable
regulations ... to assure that such activities are compatible, to the maximum
extent feasible, with the purposes.”
28
The length is provided for the statute, and sometimes for relatively long provisions in the statute, as an indication of
the level of detail enacted by Congress.
29
The Santa Rosa and San Jacinto Mountains National Monument is jointly managed with the BLM; more than 2
million acres of the 2.7 million acre monument are BLM land.
30
Misty Fjords and Admiralty Island National Monuments were initially created by presidential proclamation, but the
designations were subsequently enacted by Congress.
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•
§503(h) & (i)—provides lengthy [2+ pages] direction and requires environmental
impact statement for surface access road for Quartz Hill mineral deposit.
•
§503(j)—directs a special use permit for Thayer Lake Lodge.
•
§504—guides treatment of unperfected mining claims in the monuments [2½
pages].
•
§505(a)—directs that fishing is subject to “reasonable regulations ... to maintain
the habitats, to the maximum extent feasible, of anadromous fish and other
foodfish, and to maintain the present and continued productivity of such habitat
when such habitats are affected by mining activities.”
•
§505(b)—has no effect on state responsibility and authority for fish and wildlife.
•
§506—directs land exchanges [5+ pages].
•
§507—requires cooperative fisheries planning.
3. Mount St. Helens National Volcanic Monument (WA)—P.L. 97-243; 8+ pages.
•
§1—designates 110,000-acre area.
•
§3—directs land acquisition [3½ pages].
•
§4(a)—directs management “as a separate unit ... in accordance with the
appropriate laws pertaining to” the NFS.
•
§4(b)—establishes purposes: (1) “to protect geologic, ecologic, and cultural
resources” and (2) “control fire, insects, diseases and other agents that might (A)
endanger irreplaceable features ... or (B) cause substantial damage to significant
resources”, and measures “reasonably necessary to ensure public safety and
prevent loss of life and property.”
•
§4(c)—authorizes “full use ... for scientific study and research.”
•
§4(d)—allows control of “times and means of access and use” but does not
prohibit “the use of motorized vehicles, aircraft or motorboats for emergency and
other essential administrative services, including those provided by State and
local governments, or when necessary, for authorized research.”
•
§4(e)(1)—requires “recreational use ... [and] recreational and interpretive
facilities (including trails and campgrounds).”
•
§4(e)(2)—directs that “roads and other facilities ... should be located generally in
areas which were developed prior to the 1980 eruption.”
•
§4(f)—withdraws area from mining, mineral leasing, and public land laws,
subject to valid existing rights.
•
§4(g)—allows no timber harvesting, except existing salvage contracts and the
“minimum extent necessary to control fire, insects, diseases, and other agents.”
•
§4(h)—permits hunting and fishing. Allows zones and periods of no hunting or
fishing for public safety, resource protection, scientific research, or public use
and enjoyment; requires consultation with the state. Has no effect on state
jurisdiction or responsibility for fish and wildlife.
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Congressionally Designated Special Management Areas in the National Forest System
•
§4(i)—requires a “detailed and comprehensive management plan” within three
years, “integrated and periodically revised” with the NFMA plan for the Gifford
Pinchot National Forest.
•
§6—creates no buffer zone.
•
§7—establishes a scientific advisory board; defines purpose and membership.
•
§8—directs county payment allocation to roads and schools.
•
§9—authorizes appropriations.
4. Newberry National Volcanic Monument (OR)—P.L. 101-522; 8+ pages.
•
§1(a)—establishes purposes: “to preserve and protect for present and future
generations its remarkable geologic landforms and for ... providing for the
conservation, protection, interpretation, and enhancement of its ecological,
botanical, scientific, scenic, recreational, cultural, and fish and wildlife
resources.”
•
§1(b)—establishes five designations: Monument; Transferal Area; Transferal
Corridor; Transferal Area Adjacent;31 and Special Management Area.
•
§2(a)—directs management “in accordance with the laws, rules, and regulations
applicable to the National Forest System.”
•
§2(b)—identifies areas added to the monument upon “termination, cancellation,
or relinquishment” of geothermal leases.
•
§2(e)—identifies management requirements:
•
“(1) shall allow natural ecological succession.... Timber removal shall be
permitted only ... [as] necessary to achieve the purposes of this Act and to
protect health and safety.”
•
“(2) Recreation uses and interpretive facilities shall be provided.”
•
“(3) Roads shall be permitted ... consistent with the purposes of this Act and
in accordance with the management plan.”
•
§2(f)—directs that “scientific research shall be allowed.”
•
§2(g)—directs “action to the extent practicable to ensure that tree diseases, insect
infestations, fire hazards, and fires ... do not seriously threaten resources outside
the Monument ...”
•
§3—directs exchanges of geothermal lease rights.
•
§4—withdraws areas from mineral leasing, mining, and public land laws, subject
to valid existing rights.
•
§5—has no effect on state fish and wildlife jurisdiction or responsibilities,
including regulation of hunting, fishing, and trapping. Allows zones and periods
31
The Transferal Area, Corridor, and Area Adjacent are unique designations on the referenced map that are to become
part of the Monument upon the termination, cancellation, or relinquishment of the three specified geothermal leases.
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of no hunting for public safety, administration, or public use and enjoyment;
requires consultation with state.
•
§6(a)—requires a management plan within 3 fiscal years, in consultation with
federal, state, and local agencies, and the public. The plan is to be updated,
amended, or revised as needed, “separately or in conjunction with” the NFMA
plan for the Deschutes National Forest.
•
§6(b)—requires that management planning consider:
•
“(1) Recreation, including consideration of a full range of existing and
appropriate new facilities ...”
•
“(2) Vegetation, including consideration of a full range of management
options, and a program to reestablish old growth ponderosa pine
ecosystems.”
•
“(3) Roads and facilities, including ... (D) criteria for the closing and
obliteration of roads.”
•
“(4) Fire and fuel management prescriptions.”
•
“(5) Wildlife management, including general prescriptions for wildlife
habitat improvements.”
•
“(6) Research.”
•
“(7) Monitoring, including monitoring needs for air, water, wildlife, soil, and
other resources.”
•
“(8) Conflicts ... among uses and resources.”
•
§7—establishes an advisory council for advice on initial management plan;
identifies membership.
•
§8—directs no buffer zone and no effect on existing contracts.
•
§9—provides definitions.
•
§10—authorizes appropriations.
5. Giant Sequoia National Monument (CA)—Proclamation 7295 of April 15, 2000, under the
authority of the Antiquities Act of 1906 (16 U.S.C. §431 et seq.); 4+ pages in 65 Fed. Reg. 24095,
4/25/2000).
•
¶1—proclaims 327,769 acres for “the purpose of protecting the objects identified
in the above preceding paragraphs ...” [10 unnumbered paragraphs providing
findings].
•
¶2—withdraws area from public land, mining, and mineral leasing laws.
•
¶3—makes management subject to valid existing rights.
•
¶4—directs completion timber contracts signed prior to January 1, 1999. States
that the monument is not “suited for timber production.... Removal of trees,
except for personal use fuel wood, ... may take place only if clearly needed for
ecological restoration and maintenance or public safety.”
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•
¶5—directs management “pursuant to applicable legal authorities.” Requires a
management plan within three years and regulations to “provide for and
encourage continued public and recreational access and use consistent with the
purposes.”
•
¶6—creates a “Scientific Advisory Board to provide scientific guidance during
the development of the initial management plan.” Requires consultation with
National Academy of Sciences in forming the board.
•
¶7—requires the management plan to including a transportation plan “for visitor
enjoyment and understanding about the scientific and historic objects in the
monument, consistent with their protection.” Motorized use allowed only on
designated roads and trails, except for emergency and authorized administrative
purposes. Bans new roads or trails.
•
¶8—has no effect on fish and wildlife jurisdiction.
•
¶9—reserves “a quantity of water sufficient to fulfill the purposes,” subject to
valid existing rights.
•
¶11—has no effect on existing special use authorizations.
•
¶13—includes “Warning ... not to appropriate, injure, destroy, or remove any
feature ... and not to locate or settle upon any of the lands.”
6. Santa Rosa and San Jacinto Mountains National Monument (CA)—P.L. 106-351;
7+ pages. Jointly managed with BLM.
•
§2(a)—presents findings.
•
§2(b)—designates area “to preserve the nationally significant biological, cultural,
recreational, geological, educational, and scientific values ... and to secure now
and for future generations the opportunity to experience and enjoy the
magnificent vistas, wildlife, land forms, and natural and cultural resources in
these mountains and to recreate therein.”
•
§3—(a) directs management in accordance NFMA and “other applicable
provisions of law”; (c) has no effect on Indian reservation; (d) is subject to valid
existing rights; (e) has no buffer zones; and (f) has no effect on air and water
quality standards.
•
§4—requires a management plan within three years, with consultation and
cooperation.
•
§5(a)—directs actions to “continue to authorize ... such recreational uses as
hiking, camping, mountain biking, sightseeing, and horseback riding.”
•
§5(b)—allows motorized use only on designated roads and trails, except for
administration or emergency use.
•
§5(c)—permits hunting, trapping, and fishing. Allows zones and periods of no
hunting, trapping, or fishing for public safety, administration, or public use and
enjoyment.
•
§5(d)—requires “adequate access to nonfederally owned lands or interests in land
within the boundaries.”
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•
§5(e)—has no effect on valid existing public utility rights-of-way.
•
§5(f)—requires the management plan to “address the maintenance of roadways,
jeep trails, and paths.”
•
§5(g)—has no effect on grazing use.
•
§5(h)—has no effect on overflights, but permits no new commercial air tour
operations.
•
§5(i)—withdraws area from public land, mining, and mineral leasing and mineral
materials laws, subject to valid existing rights.
•
§6—authorizes land acquisition.
•
§7—establishes a local advisory committee for preparing and implementing the
management plan.
•
§8—authorizes appropriations.
Recreation Areas
Congress has designated 26 recreational areas within the National Forest System, each with
distinct management direction enacted in the law establishing the area. Most have been named
national recreation areas, although two are recreation areas, one is a recreational area, one is a
scenic recreation area, and one is a winter recreation area. The rationale for these distinctions is
not apparent. Also, no conclusions can be drawn about the general management guidance for
these areas, or the differences compared to national monuments or scenic areas. The sizes of the
recreational areas vary widely, from less than 10,000 acres for three units to more than 700,000
acres for the Sawtooth NRA.
1. Spruce Knob-Seneca Rocks National Recreation Area (WV)—P.L. 89-207; 2 pages.
•
§2—designates an area “not to exceed 100,000 acres.”
•
§3—authorizes land acquisition.
•
§4—directs “an accelerated program of development of facilities for outdoor
recreation.”
•
§5—directs management “in accordance with the laws, rules, and regulations
applicable to the national forests ... [as] will best provide for (1) public outdoor
recreation benefits; (2) conservation of scenic, scientific, historic, and other
values contributing to public enjoyment; and such management, utilization, and
disposal of natural resources as ... will promote, or is compatible with, and does
not significantly impair the purposes.”
•
§6—permits hunting and fishing. Allows zones and periods of no hunting for
public safety, administration, or public use and enjoyment; requires consultation
with state.
2. Whiskeytown-Shasta-Trinity National Recreation Area (CA)—P.L. 89-336; 6+ pages. Jointly
managed with National Park Service.
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Congressionally Designated Special Management Areas in the National Forest System
•
§1—designates area “to provide ... for the public outdoor recreation use and
enjoyment ... by present and future generations and the conservation of scenic,
scientific, historic, and other values contributing to public enjoyment.” Requires
coordinated planning and administration “to provide integrated management
policies for the recreation area as a whole.”
•
§2—authorizes acquisition of lands and easements; prohibits condemnation of
“improved property.”
•
§4(a)—requires management coordinated with the Central Valley Project and for
area’s purposes. Directs “administration, protection, and development ... [as] will
best provide for (1) public outdoor recreation benefits; (2) conservation of scenic,
scientific, historic, and other values contributing to public enjoyment; and such
management, utilization, and disposal of natural resources as ... will promote, or
is compatible with, and does not significantly impair the purposes.”
•
§4(b)(1)—requires use of “statutory authorities relating to the national forests in
such a manner as ... appropriate to carry out the purposes.”
•
§5—permits hunting and fishing. Allows zones and periods of no hunting for
public safety, administration, or public use and enjoyment; requires consultation
with state.
•
§6—withdraws area from mining, subject to valid existing rights; “may permit
the removal of the nonleasable minerals” in accordance with §10 of Act of
September 1, 1939 (43 U.S.C. §192c) and “of leasable minerals ... in accordance
with the Mineral Leasing Act of February 25, 1920 (30 U.S.C. §181 et seq.), if he
[the Secretary] finds that such disposition would not have significant adverse
effects on the purposes of the Central Valley Project or the administration of the
recreation area.”
•
§7—has no effect on state or local “right to exercise civil and criminal
jurisdictions within the recreation area or of its right to tax persons, corporations,
franchises, or property.”
•
§10—authorizes appropriations.
3. Mount Rogers National Recreation Area (VA)—P.L. 89-438; 1½ pages.
•
§1—establishes purposes: “to provide ... for the public outdoor recreation use and
enjoyment ... by present and future generations and the conservation of scenic,
scientific, historic, and other values contributing to public enjoyment.”
•
§2—designates area.
•
§3—directs acquisition of “lands, waters, or interests therein, including scenic
and other easements within the boundaries.”
•
§4—directs “an accelerated program of development of facilities for outdoor
recreation.”
•
§5—directs “administration, protection, and development ... [as] will best
provide for (1) public outdoor recreation benefits; (2) conservation of scenic,
scientific, historic, and other values contributing to public enjoyment; and such
management, utilization, and disposal of natural resources as ... will promote, or
is compatible with, and does not significantly impair the purposes.”
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Congressionally Designated Special Management Areas in the National Forest System
•
§6—permits hunting and fishing. Allows zones and periods of no hunting for
public safety, administration, or public use and enjoyment; requires consultation
with state.
4. Flaming Gorge National Recreation Area (UT-WY)—P.L. 90-540; 2½ pages.
•
§1—designates area “to provide ... for the public outdoor recreation use and
enjoyment ... and the conservation of scenic, scientific, historic, and other values
contributing to public enjoyment.”
•
§2—directs “administration, protection, and development ... in accordance with
the laws, rules, and regulations applicable to national forests, in a manner
coordinated with the other purposes of the Colorado River storage project ... [as]
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 natural resources as ... will
promote, or is compatible with, and do not significantly impair the purposes.”
•
§4—permits hunting, fishing, or trapping. Allows zones and periods of no
hunting, fishing, or trapping for public safety, administration, or public use and
enjoyment; requires consultation with state. Has no effect on state jurisdiction or
responsibilities for hunting and fishing.
•
§5—withdraws area from mining, subject to valid existing rights; “may permit
the removal of the nonleasable minerals ... in the manner prescribed by” §10 of
the Act of September 1, 1939, as amended, (43 U.S.C. §387) and “of leasable
minerals ... in accordance with the Mineral Leasing Act of February 25, 1920, as
amended (30 U.S.C. §181 et seq.), if he [the Secretary] finds that such disposition
would not have significant adverse effects on the purposes of the Colorado River
storage project and ... the purposes of the recreation area.”
•
§9—has no effect on state or local “right to exercise civil and criminal
jurisdiction within the recreation area ... or of its right to tax persons,
corporations, franchises, or other non-Federal property.”
5. Oregon Dunes National Recreation Area (OR)—P.L. 92-259; 4½ pages.
•
§1—designates area “to provide for the public outdoor recreation use and
enjoyment of certain ocean shorelines and dunes, forested areas, fresh water
lakes, and recreational facilities ... by present and future generations and the
conservation of scenic, scientific, historic, and other values contributing to public
enjoyment.”
•
§2—requires management “in accordance with the laws, rules, and regulations
applicable to the national forests.”
•
§3—establishes the “Inland Sector” as a buffer zone.
•
§7—authorizes land acquisition of certain types of land in the Inland Sector only
with the consent of the owner.
•
§9—permits hunting, fishing, and trapping. Allows zones and periods of no
hunting, fishing and trapping for public safety, administration, or public use and
enjoyment; requires consultation with state.
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•
§10—withdraws area from mining and mineral leasing laws, subject to valid
existing rights.
•
§11(a)—authorizes and directs “subject to applicable water quality standards ...
[and] to reasonable rules and regulations, the investigation for, appropriation,
storage, and withdrawal of ground water, surface water, and lake, stream, and
river water ... for beneficial use in accordance with applicable laws of the United
States and of the State of Oregon.”
•
§11(b)—authorizes and directs “subject to applicable water quality standards ...
transportation and storage in pipelines ... of domestic and industrial wastes.”
•
§11(c)—authorizes “subject to applicable water quality standards ... such
additional easements and rights ... for the effective use of the rights to water and
the disposal of waste ... and for other utility and private purposes” with approval
from the state “subject to such reasonable terms and conditions as he [the
Secretary] deems necessary for the protection of the scenic, scientific, historic,
and recreational features.”
•
§12—establishes advisory council for management and development.
•
§13—directs review of wilderness potential within three years.
•
§14—requires cooperation with state and local governments. Also, has no effect
on state or local “right to exercise civil and criminal jurisdictions within the
recreation area ... or of its right to tax persons, corporations, franchises, or other
non-Federal property.”
•
§15—authorizes appropriations.
6. Sawtooth National Recreation Area (ID)—P.L. 92-400; 5+ pages.
•
§1—designates area “to assure the preservation and protection of the natural,
scenic, historic, pastoral, and fish and wildlife values and to provide for the
enhancement of the recreational values associated therewith.”
•
§2(a)—directs management “in accordance with the laws, rules and regulations
applicable to the national forests ... as will best provide (1) the protection and
conservation of the salmon and other fisheries; (2) the conservation and
development of scenic, natural, historic, pastoral, wildlife, and other values,
contributing to and available for public recreation and enjoyment, including the
preservation of sites associated. with and typifying the economic and social
history of the American West; and (3) the management, utilization, and disposal
of natural resources ... such as timber, grazing, and mineral resources insofar as
their utilization will not substantially impair the purposes.”
•
§2(b)—designates wilderness.
•
§3—authorizes land acquisition, up to 5% of private property within the
recreation area; (c) limits condemnation.
•
§4—requires “regulations setting standards for the use, subdivision, and
development of privately owned property within the boundaries ... in furtherance
of the purposes” in conformance with the Administrative Procedure Act, and with
any litigation at the U.S. District Court for Idaho.
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Congressionally Designated Special Management Areas in the National Forest System
•
§5—requires review of wilderness suitability.
•
§7—has no effect on state or local right “to exercise civil and criminal
jurisdictions within the recreation area or of its right to tax persons, corporations,
franchises, or property.”
•
§8—permits hunting and fishing. Allows zones and periods of no hunting for
public safety, administration, or public use and enjoyment; requires consultation
with state.
•
§9—creates “no express or implied claim or denial on the part of the Federal
Government as to exemption from State water laws.”
•
§10—withdraws area from mining laws, subject to valid existing rights.
•
§11—requires regulations including “provisions for control of the use of
motorized and mechanical equipment for transportation over, or alteration of, the
surface of such federal land ..., including but not limited to mineral prospecting,
exploration, or development operations.”
•
§12—prohibits minerals land patents.
•
§13—authorizes appropriations.
•
§14—directs a “comprehensive analysis of the natural, economic, and cultural
values of the recreation area and adjacent Pioneer Mountains for ... evaluating the
potentiality” as a National Park Service unit.
7. Hells Canyon National Recreation Area (ID-OR)—P.L. 94-199; 6+ pages.
32
•
§1(a)—designates area “to assure that the natural beauty, and historical and
archeological values ... are preserved for this and future generations, and that the
recreational and ecological values and public enjoyment of the are thereby
enhanced.”
•
§2 & §3—designate wilderness areas and wild and scenic rivers, respectively.
•
§4—directs that “the Federal Power Commission32 may not license the
construction of any dam, water conduit, powerhouse, transmission line, or other
project work ... within the area” but operation and maintenance of current
projects may continue.
•
§6—creates no limits or restrictions on beneficial uses of upstream water, and no
flow requirements.
•
§7—directs management “in accordance with the laws, rules, and regulations
applicable to the national forests, for public outdoor recreation in a manner
compatible with the following objectives”:
•
“(1) the maintenance and protection of the free-flowing nature of the rivers”;
•
“(2) conservation of the scenic, wilderness, cultural, scientific, and other
values contributing to the public benefit”;
Now the Federal Energy Regulatory Commission (FERC).
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Congressionally Designated Special Management Areas in the National Forest System
•
•
“(3) preservation ... of all features and peculiarities believed to be
biologically unique including, but not limited to, rare and endemic plant
species, rare combinations of aquatic, terrestrial, and atmospheric habitats,
and the rare combinations of outstanding and diverse ecosystems and parts of
ecosystems associated therewith”;
•
“(4) protection and maintenance of fish and wildlife habitat”;
•
“(5) protection of archeological and paleontological sites and interpretation
of these sites for the public benefit and knowledge insofar as it is compatible
with protection”;
•
“(6) preservation and restoration of historic sites associated with and
typifying the economic and social history of the region and the American
West; and”
•
“(7) such management, utilization, and disposal of natural resources ...
including, but not limited to, timber harvesting by selective cutting, mining,
and grazing and the continuation of such existing uses and developments as
are compatible with the provisions of this Act.”
§8(a)—requires comprehensive management plan within five years.
•
(b)—requires consideration of “the historic, archeological, and
paleontological resources ... which offer significant opportunities for
anthropological research.” Requires an inventory.
•
(c)—directs a “detailed study of the need for, and alternative routes of, scenic
roads and other means of transit to and within the recreation area.”
•
(d)—requires a review of wilderness suitability.
•
(e)—requires “full public participation.”
•
(f)—directs that “such activities as are compatible with the provisions of this
Act, but not limited to, timber harvesting by selective cutting, mining, and
grazing may continue during development of the comprehensive
management plan.”
•
§9—authorizes acquisition of land or easements; authorizes purchase land
without consent if reasonable negotiations have failed and up to 5% of private
land; places no such limits on easements, but authorizes easements without
consent only if “such lands are being used, or are in imminent danger of being
used, in a manner incompatible” with the regulations.
•
§10—requires “such rules and regulations as he deems necessary ... including,
but not limited to—”
•
“(a) standards for the use and development of privately owned property
within the recreation area”;
•
“(b) standards and guidelines to insure full protection and preservation of the
historic, archeological, and paleontological resources in the recreation area”;
•
“(c) provision for the control of the use of motorized and mechanical
equipment”;
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Congressionally Designated Special Management Areas in the National Forest System
•
“(d) provision for the control of the use and number of motorized and
nonmotorized river craft; and”
•
“(e) standards for such management, utilization and disposal.” See §8(f).
•
§11—withdraws area from mining and mineral leasing laws, subject to valid
existing rights.
•
§12—permits hunting and fishing. Allows zones and periods with no hunting or
fishing for public safety, administration, or public use and enjoyment; requires
consultation with state.
•
§13—recognizes “ranching, grazing, farming, timber harvesting, and the
occupation of homes and lands associated therewith ... as traditional and valid
uses.”
•
§14—has no effect on state or local rights “to exercise civil and criminal
jurisdictions within the recreation area or of its right to tax persons, corporations,
franchises, or property.”
•
§15—requires cooperation “in the development and operation of facilities and
services.”
•
§16—authorizes appropriations.
8. Arapaho National Recreation Area (CO)—P.L. 95-450, Indian Peaks Wilderness Area, the
Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act; 2½ pages.
•
§2—(1) presents findings and establishes purposes: “to preserve and protect the
natural, scenic, historic, pastoral, and wildlife resources of the area and to
enhance the recreational opportunities provided.”
•
§3—designates wilderness.
•
§4(a)—designates 36,235-acre area.
•
§4(b)—requires management “in accordance with the laws and regulations
applicable to the national forests, in such a manner as will best provide for—”
•
“(1) public recreation and enjoyment”;
•
“(2) the conservation and development of the scenic, natural, historic, and
pastoral values of the area”;
•
“(3) the management, utilization, and disposal of natural resources such as
timber, grazing, and mineral resources so that their utilization will not
substantially impair the purposes; and”
•
“(4) the management of water quality ... consistent with the development of
needed water supply and waste-water systems, including the control of
aquatic vegetation in the streams, lakes, and reservoirs.”
•
§4(c)—requires “an overall management plan,” in consultation with state and
local governments and interested persons.
•
§5—authorizes land and easement acquisition.
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Congressionally Designated Special Management Areas in the National Forest System
•
§6—permits hunting and fishing. Allows zones and periods of no hunting or
fishing for public safety, area general administration, or public use and
enjoyment; requires consultation with state.
•
§7—requires cooperation on issuing permits and development and operation of
facilities and services.
•
§8—specifies no “express or implied claim or denial on the part of the Federal
Government as to exemption from State water laws.”
•
§10—has no effect on state or local rights “to exercise civil and criminal
jurisdictions within the recreation area or of its right to tax persons, corporations,
franchises, or property.”
•
§11—authorizes appropriations.
•
§12—designates wilderness.
9. Rattlesnake National Recreation Area (MT)—P.L. 96-476, Rattlesnake National Recreation
Area and Wilderness Act of 1980; 2½ pages.
•
§1(a)—presents findings that “certain other lands ... while not predominantly of
wilderness quality, have high value for municipal watershed, recreation, wildlife
habitat, and ecological and educational purposes.”
•
§1(b)—establishes purposes: “to promote the watershed, recreational, wildlife,
and educational values.”
•
§2—designates wilderness.
•
§3—designates recreation area.
•
§4—authorizes (a) land acquisition; and (b) land exchange.
•
§4(c)—directs treatment of coal leasing rights.
•
§4(d)(2)—directs that “nothing ... shall ... affect or diminish any water right ...
nor the rights of the owner of such water right to the customary and usual access,
including necessary motorized use ... to operate and maintain such facilities.”
•
§6—authorizes appropriations.
10. Robert T. Stafford White Rocks National Recreation Area (VT)—P.L. 98-322, Vermont
Wilderness Act of 1984, Title II; 2 pages.
•
§201(a)—presents findings.
•
§201(b)—establishes purposes: “to preserve and protect their existing wilderness
and wild values and to promote wild forest and aquatic habitat for wildlife,
watershed protection, opportunities for primitive and semiprimitive recreation,
and scenic, ecological, and scientific values.”
•
§202—designates 36,400-acre area.
•
§204(a)—directs management, subject to valid existing rights, “in accordance
with ... the laws, rules, and regulations applicable to the national forests” for:
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Congressionally Designated Special Management Areas in the National Forest System
•
“(1) the continuation of existing primitive and semiprimitive recreational use
in a natural environment”;
•
“(2) utilization of natural resources ... only if consistent with the findings and
purposes of this title”;
•
“(3) preservation and protection of forest and aquatic habitat for fish and
wildlife; and”
•
“(4) protection and conservation of special areas having uncommon or
outstanding wilderness, biological, geological, recreational, cultural,
historical or archeological, and scientific, or other values contributing to
public benefit.”
•
(b)—withdraws area from mineral leasing laws.
•
(c)—permits hunting, fishing, and trapping.
•
(d) & (e)—requires within 18 months a comprehensive management plan, and
“shall provide for full public participation, shall consider the views of all
interested agencies, organizations, and individuals, and shall particularly
emphasize the values enumerated” above.
11. Oregon Cascades Recreation Area (OR)—P.L. 98-328, Oregon Wilderness Act of 1984, §4;
2+ pages.
•
(a)—purposes are “to conserve, protect, and manage, in a substantially
undeveloped condition, certain ... lands ... having unique geographic,
topographic, biological, ecological features and possessing significant scenic,
wildlife, dispersed recreation, and watershed values.”
•
(b)—designates 156,900-acre area; directs management “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)—requires plans 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)—(1) directs that mining claims are subject to “reasonable regulations”; (2)
withdraws area from mining and mineral leasing laws, subject to valid existing
rights.
•
(e)—permits “under appropriate regulations ... for resource protection and
management and for visitor safety and comfort.”
•
“(1) those [activities] necessary to prevent and control wildfire, insects,
diseases, soil erosion, and other damaging agents, including timber
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Congressionally Designated Special Management Areas in the National Forest System
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, and”
•
“(6) public service land occupancies, including power transmission lines,
provided there is no feasible alternative location.”
•
(f)—designates wilderness.
•
(g)—requires either NFMA plan amendments for the four affected national
forests or an integrated plan for the area within three years. “Any plan ... for the
recreation area shall identify and designate specific and appropriate areas and
routes for the use of motorized recreational vehicles.”
12. Mount Baker National Recreation Area (WA)—P.L. 98-339, Washington State Wilderness
Act of 1984 §7; ½ page.
•
(a)—establishes purposes: “to assure the conservation and protection of certain
natural, scenic, historic, pastoral, and fish and wildlife values and to provide for
the enhancement of the recreational values associated therewith.”
•
(b)—designates 8,600-acre area.
•
(d)—directs management “in accordance with the laws, rules and regulations
applicable to the national forests ... as will best provide for”
•
“(1) public outdoor recreation (including but not limited to snowmobile
use)”;
•
“(2) conservation of scenic, natural, historic, and other values contributing to
public enjoyment; and”
•
“(3) such management, utilization, and disposal of natural resources ... which
are compatible with and which do not significantly impair the purposes.”
13. Allegheny National Recreation Area (PA)—P.L. 98-585, Pennsylvania Wilderness Act of
1984, §6; 1+ pages.
•
(a)—designates 23,100-acre area.
•
(b)—directs management “for the purposes of—”
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Congressionally Designated Special Management Areas in the National Forest System
•
“(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 habitats”;
•
“(3) the protection of watersheds and the maintenance of free flowing
streams and the quality of ground and surface waters”;
•
“(4) the conservation of scenic, cultural, and other natural values of the
area”;
•
“(5) allowing the development of privately owned gas, oil, and mineral
resources subject to reasonable regulations; and”
•
“(6) minimizing, to the extent practicable, environmental disturbances caused
by resource development, consistent with the exercise of private property
rights.”
•
(c)—directs management “in accordance with the laws, rules, and regulations
applicable to the National Forest System.” Provides that “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
regulations.... For any such activity, the Secretary shall require a plan of
operations which shall including provisions for adequate reclamation, including,
to the extent practicable, revegetation and rehabilitation after each phase of
operations.”
•
(d)—requires a management plan for the area, “in conjunction with, or
incorporated with” the NFMA plan for the Allegheny National Forest.
•
(e)—permits hunting, fishing, and trapping. Allows zones and periods of no
hunting, fishing, or trapping for public safety, administration, or public use and
enjoyment; requires consultation with state.
•
(f)—withdraws area from mining and mineral leasing laws, subject to valid
existing rights.
14. Pine Ridge National Recreation Area (NE)—P.L. 99-504, Nebraska Wilderness Act of 1986,
Title II; 1½ pages.
•
§201—designates 6,600-acre area.
•
§203(a)—directs management, subject to valid existing rights, “in accordance
with the laws, rules, and regulations applicable to the national forests ... [for]”:
•
“(1) the continuation of existing primitive and semiprimitive recreational use
in a natural environment”;
•
“(2) preservation and protection of forest, aquatic and grassland habitat”;
•
“(3) protection and conservation of special areas having uncommon or
outstanding wilderness, biological, geological, recreational, cultural,
historical or archeological, and scientific, or other values contributing to the
public benefit”;
•
“(4) the continuation of existing livestock grazing uses”;
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Congressionally Designated Special Management Areas in the National Forest System
•
“(5) the control of noxious weeds and insects and prevention of their
spreading onto the nearby private and Federal lands; and”
•
“(6) the control of fires and prevention of their spreading onto nearby private
and Federal lands.”
•
§203(b)—requires a Memorandum of Understanding (MOU) “with local and
State firefighting agencies and individuals to assure the best utilization of the
firefighting resources available.”
•
§203(c)—permits hunting, fishing, and trapping.
•
§203(d)—withdraws area from mining and mineral leasing laws, subject to valid
existing rights.
•
§203(e)—has no effect on state fish and wildlife jurisdictions or responsibilities.
•
§203(f) & (g)—requires a comprehensive management plan within 18 months,
with “full public participation.”
15. Winding Stair Mountain National Recreation Area (OK)—P.L. 100-499, Winding Stair
Mountain National Recreation Area and Wilderness Act, §8; 1 page
•
(a)—establishes purposes: “to ensure the conservation and protection of certain
natural, scenic, historic, pastoral, and fish and wildlife values and to provide for
the enhancement of the recreational values associated therewith.”
•
(b)—designates 26,445-acre area.
•
(d)—directs management “in accordance with the laws, rules and regulations
applicable to the national forests.... Management and utilization of natural
resources ... shall be permitted to the extent such management and utilization is
compatible with and does not impair the purposes.”
•
(e)—directs that “any sales of timber ... shall be designed so as to not detract
from the scenic values.... Management practices that would detract from the
scenic quality and natural beauty within the view from [two roads] ... shall not be
conducted.... Unevenaged timber management shall be the timber management
practice in the recreation area, except that the Secretary may use evenaged
management practices in order to promote public safety, mitigate the effects of
fire, insects, and disease, or allow scenic vistas and recreational development or
if such practices result in irregular cuts behind geographic barriers blocking the
view from” two roads.33
16. Grand Island National Recreation Area (MI)—P.L. 101-292; 6+ pages.
•
§1—designates area “to preserve and protect ... the outstanding resources and
values ... [and for] providing the for conservation, protection, and enhancement
of its scenery, recreation, fish and wildlife, vegetation and historical and cultural
resources.”
33
Uneven-aged timber management is one of the standard silvicultural approaches to timber management (the other
being even-aged timber management). See David M Smith et al., The Practice of Silviculture: Applied Forest Ecology,
9th ed. (New York: John Wiley & Sons, 1997).
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Congressionally Designated Special Management Areas in the National Forest System
•
§2—defines area boundaries.
•
§3(a)—directs management “in accordance with the laws, rules, and regulations
applicable to the National Forest System.”
•
§3(b)—establishes additional management guidance:
•
(1)—provides access across federal lands to private homes and lands,
“subject to ... terms and conditions.”
•
(2)—requires provision and maintenance of “traditional public access,
including vehicular roads for general recreational activities, such as camping,
hiking, hunting, fishing, and trapping.”
•
(3)—permits “the use of snowmobiles ... regulated to protect the resources
[to] ... minimize the degradation of these resources.”
•
(4)—allows “timber management ... only as a tool to enhance public
recreation, scenic quality, game and nongame wildlife species, and the
protection and enhancement of threatened, endangered, or sensitive species.
Trees damaged or downed due to fire, insects, disease, or blowdown may be
utilized, salvaged, or removed.”
•
(5)—provides for “reasonable water transportation from the mainland ... [via]
concession, permit, or other means, and a reasonable charge may be
imposed.”
•
(6)—directs “through concession, permit, or other means docking and lodge
facilities.”
•
(7)—directs “reasonable actions to provide for public health and safety and
for the protection of the ... area in the event of fire or infestation of insects or
disease.”
•
(8)—requires “as a condition of acquisition ... occupancy and use permits for
any privately owned home ... within the ... area” for 20 years, and renewable,
if “in compliance with the purposes of this Act, the terms of the permit, and
other applicable rules and regulations,” with specific provisions:
•
(A)—permits are limited to the owner, “spouse, the children,
stepchildren, and grandchildren ... and their direct lineal descendents
(natural and adopted offspring).”
•
(B)—use is restricted to “noncommercial recreation occupancy.”
•
(C)—annual fees are based on fair market value.
•
(D)—“expansion, remodeling, or reconstruction ... [is] subject to
approval” and limited in extent.
•
(E)—federal acquisition is authorized at the fair market value.
•
(F)—permits may be terminated for failure to comply with terms and
conditions.
•
(G)—improvements not removed within one year of termination belong
to the federal government.
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Congressionally Designated Special Management Areas in the National Forest System
•
§4—authorizes acquisition of lands, waters, structures, and interests.
•
§5—has no effect on state fish and wildlife responsibility. Allows zones and
periods of no hunting, fishing, or trapping for public safety, administration,
protection of nongame species and their habitats, or public use and enjoyment;
requires consultation with state.
•
§6—withdraws area from mining and mineral leasing laws, except for “common
varieties of mineral materials” subject to valid existing rights.
•
§7—requires, when more than 10,000 acres have been acquired, a comprehensive
management plan, within 30 months. Special issues to consider include:
•
“(1) Public recreation, including consideration of a range of appropriate
recreational opportunities consistent with the rustic, natural, and historic
character of the island.”
•
“(2) The feasibility [and economics] of a concessionaire constructed,
operated, and maintained rustic lodge and educational facility on no more
than 55 acres” and with no effect on scenic views or tree line from Pictured
Rocks National Lakeshore
•
“(3) Prescriptions concerning any management and harvest of timber.”
•
“(4) General design criteria for new facilities or the improvement of existing
facilities that are compatible with the rustic, natural, and historic character of
the island and their topographic and geological location, and that do not
impair scenic views from Pictured Rocks.”
•
“(5) Water transportation from the mainland ... by a concessionaire or other
entity.”
•
“(6) The feasibility of concessionaire constructed, operated, and maintained
docking facilities in the natl. recreation area and on the mainland.”
•
“(7) An inventory and assessment of existing traditional roads, the level of
road use, access needs, and any vehicular regulation and management needed
to protect the resources ... while providing reasonable access to private
property.”
•
§8—creates an advisory commission for advice on management plan; defines
membership; and terminates the commission after the plan is adopted.
•
§9—authorizes appropriations.
17. Smith River National Recreation Area (CA)—P.L. 101-612, 10 pages (excluding 4+ pages
designating wild and scenic rivers).
•
§2—presents findings.
•
§3—includes definitions.
•
§4—(a) establishes purposes: for “ensuring the preservation, protection,
enhancement, and interpretation ... of the Smith River watershed’s outstanding
wild and scenic rivers, ecological diversity, and recreational opportunities while
providing for the wise use and sustained productivity of its natural resources.” (b)
establishes boundaries.
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Congressionally Designated Special Management Areas in the National Forest System
•
§5(a)—directs management “in accordance with ... the laws, rules, and
regulations applicable to the National Forest System.” The USFS “shall ...
undertake [to]”:
•
“(1) Provide for a broad range of recreation uses and provide recreational and
interpretive services and facilities.”
•
“(2) Provide and maintain adequate public access.”
•
“(3) Improve the anadromous fishery and water quality, including (but not
limited to) stabilizing landslides, improving fish spawning and rearing
habitat, and placing appropriate restrictions or limitations on soil disturbing
activities.”
•
“(4) Permit the use of off-road vehicles only on designated routes.”
•
“(5) Provide for public health and safety and for the protection of the
recreation area in the event of fire or infestation of insects or disease.”
•
“(6) Permit programmed timber harvest only in those management areas
where timber harvest is specifically authorized.... Timber management ...
shall incorporate the use of strategies to reduce habitat fragmentation and
employ silvicultural prescriptions designed to maintain or enhance biological
diversity and wildlife habitats (such as retention of standing green trees,
snags, and other coarse woody debris) by providing a high level of structural
and compositional diversity in managed stands.”
•
“(7) Permit removal of trees within streamside protection zones ... [of rivers
listed in §11] only when necessary for human health and safety, to maintain
trails or existing roads, for the development of recreation or other facilities,
for the protection of the recreation area in the event of fire, or to improve fish
and wildlife habitat.”
•
“(8) permit removal of trees in ... areas where timber harvest is not
specifically authorized ... when necessary for human health and safety, to
maintain trails or existing roads, for the development of recreation or other
facilities, for the protection of the recreation area in the event of fire, or to
improve fish and wildlife habitat. Timber damaged or down in these areas as
a result of fire, insects, disease, blowdown or other natural events shall
otherwise be retained in its natural condition, with removal permitted only
upon a written determination ... that such removal is necessary to provide for
or maintain or enhance biological and ecological diversity, without regard to
the commodity value of the timber.”
•
“(9) Provide for long-term viability and presence of Port-Orford-cedar [a
particular tree species] and ensure its continued present economic and
noneconomic uses.”
•
“(10) Except where timber harvest is specifically authorized ... protect,
preserve, and increase old growth forest habitat.”
•
“(11) Provide for the restoration of landscapes damaged by past human
activity.”
•
“(12) Develop a monitoring program to consistently gather water quality, air
quality, wildlife, and fisheries data.”
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Congressionally Designated Special Management Areas in the National Forest System
•
•
“(13) Develop and implement a management plan to maintain, protect, and
promote habitat for native resident trout species.”
•
“(14) Cooperate with other Federal, State, and local government agencies.”
§5(b)—notes eight management units within the recreation area, as defined on
the referenced map, managed consistent with §5(a) plus additional management
emphasis:
•
(A) for #1 “shall be on back-country and whitewater recreation, while
recognizing unique botanic communities, outstanding whitewater, and
historic and scenic values.”
•
(B) for #2 “shall be on providing and maintaining ecologic and biologic
diversity. Timber harvest shall be permitted ... only in existing plantations.”
•
(C) for #3 “shall be on maintaining wildlife values and providing for a full
range of recreation uses, with particular emphasis on scenic and recreation
values associated. with the Smith Rivers, old growth redwoods, and Cal.
State Hwy. 199.”
•
(D) for #4 “shall be on wild rivers and roadless back-country recreation.”
•
(E) for #5 “shall be on maintaining and protecting natural scenic values in the
rivers canyon while providing for traditional and compatible rivers sports,
including white water rafting, angling, sightseeing, and developed and
dispersed recreation Timber harvests based on uneven-aged management
with extended rotations shall be allowed where consistent with protection of
the scenic values.”
•
(F) for #6 “shall be on maintenance of wildlife values while providing rustic
family and group recreation facilities for fishing, swimming, hunting, and
camping. Timber harvests based on uneven-aged management with extended
rotations shall be allowed where consistent with protection of scenic and
wildlife values.”
•
(G) for [#7] “shall be on providing a sustained yield of wood products while
maintaining biological and ecological diversity.”
•
(H) #8 is the Siskiyou Wilderness, and managed accordingly.
•
§6—authorizes land acquisition and certain land transfers [1 page]; (d) withdraws
area from disposal under public land laws, subject to valid existing rights.
•
§7—has no effect on state jurisdiction or responsibilities over fish and wildlife.
Allows zones and periods of no hunting, fishing, or trapping for protecting
nongame species and their habitats, public safety, administration, or public use
and enjoyment; requires consultation with state.
•
§8—(a) withdraws area from mining and mineral leasing laws, subject to valid
existing rights; (b) prohibits mining patents; (c) prohibits mineral development,
except common variety minerals and subject to valid existing rights.
•
§9—requires revision of existing management plan for area, to be “incorporated
in its entirety” in the NFMA plan for the Six Rivers National Forest.
•
§10—designates wild and scenic rivers—4+ pages.
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Congressionally Designated Special Management Areas in the National Forest System
•
§11(a)—establishes streamside protection zones for listed streams [nearly 1
page]; “timber harvesting shall be prohibited” except under §5(a)(7). “Such zone
shall extend 300 feet from each bank of the rivers and rivers segments, or 100
feet from the inner gorge, or within the limit of high and extreme landslide
hazards, whichever is greater.”
•
§11(b)—establishes streamside protection zones for listed streams [nearly 1
page], “timber harvesting shall be prohibited” except under §5(a)(7). “Such zone
shall extend on the average of one-quarter mile on either side of said rivers and
rivers segments, or 100 feet from the inner gorge, or within the limit of high and
extreme landslide hazards, whichever is greater.”
•
§12(a)—has no effect on state civil or criminal jurisdiction, state responsibility
over fish and wildlife, or state authority “to tax persons, franchise, or public
property.”
•
§12(b)—directs cooperative agreements for rescue, fire, law enforcement; and
for nonfederal land planning within the area.
•
§12(c)—authorizes technical assistance to state and local governments.
•
§12(d)—directs assistance to a county in developing a land information system,
compatible with federal systems.
•
§13—has no effect on (a) lands outside the area; (b) prior rights, including timber
contracts; (c) state road easements; (d) access by private landowners.
•
§13(e)—directs 11 years of additional payments to states for lands in the county.
•
§14—authorizes appropriations.
18. Ed Jenkins National Recreation Area (GA)—P.L. 102-217, Chattahoochee National Forest
Protection Act of 1991, §4; 1 page. Originally named Springer Mountain National Recreation
Area; name changed in P.L. 102-456.
•
(a)—designates 23,330-acre area for “the protection of certain natural, scenic,
fish and wildlife, historic and archaeological, wildland and watershed values, and
providing for the enhancement of the recreation opportunities associated. with
these values.”
•
(b)(1)—directs management, subject to valid existing rights, “in accordance with
the laws, rules and regulations applicable to the national forests.” Prohibits
timber harvesting, except “in furtherance of this section, but only in a manner
which does not impart the purposes.... Salvage or sanitation harvesting of timber
stands which are substantially damaged by fire, windthrow or other catastrophe,
or are in imminent danger from insect or disease attack, is authorized to maintain
forest health. Timber harvesting is authorized to provide for visitor safety.”
•
(b)(2)—allows “the completion of existing timber sales under contract ... [and]
additional road construction ... in furtherance of the purposes.”
•
(b)(3)—specifies no need to “change patterns of public access or closure on
existing permanent national forest development roads ... [and] may open or close
such existing roads to public use for reasons of sound resource management.”
•
(b)(4)—withdraws area from “all laws pertaining to mineral leasing.”
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Congressionally Designated Special Management Areas in the National Forest System
•
(b)(5)—allows “the continued maintenance of existing wildlife openings, ... [and]
new wildlife openings in furtherance of the purposes.”
•
(b)(6)—requires management to “protect, enhance, and promote the public’s
opportunities for primitive and semiprimitive recreation.”
•
(b)(7)—prohibits interference “with the rights of access to privately held lands.”
19. Spring Mountains National Recreation Area (NV)—P.L. 103-63; 4+ pages.
•
§2—provides definitions.
•
§3—establishes purposes, to:
•
“(1) preserve scenic, scientific, historic, cultural, natural, wilderness,
watershed, riparian, wildlife, threatened and endangered species, and other
values contributing to public enjoyment and biological diversity”;
•
“(2) ensure appropriate conservation and management of natural and
recreation resources; and”
•
“(3) provide for the development of public recreation opportunities ... for the
enjoyment of present and future generations.”
•
§4—designates 316,000-acre area.
•
§5(a)—directs management “in accordance with the laws, rules, and regulations
applicable to the National Forest System and ... for—”
•
“(1) the conservation of scenic, scientific, historic, cultural, and other values
contributing to public enjoyment”;
•
“(2) the conservation of fish and wildlife populations and habitat, including
the use of prescribed fire to improve or maintain habitat”;
•
“(3) the protection of watersheds and the maintenance of free flowing
streams and the quality of ground and surface waters”;
•
“(4) public outdoor recreation benefits, including, but not limited to, hunting,
fishing, trapping, hiking, horseback riding, backpacking, rock climbing,
camping, and nature study”;
•
“(6) the management and use of natural resources in a manner compatible
with the purposes.”
•
§5(b)—permits hunting, trapping, fishing, and habitat management. Allows zones
and periods of no hunting, trapping, or fishing for public safety, administration,
or public use and enjoyment; requires consultation with state.
•
§5(c)—authorizes continued “grazing of livestock ... subject to such reasonable
regulations, policies, and practices as ... necessary.”
•
§5(d)—authorizes “such reasonable measures as ... necessary to protect the land
and resources from fire or insect or disease infestation.”
•
§6(a)—requires a management plan as an amendment to the NFMA plan for the
Toiyabe National Forest within 3 full fiscal years and in consultation with state
agencies; (2) identifies contents:
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•
“(A) implementation plans for a continuing program of interpretation and
public education”;
•
“(B) proposals for public facilities to be developed, expanded, or improved”;
•
“(C) plans for the management of natural and cultural resources, with
emphasis on the preservation and long-term scientific use of archaeological
resources”;
•
“(D) wildlife and fish resource management plans ... in consultation” with
the state;
•
“(E) recreation management plans ... in consultation” with the state;
•
“(F) wild horse and burro herd management plans ... in consultation” with the
state; and
•
“(G) an inventory of all lands ... that will permit ... possible future
acquisitions.”
•
§6(b)—requires plan to include wilderness study area recommendations; requires
management to maintain wilderness suitability “until otherwise directed by Act
of Congress.”
•
§7—authorizes land acquisition.
•
§8—withdraws area from public land, mining, mineral leasing laws, except for a
specified site, subject to valid existing rights.
•
§9—directs, for “unified and cost-effective management and interpretation,”
cooperative agreements with other federal, state, local governments, and
nonprofits for “management and interpretation of natural and cultural resources.”
•
§10—authorizes appropriations.
20. Fossil Ridge Recreation Area (CO)—P.L. 103-77, Colorado Wilderness Act of 1993, §5; 1
page.
•
(a)—designates 43,900-acre area “to conserve, protect, and enhance scenic,
wildlife, recreational, and other natural resource values.”
•
(b)—directs management “in accordance with the laws and regulations
applicable to the National Forest System.”
•
(c)—withdraws area from public land, mining, and mineral leasing laws, subject
to valid existing rights.
•
(d)—prohibits “timber harvesting ... except to the extent that would be permitted
in wilderness ... for necessary control of fire, insects, and diseases, and for public
safety.”
•
(e)—directs that “the designation ... shall not be construed to prohibit, or change
the administration of, the grazing of livestock.”
•
(f)—directs that “no developed campgrounds ... [and] no new roads or trails may
be constructed.”
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Congressionally Designated Special Management Areas in the National Forest System
•
(g)—allows “motorized travel ... only on those established trails and routes
existing as of July 1, 1991.... Nothing ... shall be construed as precluding ...
closing of any trail or route from use for ... resource protection or public safety.”
21. Jemez National Recreational Area (NM)—P.L. 103-104; 4½ pages.
•
§1—designates 57,000-acre area “to conserve, protect, and restore the
recreational, ecological, cultural, religious, and wildlife resource values.”
•
§2(a)—directs management “in accordance with ... the laws, rules, and
regulations applicable to National Forest System lands.... Management of natural
resources ... shall be permitted only to the extent ... compatible with and does not
impair the purposes.... Recreational activities shall include (but not be limited to)
hiking, camping, hunting, fishing, skiing, backpacking, rock climbing, and
swimming.”
•
§2(b)—requires a management plan as an amendment to the NFMA plan for the
Santa Fe National Forest within five years.
•
§2(c)—requires “particular emphasis to the preservation, stabilization, and
protection of cultural resources.”
•
§2(d)—“In recognition of the historic use ... by Indian peoples for traditional
cultural and customary uses,” requires consultation with local tribal leaders.
•
§2(e)—requires “particular emphasis to the conservation and protection of
wildlife resources, including species listed as sensitive.”
•
§2(f)—permits hunting and fishing.
•
§2(g)—permits “timber harvesting ... for commercial purposes, including (but
not limited to) vigas, latillas, the gathering of fuelwood, and for purposes of
public safety, recreation, wildlife, and Administration, insofar as the harvesting is
compatible with the purposes .... Trees damaged or downed due to fire, disease,
or insect infestation may be utilized, salvaged, or removed ... in furtherance of
the purposes.... Nothing ... shall be construed to affect the timber sales under
contract.” One particular timber sale is required to use “uneven aged
management including the individual tree selection method.”
•
§2(h)—permits livestock grazing; “Riparian areas shall be managed ... to protect
their important resource values.”
•
§2(i)—(1) requires, within one year, a transportation plan “for most efficient use
of roads and trails ... [and] for a comprehensive trails system that provides for
dispersed recreation while minimizing impact on significant archaeological and
religions sites.” (2) authorizes construction, maintenance, and closure of roads
only after consultation with local tribal leaders.
•
§2(j)—requires “recreation facilities ... constructed so as to minimize impacts on
the scenic beauty, the natural character, and the archaeological and religious
sites.”
•
§2(k)—requires “a visitor center and interpretive facilities.”
•
§2(l)—allows “a utility corridor for high power electric transmission lines ... only
when ... (1) there is not a feasible alternative; (2) damage to the recreational and
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Congressionally Designated Special Management Areas in the National Forest System
scenic quality and to the archaeological and religious sites will not be significant;
(3) it is in the public interest; and (4) a plan to minimize harm to the resources ...
has been developed.”
•
§2(m)—allows “scientific investigations ... in the public interest and ...
compatible with the purposes.”
•
§2(n)—allows “zones where, and ... periods when, any activity otherwise
permitted ... will not be permitted for reasons of public safety, administration,
fish and wildlife management, protection of archaeological or cultural resources,
or public use and enjoyment.” Requires consultation with states and tribes,
except in emergencies.
•
§3—(a) prohibits mining patents; requires any claims of injury within one year;
(b) withdraws area from mining, mineral leasing, and mineral materials disposal
laws, subject to valid existing rights; (c) prohibits “surface disturbance ... except
in accordance with requirements, including ... reasonable reclamation of
disturbed lands”; (d) requires a review of mining claim validity within three
years; (e) authorizes use of “mineral materials ... for public purposes.”
•
§4—allows evaluation of “lands adjoining ... for possible inclusion ... [with]
recommendations to Congress.”
•
§5—authorizes land acquisition.
•
§6—authorizes appropriations.
22. Opal Creek Scenic Recreation Area (OR)—P.L. 104-208, Omnibus Consolidated
Appropriations Act, 1997; Division B—Oregon Resource Conservation Act of 1996; Title I—
Opal Creek Wilderness and Scenic Recreation Area; 6 pages. [Also enacted in P.L. 104-333,
Omnibus Parks and Public Lands Management Act of 1996, §1023.]
•
§102—provides definitions.
•
§103—establishes purposes:
•
“(1) to protect and provide for the enhancement of the natural, scenic,
recreational, historic, and cultural resources”;
•
“(2) to protect and support the economy of the communities ... ; and”
•
“(3) to provide increased protection for an important drinking water source.”
•
§104—designates 13,000-acre area, conditional upon specified land and
easement donations and binding agreement on other interests.
•
§105(a)—directs management “in accordance with this title and the laws
(including regulations) applicable to the National Forest System.”
•
§105(b)—requires a management plan within two years to become part of the
NFMA plan for the Willamette National Forest “and supersede any conflicting
provision in such” plan.
•
§105(c)—recognizes recreation as an appropriate use, permitted at current use
levels, and increased if consistent with protecting resource values.
•
§105(d)—requires a transportation plan; specifies guidelines.
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Congressionally Designated Special Management Areas in the National Forest System
•
§105(e)—permits hunting and fishing. Allows zones and periods of no hunting of
fishing for public safety, administration, or public use and enjoyment; requires
consultation with state.
•
§105(f)—(1) generally prohibits “the cutting and/or selling of trees.” (2)(A)
allows “the cutting of trees ... only—(i) for public safety, such as to control the
continued spread of a forest fire; (ii) for activities related to administration; or
(iii) for removal of hazard trees along trails and roadways.” (2)(B) prohibits
salvage sales.
•
§105(g)—withdraws area from public land, mining, and mineral leasing laws,
subject to valid existing rights.
•
§105(h)—provides details on administration of Bornite project (a mineral project
within the area).
•
§105(i)—specifies that FERC “may not license the construction of any dam,
water conduit, reservoir, powerhouse, transmission line, or other project work”
except for Bornite project.
•
§105(j)—requires a review and revision of the cultural and historic resource
inventory within one year.
•
§105(k)—requires (1) consultation with the advisory council; (2) views of private
groups, individuals, and the public; (3) views and assistance from other
government agencies; and (4) views of nonprofits.
•
§106—creates an advisory council; specifies membership.
•
§107—(a) authorizes land acquisition; (b) has no effect on environmental
response and cost recovery (i.e., Superfund) actions; (d) does not interfere with
special use permits.
23. Land Between the Lakes National Recreation Area (KY-TN)—P.L. 105-277, Omnibus
Consolidated and Emergency Supplemental Appropriations, 1999, Div. A, §101(e), Title V; 2
pages (6 columns) in the Congressional Record.
•
§502—provides definitions.
•
§503—establishes purposes: “(1) to transfer jurisdiction without consideration
administrative jurisdiction; (2) to protect and manage the resources ... for
optimum yield of outdoor recreation and environmental education through
multiple use management; (3) to authorize, research, test, and demonstrate
innovative programs and cost-effective management; (4) to authorize ... to
cooperate ... and to help stimulate the development of the surrounding region and
extend the beneficial results as widely as practicable; and (5) to provide for the
smooth and equitable transfer.”
•
§511(b)—directs management (1) “for multiple use as a unit of the” NFS; (2)
“The emphasis ... shall be—(A) to provide public recreational opportunities; (B)
to conserve fish and wildlife and their habitat; and (C) to provide for diversity of
native and desirable non-native plants, animals, opportunities for hunting and
fishing, and environmental education.”
•
§512—extends Tennessee Valley Authority (TVA) law enforcement authorities to
Forest Service (FS) agents and officers.
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Congressionally Designated Special Management Areas in the National Forest System
•
§513—includes area for Payments In Lieu of Taxes and USFS payments to
states; continues TVA payments.
•
§514—specifies, for transportation funding, that all paved roads are forest
highways.
•
§521—requires a management plan under NFMA.
•
§522—creates an advisory board; specifies membership, terms, functions, and
permanence.
•
§523—(a) authorizes “reasonable fees for admission to and the use of the
designated sites, or for activities”; (b) requires consideration of “the costs of
collection weighed against potential income”; (c) prohibits “general entrance
fees.”
•
§524—requires fees deposited into a special fund, available without further
appropriation for management.
•
§525—provides additional authority for special use authorizations.
•
§526(a)—allows a special use authorization for U.S. Fish and Wildlife Service
facilities, with fees deposited into the special fund, cooperation between the
agencies, and fish and wildlife activities subordinate to overall management.
•
§526(b)—allows grants, contracts, cooperative agreements, and gifts for “the
management, maintenance, operation, and interpretation.”
•
§527—designates a national recreation trail.
•
§528—requires “an inventory of and ... access to cemeteries ... for ... burial,
visitation, and maintenance.”
•
§529(a)—withdraws area from mining and mineral leasing laws; “may permit the
use of common varieties of mineral materials.”
•
§529(b)—(1) permits hunting and fishing; (2) allows zones and periods of no
hunting or fishing for public safety, administration, or public use and enjoyment;
requires consultation with state; (3) has no effect on state wildlife and fish
jurisdiction or responsibilities.
•
§530—requires TVA maintenance/repair of Hematite Dam for a year, then
transfers responsibility to USDA.
•
§531—establishes a trust fund, with $1 million annually for five years from TVA,
for “(1) public education, grants, and internships related to recreation,
conservation, and multiple use land management ... and (2) regional promotion ...
in cooperation with development districts, chambers of commerce, and State and
local governments.”
•
Subtitle C—Transfer Provisions includes 2 pages (6 columns) in the
Congressional Record on transfers of personnel, property, records,
responsibilities, and funding.
•
Subtitle D—Funding; §551 authorizes appropriations.
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Congressionally Designated Special Management Areas in the National Forest System
24. Moosalamoo National Recreation Area (VT)—P.L. 109-382, New England Wilderness Act
of 2006, Title II—Vermont, Subtitle B; 1 page.
•
§221—designates 15,857-acre area.
•
§223(a)—directs management “in accordance with—(1) laws (including rules
and regulations) applicable to units of the National Forest System; and (2) the
management direction (including objectives, standards, and guidelines)
established for the Moosalamoo Recreation and Education Management Area
under the” existing NFMA plan.
•
§223(b)—has no effect on state fish and wildlife jurisdiction.
•
§223(c)—has no effect on “managing the Green Mountain Escarpment
Management Area and the Ecological Special Areas,” in the NFMA plan.
25. Mount Hood National Recreation Area (OR)—P.L. 111-11, Omnibus Public Land
Management Act of 2009, Title I, Subtitle C—Mount Hood Wilderness, Oregon, §1204; 2 pages.
•
(a)—establishes purposes: “to provide for the protection, preservation, and
enhancement of recreational, ecological, scenic, cultural, watershed, and fish and
wildlife values.”
•
(b)—designates 34,550-acre area.
•
(d)—directs management “in accordance with the laws (including regulations)
and rules applicable to the National Forest System.”
•
(e)—permits “the cutting, sale, or removal of timber”
•
•
“(1) to the extent necessary to improve the health of the forest in a manner
that—
•
“(A) maximizes the retention of large trees—(i) as appropriate to the
forest type; and (ii) to the extent that the trees promote stands that are
fire-resilient and healthy”;
•
“(B) improves the habitats of threatened, endangered, or sensitive
species; or”
•
“(C) maintains or restores the composition and structure of the ecosystem
by reducing the risk of uncharacteristic wildfire”;
•
“(2) to accomplish an approved management activity ... if the cutting, sale, or
removal of timber is incidental; or”
•
“(3) for de minimus personal or administrative use.”
(f)—prohibits “new or temporary roads ... except as necessary—“
•
“(1) to protect the health and safety of individuals in cases of an imminent
threat of flood, fire, or any other catastrophic event that, without intervention,
would cause the loss of life or property”;
•
“(2) to conduct environmental cleanup”;
•
“(3) to allow for the exercise of reserved or outstanding rights provided for
by a statute or treaty”;
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Congressionally Designated Special Management Areas in the National Forest System
•
“(4) to prevent irreparable resource damage by an existing road; or”
•
“(5) to rectify a hazardous road condition.”
•
(g)—withdraws area from public land, mining, and mineral leasing laws, subject
to valid existing rights.
•
(h)—transfers jurisdiction of about 130 acres from the BLM to the Forest
Service.
26. Bridgeport Winter Recreation Area (CA)—P.L. 111-11, Omnibus Public Land Management
Act of 2009, Title I, Subtitle K—Eastern Sierra and Northern San Gabriel Wilderness, California,
§1806; 1+page.
•
(a)—designates 7,254-acrea area.
•
(c)—(1) directs management under existing NFMA plan until completion of area
plan required in §1806(d); and (2) allows snowmobile use “(A) during periods of
adequate snow coverage; and (B) subject to any terms and conditions determined
to be necessary.”
•
(d)—requires, within one year and through a public process, “a winter use
management plan that provides for—”
•
•
•
“(1) adequate signage”;
•
“(2) a public education program on allowable usage areas”;
•
“(3) measures to ensure adequate sanitation”;
•
“(4) a monitoring and enforcement strategy; and”
•
“(5) measures to ensure the protection of the [Pacific Crest National Scenic]
Trail.”
(e)—directs priorities for enforcement as”
•
“(1) to prohibit degradation of natural resources”;
•
“(2) to prevent interference with nonmotorized recreation on the Trail; and”
•
“(3) to reduce user conflicts in the Recreation Area.”
(f)—requires “an appropriate snowmobile crossing point along the [Pacific Crest
National Scenic] Trail” in accordance with applicable laws and subject to terms
and conditions “to ensure that the crossing would not—(A) interfere with the
nature and purposes of the Trail; or (B) harm the surrounding landscape.”
Scenic Areas
Congress has designated 11 scenic areas within the National Forest System, each with distinct
management direction enacted in the law establishing the area. More than half have been named
national scenic areas, but several are unique variations: scenic-research area; scenic highway;
national forest scenic area; and national scenic and wildlife area. The rationale for these
distinctions is not apparent. No conclusions can be drawn about the general management
guidance for these areas, or the differences compared to national monuments and recreation areas.
In general, scenic areas are smaller than national monuments and recreation areas; most are less
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Congressionally Designated Special Management Areas in the National Forest System
than 10,000 acres, but they range up to 128,303 acres for the Mono Basin National Forest Scenic
Area.
1. Cascade Head Scenic-Research Area (OR)—P.L. 93-535; 3½ pages.
•
§1—designates area “to provide present and future generations with the use and
enjoyment of certain ocean headlands, rivers, streams, estuaries, and forested
areas, to insure the protection and encourage the study of significant areas for
research and scientific purposes, and to promote a more sensitive relationship
between man and his adjacent environment.”
•
§2—directs management “in accordance with the laws, rules, and regulations
applicable to national forests.”
•
§3(c)—establishes subareas, with supplemental purposes:
•
“(1) Estuary and Associated Wetlands Subarea: to protect and perpetuate the
fish and wildlife, scenic and research-education values, while allowing
dispersed recreation use, such as sport fishing, nonmotorized pleasure
boating, waterfowl hunting, and other uses ... compatible with the protection
and perpetuation of the unique natural values. After appropriate study,
breaching of dikes may be permitted.”
•
“(2) Lower Slope-Dispersed Residential Subarea: to maintain the scenic, soil
and watershed, and fish and wildlife values, while allowing dispersed
residential occupancy, selective recreation use, and agricultural use.”
•
“(3) Upper Timber Slope and Headlands Subareas: to protect the scenic, soil
and watershed, and fish and wildlife values while allowing selective
recreation and extensive research-educational activities. Timber harvesting
activity may occur ... only when ... such harvesting is to be conducted in
connection with research activities or that the preservation of the timber
resource is imminently threatened by fire, old age, infestation, or similar
natural occurrences.”
•
“(4) Coastline and Sand Dune-Spit Subareas: to protect and maintain the
scenic and wildlife values while allowing selective recreation and extensive
research-educational activities.”
•
§5—(a) generally authorizes acquisition of lands, values, or interests; (b) except
for the estuary subarea and associated wetlands subarea, acquisition requires
landowner consent, unless there is imminent danger of a change in use; (c)
nonfederal landowners must give 30 days notice of substantial change in use or
maintenance.
•
§7—withdraws area from mining and mineral leasing laws, subject to valid
existing rights.
•
§8—creates an advisory committee, pursuant to Federal Advisory Committee
Act.
•
§9—directs cooperation with state and local governments; has no effect on the
state’s “right to exercise civil and criminal jurisdiction ... or of its right to tax
persons, corporations, franchises or other non-Federal property.”
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2. North Cascades Scenic Highway (WA)—P.L. 98-339, Washington State Wilderness Act of
1984, §8; ½ page.
•
(a)—purposes are “scenic beauty and recreation qualities.”
•
(b)—designates 87,757-acres area. “Management activities, including resource
use and development, within the area may be permitted ... if the existing scenic
values ... are maintained.”
3. Mono Basin National Forest Scenic Area (CA)—P.L. 98-425, California Wilderness Act of
1984, Title III; 6 pages.
•
§301—designates area.
•
§303—authorizes land acquisition; authorizes acquisition without consent if a
significant change in private development is proposed.
•
§304(a)(1)—directs management “as a separate unit ... in accordance with the
laws, rules, and regulations applicable to the National Forest System.”
•
§304(b)(1)—directs management “consistent with the protection of the water
rights, ... to protect its geologic, ecologic, and cultural resources ... [and] provide
for recreational use,... [compatible] recreational and interpretive facilities ... [and]
full use ... for scientific study and research.”
•
§304(b)(2)—prohibits “commercial timber harvesting ... but ... shall permit the
utilization of wood material such as firewood, posts, poles, and Christmas trees
by individuals for their domestic purposes ... [and] may take action including the
use of commercial timber harvest to the minimum extent necessary to control
fires, insects and diseases that might (A) endanger irreplaceable features or (B)
cause substantial damage to significant resources adjacent to the Scenic Area.”
•
§304(c)—allows valid grazing permits to continue.
•
§304(d)—authorizes cooperative agreements with state and local governments to
protect their resources.
•
§304(e)—requires “a detailed and comprehensive management plan” within three
years, protecting water rights and including “(1) an inventory of natural
(including geologic) and cultural resources; (2) general development plans for
public use facilities, including cost estimates; and (3) measures for the
preservation of the natural and cultural resources.” Allows hunting and fishing
(including commercial brine shrimp operations) except as “necessary for ...
public health and safety, the protection of resources, scientific research activities,
or public use and enjoyment.”
•
§304(f)—authorizes construction of a visitor center.
•
§304(g)(1)—withdraws area from mining, mineral leasing, public land laws,
subject to valid existing rights.
•
§304(g)(2)—provides, subject to valid existing rights, “all mining claims ... shall
be subject to such reasonable regulations.” Patents are limited to title to the
minerals and surface occupancy.
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§304(h)—“Nothing in this title shall be construed to reserve any water ... or to
affirm, deny, or otherwise affect the present (or prospective) water rights ... nor ...
to cause, authorize, or allow any interference or infringement of such water
rights.”
•
§304(i)—repeals 1936 law on sale of land, granting of rights-of-way. Authorizes
grants and rights-of-way easements at no cost.
•
§304(j)—allows “existing community recreational uses” to continue.
•
§305—requires a National Academy of Sciences study of the area’s ecology.
•
§306—creates an advisory board; defines membership.
•
§307—requires “nonexclusive access ... by Indian people for such traditional
cultural and religious purposes.”
•
§308—authorizes appropriations.
4. Columbia River Gorge National Scenic Area (OR-WA)—P.L. 99-663, Columbia River Gorge
National Scenic Area Act; 28½ pages.
•
§2—provides definitions.
•
§3—establishes purposes: “(1) to ... protect and provide for the enhancement of
the scenic, cultural, recreational, and natural resources; and (2) to protect and
support the economy of the ... area by encouraging growth to occur in existing
urban areas and by allowing future economic development in a manner that is
consistent with paragraph (1).”
•
§4—designates (a) national scenic area; (b) special management areas (SMAs)
within area; (c) boundaries; (d) a special purchase unit; and (e) urban areas.
•
§5—establishes a Commission to facilitate cooperation; defines membership.
•
§6—requires a management plan from the Commission, via several steps:
•
(a)—complete, within one year, studies of (1) resource inventory, including
“all existing land uses, natural features and limitations, scenic, natural,
cultural, archaeological and recreation and economic resources and
activities”; (2) economic opportunities; (3) recreation resources and
opportunities;
•
(b)—complete, within two years, land use designations for nonfederal lands;
•
(c)—complete, within three years, a management plan.
•
(d)—the plan must include standards to:
•
“(1) protect and enhance agricultural lands ... and to allow ... conversion
... to open space, recreational development, or forest lands”;
•
“(2) protect and enhance forest lands ... and to allow ... conversion ... to
agricultural lands, recreation development or open spaces”;
•
“(3) protect and enhance open spaces”;
•
“(4) protect and enhance public and private recreation resources and
educational and interpretive facilities and opportunities”;
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•
“(5) prohibit major development actions in special management areas”;
•
“(6) prohibit industrial development in the scenic area outside urban
areas”;
•
“(7) require that commercial development outside urban areas take place
without adversely affecting the scenic, cultural recreation, or natural
resources”;
•
“(8) require that residential development outside urban areas take place
without adversely affecting the scenic, cultural recreation, or natural
resources; and”
•
“(9) require that the exploration, development and production of mineral
resources, and the reclamation of the land thereafter, take place without
adversely affecting the scenic, cultural recreation, or natural resources.”
•
(e)—requires consultation with federal, state, local governments and with
tribes; requires public hearings and comments.
•
(f)—requires Secretarial approval of Commission’s management.
•
(g) & (h)—requires plan revision at least every 10 years, and amendments
when conditions have significantly changed.
•
§7—directs management of nonfederal lands within the scenic area by the
Commission via county-specific land use ordinances.
•
§8(a)—directs SMA management “in accordance with ... the laws, rules and
regulations applicable to the national forest system.” Requires “the construction
of roads and the management, utilization and harvest of timber on Federal lands
... shall also be subject to Forest Service visual resource management
guidelines.”
•
§8(b)—withdraws SMAs from public land, mining, and mineral leasing laws,
subject to valid existing rights. Allows “the exploration, development, or
production of sand, gravel, and crushed rock.”
•
§8(c)—requires a resource inventory.
•
§8(d)—requires a recreation assessment, within two years, to:
•
“(1) identify areas ... for ... an interpretive center [in Oregon] and a
conference center” in Washington;
•
“(2) identify areas ... suitable for other public use facilities, including but not
limited to educational and interpretive facilities, campsites, picnic areas, boat
launch facilities, and river access areas; and”
•
(3) given treaty rights, “identify areas ... suitable for use to increase access
for recreation.”
•
§8(e)—requires, in consultation with the commission, land use ordinances for
nonfederal lands within the SMAs within three years.
•
§8(f)—specifies guidelines for land use ordinances. “The guidelines shall require
that management, utilization, and disposal of timber, and exploration,
development, and production of sand, gravel, and crushed rock for the
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construction, maintenance, or reconstruction of roads used to manage or harvest
forest products on nonfederal lands within the SMAs take place without
adversely affecting the scenic, cultural, recreation, and natural resources of the
scenic area.”
•
§8(h)-(n)—specifies process and timing for adopting SMA land use ordinances,
with review by the Commission and concurrence of the Secretary.
•
§8(o)—directs that the ordinances shall not apply if a landowner’s offer to sell at
fair market value is still pending after three years.
•
§9(a)—authorizes land acquisition.
•
§9(b)—establishes limitations on use of eminent domain.
•
§9(c)—provides for hardship cases.
•
§9(d)—provides land exchange guidance and a list of available federal lands (3
pages).
•
§10—provides interim management guidelines, pending land use ordinances.
•
§11—requires Oregon and Washington to each have an economic development
plan; provides $5 million for each state in grants and loans for economic
development, with conditions; requires an annual report on use of the funds.
•
§12—directs management of the Old Columbia River Highway, to “preserve and
restore the continuity and historic integrity.”
•
§13(a) & (b)—directs water resource projects on Columbia River streams and
tributaries be treated as on wild and scenic rivers, except along or through Indian
reservations.
•
§13(c) & (d)—designates two wild and scenic rivers; requires two wild and
scenic river studies.
•
§14(a)—provides nonreimbursable technical assistance to counties to develop
land use ordinances.
•
§14(b) & (c)—directs special USFS payments to states for lands in the scenic
area.
•
§14(e)—generally (with listed exceptions) prohibits federal expenditures and
new or renewed licenses, permits, and exemptions if the Commission is not
established within 15 months or is subsequently disestablished.
•
§15—directs (a) administrative, and (b) judicial enforcement efforts.
•
§16—authorizes appropriations.
•
§17(a)—includes savings provisions, specifying no effect on (1) Indian treaties or
rights; (2) “appropriation or use of water”; (3) water and groundwater rights or
jurisdictions, or use of water for transportation; (4) “any water or water-related
right”; (5) any existing interstate compact; (6) “the ability of the Bonneville
Power Administration to operate, maintain, and modify existing transmission
facilities”; (7) land held in trust for tribes or individuals; (8) “the laws, rules and
regulations pertaining to hunting and fishing”; (9) any NFMA plan; (10) prohibits
“protective perimeters or buffer zones.... The fact that activities or uses
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inconsistent ... can be seen or heard ... shall not, of itself, preclude such activities
or uses up to the boundaries.”
•
§17(b)—has no effect on Corps of Engineers responsibilities to improve
navigation facilities at Bonneville Dam, except for disposal of excavation
material.
•
§17(c)—has no effect on nonfederal timber rights and responsibilities, except in
SMAs.
•
§17(d)—directs that “Mandatory language ... respecting the powers and
responsibilities of the Commission shall be interpreted as conditions precedent to
congressional consent to the interstate compact.”
•
§17(e)—establishes no federal obligation if states fail to comply with provisions.
•
§17(f)—defines numerous actions (identified by section) as not major federal
actions, and thus not requiring an environmental impact statement or
environmental assessment.
•
§18—includes severability.
5. Indian Nations National Scenic and Wildlife Area (OK)—P.L. 100-499, Winding Stair
Mountain National Recreation Area and Wilderness Act, §10; ½ page.
•
(a)—designates area “to protect and enhance certain scenery and wildlife.”
•
(c)—directs management “in accordance with the laws, rules and regulations
applicable to the national forests.... Management practices ... that would detract
from the scenic quality and natural beauty of the ... viewsheds shall be
prohibited. Timber management practices ... shall promote a mixed hardwood
and conifer forest with species and age class diversity approximating natural
succession and with significant mast production and den trees for wildlife.
Unevenaged management shall be the timber management practice, except ... to
promote public safety, mitigate the effects of fire, insects, and disease, or if such
practices result in irregular cuts behind geographic barriers blocking the view
from” certain roads.
6. Beech Creek National Scenic Area (OK)—P.L. 100-499, Winding Stair Mountain National
Recreation Area and Wilderness Act, §11; ½ page.
•
(a)—designates area “to protect and enhance certain scenery and wildlife.”
•
(c)—directs management “in accordance with the laws, rules, and regulations
applicable to the national forests.... Timber management practices ... shall
promote a mixed hardwood and conifer forest with species and age class
diversity approximating natural succession and with significant mast production
and den trees for wildlife. Unevenaged management shall be the timber
management practice, except ... to promote public safety or to mitigate the effects
of fire, insects, and disease.”
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7. Coosa Bald National Scenic Area (GA)—P.L. 102-217, Chattahoochee National Forest
Protection Act of 1991, §3; 1 page.
•
(a)—designates 7,100-acre area for “protecting and enhancing the natural beauty,
special ecological features, watershed integrity, mature-forest habitat, scenic
recreation opportunities, and other distinctive values.”
•
(b)(1)—directs management, subject to valid existing rights, “in accordance with
the laws, rules, and regulations applicable to the National Forest System.”
•
(b)(2)—permits “additional road construction ... in furtherance of the purposes.”
Prohibits timber harvesting except “in furtherance of the purposes, but only in a
manner which does not impair the purposes.... Salvage or sanitation harvesting of
timber stands which are substantially damaged by fire, windthrow or other
catastrophe, or are in imminent danger from insect or disease attack, is authorized
to maintain forest health. Timber harvesting is authorized to provide for visitor
safety.”
•
(b)(3)—authorizes retention of “patterns of public access or closure on existing ...
roads ... [and] may open or close such existing roads for public use for reasons of
sound resource management.”
•
(b)(4)—requires completion of existing timber sales under contract.
•
(b)(5)—withdraws area from mineral leasing laws.
•
(b)(6)—permits “the continued maintenance of existing wildlife openings ... and
may permit new wildlife openings in furtherance of the purposes” in cooperation
with the state and other cooperators.
•
(b)(7)—directs management to “protect, enhance, and promote the public’s
opportunities for primitive and semiprimitive experiences.”
8. Mount Pleasant National Scenic Area (VA)—P.L. 103-314, George Washington National
Forest Mount Pleasant National Scenic Area Act; 2+ pages.
•
§2—establishes purposes to:
•
“(1) ensure appropriate protection and preservation of the scenic quality,
water quality, natural characteristics, and water resources”;
•
“(2) protect and manage vegetation to provide wildlife and fish habitat”;
•
“(3) provide areas that may develop characteristics of old-growth forests;
and”
•
“(4) provide a variety of recreation opportunities.”
•
§3(a)—designates 7,580-acre area.
•
§3(b)(1)—directs management “in accordance ... with the laws and regulations
generally applicable to the National Forest System.”
•
§3(b)(2)—requires a management plan as an amendment to the NFMA plan for
the George Washington National Forest within three years.
•
§3(c)—prohibits “new permanent roads” except for access to private lands or
interests.
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•
§3(d)—prohibits “timber harvest ... except as may be necessary in the control of
fire, insects, and diseases and to provide for public safety and trail access.... May
engage in vegetation manipulation practices for maintenance of existing wildlife
clearings and visual quality. Firewood may be harvested for personal use along
perimeter roads.”
•
§3(e)—allows motorized travel only on two authorized routes and “as necessary
for administrative use ... and on temporary routes in support of wildlife
management projects.”
•
§3(f)—directs that “wildfires shall be suppressed in a manner consistent with the
purposes.”
•
§3(g)—allows control of “insect and disease outbreaks ... to maintain scenic
quality, prevent tree mortality, reduce hazards to visitors, or protect private
lands.”
•
§3(h)—directs management to “maintain or enhance existing water quality.”
•
§3(i)—withdraws area from mining and mineral leasing laws, subject to valid
existing rights.
9. Saint Helena Island National Scenic Area (MI)—P.L. 106-431, Saint Helena Island National
Scenic Area Act; 3 pages.
•
§2(a)—establishes purposes:
•
“(1) to preserve and protect for present and future generations the
outstanding resources and values; and”
•
“(2) to provide for the conservation, protection, and enhancement of
primitive recreation opportunities, fish and wildlife habitat, vegetation, and
historical and cultural resources of the island.”
•
§2(b)—designates area.
•
§3—establishes boundaries.
•
§4(a)—directs management, subject to valid existing rights, “in accordance with
the laws, rules, and regulations applicable to the National Forest System.”
•
§4(b)—requires, within three years of acquisition of ½ of authorized land, an
amendment to the NFMA plan for the Hiawatha National Forest for area,
including:
•
(1) “Alternative means for providing public access from the mainland.”
•
(2) “no new permanent roads.”
•
(3) “No timber harvest ..., except as may be necessary in the control of fire,
insects, and diseases, and to provide for public safety and trail access.... May
engage in vegetation manipulation practices for maintenance of wildlife
habitat and visual quality. Trees cut for these purposes may be utilized,
salvaged, or removed.”
•
(4) “Motorized travel shall not be permitted ..., except on the waters of Lake
Michigan, and as necessary for Administration use.”
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•
(5) “Wildfires shall be suppressed in a manner consistent with the purposes
of this Act, using such means as the Secretary deems appropriate.”
•
(6) “Insect and disease outbreaks may be controlled ... to maintain scenic
quality, prevent tree mortality, or to reduce hazards to visitors.”
•
(7) “provide through concession, permit, or other means docking facilities.”
•
(8) “take reasonable actions to provide for public health and safety and for
the protection of the scenic area in the event of fire or infestation of insects or
disease.”
•
§4(c)—requires consultation with state and local governments; requires “full
public participation, and consider the views of all.”
•
§5—has no effect on state jurisdiction or responsibilities for fish and wildlife.
•
§6—withdraws area from mineral leasing laws and mineral development, except
for common varieties of mineral materials, and subject to valid existing rights.
•
§7—authorizes land acquisition.
•
§8—authorizes appropriations.
10 & 11. Seng Mountain National Scenic Area and Bear Creek National Scenic Area (VA)—
P.L. 111-11, Omnibus Public Land Management Act of 2009, Title I, Subtitle B—Virginia Ridge
and Valley Wilderness, §1104; 2 pages.
•
(a)(1)—designates 5,192-acre area as Seng Mountain National Scenic Area.
•
(a)(2)—designates 5,128-acre area as Bear Creek National Scenic Area.
•
(b)—establishes purposes:
•
“(1) to ensure the protection and preservation of scenic quality, water quality,
natural characteristics, and water resources”;
•
“(2) to protect wildlife and fish habitat”;
•
“(3) to protect areas ... that may develop characteristics of old-growth forests;
and”
•
“(4) to provide a variety of recreation opportunities.”
•
(c)(1)(B)—directs management in accordance with “the laws (including
regulations) generally applicable to the National Forest System.”
•
(c)(2)—limits uses to those that “will further the purposes.”
•
(d)(1)—requires a management plan for the areas, as an amendment to the
NFMA plan for the Jefferson National Forest, within two years.
•
(e)—prohibits new roads, but “nothing ... denies any owner of private land (or an
interest in private land) ... the right to access the private land.”
•
(f)—prohibits timber harvesting, except to “(A) control fire; (B) provide for
public safety or trail access; or (C) control insect and disease outbreaks.” Allows
firewood collection for personal use along perimeter roads.
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•
(g)—authorizes insect and disease control “(1) to maintain scenic quality; (2) to
prevent tree mortality; (3) to reduce hazards to visitors; or (4) to protect private
land.”
•
(h)—allows “vegetation manipulation practices ... to maintain the visual quality
and wildlife clearings.”
•
(i)—prohibits motorized vehicles, except “(A) to carry out administrative
activities; (B) to assist [existing] wildlife management projects; and (C) during
deer and bear hunting seasons” on specified roads.
•
(k)—directs management that “maintains and enhances water quality.”
•
(l)—withdraws areas from mining and mineral leasing laws, subject to valid
existing rights.
Wildlife Preserves
Congress has designated six wildlife preserves within the National Forest System.34 These
designations contrast with the other designations. First, they are much older, all having been
designated prior to 1934; the oldest of all the other congressionally designated areas is Spruce
Knob-Seneca Rocks NRA, designated in 1965. Also, the general management guidance for these
areas is much less specific than for other congressionally designated areas, focusing exclusively
on wildlife management activities. Finally, the preserves are more difficult to identify on the
ground; none have reference maps showing the areas, and none identify the acreage
encompassed. According to USFS data, the congressionally designated preserves range from less
than 10,000 acres (for several units of the Ouachita and Ozark Preserves) to 612,736 acres for the
Grand Canyon Preserve.35
1. Grand Canyon Preserve (AZ)—Act of June 29, 1906, ch. 3593; ½ page in Stats.
•
§1—authorizes designation of an area to be “set aside for the protection of game
animals and be recognized as a breeding place therefor.”
•
§2—prohibits “hunting, trapping, killing, or capturing of game animals, except
under such regulations as may be prescribed from time to time by the Secretary.”
•
§3—establishes purposes: “to protect from trespass the public lands ... and the
game animals which may be thereon, and not to interfere with the operation of
the local game laws.”
2. Norbeck Wildlife Preserve (SD)—Act of June 5, 1920, ch. 247; 1 page in Stats. Originally
named Custer State Park Game Sanctuary.
•
§1—authorizes designation an area not to exceed 30,000 acres “for the protection
of game animals and birds and be recognized as a breeding place therefor.”
34
This excludes six comparable areas established by presidential proclamation under the authority of the Act of August
11, 1916 (16 U.S.C. §683 et seq.): Pisgah National Game Refuge (10/17/1916); Cherokee Game Refuge (8/5/1924);
Big Levels Game Refuge (7/6/0935); Noontootly National Game Refuge (7/6/1938), National Catahoula Wildlife
Management Preserve (9/27/1941), and National Red Dirt Wildlife Management Preserve (9/27/1941).
35
USDA Forest Service, Land Areas Report (LAR)—as of Sept 30, 2009, Washington, Table 17, http://www.fs.fed.us/
land/staff/lar/2009/LAR_Table_17.html.
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•
§2—prohibits “hunting, trapping, killing, or capturing of game animals and birds,
except under such regulations as may be prescribed from time to time by the
Secretary.”
•
§3—establishes purposes: “to protect from trespass the public lands ... and the
game animals and birds which may be thereon, and not to interfere with the
operation of the local game laws.”
•
§4—authorizes state to “erect and maintain a good substantial fence ... inclosing
in whole or in part such areas” with gates for access for federal administration.
“The right of the State to maintain this fence shall continue so long as the area ...
is also given similar protection by the laws of the State of South Dakota.”
•
§5—authorizes a land exchange with the state.
3. Ozark Wildlife Preserve (AR; 5 units)—Act of Feb. 28, 1925, ch. 376; ½ page in Stats.
•
§1—authorizes designation of lands to “be set aside for the protection of game
animals, birds, or fish; and whoever shall hunt, catch, trap, willfully disturb, or
kill any kind of game animal, game or non-game, bird, or fish, or take the eggs ...
except under such general rules and regulations ... shall be fined ... or imprisoned
... or both: Provided, That no lands within the present limits of the fourth
congressional district shall be included.” (emphasis in original)
4. Tahquitz National Game Preserve (CA)—Act of July 3, 1926, ch. 776; 1 page in Stats.
•
§1—creates the area “for the protection of game animals, and as the recognized
breeding place therefor.”
•
§2—directs that “nothing ... shall prevent ... permitting other uses of said lands
under and in conformity with the laws and rules and regulations applicable
thereto so far as any such use may be consistent with the purposes.”
•
§3—prohibits “hunting, pursuing, poisoning, killing, or capturing by trapping,
netting, or any other means, or attempting to hunt, pursue, kill, or capture any
wild animals or birds for any purpose ... except as hereinafter provided.”
•
§4—authorizes “needful rules and regulations for the administration ... ,
including regulations for hunting, capturing, or killing predatory animals, such as
wolves, coyotes, cougar, or other species destructive to livestock or wild life.”
•
§5—authorizes land exchanges and land donations.
5. Ocala National Game Refuge (FL)—Act of June 28, 1930, ch. 709; ½ page in Stats.
•
§1—authorizes designation of lands to be “set aside for the protection of game
animals and birds, but it is not intended that the lands ... shall cease to be parts of
the national forest ... and shall not prevent ... permitting other uses under and in
conformity with the laws and regulation applicable thereto so far as such uses
may be consistent with the purposes.”
•
§2—prohibits “hunting, pursuing, poisoning, killing, or capturing by trapping,
netting, or any other means, or attempting to hunt, pursue, kill, or capture any
game animals or birds ... except as herein provided.”
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6. Ouachita Wildlife Preserve (AR; 4 units)—Act of June 13, 1933, ch. 63;½ page in Stats.
•
§1—authorizes presidential proclamation of lands for “providing breeding places
and for the protection and administration of game animals, birds, and fish.”
•
§2—authorizes general rules and regulations.
Protection Areas
Congress has designated 37 areas within the National Forest System for some form of special
protection. Each has distinct purposes and management direction enacted in th
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