ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

16 U.S.C. § 539nCrystal Springs Watershed Special Resources Management Unit

submitted 17 years ago by Pub. L. 111-11 to r/title-16-CONSERVATION · 918 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates the Crystal Springs Watershed Special Resources Management Unit in Oregon after a specified land exchange. It directs management for clean drinking water and visitor enjoyment, allows certain forest-health work, and prohibits listed activities.

(1) Establishment. (A) After the land exchange under section 1206(a)(2) is complete, a special resources management unit is established in Oregon from specified Forest Service land shown generally on the June 2006 map. It is the “Crystal Springs Watershed Special Resources Management Unit,” called the “Management Unit” here. (B) National Forest System land covered by subparagraph (A) that section 1202 designates as wilderness is not included. (C)(i) Subject to valid rights existing on March 30, 2009, Management Unit Federal land is withdrawn from entry, appropriation, or disposal under public-land laws; location, entry, and patent under mining laws; and disposition under mineral, geothermal, and mineral-material leasing laws. (ii) The first withdrawal does not apply to the parcel marked “HES 151” on the map. (2) Purposes. The Unit must protect the quality and amount of the watershed as clean drinking water for Hood River County residents and let visitors enjoy its scenic, natural, cultural, and wildlife values. (3)(A) As soon as practical after March 30, 2009, the Secretary must file a map and legal description with the Senate Energy and Natural Resources Committee and House Natural Resources Committee. (B) The filed map and description have the same force as if written in this subtitle, but the Secretary may correct typographical errors. (C) They must be available for public inspection at proper Forest Service offices. (4)(A) The Secretary must administer the Unit under laws, regulations, and rules for National Forest System units and consistently with paragraph (2). Only uses consistent with paragraph (2) may be allowed. (B) To protect the Unit's water, scenic, cultural, natural, and wildlife values, the Secretary may reduce fuels and manage forest health to maintain or restore ecologically appropriate fire-resilient forests with large trees and several canopy levels: within 400 feet of structures on National Forest System or adjacent private land; within 400 feet of Cooper Spur Road, Cloud Cap Road, or Cooper Spur Ski Area Loop Road; and on other Unit National Forest land, prioritizing restoration of previously harvested stands, including removal of logging slash, small material, and ladder fuels. (5) Subject to valid existing rights, National Forest System land in the Unit may not have: (A) new roads or renovation of existing non-System roads, except as needed for public health and safety; (B) commercial-timber harvesting projects, except merchantable products produced incidentally by work furthering paragraph (2); (C) commercial livestock grazing; (D) new fuel-storage tanks; or (E) toxic chemicals, including pesticides, rodenticides, and herbicides, except as needed for paragraph (2) (fire retardants are excluded from this prohibition). (6)(A) The Secretary may close or gate any Unit Forest Service road to the general public. (B) This section does not require closing Cloud Cap Road, which remains governed by otherwise applicable law. (7)(A) This section does not affect private-property use or access within the mapped “Crystal Springs Zone of Contribution” by owners or their guests. (B) The Secretary is encouraged to work with cooperating private owners. (8)(A) The Secretary may buy, from willing owners, land within that Zone. (B) Acquired land becomes part of the Unit on acquisition.
the actual law source: uscode.house.gov ↗public domain
(1) Establishment
(A) In general

On completion of the land exchange under section 1206(a)(2),1 there shall be established a special resources management unit in the State consisting of certain Federal land managed by the Forest Service, as generally depicted on the map entitled “Crystal Springs Watershed Special Resources Management Unit”, dated June 2006 (referred to in this section as the “map”), to be known as the “Crystal Springs Watershed Special Resources Management Unit” (referred to in this section as the “Management Unit”).

(B) Exclusion of certain land

The Management Unit does not include any National Forest System land otherwise covered by subparagraph (A) that is designated as wilderness by section 1202.1

(C) Withdrawal
(i) In general

Subject to valid rights in existence on March 30, 2009, the Federal land designated as the Management Unit is withdrawn from all forms of—

(I)

entry, appropriation, or disposal under the public land laws;

(II)

location, entry, and patent under the mining laws; and

(III)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(ii) Exception

Clause (i)(I) does not apply to the parcel of land generally depicted as “HES 151” on the map.

(2) Purposes

The purposes of the Management Unit are—

(A)

to ensure the protection of the quality and quantity of the Crystal Springs watershed as a clean drinking water source for the residents of Hood River County, Oregon; and

(B)

to allow visitors to enjoy the special scenic, natural, cultural, and wildlife values of the Crystal Springs watershed.

(3) Map and legal description
(A) Submission of legal description

As soon as practicable after March 30, 2009, the Secretary shall file a map and a legal description of the Management Unit with—

(i)

the Committee on Energy and Natural Resources of the Senate; and

(ii)

the Committee on Natural Resources of the House of Representatives.

(B) Force of law

The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description.

(C) Public availability

The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(4) Administration
(A) In general

The Secretary shall—

(i)

administer the Management Unit—

(I)

in accordance with the laws (including regulations) and rules applicable to units of the National Forest System; and

(II)

consistent with the purposes described in paragraph (2); and

(ii)

only allow uses of the Management Unit that are consistent with the purposes described in paragraph (2).

(B) Fuel reduction in proximity to improvements and primary public roads

To protect the water quality, water quantity, and scenic, cultural, natural, and wildlife values of the Management Unit, the Secretary may conduct fuel reduction and forest health management treatments to maintain and restore fire-resilient forest structures containing late successional forest structure characterized by large trees and multistoried canopies, as ecologically appropriate, on National Forest System land in the Management Unit—

(i)

in any area located not more than 400 feet from structures located on—

(I)

National Forest System land; or

(II)

private land adjacent to National Forest System land;

(ii)

in any area located not more than 400 feet from the Cooper Spur Road, the Cloud Cap Road, or the Cooper Spur Ski Area Loop Road; and

(iii)

on any other National Forest System land in the Management Unit, with priority given to activities that restore previously harvested stands, including the removal of logging slash, smaller diameter material, and ladder fuels.

(5) Prohibited activities

Subject to valid existing rights, the following activities shall be prohibited on National Forest System land in the Management Unit:

(A)

New road construction or renovation of existing non-System roads, except as necessary to protect public health and safety.

(B)

Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted to further the purposes described in paragraph (2)).

(C)

Commercial livestock grazing.

(D)

The placement of new fuel storage tanks.

(E)

Except to the extent necessary to further the purposes described in paragraph (2), the application of any toxic chemicals (other than fire retardants), including pesticides, rodenticides, or herbicides.

(6) Forest road closures
(A) In general

Except as provided in subparagraph (B), the Secretary may provide for the closure or gating to the general public of any Forest Service road within the Management Unit.

(B) Exception

Nothing in this section requires the Secretary to close the road commonly known as “Cloud Cap Road”, which shall be administered in accordance with otherwise applicable law.

(7) Private land
(A) Effect

Nothing in this section affects the use of, or access to, any private property within the area identified on the map as the “Crystal Springs Zone of Contribution” by—

(i)

the owners of the private property; and

(ii)

guests to the private property.

(B) Cooperation

The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes of this section.

(8) Acquisition of land
(A) In general

The Secretary may acquire from willing landowners any land located within the area identified on the map as the “Crystal Springs Zone of Contribution”.

(B) Inclusion in Management Unit

On the date of acquisition, any land acquired under subparagraph (A) shall be incorporated in, and be managed as part of, the Management Unit.

Source credit: (Pub. L. 111–11, title I, § 1205(a), Mar. 30, 2009, 123 Stat. 1014.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-11 · 123 Stat. 1014

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-11 on 2009-03-30.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case