16 U.S.C. § 460lll–29 — Resource management
submitted 28 years ago by Pub. L. 105-277 to r/title-16-CONSERVATION · 287 words · no verdicts yet
This area is off-limits to new mining claims, though common minerals can still be used to maintain the area. Hunting and fishing are allowed under state and federal law, with limited safety exceptions. The Secretary must protect historic sites and work with former residents on cultural resources.
(a) Minerals - (1) Withdrawal: land in the Recreation Area* is off-limits to mining and mineral leasing laws. (2) Use of mineral materials: the Secretary* may allow common minerals (like gravel) to be used for developing and maintaining the Recreation Area.
(b) Hunting and fishing - (1) The Secretary must allow hunting and fishing on the land and water under the Secretary's control, following applicable United States and state* laws. (2)(A) The Secretary may ban hunting or fishing in specific areas or times for public safety, administration, or public enjoyment reasons. (B) Except in an emergency, such a ban only takes effect after consulting the states' fish and game departments. (3) This subchapter doesn't change any state's jurisdiction or responsibility over wildlife and fish on national forests.
(c) Historical resources - (1) The Secretary must identify and manage the Recreation Area's historical resources (A) following the National Historic Preservation Act (now found in title 54) and (B) in consultation with qualified residents or relatives. (2) The Secretary must (A) seriously consider requests from qualified residents or relatives to use and maintain traditional sites, buildings, cemeteries, and culturally important areas, and (B) consult with them on managing historical resources.
The land within the Recreation Area* is withdrawn from the operation of the mining and mineral leasing laws of the United States.
The Secretary* may permit the use of common varieties of mineral materials for the development and maintenance of the Recreation Area.
The Secretary shall permit hunting and fishing on land and water under the jurisdiction of the Secretary within the boundaries of the Recreation Area in accordance with applicable laws of the United States and of each State*, respectively.
The Secretary may designate areas where, and establish periods when, hunting or fishing is prohibited for reasons of public safety, administration, or public use and enjoyment.
Except in emergencies, a prohibition under subparagraph (A) shall become effective only after consultation with the appropriate fish and game departments of the States.
Nothing in this subchapter affects the jurisdiction or responsibilities of the States with respect to wildlife and fish on national forests.
The Secretary shall identify and manage the historical resources of the Recreation Area—
in accordance with the requirements of division A of subtitle III of title 54 (formerly known as the “National Historic Preservation Act”); and
in consultation with qualified residents or relatives.
The Secretary shall—
in accordance with applicable law, give consideration to requests by qualified residents or relatives to use and maintain traditional sites, buildings, cemeteries, and other areas of cultural importance in the Recreation Area; and
consult with qualified residents or relatives in the management of the historical resources of the Recreation Area.
Source credit: (Pub. L. 105–277, div. A, § 101(e) [title V, § 529], Oct. 21, 1998, 112 Stat. 2681–231, 2681–317; Pub. L. 117–328, div. DD, title II, § 201(h), Dec. 29, 2022, 136 Stat. 5583.)
- 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681
- 2022Amended · Pub. L. 117-328 · 136 Stat. 5583
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.
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