
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460bbb-3]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
         SUBCHAPTER CXIII--SMITH RIVER NATIONAL RECREATION AREA
 
Sec. 460bbb-3. Administration


(a) In general

    The Secretary shall administer the recreation area in accordance 
with this subchapter and the laws, rules, and regulations applicable to 
the National Forest System in furtherance of the purposes for which the 
recreation area was established. In administering the recreation area, 
the Secretary shall, consistent with the applicable area management 
emphasis provided under subsection (b) of this section, undertake the 
following:
        (1) Provide for a broad range of recreation uses and provide 
    recreational and interpretive services and facilities (including 
    trails and campgrounds) for the public.
        (2) Provide and maintain adequate public access, including 
    vehicular roads for general recreational activities such as camping, 
    hiking, hunting, and fishing.
        (3) Improve the anadromous fishery and water quality, including 
    (but not limited to) stabilizing landslides, improving fish spawning 
    and rearing habitat, and placing appropriate restrictions or 
    limitations on soil disturbing activities.
        (4) Permit the use of off-road vehicles only on designated 
    routes.
        (5) Provide for public health and safety and for the protection 
    of the recreation area in the event of fire or infestation of 
    insects or disease.
        (6) Permit programmed timber harvest only in those management 
    areas where timber harvest is specifically authorized by subsection 
    (b) of this section. Timber management in these areas shall 
    incorporate the use of strategies to reduce habitat fragmentation 
    and employ silvicultural prescriptions designed to maintain or 
    enhance biological diversity and wildlife habitats (such as 
    retention of standing green trees, snags, and other coarse woody 
    debris) by providing for a high level of structural and 
    compositional diversity in managed stands.
        (7) Permit removal of trees within streamside protection zones 
    along those rivers and river segments specified in section 460bbb-8 
    of this title only when necessary for human health and safety, to 
    maintain trails or existing roads, for the development of recreation 
    or other facilities, for the protection of the recreation area in 
    the event of fire, or to improve fish and wildlife habitat.
        (8) Consistent with applicable requirements of law, permit 
    removal of trees in those management areas where timber harvest is 
    not specifically authorized by subsection (b) of this section when 
    necessary for human health and safety, to maintain trails or 
    existing roads, for the development of recreation or other 
    facilities, for the protection of the recreation area in the event 
    of fire, or to improve fish and wildlife habitat. Timber damaged or 
    down in these areas as a result of fire, insects, disease, blowdown 
    or other natural events shall otherwise be retained in its natural 
    condition, with removal permitted only upon a written determination 
    by the Secretary, based upon written findings, that such removal is 
    necessary to provide for or maintain or enhance biological and 
    ecological diversity, without regard for the commodity value of the 
    timber. Such a decision shall not be delegable by the Secretary but 
    shall be subject to administrative appeal and judicial review.
        (9) Provide for the long-term viability and presence of Port-
    Orford-cedar and ensure its continued present economic and 
    noneconomic uses through implementation of management strategies 
    developed by the Forest Service.
        (10) Except where timber harvest is specifically authorized by 
    subsection (b) of this section protect, preserve, and increase old 
    growth forest habitat in the recreation area.
        (11) Provide for the restoration of landscapes damaged by past 
    human activity consistent with the purposes of this subchapter.
        (12) Develop a monitoring program to consistently gather water 
    quality, air quality, wildlife, and fisheries data from 
    representative Smith River subwatersheds.
        (13) Develop and implement a management plan to maintain, 
    protect, and promote habitat for native resident trout species in 
    the recreation area.
        (14) Cooperate with other Federal, State, and local government 
    agencies in coordinating planning efforts throughout the Smith River 
    watershed.

(b) Management areas

    (1) The recreation area shall contain eight management areas, as 
generally depicted on the map referred to in section 460bbb-2(b) of this 
title. The Secretary may, pursuant to section 460bbb-2(b) of this title, 
make minor revisions or amendments to the boundaries of the management 
areas.
    (2) The Secretary shall administer each management area within the 
recreation area in accordance with the following:
        (A) The management emphasis for the North Fork management area 
    shall be on back-country and whitewater recreation, while 
    recognizing unique botanic communities, outstanding whitewater, and 
    historic and scenic values.
        (B) The management emphasis for the Upper Middle Fork management 
    area shall be on providing and maintaining ecologic and biologic 
    diversity. Timber harvest shall be permitted, consistent with 
    subsection (a)(6) of this section, only in existing plantations.
        (C) The management emphasis for the Middle Fork-Highway 199 
    management area shall be on maintaining wildlife values and 
    providing for a full range of recreation uses, with particular 
    emphasis on the scenic and recreation values associated with the 
    Smith River, old growth redwoods, and California State Highway 199.
        (D) The management emphasis for the Upper South Fork management 
    area shall be on wild river and roadless back-country recreation.
        (E) The management emphasis for the Lower South Fork management 
    area shall be on maintaining and protecting natural scenic values in 
    the river canyon while providing for traditional and compatible 
    river sports, including white water rafting, angling, sightseeing, 
    and developed and dispersed recreation. Timber harvests based on 
    uneven-aged management with extended rotations shall be allowed 
    where consistent with protection of the scenic values of the 
    recreation area.
        (F) The management emphasis for the Lower Hurdygurdy Creek 
    management area shall be on maintenance of wildlife values while 
    providing rustic family and group recreation facilities for fishing, 
    swimming, hunting, and camping. Timber harvests based on uneven-aged 
    management with extended rotations shall be allowed where consistent 
    with protection of scenic and wildlife values.
        (G) The management emphasis for the prescribed timber management 
    area shall be on providing a sustained yield of wood products while 
    maintaining biological and ecological diversity.
        (H) The management of the Siskiyou Wilderness management area 
    shall be pursuant to the provisions of the Wilderness Act (16 U.S.C. 
    1131 et seq.). The Gasquet-Orleans Road corridor between the eastern 
    edge of section 36, T. 14 N., R. 3 E, and the corridor's eastern 
    terminus in the middle of section 26, T. 14 N., R. 4 E. shall be 
    added to the Siskiyou Wilderness.

(c) Wild and scenic rivers

    The river segments designated as wild and scenic rivers by the 
amendments made by section 10(b) of this Act shall be administered in 
accordance with this subchapter and the Wild and Scenic Rivers Act (16 
U.S.C. 1271 et seq.). In case of conflict between the provisions of 
these Acts, the more restrictive provision shall apply.

(Pub. L. 101-612, Sec. 5, Nov. 16, 1990, 104 Stat. 3210.)

                       References in Text

    The Wilderness Act (16 U.S.C. 1131 et seq.), referred to in subsec. 
(b)(2)(H), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, 
which is classified generally to chapter 23 (Sec. 1131 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 1131 of this title and Tables.
    Section 10(b) of this Act, referred to in subsec. (c), is section 
10(b) of Pub. L. 101-612, Nov. 16, 1990, 104 Stat. 3215, which amended 
section 1274 of this title.
    The Wild and Scenic Rivers Act, referred to in subsec. (c), is Pub. 
L. 90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is classified 
generally to chapter 28 (Sec. 1271 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1271 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 460bbb-8 of this title.
