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16 U.S.C. § 460aaa–2Administration

submitted 36 years ago by Pub. L. 101-292 to r/title-16-CONSERVATION · 887 words · no verdicts yet

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The Secretary of Agriculture manages the Grand Island National Recreation Area under normal National Forest System rules, plus special requirements: guaranteeing landowner access, keeping public recreational access, allowing regulated snowmobiling, limiting timber cutting to specific purposes, providing boat transportation and lodging once enough land is bought, handling fire and pest emergencies, and issuing long-term occupancy permits to families who owned homes there before the government bought the land.

(a) Subject to existing legal rights, the Secretary of Agriculture manages the recreation area under the same laws, rules, and regulations that apply to the National Forest System generally, in support of why the area was created. (b) The recreation area also follows these special rules: (1) Owners of privately owned land and homes inside the recreation area must be allowed to cross National Forest System land to reach their property, under terms the Secretary sets to protect threatened and endangered species and other natural, cultural, and scenic values. (2) The Secretary must keep up traditional public access — including roads for camping, hiking, hunting, fishing, and trapping — consistent with the recreation area's management plan. (3) The Secretary must allow snowmobiles on federal land in the recreation area, under normal Forest Service rules and the management plan, regulated to minimize harm to the area's resources. (4) Timber can only be cut to improve public recreation, scenic quality, and wildlife (game and non-game), and to protect threatened, endangered, or sensitive species. Trees damaged by fire, insects, disease, or wind can be used, salvaged, or removed if the Secretary allows it, to further the area's purposes. (5) Once the Secretary has bought at least 10,000 acres on Grand Island, the Secretary must provide reasonable boat transportation from the mainland to the island — by concession, permit, or other means, with a reasonable fee allowed. This service is regulated by the Secretary and isn't required when the Secretary decides it would be unsafe, such as due to weather or water conditions. (6) The Secretary must provide docking and lodge facilities, by concession, permit, or other means, consistent with the management plan. (7) The Secretary must take reasonable steps to protect public health, safety, and the recreation area itself in case of fire or insect or disease outbreaks. (8) Under a 1915 law, when the government buys a privately owned home in the recreation area, the Secretary must issue the previous owner an occupancy and use permit. Each permit lasts 20 years and renews for more 20-year periods as long as the permit holder follows the recreation area's purposes, the permit's terms, and other applicable rules. These permits follow normal Forest Service rules, except for these special conditions: (A) only the home's owner as of the government's purchase date, that owner's spouse, children, stepchildren, grandchildren, and their direct descendants can hold the permit; (B) only noncommercial recreational use is allowed, not commercial use; (C) the Secretary must charge yearly fees based on the occupancy's fair market value; (D) any expansion, remodeling, or rebuilding needs the Secretary's approval, cannot make the structure taller, and cannot grow its total exterior size by more than 25 percent compared to how it was on May 17, 1990, and must follow related criteria and any other conditions the Secretary sets; (E) the Secretary may buy the home's structure and improvements at fair market value if the owner is willing to sell; (F) the permit can be ended anytime for breaking its terms or applicable rules, at no cost to the federal government; and (G) if the owner doesn't remove any improvements or property within a year after the permit ends, those become federal property. (9) Solely for figuring certain federal payments to local governments under section 6904 of title 31, any land on Grand Island the United States buys after January 1, 1990 is treated as if it were bought to add to a National Forest Wilderness Area.
the actual law source: uscode.house.gov ↗public domain
(a) Administration

Subject to valid existing rights, the Secretary of Agriculture (hereafter in this subchapter referred to as the “Secretary”) shall administer the national recreation area in accordance with the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes for which the national recreation area was established.

(b) Special management requirements

The national recreation area also shall be administered according to the following special management requirements:

(1)

Subject to such terms and conditions as may be prescribed by the Secretary, including the protection of threatened and endangered species and the protection of other natural, cultural, and scenic values, owners of privately owned land and homes within the national recreation area shall be afforded access across National Forest System lands.

(2)

Consistent with section 460aaa–6 of this title, and the purposes of this subchapter, the Secretary shall provide for and maintain traditional public access, including vehicular roads for general recreational activities such as camping, hiking, hunting, fishing, and trapping.

(3)

The Secretary shall permit the use of snowmobiles on Federal lands in the national recreation area in accordance with the rules and regulations of the National Forest System and consistent with the management plan developed pursuant to section 460aaa–6 of this title. Such use shall be regulated to protect the resources of the national recreation area in a way that minimizes the degradation of these resources.

(4)

Timber management shall be utilized 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 from the recreation area as authorized by the Secretary to further the purposes of the national recreation area.

(5)

The Secretary shall, after acquiring fee title to at least 10,000 acres of land on Grand Island, provide reasonable water transportation from the mainland to Grand Island. Transportation may be provided through concession, permit, or other means, and a reasonable charge may be imposed. Transportation shall be subject to reasonable regulation by the Secretary and shall not be required when the Secretary deems it to be unsafe because of factors such as weather and water conditions.

(6)

The Secretary shall provide through concession, permit, or other means docking and lodge facilities consistent with the management plan developed pursuant to section 460aaa–6 of this title.

(7)

The Secretary shall take reasonable actions to provide for public health and safety and for the protection of the national recreation area in the event of fire or infestation of insects or disease.

(8)

Under the authority of the Act of March 4, 1915, as amended (16 U.S.C. 497), the Secretary shall, as a condition of acquisition, issue occupancy and use permits for any privately owned home as of the date of Federal acquisition of the land within the national recreation area on which the home is located. Any such permit shall be issued for an initial period of 20 years and shall be renewed thereafter for successive 20-year periods so long as the permittee is in compliance with the purposes of this subchapter, the terms of the permit, and other applicable rules and regulations. Any such permit shall be issued in accordance with the laws, rules, and regulations of the Secretary pertaining to the National Forest System, except that such permit shall be subject to the following special provisions:

(A)

Such permit may only be issued to the owner of such home as of the date of Federal acquisition of the property, such owner’s spouse, the children, stepchildren, and grandchildren of such owner and spouse, and their direct lineal descendants (natural or adopted offspring).

(B)

Only noncommercial recreation occupancy may be permitted.

(C)

The Secretary shall collect fees on an annual basis based on the fair market value of the occupancy permitted.

(D)

The expansion, remodeling, or reconstruction of such homes shall be subject to approval of and regulation by the Secretary. No expansion, remodeling, or reconstruction may increase the height of structure or result in an increase of more than 25 percent of the sum of the exterior dimensions of a structure as it existed on May 17, 1990. Any expansion, remodeling, or reconstruction shall be consistent with the criteria developed pursuant to section 460aaa–6(b)(4) of this title and shall be subject to such other terms and conditions as the Secretary may prescribe.

(E)

Any such home may be purchased at the fair market value of the structure and improvements by the Secretary on a willing seller basis.

(F)

The permit may be terminated at any time for failure to comply with its terms and conditions and applicable regulations without cost to the Federal Government in accordance with the permit.

(G)

After termination of any such permit, if any improvements or property are not removed by their owner within one year of the termination, they shall become the property of the Federal Government.

(9)

Solely for purposes of payments pursuant to section 6904 of title 31, lands on Grand Island acquired by the United States after January 1, 1990 shall be considered to have been acquired for addition to a National Forest Wilderness Area (national forest portion of the National Wilderness Preservation System).

Source credit: (Pub. L. 101–292, § 3, May 17, 1990, 104 Stat. 185.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-292 · 104 Stat. 185

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-292 on 1990-05-17.

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