16 U.S.C. § 460nnn–22 — Roads and travel access
submitted 26 years ago by Pub. L. 106-399 to r/title-16-CONSERVATION · 395 words · no verdicts yet
The management plan must cover roads, trails, and how people travel through Steens Mountain. Motorized vehicles must stay on designated roads, with limited exceptions for emergencies or restoration work. New roads generally can't be built, and the public and advisory council must weigh in on closures.
(a) Transportation plan. The overall management plan* must include a full transportation plan for the area's federal land, covering how roads and trails are maintained, improved, or closed, and how people can travel through.
(b) Prohibition on off-road motorized travel. Motorized or mechanized vehicles on federal land in the area (1) cannot go off-road, and are (2) limited to the specific roads and trails the management plan designates for them. There are exceptions: this rule doesn't stop vehicle use the Secretary* decides is (A) needed for running the area or responding to an emergency, or (B) appropriate for building or maintaining agricultural facilities, managing fish and wildlife, or doing ecological restoration — except this exception doesn't apply inside the Wilderness Area* or land managed under section 1782(c) of title 43.
(c) Road closures. Any decision to permanently close an existing road, or to restrict which vehicles can use certain roads, must be made after consulting both the advisory council* and the public.
(d) Prohibition on new construction. No new road or trail for motorized or mechanized vehicles can be built on the area's federal land, unless the Secretary decides it's necessary for public safety or to protect the environment — and that decision also requires consulting the advisory council and the public. This doesn't limit the Secretary's power to build or maintain trails meant for people not using motors or machines, like hikers or horseback riders.
(e) Access to nonfederally owned lands. The Secretary must give owners of non-federal land or land interests inside the Cooperative Management and Protection Area* or the Wilderness Area reasonable access, so they can reasonably use their own land. And nothing in this subchapter cancels any valid right-of-way that already existed on the area's federal land.
The management plan* shall include, as an integral part, a comprehensive transportation plan for the Federal lands included in the Cooperative Management and Protection Area*, which shall address the maintenance, improvement, and closure of roads and trails as well as travel access.
The use of motorized or mechanized vehicles on Federal lands included in the Cooperative Management and Protection Area—
is prohibited off road; and
is limited to such roads and trails as may be designated for their use as part of the management plan.
Paragraph (1) does not prohibit the use of motorized or mechanized vehicles on Federal lands included in the Cooperative Management and Protection Area if the Secretary* determines that such use—
is needed for administrative purposes or to respond to an emergency; or
is appropriate for the construction or maintenance of agricultural facilities, fish and wildlife management, or ecological restoration projects, except in areas designated as wilderness or managed under the provisions of section 1782(c) of title 43.
Any determination to permanently close an existing road in the Cooperative Management and Protection Area or to restrict the access of motorized or mechanized vehicles on certain roads shall be made in consultation with the advisory council* and the public.
No new road or trail for motorized or mechanized vehicles may be constructed on Federal lands in the Cooperative Management and Protection Area unless the Secretary determines that the road or trail is necessary for public safety or protection of the environment. Any determination under this subsection shall be made in consultation with the advisory council and the public.
Nothing in this subsection is intended to limit the authority of the Secretary to construct or maintain trails for nonmotorized or nonmechanized use.
The Secretary shall provide reasonable access to nonfederally owned lands or interests in land within the boundaries of the Cooperative Management and Protection Area and the Wilderness Area* to provide the owner of the land or interest the reasonable use thereof.
Nothing in this subchapter shall have the effect of terminating any valid existing right-of-way on Federal lands included in the Cooperative Management and Protection Area.
Source credit: (Pub. L. 106–399, title I, § 112, Oct. 30, 2000, 114 Stat. 1660.)
- 2000Enacted · Pub. L. 106-399 · 114 Stat. 1660
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-399 on 2000-10-30.
all 0 arguments · sorted by: best
no arguments yet — make the first case