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16 U.S.C. § 460ggg–2Recreation area

submitted 35 years ago by Pub. L. 102-217 to r/title-16-CONSERVATION · 413 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress designated about 23,330 acres of the Chattahoochee National Forest as the Ed Jenkins National Recreation Area to protect its scenic, wildlife, historic, and watershed value. The Secretary of Agriculture manages it under national forest law, generally banning timber harvesting except for safety or forest-health reasons, and withdrew the land from mineral leasing. Access to privately held land inside the area isn't affected.

(a) Designation and purposes. To protect certain natural, scenic, wildlife, historic, archaeological, wildland, and watershed values, and boost recreation, Congress designated about 23,330 acres of the Chattahoochee National Forest as a national recreation area, named the Ed Jenkins National Recreation Area. (b) Administration. (1) Subject to existing valid rights, the Secretary must manage the recreation area under national forest laws to support this section's purpose. Except as allowed here, the Secretary cannot harvest timber. The Secretary can remove timber only in ways that don't hurt the area's purpose. Salvage logging of storm- or disease-damaged timber is allowed to protect forest health, and logging is allowed for visitor safety. (2) This section doesn't stop existing timber sale contracts from finishing. The Secretary may allow more road building to support the area's purpose. (3) This designation alone doesn't require changing public access on existing permanent forest roads, but the Secretary can open or close them for sound resource management. (4) Land in the recreation area is withdrawn from all mineral leasing laws. (5) The Secretary may let existing wildlife openings continue, working with Georgia and other partners, and may allow new wildlife openings that fit the area's purpose. (6) The Secretary must protect and promote public opportunities for primitive and semiprimitive recreation. (7) This designation doesn't interfere with access rights to privately owned land inside the area.
the actual law source: uscode.house.gov ↗public domain
(a) Designation and purposes

For the purposes of ensuring 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, certain lands in the Chattahoochee National Forest, Georgia, which comprise approximately 23,330 acres, as generally depicted on a map entitled “Springer Mountain National Recreation Area—Proposed”, dated October 1991, are hereby designated as a national recreation area and shall be known as Ed Jenkins National Recreation Area (hereafter in this section referred to as the “recreation area”).

(b) Administration
(1)

Subject to valid existing rights, the Secretary shall administer the recreation area in accordance with the laws, rules, and regulations applicable to the national forests in such a way as to further the purposes of this section. Except as provided in this section, the Secretary may not conduct timber harvesting in the recreation area. The Secretary may remove timber in the recreation area in furtherance of this section, but only in a manner which does not impair the purposes for which the recreation area is established. 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.

(2)

Nothing in this section shall prevent the completion of existing timber sales under contract. The Secretary may permit additional road construction in the area in furtherance of the purposes for which the recreation area is established.

(3)

By virtue of the designation under this section, the Secretary need not change patterns of public access or closure on existing permanent national forest development roads. At his discretion, however, the Secretary may open or close such existing roads to public use for reasons of sound resource management.

(4)

Lands within the recreation area are hereby withdrawn from the operation of all laws pertaining to mineral leasing.

(5)

The Secretary may permit, in his discretion, the continued maintenance of existing wildlife openings, in cooperation with the State of Georgia and other Federal, State, and private cooperators, and may permit new wildlife openings in furtherance of the purposes for which the recreation area is established.

(6)

The Secretary shall protect, enhance, and promote the public’s opportunities for primitive and semiprimitive recreation in the recreation area.

(7)

Designation by this section shall not interfere with rights of access to privately held lands.

Source credit: (Pub. L. 102–217, § 4, Dec. 11, 1991, 105 Stat. 1668; Pub. L. 102–456, § 2, Oct. 23, 1992, 106 Stat. 2264.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-217 · 105 Stat. 1668
  • 1992Amended · Pub. L. 102-456 · 106 Stat. 2264

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-217 on 1991-12-11.

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