16 U.S.C. § 460oo — Establishment

submitted 42 years ago by Pub. L. 98-328 to r/title-16-CONSERVATION · 869 words · no verdicts yet

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This law creates the Oregon Cascades Recreation Area inside four Oregon national forests. The Secretary of Agriculture manages it for recreation, wildlife, and scenery, while limiting development. Parts of it also become new wilderness areas.

(a) In general. This section creates the Oregon Cascades Recreation Area inside the Umpqua, Willamette, Winema, and Deschutes National Forests. The goal is to keep the land mostly undeveloped because it has unique geography, biology, and ecology, plus important scenery, wildlife, recreation, and watershed value. (b) Administration. The recreation area covers about 156,900 acres, shown on a March 1984 map. The Secretary of Agriculture ("the Secretary") manages it under the same laws that apply to the National Forest System, aiming to protect scenery, watersheds, wildlife habitat, and dispersed recreation. (c) Management plan. Plans made under subsection (g) must manage the area to: (1) offer recreation from primitive camping to full-service campgrounds; (2) let the public reach the area; (3) keep its natural and scenic character as much as practical; and (4) allow motorized recreation vehicles. (d) Mining. (1) Existing mining claims stay valid, but the Secretary can set reasonable rules so mining fits the area's purposes as much as practical. Any mining patent issued after June 26, 1984 gives the holder only the minerals and the right to use the surface for mining, subject to the Secretary's rules. (2) Starting January 1, 1989, and subject to existing rights, the land is closed to new mining claims and new mineral or geothermal leasing. (e) Allowance of limited activities and facilities. The Secretary may allow limited activities and facilities needed to protect resources and keep visitors safe and comfortable, including: (1) fighting wildfire, insects, disease, and erosion, including timber harvesting to stop catastrophic tree death; (2) improving wildlife habitat, water supply and quality, forage, and dispersed recreation; (3) livestock grazing, as long as it does not significantly hurt the area's resources; (4) salvaging major dead timber from fire, insects, disease, or wind, when it hurts scenery, threatens public safety, or when removing it protects the surrounding forest; (5) developments the public needs to enjoy the area, as long as they don't work against its purposes; and (6) public utilities like power lines, if there is no other feasible location and the Secretary finds it is in the public interest. (f) Wilderness lands. Certain lands become part of the National Wilderness Preservation System and are managed under the Wilderness Act. About 55,100 acres in the Umpqua, Willamette, and Winema forests, shown on a March 1984 map, become the Mount Thielsen Wilderness. About 15,700 acres in the Willamette and Deschutes forests, also shown on a March 1984 map, are added to the existing Diamond Peak Wilderness. (g) Forest plans; integrated management plans. Management direction comes either from the regular forest plans for these four forests, made under the Forest and Rangeland Renewable Resources Planning Act, or from a separate integrated management plan written within three years of June 26, 1984 and updated under that same planning law. Whichever plan is used, it must identify specific areas and routes for motorized recreation vehicles.

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

(a) In general

In order to conserve, protect, and manage, in a substantially undeveloped condition, certain National Forest System lands in the State of Oregon having unique geographic, topographic, biological, ecological features and possessing significant scenic, wildlife, dispersed recreation, and watershed values, there is hereby established, within the Umpqua, Willamette, Winema and Deschutes National Forests, the Oregon Cascades Recreation Area (hereinafter referred to in this subchapter as the “recreation area”).

(b) Administration

The recreation area shall comprise approximately one hundred fifty-six thousand nine hundred acres as generally depicted on a map entitled “Oregon Cascades Recreation Area” dated March 1984. Except as otherwise provided in this section, the Secretary of Agriculture (hereinafter referred to as the “Secretary”) shall administer and manage the recreation area in accordance with the laws and regulations applicable to the National Forest System so as to enhance scenic and watershed values, wildlife habitat, and dispersed recreation.

The recreation area shall be managed in accordance with plans prepared in subsection (g) to:

(1)

provide a range of recreation opportunities from primitive to full service developed campgrounds;

(2)

provide access for use by the public;

(3)

to the extent practicable, maintain the natural and scenic character of the area; and

(4)

provide for the use of motorized recreation vehicles.

(d) Mining

(1)

Subject to valid existing rights, all mining claims located within the recreation area shall be subject to such reasonable regulations as the Secretary may prescribe to insure that mining activities will, to the maximum extent practicable, be consistent with the purposes for which the recreation area is established. Any patent issued after June 26, 1984, shall convey title only to the minerals together with the right to use the surface of lands for mining purposes subject to such reasonable regulations as the Secretary shall prescribe.

(2)

Effective January 1, 1989, and subject to valid existing rights, the lands located within the recreation area are hereby withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to the mineral leasing and geothermal leasing and all amendments thereto.

(e) Allowance of limited activities and facilities

Within the recreation area, the Secretary may permit, under appropriate regulations those limited activities and facilities which he determines necessary for resource protection and management and for visitor safety and comfort, including—

(1)

those necessary to prevent and control wildfire, insects, diseases, soil erosion, and other damaging agents including timber harvesting activities necessary to prevent catastrophic mortality from insects, diseases or fire;

(2)

those necessary to maintain or improve wildlife habitat, water yield and quality, forage production, and dispersed outdoor recreation opportunities;

(3)

livestock grazing, to the extent that such use will not significantly adversely affect the resources of the recreation area;

(4)

salvage of major timber mortality caused by fire, insects, disease, blowdown, or other causes when the scenic characteristics of the recreation area are significantly affected, or the health and safety of the public is threatened, or the overall protection of the forested area inside or outside the recreation area might be adversely affected by failure to remove the dead or damaged timber;

(5)

those developments or facilities necessary for the public enjoyment and use of the recreation area, when such development or facilities do not detract from the purposes of the recreation area; and

(6)

public service land occupancies, including power transmission lines, provided there is no feasible alternative location, and, the Secretary finds that it is in the public interest to locate such facilities within the recreation area.

(f) Wilderness lands

The following lands within the recreation area are hereby designated as wilderness and therefore as components of the National Wilderness Preservation System, and shall, notwithstanding any other provisions of this section, be administered by the Secretary in accordance with the applicable provisions of the Wilderness Act [16 U.S.C. 1131 et seq.]: Certain lands in the Umpqua, Willamette, and Winema National Forests which comprise approximately fifty-five thousand one hundred acres, are generally depicted on a map dated March 1984, entitled “Mount Thielsen Wilderness—Proposed”, and which shall be known as the Mount Thielsen Wilderness; and certain lands in the Willamette and Deschutes National Forests, which comprise approximately fifteen thousand seven hundred acres, are generally depicted on a map dated March 1984, entitled “Diamond Peak Wilderness Additions—Proposed”, and which are hereby incorporated in, and which shall be deemed to be a part of, the Diamond Peak Wilderness as designated in Public Law 88–577.

(g) Forest plans; integrated management plans

Management direction for the recreation area shall be developed in either the forest plans developed for the Umpqua, Winema, Deschutes and Willamette Forests in accordance with section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended [16 U.S.C. 1604], or in an integrated management plan that shall be prepared within three years from June 26, 1984, and revised in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended [16 U.S.C. 1600 et seq.]. Any plan developed by the Secretary for the recreation area shall identify and designate specific and appropriate areas and routes for the use of motorized recreation vehicles within the recreation area.

Source credit: (Pub. L. 98–328, § 4, June 26, 1984, 98 Stat. 275.)

history & why it existsrecord from the source credit

1984Enacted · Pub. L. 98-328 · 98 Stat. 275

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-328 on 1984-06-26.

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