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16 U.S.C. § 539kKelly Butte Special Management Area

submitted 28 years ago by Pub. L. 105-277 to r/title-16-CONSERVATION · 309 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Kelly Butte Special Management Area in Washington's Mt. Baker-Snoqualmie National Forest once certain land is transferred to the U.S. It bans commercial logging, road-building, and most motor vehicles. Mining and buffer zones around the area are also restricted.

(a) Establishment Once the Plum Creek offered lands in the Kelly Butte area are conveyed (transferred) to the United States, this section creates the Kelly Butte Special Management Area in the Mt. Baker-Snoqualmie National Forest, Washington — about 5,642 acres, shown on a map called "Kelly Butte Special Management Area," dated October 1998. (b) Management The Secretary manages the area under the laws, rules, and regulations generally applying to National Forest System land, plus these extra rules: 1. The area must be managed with special focus on (A) preserving its natural character and protecting and improving water quality in the upper Green River watershed, (B) allowing hunting and fishing, (C) providing chances for primitive and semi-primitive recreation and for scientific research and study, (D) protecting and growing populations of fish, wildlife, and native plants, and (E) allowing Native American peoples to continue traditional uses. 2. Commercial timber harvesting and road building are banned. 3. The area is closed to motor vehicles, except when necessary for administrative purposes or emergencies (including rescues) to protect public health and safety. 4. Subject to valid existing rights, the area is permanently withdrawn from all forms of entry and claims under U.S. mining laws and mineral leasing laws, including the Geothermal Steam Act of 1970. (c) No buffer zones Congress does not intend for creating the Kelly Butte Special Management Area to create protective buffer zones around it. The fact that incompatible activities can be seen or heard from inside the area does not, by itself, stop those activities from happening right up to the area's boundary.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

Upon conveyance to the United States of the Plum Creek offered lands in the Kelly Butte area, there is hereby established the Kelly Butte Special Management Area in the Mt. Baker-Snoqualmie National Forest, Washington, comprising approximately 5,642 acres, as generally depicted on a map entitled “Kelly Butte Special Management Area”, dated October 1998.

(b) Management

The Kelly Butte Special Management Area shall be managed by the Secretary in accordance with the laws, rules and regulations generally applicable to National Forest System lands, and subject to the following additional provisions:

(1)

the Area shall be managed with special emphasis on:

(A)

preserving its natural character and protecting and enhancing water quality in the upper Green River watershed;

(B)

permitting hunting and fishing;

(C)

providing opportunities for primitive and semi-primitive recreation and scientific research and study;

(D)

protecting and enhancing populations of fish, wildlife and native plant species; and

(E)

allowing for traditional uses by native American peoples;

(2)

commercial timber harvest and road construction shall be prohibited;

(3)

the Area shall be closed to the use of motor vehicles, except as may be necessary for administrative purposes or in emergencies (including rescue operations) to protect public health and safety; and

(4)

the Area shall, subject to valid existing rights, be permanently withdrawn from all forms of entry and appropriation under the U.S. mining laws and mineral leasing laws, including the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.].

(c) No buffer zones

Congress does not intend that the designation of the Kelly Butte Special Management Area lead to the creation of protective perimeters or buffer zones around the Area. The fact that non-compatible activities or uses can be seen or heard from within the Kelly Butte Special Management Area shall not, of itself, preclude such activities or uses up to the boundary of the Area.

Source credit: (Pub. L. 105–277, div. A, § 101(e) [title VI, § 611], Oct. 21, 1998, 112 Stat. 2681–231, 2681–334.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.

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