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16 U.S.C. § 460bbb–10Savings provision

submitted 36 years ago by Pub. L. 101-612 to r/title-16-CONSERVATION · 353 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law doesn't restrict land use outside the recreation area's boundary, even if outside activities can be seen or heard from inside it. It preserves valid prior contracts, existing federal rights, and California's road-easement duties, and provides declining make-up payments to local governments for twelve years.

(a) Activities on lands outside of recreation area: Nothing in this subchapter limits, restricts, or requires specific management practices on land outside the recreation area's boundary. The fact that outside activities or uses can be seen, heard, or otherwise perceived from within the recreation area doesn't, by itself, limit, restrict, or preclude those outside activities or uses, right up to the recreation area's boundary. (b) Prior rights: (1) Nothing in this subchapter limits, restricts, or precludes carrying out valid timber sale contracts or other contracts or agreements the Secretary signed before November 16, 1990. (2) Except as this subchapter specifically provides, nothing in it is to be construed as reducing or giving up any right, title, or interest the United States already holds in land, water, or interests within the recreation area's boundaries. (c) Road easements: Nothing in this subchapter affects California's or its political subdivisions' responsibilities regarding road easements, including maintaining and improving State Highway 199 and County Route 427. (d) Rights of access: Existing rights provided under federal law for private landowners to access their land across National Forest System land are not affected by this subchapter. (e) Entitlement moneys: For the first two full fiscal years after November 16, 1990, the Secretary must annually pay local governments within the recreation area an amount equal to the difference between what they'd receive under the Act of May 23, 1908 and the average amount paid for that purpose under that Act during the five fiscal years before November 16, 1990. This payment is reduced by 10 percent each following fiscal year, until it reaches zero by the end of the twelfth fiscal year after November 16, 1990. This payment program expires 11 years after the first payment is made under it.
the actual law source: uscode.house.gov ↗public domain
(a) Activities on lands outside of recreation area

Nothing in this subchapter shall limit, restrict, or require specific management practices on lands outside the recreation area boundary. The fact that activities or uses outside the recreation area can be seen, heard, or otherwise perceived within the recreation area shall not, of itself, limit, restrict, or preclude such activities or uses up to the boundary of the recreation area.

(b) Prior rights
(1)

Nothing in this subchapter shall limit, restrict, or preclude the implementation of valid timber sale contracts or other contracts or agreements executed by the Secretary before November 16, 1990.

(2)

Except as specifically provided herein nothing in this subchapter shall be construed as diminishing or relinquishing any right, title, or interest of the United States in any lands, waters, or interests therein within the boundaries of the recreation area designated by this subchapter.

(c) Road easements

Nothing in this subchapter shall be construed as affecting the responsibilities of the State of California or any of its political subdivisions with respect to road easements, including maintenance and improvement of State Highway 199 and County Route 427.

(d) Rights of access

Existing rights provided by Federal law for access by private landowners across National Forest System lands shall not be affected by this subchapter.

(e) Entitlement moneys

Annually for the first two full fiscal years after November 16, 1990, the Secretary shall pay for use by units of local government within the recreation area an amount equal to the difference between the amounts payable for such purposes pursuant to the Act of May 23, 1908 (chapter 193; 35 Stat. 251; 16 U.S.C. 500) and the average amount paid for such purpose under such Act during the five fiscal years preceding November 16, 1990. The amount payable under this subsection shall be reduced by 10 percent annually thereafter for each succeeding fiscal year until the amount payable shall be reduced 100 percent by the end of the twelfth fiscal year after November 16, 1990. This subsection shall expire 11 years after the first payment pursuant to this subsection.

Source credit: (Pub. L. 101–612, § 13, Nov. 16, 1990, 104 Stat. 3222.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-612 · 104 Stat. 3222

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-612 on 1990-11-16.

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