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16 U.S.C. § 460gg–5Management plan for recreation area

submitted 51 years ago by Pub. L. 94-199 to r/title-16-CONSERVATION · 646 words · no verdicts yet

in plain englishAI-generated · not legal advice

Within five years of December 31, 1975, the Secretary had to send Congress a comprehensive management plan for the Hells Canyon Recreation Area covering land uses and recreation. The plan had to study historic and archaeological resources, scenic roads, and three wilderness study areas, with the President recommending wilderness designations to Congress within five years. Existing activities like timber harvesting, mining, and grazing could continue at current levels while the plan was developed.

(a) Development and submission. Within five years of December 31, 1975, the Secretary had to send the Senate and House Interior and Insular Affairs Committees a comprehensive management plan covering a broad range of land uses and recreation opportunities for the area. (b) Consideration of historic, archeological and paleontological resources. While making the plan, the Secretary had to study the area's historic, archaeological, and fossil resources that offer research value, inventory them, and recommend which ones fit the National Register of Historic Places. The plan had to include recommendations for protecting and studying these resources going forward. (c) Scenic roads and other means of transit. As part of the planning, the Secretary had to study the need for, and possible routes of, scenic roads and other transit into and within the area — including upgrading existing roads, and specifically studying access to scenic views of and from the western rim of Hells Canyon. (d) Wilderness areas; review by Secretary; recommendations of President to Congress. The Secretary had to review three areas — the Lord Flat-Somers Point Plateau, West Side Reservoir Face, and Mountain Sheep wilderness study areas — for whether they're suitable as wilderness, and report findings to the President. Within five years of December 31, 1975, the President had to tell Congress his recommendations on designating any of this land as wilderness. The Secretary had to follow public-notice rules and give at least 60 days' notice before any hearing on this. Until Congress decides, the Secretary had to manage these study areas so as not to rule out future wilderness designation. The President could also recommend wilderness designation for other land in the recreation area that's mostly wilderness in character. (e) Public participation in reviews and preparation of plan. While doing these reviews and making the plan, the Secretary had to allow full public participation and consider the views of interested groups and individuals — including the Nez Perce Tribe and the states of Idaho, Oregon, and Washington. Other federal agencies with relevant expertise had to cooperate with the Secretary and could do studies the Secretary requested, paid back by the Secretary. (f) Continuation of ongoing activities. Activities compatible with this subchapter — including selective timber harvesting, mining, and grazing — could continue while the plan was being made, at the levels and in the areas they existed on December 31, 1975. The Secretary had to fully consider letting these activities continue in their areas when making the final plan.
the actual law source: uscode.house.gov ↗public domain
(a) Development and submission

Within five years from December 31, 1975, the Secretary shall develop and submit to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives a comprehensive management plan for the recreation area which shall provide for a broad range of land uses and recreation opportunities.

(b) Consideration of historic, archeological and paleontological resources; inventory; recommendation of areas for listing in National Register of Historic Places; recommendation for protection and research of resources

In the development of such plan, the Secretary shall consider the historic, archeological, and paleontological resources within the recreation area which offer significant opportunities for anthropological research. The Secretary shall inventory such resources and may recommend such areas as he deems suitable for listing in the National Register of Historic Places. The Secretary’s comprehensive plan shall include recommendations for future protection and controlled research use of all such resources.

(c) Scenic roads and other means of transit

The Secretary shall, as a part of his comprehensive planning process, conduct a detailed study of the need for, and alternative routes of, scenic roads and other means of transit to and within the recreation area. In conducting such study the Secretary shall consider the alternative for upgrading existing roads and shall, in particular, study the need for and alternative routes of roads or other means of transit providing access to scenic views of and from the Western rim of Hells Canyon.

(d) Wilderness areas; review by Secretary; recommendations of President to Congress; notice of hearings and meetings

The Secretary shall review, as to their suitability or nonsuitability for preservation as wilderness, the areas generally depicted on the map referred to in section 460gg of this title as the “Lord Flat-Somers Point Plateau Wilderness Study Area”, and the “West Side Reservoir Face Wilderness Study Area”, and the “Mountain Sheep Wilderness Study Area” and report his findings to the President. The Secretary shall complete his review and the President shall, within five years from December 31, 1975, advise the United States Senate and House of Representatives of his recommendations with respect to the designation of lands within such area as wilderness. In conducting his review the Secretary shall comply with the provisions of section 1132(d) of this title and shall give public notice at least sixty days in advance of any hearings or other public meeting concerning the wilderness study area. The Secretary shall administer all Federal lands within the study areas so as not to preclude their possible future designation by the Congress as wilderness. Nothing contained herein shall limit the President in proposing, as part of this recommendation to Congress, the designation as wilderness of any additional area within the recreation area which is predominately of wilderness value.

(e) Public participation in reviews and preparation of plan; cooperation of other Federal agencies

In conducting the reviews and preparing the comprehensive management plan required by this section, the Secretary shall provide for full public participation and shall consider the views of all interested agencies, organizations, and individuals including but not limited to, the Nez Perce Tribe of Indians, and the States of Idaho, Oregon, and Washington. The Secretaries or Directors of all Federal departments, agencies, and commissions having a relevant expertise are hereby authorized and directed to cooperate with the Secretary in his review and to make such studies as the Secretary may request on a cost reimbursable basis.

(f) Continuation of ongoing activities

Such activities as are compatible with the provisions of this subchapter, but not limited to, timber harvesting by selective cutting, mining, and grazing may continue during development of the comprehensive management plan, at current levels of activity and in areas of such activity on December 31, 1975. Further, in development of the management plan, the Secretary shall give full consideration to continuation of these ongoing activities in their respective areas.

Source credit: (Pub. L. 94–199, § 8, Dec. 31, 1975, 89 Stat. 1119.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 94-199 · 89 Stat. 1119

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-199 on 1975-12-31.

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