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16 U.S.C. § 460sssCow Mountain Recreation Area, Lake and Mendocino Counties, California

submitted 20 years ago by Pub. L. 109-362 to r/title-16-CONSERVATION · 667 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Cow Mountain Recreation Area in Lake and Mendocino Counties, California -- about 51,513 acres -- to boost recreation and scenery while protecting wildlife. The Secretary of the Interior manages it, allows existing recreational uses, and may only buy land from willing owners.

(a) Establishment: To improve the Cow Mountain area's recreational and scenic value in Lake and Mendocino Counties, California, while protecting its wildlife and other natural resources, the law creates the Cow Mountain Recreation Area -- about 51,513 acres, shown on a map dated July 22, 2006. This includes the "South Cow Mountain OHV Management Area" and the "North Cow Mountain Recreation Area," both shown on the map. (b) Legal descriptions; correction of errors: (1) As soon as practical after October 17, 2006, the Secretary of the Interior must prepare a map and legal description of the recreation area's boundaries, and send them to the House Committee on Resources and the Senate Committee on Energy and Natural Resources. (2) This map and description count as if written into the law itself, except the Secretary may fix clerical and typographical errors. The map must be kept on file and open to the public at Bureau of Land Management offices. (c) Administration: (1) The Secretary of the Interior manages the recreation area under this section and the laws and rules generally applying to public lands, including the Federal Land Policy and Management Act of 1976. (2) The recreation area is created subject to all existing valid rights. (d) Recreational activities: (1) The Secretary must keep allowing, maintaining, and improving recreational use of the land -- including motorized recreation, hiking, camping, mountain biking, sightseeing, and horseback riding -- as long as it fits this section and other laws. (2) Off-road and motorized recreation: Motorized recreation is an approved use within the South Cow Mountain OHV Management Area, but only on roads and trails the Secretary designates for it -- except for administrative needs or emergencies. The Secretary can still close any trail or route to protect resources or public safety. (3) Mountain biking: Mountain biking is an approved use in the recreation area, but only on roads and trails the Secretary designates for it. The Secretary can still close any trail or route to protect resources or public safety. (e) Access to private property: The Secretary must give owners of private property inside the recreation area's boundaries reasonable access to their land. (f) Land acquisition: (1) The Secretary may only acquire land or land interests in the recreation area from willing parties -- by donation, by exchange under a written agreement, or by purchase under a written agreement from a willing seller. (2) Land bought this way, that the Bureau of Land Management owns, and that the United States gained title or possession of after October 17, 2006, becomes part of the recreation area, managed by the Secretary. (g) Adjacent management: This section does not create any buffer zones or protective perimeters around the recreation area.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

In order to enhance the recreational and scenic values of the Cow Mountain area in Lake and Mendocino Counties, California, while conserving the wildlife and other natural resource values of the area, there is hereby established the Cow Mountain Recreation Area (in this section referred to as the “recreation area”) consisting of approximately 51,513 acres of land in such counties, as generally depicted on the map entitled “Cow Mountain Recreation Area” and dated July 22, 2006, including the following:

(1)

The “South Cow Mountain OHV Management Area”, as generally depicted on the map.

(2)

The “North Cow Mountain Recreation Area”, as generally depicted on the map.

(b) Legal descriptions; correction of errors
(1) Preparation and submission

As soon as practicable after October 17, 2006, the Secretary of the Interior shall prepare a map and legal descriptions of the boundaries of the recreation area. The Secretary shall submit the map and legal descriptions to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate.

(2) Legal effect

The map and legal descriptions of the recreation area shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal descriptions. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.

(c) Administration
(1) In general

The Secretary of the Interior shall administer the recreation area in accordance with this section and the laws and regulations generally applicable to the public lands, including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(2) Existing rights

The establishment of the recreation area shall be subject to all valid existing rights.

(d) Recreational activities
(1) In general

The Secretary of the Interior shall continue to authorize, maintain, and enhance the recreational use of the land included in the recreation area, including motorized recreation, hiking, camping, mountain biking, sightseeing, and horseback riding, as long as such recreational use is consistent with this section and other applicable law.

(2) Off-road and motorized recreation

Motorized recreation shall be a prescribed use within the South Cow Mountain OHV Management Area, occurring only on roads and trails designated by the Secretary for such use, except as needed for administrative purposes or to respond to an emergency. Nothing in this paragraph shall be construed as precluding the Secretary from closing any trail or route from use for purposes of resource protection or public safety.

(3) Mountain biking

Mountain biking shall be a prescribed use within the recreation area, occurring only on roads and trails designated by the Secretary for such use. Nothing in this paragraph shall be construed as precluding the Secretary from closing any trail or route from use for purposes of resource protection or public safety.

(e) Access to private property

The Secretary of the Interior shall provide any owner of private property within the boundaries of the recreation area adequate access to the property to ensure the reasonable use and enjoyment of the property by the owner.

(f) Land acquisition
(1) Acquisition from willing persons only

The Secretary of the Interior may acquire lands or interests in lands in the recreation area only by—

(A)

donation;

(B)

exchange with a willing party, as expressed in a written agreement between the Secretary and the party; or

(C)

purchase from a willing seller, as expressed in a written agreement between the Secretary and the seller.

(2) Administration of acquired lands

Lands or interests in lands within or adjacent to the boundaries of the recreation area that are acquired by the Bureau of Land Management, and title or possession of which is vested in the United States after October 17, 2006, shall be managed by the Secretary as part of the recreation area.

(g) Adjacent management

Nothing in this section creates protective perimeters or buffer zones around the recreation area.

Source credit: (Pub. L. 109–362, § 9, Oct. 17, 2006, 120 Stat. 2071.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-362 · 120 Stat. 2071

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-362 on 2006-10-17.

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