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16 U.S.C. § 460qqEstablishment

submitted 42 years ago by Pub. L. 98-585 to r/title-16-CONSERVATION · 631 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Allegheny National Recreation Area inside Pennsylvania's Allegheny National Forest. It balances outdoor recreation and conservation with private oil, gas, and mineral development. The Secretary of Agriculture manages it and writes a management plan.

(a) Designation of area; revision of boundaries. This section designates about 23,100 acres in the Allegheny National Forest, Pennsylvania, shown on a March 1984 map, as the Allegheny National Recreation Area ("the national recreation area"). The Secretary of Agriculture may revise its boundaries to fix errors or add adjacent land acquired later. (b) Description of purposes. The national recreation area is managed for: (1) outdoor recreation, including but not limited to hunting, fishing, hiking, backpacking, camping, nature study, and motorized and nonmotorized boating on the Allegheny Reservoir; (2) conserving fish and wildlife populations and habitat; (3) protecting watersheds and keeping streams free-flowing and water quality high, following applicable law; (4) conserving the area's scenic, cultural, and other natural values; (5) allowing development of privately owned oil, gas, and mineral resources, subject to reasonable conditions the Secretary sets under subsection (c) to protect the area; and (6) minimizing, as much as practical, environmental disturbance from resource development, while respecting private property rights. (c) Administration; plan of operations. The Secretary administers the national recreation area under the purposes in subsection (b) and the laws, rules, and regulations that apply to the National Forest System. Subject to valid existing rights, any oil, gas, or mineral exploration, development, or transportation activity is subject to reasonable conditions the Secretary sets, following the management plan under subsection (d). For any such activity, the Secretary must require a plan of operations, including provisions for adequate reclamation — including, as much as practical, revegetation and rehabilitation after each operating phase ends. (d) Management plan. The Secretary must prepare, and may amend from time to time, a management plan for the national recreation area. It may be prepared alongside ongoing planning for the Allegheny National Forest under the National Forest Management Act of 1976. The initial plan and any significant amendments must come with an environmental impact statement prepared under the National Environmental Policy Act of 1969. (e) Hunting, fishing, and trapping. The Secretary must permit hunting, fishing, and trapping within the national recreation area's boundaries, following applicable federal and state law, except the Secretary may designate zones and periods with none of these activities, for public safety, administration, or public use and enjoyment reasons. Except in emergencies, any such restriction takes effect only after consulting the appropriate State fish and game department. (f) Withdrawal of minerals from appropriation and disposition. Subject to valid existing rights, minerals in all federally owned land within the national recreation area are withdrawn from all forms of mining-law appropriation and from disposition under all mineral leasing laws, including geothermal leasing laws. (g) Other National Forest management areas unaffected. Nothing in this section applies to, or affects, any other National Forest System management area, including any wilderness area or other national recreation area.
the actual law source: uscode.house.gov ↗public domain
(a) Designation of area; revision of boundaries

In furtherance of the findings and purposes of this subchapter, certain lands in the Allegheny National Forest, Pennsylvania, which comprise approximately twenty-three thousand one hundred acres, as generally depicted on a map entitled “Allegheny National Recreation Area—Proposed”, dated March 1984, are hereby designated as the Allegheny National Recreation Area (hereinafter in this subchapter referred to as the “national recreation area”). The Secretary of Agriculture may revise the boundaries of the national recreation area to correct errors or to include additional lands acquired adjacent to the area.

(b) Description of purposes

The national recreation area shall be managed for the purposes of—

(1)

outdoor recreation including, but not limited to, hunting, fishing, hiking, backpacking, camping, nature study, and the use of motorized and nonmotorized boats on the Allegheny Reservoir;

(2)

the conservation of fish and wildlife populations and habitat;

(3)

the protection of watersheds and the maintenance of free flowing streams and the quality of ground and surface waters in accordance with applicable law;

(4)

the conservation of scenic, cultural, and other natural values of the area;

(5)

allowing the development of privately owned oil, gas, and mineral resources subject to reasonable conditions prescribed by the Secretary under subsection (c) for the protection of the area; and

(6)

minimizing, to the extent practicable, environmental disturbances caused by resource development, consistent with the exercise of private property rights.

(c) Administration; plan of operations

The Secretary shall administer the national recreation area in accordance with the purposes described in subsection (b) and the laws, rules, and regulations applicable to the National Forest System. Subject to valid existing rights, any activity associated with the exploration, development, or transportation of oil, gas, or other minerals shall be subject to such reasonable conditions as the Secretary may prescribe, and in accordance with the management plan described in subsection (d), to achieve the purposes, described in subsection (b), of the national recreation area. For any such activity, the Secretary shall require a plan of operations which shall include provisions for adequate reclamation, including, to the extent practicable, revegetation and rehabilitation after each phase of operations is completed.

(d) Management plan

The Secretary shall prepare, and may from time to time amend, a management plan for the national recreation area. The plan may be prepared in conjunction with, or incorporated with, ongoing planning for the Allegheny National Forest in accordance with the National Forest Management Act of 1976. The initial management plan and significant amendments or revisions shall be accompanied by an environmental impact statement prepared in accordance with the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

(e) Hunting, fishing, and trapping

The Secretary shall permit hunting, fishing, and trapping within the boundaries of the national recreation area in accordance with applicable Federal and State laws except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any prohibitions or restrictions made pursuant to this subsection shall be put into effect only after consultation with the appropriate State fish and game department.

(f) Withdrawal of minerals from appropriation and disposition

Subject to valid existing rights, the minerals in all federally owned lands within the national recreation area designated by this subchapter are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, including all laws pertaining to geothermal leasing, and all amendments thereto.

(g) Other National Forest management areas unaffected

Nothing in this section shall be construed to apply to or have any effect on any other management area of the National Forest System, including any wilderness area or any other national recreation area.

Source credit: (Pub. L. 98–585, § 6, Oct. 30, 1984, 98 Stat. 3101.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-585 · 98 Stat. 3101

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-585 on 1984-10-30.

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