16 U.S.C. § 460jjj–1 — Administration

submitted 33 years ago by Pub. L. 103-104 to r/title-16-CONSERVATION · 1,170 words · no verdicts yet

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The Secretary manages this recreation area under national forest rules to protect its purposes. Allowed uses include hiking, hunting, timber harvesting, grazing, and scientific study. The Secretary must plan management and transportation, protect Native American access, and limit harmful activities when needed.

(a) In general - The Secretary runs the recreation area following this law and the normal rules for National Forest System land. Everything must help the recreation area's goals. Managing natural resources is allowed only if it fits those goals and doesn't hurt them. People can hike, camp, hunt, fish, ski, backpack, rock climb, and swim there - this list isn't the only allowed activities. (b) Management plan - Within 5 years of October 12, 1993, the Secretary must write a management plan for the area. This plan is added onto the Santa Fe National Forest's existing land plan. The Secretary doesn't have to redo that whole forest plan under section 1604. While writing the plan, the Secretary must study the new land in the recreation area and nearby forest land. (c) Cultural resources - The Secretary must pay special attention to protecting cultural resources - preserving and stabilizing them - following three laws: the Archaeological Resources Protection Act of 1979, the National Historic Preservation Act, and the American Indian Religious Freedom Act. (d) Native Americans - (1) Because Indian peoples have long used parts of this area for traditional and cultural purposes, the Secretary must protect religious and cultural sites and let Indian peoples visit them for traditional uses, working with local tribal leaders. This access must match the American Indian Religious Freedom Act. At a tribe or pueblo's request, the Secretary may temporarily close specific parts of the area to the general public to protect these traditional uses. (2) When making management plans, the Secretary must ask the Governor of the Pueblo of Jemez and other tribal leaders for recommendations on how to (A) ensure access to religious and cultural sites, (B) protect the privacy of traditional religious activities, and (C) protect traditional cultural and religious sites. (e) Wildlife resources - The Secretary must emphasize protecting wildlife, including species the Forest Service considers sensitive, and must follow wildlife laws including the Endangered Species Act of 1973. (f) Hunting - The Secretary must allow hunting and fishing on the area's lands and waters, following federal and state law. (g) Timber harvesting - The Secretary may allow commercial timber harvesting - including for vigas, latillas, firewood gathering, safety, recreation, wildlife, or running the area - as long as it fits the area's purposes. Trees damaged by fire, disease, or insects may be used or removed. This section doesn't affect timber sales already under contract as of October 12, 1993, or the Los Griegos timber sale, except that sale must use "uneven aged management" - meaning trees are selected and cut individually rather than all at once. (h) Grazing - The Secretary may allow grazing under rules the Secretary sets. Wetland areas along streams (riparian areas) must be managed to protect their value. (i) Transportation plan - (1) Within 1 year of October 12, 1993, the Secretary must write a transportation plan for using roads and trails efficiently, including a full trail system that spreads recreation out while protecting archaeological and religious sites. (2) The Secretary may only build, maintain, or close roads after consulting local tribal leaders and following that plan. (j) Recreational facilities - The Secretary must provide recreational facilities, built to minimize harm to the area's scenic beauty, natural character, and archaeological and religious sites. (k) Visitor facilities - The Secretary must set up a visitor center and other facilities to teach visitors about the area's cultural and natural resources. (l) Power transmission lines - Under federal and state law, the Secretary may allow a corridor for high-power electric lines only if all four things are true: (1) there's no workable alternative location, (2) it won't significantly damage scenic or archaeological/religious value, (3) it serves the public interest, and (4) a plan exists to minimize harm to the area's resources. (m) Scientific investigations - The Secretary may allow scientific research if it serves the public interest and fits the area's purposes. (n) Resource protection - The Secretary may close off certain zones or set certain time periods where an otherwise-allowed activity is banned, for reasons like safety, management, wildlife protection, cultural site protection, or public enjoyment. Except in emergencies, the Secretary must consult with state agencies, tribal leaders, and other affected parties before doing this.

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

(a) In general

The Secretary shall administer the recreation area in accordance with this subchapter and the laws, rules, and regulations applicable to National Forest System lands in a manner that will further the purposes of the recreation area. Management of the natural resources within the recreation area shall be permitted only to the extent that such management is compatible with and does not impair the purposes for which the recreation area is established. Recreational activities within the recreation area shall include (but not be limited to) hiking, camping, hunting, fishing, skiing, backpacking, rock climbing, and swimming.

(b) Management plan

The Secretary shall, no later than 5 years after October 12, 1993, develop a management plan for the recreation area, as an amendment to the Santa Fe National Forest Land and Resource Management Plan, to reflect the establishment of the recreation area and to conform to the provisions of this subchapter. Nothing in this subchapter shall require the Secretary to revise the Santa Fe Forest Land and Resource Management Plan pursuant to section 1604 of this title. During development of the management plan for the recreation area, the Secretary shall study newly designated land within the recreation area, and adjacent national forest land.

In administering the recreation area, the Secretary shall give particular emphasis to the preservation, stabilization, and protection of cultural resources located within the recreation area in furtherance of the Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa et seq.], the National Historic Preservation Act,1 and the Act of August 11, 1978 [42 U.S.C. 1996, 1996a] (commonly referred to as the “American Indian Religious Freedom Act”).

(d) Native Americans

(1)

In recognition of the historic use of portions of the recreation area by Indian peoples for traditional cultural and customary uses, the Secretary shall, subject to the provisions of subsection (n) in consultation with local tribal leaders, ensure the protection of religious and cultural sites and provide access from time to time to those sites by Indian peoples for traditional cultural and customary uses. Such access shall be consistent with the purpose and intent of the Act of August 11, 1978 [42 U.S.C. 1996, 1996a] (commonly referred to as the “American Indian Religious Freedom Act”). The Secretary, in accordance with such Act, upon request of an Indian tribe or pueblo, may from time to time temporarily close to general public use one or more specific portions of the recreational area in order to protect traditional and customary uses in such portions by Indian peoples.

(2)

In preparing and implementing management plans for the recreation area, the Secretary shall request that the Governor of the Pueblo of Jemez and the chief executive officers of other appropriate Indian tribes and pueblos make recommendations on methods of—

(A)

assuring access to religious and cultural sites;

(B)

enhancing the privacy and continuity of traditional cultural and religious activities in the recreation area; and

(C)

protecting traditional cultural and religious sites in the recreation area.

(e) Wildlife resources

In administering the recreation area, the Secretary shall give particular emphasis to the conservation and protection of wildlife resources, including species listed as sensitive by the Forest Service, within the recreation area and shall comply with applicable Federal and State laws relating to wildlife, including the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.].

(f) Hunting

The Secretary shall permit hunting and fishing on lands and waters under the jurisdiction of the Secretary within the recreation area in accordance with applicable Federal and State law.

(g) Timber harvesting

The Secretary may permit timber harvesting in the recreation area for commercial purposes, including (but not limited to) vigas, latillas, the gathering of fuelwood, and for purposes of public safety, recreation, wildlife, and administration, insofar as the harvesting is compatible with the purposes of the recreation area. Trees damaged or downed due to fire, disease, or insect infestation may be utilized, salvaged, or removed from the recreation area as authorized by the Secretary in furtherance of the purposes of this subchapter. Nothing in this subchapter shall be construed to affect the timber sales under contract on October 12, 1993. Nothing in this subchapter shall be construed to effect the Los Griegos timber sale in the Los Griegos Diversity Unit number 0322 as shown on the West Half Diversity Unit map of the Santa Fe National Forest dated November 1991; except that the Secretary shall manage such sale using uneven aged management including the individual tree selection method.

(h) Grazing

The Secretary may permit grazing within the recreation area in accordance with regulations prescribed by the Secretary. Riparian areas shall be managed in such a manner as to protect their important resource values.

(i) Transportation plan

(1)

Within 1 year after October 12, 1993, the Secretary shall prepare a transportation plan that provides for the most efficient use of roads and trails to accomplish the purposes of this subchapter. The plan shall provide for a comprehensive trails system that provides for dispersed recreation while minimizing impact on significant archaeological and religious sites.

(2)

The Secretary shall construct, maintain, and close roads within the recreation area after consultation with local tribal leaders and only in accordance with such plan.

(j) Recreational facilities

The Secretary shall provide for recreational facilities within the recreation area. Such facilities shall be constructed so as to minimize impacts on the scenic beauty, the natural character, and the archaeological and religious sites of the recreation area.

(k) Visitor facilities

The Secretary shall establish a visitor center and interpretive facilities in or near the recreation area for the purpose of providing for education relating to the interpretation of cultural and natural resources of the recreation area.

(l) Power transmission lines

In accordance with Federal and State laws and regulations, the Secretary may permit a utility corridor for high power electric transmission lines within the recreation area only when the Secretary determines that—

(1)

there is not a feasible alternative for the location of such corridor;

(2)

damage to the recreational and scenic quality and to the archaeological and religious sites of the recreation area will not be significant;

(3)

it is in the public interest that such corridor be located in the recreation area; and

(4)

a plan to minimize harm to the resources of the recreation area has been developed.

(m) Scientific investigations

The Secretary may permit scientific investigations within the recreation area upon the Secretary’s determination that such investigations are in the public interest and are compatible with the purposes of this subchapter.

(n) Resource protection

The Secretary may designate zones where, and establish periods when, any activity otherwise permitted in the recreation area will not be permitted for reasons of public safety, administration, fish and wildlife management, protection of archaeological or cultural resources, or public use and enjoyment. Except in emergencies such designations by the Secretary shall be put into effect only after consultation with the appropriate State agencies, appropriate tribal leaders, and other affected parties.

Source credit: (Pub. L. 103–104, § 2, Oct. 12, 1993, 107 Stat. 1025.)

history & why it existsrecord from the source credit

1993Enacted · Pub. L. 103-104 · 107 Stat. 1025

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-104 on 1993-10-12.

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