16 U.S.C. § 460bbb–8 — Streamside protection zones

submitted 36 years ago by Pub. L. 101-612 to r/title-16-CONSERVATION · 1,017 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets no-logging buffer zones along named streams in the Smith River recreation area. Twenty smaller streams get a 300-foot buffer (or wider, based on landslide risk), and twenty-three larger ones get a quarter-mile buffer. Lower Hurdygurdy Creek's lower section gets an eighth-mile buffer, and these limits add to — not replace — any other timber-harvest restrictions.

(a) Three hundred foot zones: For 20 listed streams and stream segments, this subsection establishes a streamside protection zone in which timber harvesting is prohibited, except as section 460bbb–3(a)(7) permits. The zone extends 300 feet from each bank, or 100 feet from the inner gorge, or out to the limit of any high or extreme landslide hazard area on those streams — whichever is greatest. The covered streams and segments are: (1) Rowdy Creek (California-Oregon border to NRA boundary); (2) Shelly Creek (headwaters to Patrick Creek); (3) East Fork Patrick Creek (headwaters to Patrick Creek); (4) West Fork Patrick Creek (headwaters to Patrick Creek); (5) Little Jones Creek (headwaters to South Fork Smith River); (6) Patrick Creek (confluence of East and West forks to Middle Fork Smith River); (7) Monkey Creek (headwaters to Middle Fork Smith River); (8) Hardscrabble Creek (headwaters to Middle Fork Smith River); (9) Quartz Creek (headwaters to South Fork Smith River); (10) Jones Creek (headwaters to South Fork Smith River); (11) Upper Hurdygurdy Creek (headwaters to Dry Lake); (12) Gordon Creek (headwaters to South Fork Smith River); (13) Coon Creek (headwaters to South Fork Smith River); (14) Craigs Creek (headwaters to South Fork Smith River); (15) Goose Creek (headwaters to South Fork Smith River); (16) East Fork of Goose Creek (headwaters to Goose Creek); (17) Muzzleloader Creek (headwaters to Jones Creek); (18) Canthook Creek (headwaters to South Fork Smith River); (19) Rock Creek (NRA boundary to South Fork Smith River); (20) Blackhawk Creek (headwaters to South Fork Smith River). (b) One-quarter mile zones: For 23 listed rivers and river segments, the same no-logging rule applies (with the same section 460bbb–3(a)(7) exception), but the zone is wider: on average one-quarter mile on either side, or 100 feet from the inner gorge, or out to the limit of high or extreme landslide hazard — whichever is greatest. The covered streams and segments are: (1) Main stem Smith (South Fork to NRA boundary); (2) Middle Fork Smith (headwaters to its confluence point); (3) Myrtle Creek (headwaters to Middle Fork Smith River); (4) Kelly Creek (headwaters to Middle Fork Smith River); (5) Packsaddle Creek (headwaters to Middle Fork Smith River); (6) Griffin Creek (headwaters to Middle Fork Smith River); (7) Knopti Creek (headwaters to Middle Fork Smith River); (8) North Fork Smith River (California/Oregon border to Middle Fork confluence); (9) Diamond Creek (California/Oregon border to North Fork confluence); (10) Bear Creek (headwaters to Diamond Creek); (11) Still Creek (headwaters to North Fork Smith River); (12) North Fork of Diamond Creek (California/Oregon border to Diamond Creek); (13) High Plateau Creek (headwaters to Diamond Creek); (14) Stony Creek (headwaters to North Fork Smith River); (15) Peridotite Creek (headwaters to North Fork Smith River); (16) Siskiyou Fork, Smith River (headwaters to Middle Fork Smith River); (17) South Siskiyou Fork of the Smith River (headwaters to Siskiyou Fork confluence); (18) South Fork Smith River (headwaters to Middle Fork confluence); (19) Williams Creek (headwaters to South Fork Smith River); (20) Eight Mile Creek (headwaters to South Fork Smith River); (21) Harrington Creek (headwaters to South Fork Smith River); (22) Prescott Fork of the Smith River (headwaters to South Fork Smith River); (23) Buck Creek (headwaters to South Fork Smith River). (c) Lower Hurdygurdy Creek: For the lower stretch of Hurdygurdy Creek (from Dry Lake to its confluence with the South Fork Smith River), timber harvesting is prohibited — again with the section 460bbb–3(a)(7) exception — in a zone extending one-eighth mile on either side. (d) Other restrictions on timber harvesting: These streamside protection zones apply in addition to, not instead of, any other restrictions on timber harvesting or other activities that already apply to these zones under any other applicable provision of this subchapter.

the actual law source: uscode.house.gov ↗public domain

(a) Three hundred foot zones

For each of the rivers and river segments specified in this subsection, there is hereby established a streamside protection zone in which timber harvesting shall be prohibited except as permitted by section 460bbb–3(a)(7) of this title. Such zone shall extend 300 feet from each bank of the rivers and river segments, or 100 feet from the inner gorge of said rivers and river segments, or within the limit of high and extreme landslide hazards on said rivers and river segments, whichever is greater. The provisions of this subsection shall apply to the following rivers and river segments:

(1)

Rowdy Creek (from California-Oregon border to NRA boundary).

(2)

Shelly Creek (from its headwaters to Patrick Creek).

(3)

East Fork Patrick Creek (from its headwaters to Patrick Creek).

(4)

West Fork Patrick Creek (from its headwaters to Patrick Creek).

(5)

Little Jones Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(6)

Patrick Creek (from the confluence of the East and West forks of Patrick Creek to the Middle Fork of the Smith River).

(7)

Monkey Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).

(8)

Hardscrabble Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).

(9)

Quartz Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(10)

Jones Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(11)

Upper Hurdygurdy Creek (from its headwaters to Dry Lake).

(12)

Gordon Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(13)

Coon Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(14)

Craigs Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(15)

Goose Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(16)

East Fork of Goose Creek (from its headwaters to its confluence with Goose Creek).

(17)

Muzzleloader Creek (from its headwaters to its confluence with Jones Creek).

(18)

Canthook Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(19)

Rock Creek (from the NRA boundary to its confluence with the South Fork of the Smith River).

(20)

Blackhawk Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(b) One-quarter mile zones

For each of the rivers and river segments specified in this subsection there is established a streamside protection zone in which timber harvesting shall be prohibited except as permitted in section 460bbb–3(a)(7) of this title. Such zone shall extend on the average of one-quarter mile on either side of said rivers and river segments, or 100 feet from the inner gorge of said rivers and river segments, or within the limit of high and extreme landslide hazards on said rivers and river segments, whichever is greater. The provisions of this subsection shall apply to the following rivers and river segments:

(1)

Main stem Smith (from the South Fork to the NRA boundary).

(2)

Middle Fork Smith (from its headwaters to its confluence with the Middle Fork of the Smith River).

(3)

Myrtle Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).

(4)

Kelly Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).

(5)

Packsaddle Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).

(6)

Griffin Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).

(7)

Knopti Creek (from its headwaters to its confluence with the Middle Fork of the Smith River).

(8)

North Fork of the Smith River (from the California/Oregon border to its confluence with the Middle Fork of the Smith River).

(9)

Diamond Creek (from the California/Oregon border to its confluence with the North Fork of the Smith River).

(10)

Bear Creek (from its headwaters to its confluence with Diamond Creek).

(11)

Still Creek (from its headwaters to its confluence with the North Fork of the Smith River).

(12)

North Fork of Diamond Creek (from the California/Oregon border to its confluence with Diamond Creek).

(13)

High Plateau Creek (from its headwaters to its confluence with Diamond Creek).

(14)

Stony Creek (from its headwaters to its confluence with the North Fork of the Smith River).

(15)

Peridotite Creek (from its headwaters to its confluence with the North Fork of the Smith River).

(16)

Siskiyou Fork, Smith River (from its headwaters to the Middle Fork of the Smith River).

(17)

South Siskiyou Fork of the Smith River (from its headwaters to its confluence with the Siskiyou Fork of the Smith River).

(18)

South Fork 1 Smith River (from its headwaters to its confluence with the Middle Fork of the Smith River).

(19)

Williams Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(20)

Eight Mile Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(21)

Harrington Creek (from its headwaters to its confluence with the South Fork of the Smith River).

(22)

Prescott Fork of the Smith River (from its headwaters to its confluence with the South Fork of the Smith River).

(23)

Buck Creek (from its headwaters to its confluence with the South Fork of the Smith River).

For the Lower Hurdygurdy Creek (from Dry Lake to its confluence with the South Fork of the Smith River) there is established a streamside protection zone in which timber harvesting shall be prohibited except as permitted by section 460bbb–3(a)(7) of this title. Such zone shall extend one-eighth mile on either side of said Lower Hurdygurdy Creek.

(d) Other restrictions on timber harvesting

The provisions of this section shall be in addition to, and not in lieu of, any restrictions on timber harvesting or other activities applicable to the streamside protection zones established by this section under any other applicable provision of this subchapter.

Source credit: (Pub. L. 101–612, § 11, Nov. 16, 1990, 104 Stat. 3219.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-612 · 104 Stat. 3219

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

all 0 arguments · sorted by: best

no arguments yet — make the first case