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16 U.S.C. § 539sFrank and Jeanne Moore Wild Steelhead Special Management Area

submitted 7 years ago by Pub. L. 116-9 to r/title-16-CONSERVATION · 808 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section designates about 99,653 Oregon acres as the Frank and Jeanne Moore Wild Steelhead Special Management Area. It sets conservation and recreation goals, preserves State fish-and-wildlife jurisdiction and tribal treaty rights, and withdraws specified land from listed forms of disposition.

(a) Findings. Congress finds that Frank Moore devoted his life to family, friends, his country, and fly fishing; served as a World War II veteran at Normandy and received the French Legion of Honor; returned home, raised a family, and fished Oregon rivers; ran the Steamboat Inn with Jeanne for nearly 20 years and shared their love of fishing, the river, and outdoors; spent most of his life fishing Oregon rivers and helped conserve fish habitat and river health, including through the Oregon Fish and Wildlife Commission; received the National Wildlife Federation Conservationist of the Year award, the Wild Steelhead Coalition Conservation Award, and induction into the Fresh Water Fishing Hall of Fame in 2010; and, in honor of his accomplishments, about 99,653 acres of Oregon Forest Service land should receive the designation in subsection (c)(1). (b) Definitions. “Map” means the June 23, 2016 map named “Frank Moore Wild Steelhead Special Management Area Designation Act.” “Secretary” means the Agriculture Secretary acting through the Forest Service Chief. “Special Management Area” means the area designated in subsection (c)(1). “State” means Oregon. (c) Area. (1) About 99,653 acres of Oregon Forest Service land generally shown on the Map are designated the “Frank and Jeanne Moore Wild Steelhead Special Management Area.” (2) As soon as practical after March 12, 2019, the Secretary must prepare a map and legal description. They have the force of this section, subject to correction of clerical or typographical errors, and must be available at proper Forest Service offices. (3) Subject to valid existing rights, the Secretary must administer the Area under National Forest System laws and in a way that conserves and enhances its natural character, scientific, botanical, recreational, ecological, fish-and-wildlife, scenic, drinking-water, and cultural values; maintains and seeks to improve wild salmonid habitat; maintains or improves its watershed as a thermal refuge for wild salmonids; and preserves primitive and other recreation opportunities. (4) This section does not affect State jurisdiction or responsibilities for Oregon fish and wildlife. (5) It creates no protective perimeter or buffer zone and does not change the Area's travel-management plan. (6) It does not prohibit the Secretary, working with appropriate Federal, State, and local agencies, from conducting consistent wildland-fire operations, including aircraft, machinery, mechanized equipment, firebreaks, backfires, and retardant. (7) It does not prohibit consistent vegetation-management projects under the purposes in paragraph (3) and the applicable forest plan. (8) It does not diminish an Indian Tribe's treaty rights. (9) Subject to valid existing rights, Federal land within the Area's river segments designated by paragraph (1) is withdrawn from entry, appropriation, or disposal under public-land laws; location, entry, and patent under mining laws; and disposition under mineral, geothermal, or mineral-material laws.
the actual law source: uscode.house.gov ↗public domain
(a) Findings

Congress finds that—

(1)

Frank Moore has committed his life to family, friends, his country, and fly fishing;

(2)

Frank Moore is a World War II veteran who stormed the beaches of Normandy along with 150,000 troops during the D-Day Allied invasion and was awarded the Chevalier of the French Legion of Honor for his bravery;

(3)

Frank Moore returned home after the war, started a family, and pursued his passion of fishing on the winding rivers in Oregon;

(4)

as the proprietor of the Steamboat Inn along the North Umpqua River in Oregon for nearly 20 years, Frank Moore, along with his wife Jeanne, shared his love of fishing, the flowing river, and the great outdoors, with visitors from all over the United States and the world;

(5)

Frank Moore has spent most of his life fishing the vast rivers of Oregon, during which time he has contributed significantly to efforts to conserve fish habitats and protect river health, including serving on the State of Oregon Fish and Wildlife Commission;

(6)

Frank Moore has been recognized for his conservation work with the National Wildlife Federation Conservationist of the Year award, the Wild Steelhead Coalition Conservation Award, and his 2010 induction into the Fresh Water Fishing Hall of Fame; and

(7)

in honor of the many accomplishments of Frank Moore, both on and off the river, approximately 99,653 acres of Forest Service land in the State of Oregon should be designated as the “Frank and Jeanne Moore Wild Steelhead Special Management Area”.

(b) Definitions

In this section:

(1) Map

The term “Map” means the map entitled “Frank Moore Wild Steelhead Special Management Area Designation Act” and dated June 23, 2016.

(2) Secretary

The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(3) Special Management Area

The term “Special Management Area” means the Frank and Jeanne Moore Wild Steelhead Special Management Area designated by subsection (c)(1).

(4) State

The term “State” means the State of Oregon.

(c) Frank and Jeanne Moore Wild Steelhead Special Management Area, Oregon
(1) Designation

The approximately 99,653 acres of Forest Service land in the State, as generally depicted on the Map, is designated as the “Frank and Jeanne Moore Wild Steelhead Special Management Area”.

(2) Map; legal description
(A) In general

As soon as practicable after March 12, 2019, the Secretary shall prepare a map and legal description of the Special Management Area.

(B) Force of law

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

(C) Availability

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

(3) Administration

Subject to valid existing rights, the Special Management Area shall be administered by the Secretary—

(A)

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

(B)

in a manner that—

(i)

conserves and enhances the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, and cultural values of the Special Management Area;

(ii)

maintains and seeks to enhance the wild salmonid habitat of the Special Management Area;

(iii)

maintains or enhances the watershed as a thermal refuge for wild salmonids; and

(iv)

preserves opportunities for recreation, including primitive recreation.

(4) Fish and wildlife

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.

(5) Adjacent management

Nothing in this section—

(A)

creates any protective perimeter or buffer zone around the Special Management Area; or

(B)

modifies the applicable travel management plan for the Special Management Area.

(6) Wildfire management

Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Special Management Area, consistent with the purposes of this section, including the use of aircraft, machinery, mechanized equipment, fire breaks, backfires, and retardant.

(7) Vegetation management

Nothing in this section prohibits the Secretary from conducting vegetation management projects within the Special Management Area in a manner consistent with—

(A)

the purposes described in paragraph (3); and

(B)

the applicable forest plan.

(8) Protection of tribal rights

Nothing in this section diminishes any treaty rights of an Indian Tribe.

(9) Withdrawal

Subject to valid existing rights, the Federal land within the boundaries of the Special Management Area river segments designated by paragraph (1) is withdrawn from all forms of—

(A)

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

(B)

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

(C)

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

Source credit: (Pub. L. 116–9, title I, § 1103, Mar. 12, 2019, 133 Stat. 605.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 116-9 · 133 Stat. 605

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-9 on 2019-03-12.

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