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16 U.S.C. § 460nnn–23 — Land use authorities

submitted 26 years ago by Pub. L. 106-399 to r/title-16-CONSERVATION · 701 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section controls what land uses are allowed in the Steens Mountain area. Commercial logging is banned, but some tree removal, hunting, fishing, and grazing continue under limits. New buildings need special justification, and the land is generally withdrawn from mining and land claims.

(a) In general. The Secretary can only allow uses of the area's federal land that the Secretary finds will further the purposes for which the area was created.

(b) Commercial timber. Commercial timber harvesting is banned on the area's federal land. As a limited exception, the Secretary can authorize removing trees, but only if it's clearly needed for ecological restoration, maintenance, or public safety. Outside the Wilderness Area and the wilderness study areas named in section 460nnn–64(a), the Secretary can also authorize selling the wood from that authorized removal.

(c) Juniper management. The Secretary must focus on restoring the area's historic fire pattern and its native plant communities, by actively managing Western Juniper across the whole landscape. This includes using both natural fires and prescribed burns.

(d) Hunting, fishing, and trapping. The Secretary must allow hunting, fishing, and trapping on the area's federal land, under applicable United States and Oregon law. After consulting the Oregon Department of Fish and Wildlife, the Secretary can still designate zones or set times when these activities are banned, for public safety, running the area, or protecting public enjoyment.

(e) Grazing. Except as this section and part F otherwise say, the usual Bureau of Land Management laws, regulations, and executive orders for issuing and running grazing leases and permits still apply here. The Secretary must cancel the grazing permitted within the Fish Creek/Big Indian, East Ridge, and South Steens allotments, wherever they fall inside the "no livestock grazing area" shown on the map named in section 460nnn–11(a); once canceled, grazing there is banned going forward, and the Secretary must build and maintain any fencing needed to protect resources in that no-grazing area. The forage that gets freed up must be reallocated in four specific ways: the O'Keefe pasture in the Miners Field allotment goes to Stafford Ranches; the Fields Seeding and the part of Bone Creek Pasture east of the county road, both in the Miners Field allotment, go to Amy Ready; the Miners Field Pasture, Schouver Seeding, and the part of Bone Creek Pasture west of the county road, also in the Miners Field allotment, go to Roaring Springs Ranch; and 800 animal unit months in the Crows Nest allotment go to the Lowther (Clemens) Ranch. The Secretary must also build fencing and water systems needed to let livestock reasonably and efficiently use that reallocated forage.

(f) Prohibition on construction of facilities. No new facility can be built on the area's federal land unless the Secretary decides it will be minimal, fits this subchapter's purposes, and is necessary for one of four reasons: (A) improving plant, fish, wildlife, or watershed conditions; (B) public information, health, or safety; (C) managing livestock; or (D) managing recreation that's already happening — not for encouraging more of it.

(g) Withdrawal. Subject to any valid existing rights, the federal land and land interests in the Cooperative Management and Protection Area are withdrawn from all the usual ways people can claim, enter, or acquire public land. The one exception is a land exchange, and only if the Secretary decides it furthers the purposes and goals in section 460nnn–12, and formally tells Congress so.

the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary shall allow only such uses of the Federal lands included in the Cooperative Management and Protection Area as the Secretary finds will further the purposes for which the Cooperative Management and Protection Area is established.

(b) Commercial timber
(1) Prohibition

The Federal lands included in the Cooperative Management and Protection Area shall not be made available for commercial timber harvest.

(2) Limited exception

The Secretary may authorize the removal of trees from Federal lands in the Cooperative Management and Protection Area only if the Secretary determines that the removal is clearly needed for purposes of ecological restoration and maintenance or for public safety. Except in the Wilderness Area and the wilderness study areas referred to in section 460nnn–64(a) of this title, the Secretary may authorize the sale of products resulting from the authorized removal of trees under this paragraph.

(c) Juniper management

The Secretary shall emphasize the restoration of the historic fire regime in the Cooperative Management and Protection Area and the resulting native vegetation communities through active management of Western Juniper on a landscape level. Management measures shall include the use of natural and prescribed burning.

(d) Hunting, fishing, and trapping
(1) Authorization

The Secretary shall permit hunting, fishing, and trapping on Federal lands included in the Cooperative Management and Protection Area in accordance with applicable laws and regulations of the United States and the State of Oregon.

(2) Area and time limitations

After consultation with the Oregon Department of Fish and Wildlife, the Secretary may designate zones where, and establish periods when, hunting, trapping or fishing is prohibited on Federal lands included in the Cooperative Management and Protection Area for reasons of public safety, administration, or public use and enjoyment.

(e) Grazing
(1) Continuation of existing law

Except as otherwise provided in this section and part F, the laws, regulations, and executive orders otherwise applicable to the Bureau of Land Management in issuing and administering grazing leases and permits on lands under its jurisdiction shall apply in regard to the Federal lands included in the Cooperative Management and Protection Area.

(2) Cancellation of certain permits

The Secretary shall cancel that portion of the permitted grazing on Federal lands in the Fish Creek/Big Indian, East Ridge, and South Steens allotments located within the area designated as the “no livestock grazing area” on the map referred to in section 460nnn–11(a) of this title. Upon cancellation, future grazing use in that designated area is prohibited. The Secretary shall be responsible for installing and maintaining any fencing required for resource protection within the designated no livestock grazing area.

(3) Forage replacement

Reallocation of available forage shall be made as follows:

(A)

O’Keefe pasture within the Miners Field allotment to Stafford Ranches.

(B)

Fields Seeding and Bone Creek Pasture east of the county road within the Miners Field allotment to Amy Ready.

(C)

Miners Field Pasture, Schouver Seeding and Bone Creek Pasture west of the county road within the Miners Field allotment to Roaring Springs Ranch.

(D)

800 animal unit months within the Crows Nest allotment to Lowther (Clemens) Ranch.

(4) Fencing and water systems

The Secretary shall also construct fencing and develop water systems as necessary to allow reasonable and efficient livestock use of the forage resources referred to in paragraph (3).

(f) Prohibition on construction of facilities

No new facilities may be constructed on Federal lands included in the Cooperative Management and Protection Area unless the Secretary determines that the structure—

(1)

will be minimal in nature;

(2)

is consistent with the purposes of this subchapter; and

(3)

is necessary—

(A)

for enhancing botanical, fish, wildlife, or watershed conditions;

(B)

for public information, health, or safety;

(C)

for the management of livestock; or

(D)

for the management of recreation, but not for the promotion of recreation.

(g) Withdrawal

Subject to valid existing rights, the Federal lands and interests in lands included in the Cooperative Management and Protection Areas are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, except in the case of land exchanges if the Secretary determines that the exchange furthers the purpose and objectives specified in section 460nnn–12 of this title and so certifies to Congress.

Source credit: (Pub. L. 106–399, title I, § 113, Oct. 30, 2000, 114 Stat. 1661.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-399 · 114 Stat. 1661

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-399 on 2000-10-30.

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