
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: 16USC460oo]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
              SUBCHAPTER C--OREGON CASCADES RECREATION AREA
 
Sec. 460oo. Establishment


(a) In general

    In order to conserve, protect, and manage, in a substantially 
undeveloped condition, certain National Forest System lands in the State 
of Oregon having unique geographic, topographic, biological, ecological 
features and possessing significant scenic, wildlife, dispersed 
recreation, and watershed values, there is hereby established, within 
the Umpqua, Willamette, Winema and Deschutes National Forests, the 
Oregon Cascades Recreation Area (hereinafter referred to in this 
subchapter as the ``recreation area'').

(b) Administration

    The recreation area shall comprise approximately one hundred fifty-
six thousand nine hundred acres as generally depicted on a map entitled 
``Oregon Cascades Recreation Area'' dated March 1984. Except as 
otherwise provided in this section, the Secretary of Agriculture 
(hereinafter referred to as the ``Secretary'') shall administer and 
manage the recreation area in accordance with the laws and regulations 
applicable to the National Forest System so as to enhance scenic and 
watershed values, wildlife habitat, and dispersed recreation.

(c) Management plan

    The recreation area shall be managed in accordance with plans 
prepared in subsection (g) of this section to:
        (1) provide a range of recreation opportunities from primitive 
    to full service developed campgrounds;
        (2) provide access for use by the public;
        (3) to the extent practicable, maintain the natural and scenic 
    character of the area; and
        (4) provide for the use of motorized recreation vehicles.

(d) Mining

    (1) Subject to valid existing rights, all mining claims located 
within the recreation area shall be subject to such reasonable 
regulations as the Secretary may prescribe to insure that mining 
activities will, to the maximum extent practicable, be consistent with 
the purposes for which the recreation area is established. Any patent 
issued after June 26, 1984, shall convey title only to the minerals 
together with the right to use the surface of lands for mining purposes 
subject to such reasonable regulations as the Secretary shall prescribe.
    (2) Effective January 1, 1989, and subject to valid existing rights, 
the lands located within the recreation area are hereby withdrawn from 
all forms of appropriation under the mining laws and from disposition 
under all laws pertaining to the mineral leasing and geothermal leasing 
and all amendments thereto.

(e) Allowance of limited activities and facilities

    Within the recreation area, the Secretary may permit, under 
appropriate regulations those limited activities and facilities which he 
determines necessary for resource protection and management and for 
visitor safety and comfort, including--
        (1) those necessary to prevent and control wildfire, insects, 
    diseases, soil erosion, and other damaging agents including timber 
    harvesting activities necessary to prevent catastrophic mortality 
    from insects, diseases or fire;
        (2) those necessary to maintain or improve wildlife habitat, 
    water yield and quality, forage production, and dispersed outdoor 
    recreation opportunities;
        (3) livestock grazing, to the extent that such use will not 
    significantly adversely affect the resources of the recreation area;
        (4) salvage of major timber mortality caused by fire, insects, 
    disease, blowdown, or other causes when the scenic characteristics 
    of the recreation area are significantly affected, or the health and 
    safety of the public is threatened, or the overall protection of the 
    forested area inside or outside the recreation area might be 
    adversely affected by failure to remove the dead or damaged timber;
        (5) those developments or facilities necessary for the public 
    enjoyment and use of the recreation area, when such development or 
    facilities do not detract from the purposes of the recreation area; 
    and
        (6) public service land occupancies, including power 
    transmission lines, provided there is no feasible alternative 
    location, and, the Secretary finds that it is in the public interest 
    to locate such facilities within the recreation area.

(f) Wilderness lands

    The following lands within the recreation area are hereby designated 
as wilderness and therefore as components of the National Wilderness 
Preservation System, and shall, notwithstanding any other provisions of 
this section, be administered by the Secretary in accordance with the 
applicable provisions of the Wilderness Act [16 U.S.C. 1131 et seq.]: 
Certain lands in the Umpqua, Willamette, and Winema National Forests 
which comprise approximately fifty-five thousand one hundred acres, are 
generally depicted on a map dated March 1984, entitled ``Mount Thielsen 
Wilderness--Proposed'', and which shall be known as the Mount Thielsen 
Wilderness; and certain lands in the Willamette and Deschutes National 
Forests, which comprise approximately fifteen thousand seven hundred 
acres, are generally depicted on a map dated March 1984, entitled 
``Diamond Peak Wilderness Additions--Proposed'', and which are hereby 
incorporated in, and which shall be deemed to be a part of, the Diamond 
Peak Wilderness as designated in Public Law 88-577.

(g) Forest plans; integrated management plans

    Management direction for the recreation area shall be developed in 
either the forest plans developed for the Umpqua, Winema, Deschutes and 
Willamette Forests in accordance with section 6 of the Forest and 
Rangeland Renewable Resources Planning Act of 1974, as amended [16 
U.S.C. 1604], or in an integrated management plan that shall be prepared 
within three years from June 26, 1984, and revised in accordance with 
the Forest and Rangeland Renewable Resources Planning Act of 1974, as 
amended [16 U.S.C. 1600 et seq.]. Any plan developed by the Secretary 
for the recreation area shall identify and designate specific and 
appropriate areas and routes for the use of motorized recreation 
vehicles within the recreation area.

(Pub. L. 98-328, Sec. 4, June 26, 1984, 98 Stat. 275.)

                       References in Text

    This subchapter, referred to in subsec. (a), was in the original 
``the Act'', meaning Pub. L. 98-328, June 26, 1984, 98 Stat. 272, known 
as the Oregon Wilderness Act of 1984, which enacted this subchapter and 
provisions listed in a table of Wilderness Areas set out under section 
1132 of this title. For complete classification of this Act to the Code, 
see Tables.
    The mining laws and the mineral leasing laws, referred to in subsec. 
(d)(2), are classified generally to Title 30, Mineral Lands and Mining.
    Geothermal leasing laws, referred to in subsec. (d)(2), are 
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
    The Wilderness Act and Public Law 88-577, referred to in subsec. 
(f), are 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.
    The Forest and Rangeland Renewable Resources Planning Act of 1974, 
referred to in subsec. (g), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 
476, as amended, which is classified generally to subchapter I 
(Sec. 1600 et seq.) of chapter 36 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1600 of this title and Tables.


                         Map of Recreation Area

    Section 5(a) of Pub. L. 98-328 provided in part that as soon as 
practicable after June 6, 1984, the Secretary of Agriculture was to file 
the map referred to in this section with the Committee on Energy and 
Natural Resources, Senate, and the Committee on Interior and Insular 
Affairs, House of Representatives, and that such map would have the same 
force and effect as if included in this section: Provided, That 
correction of clerical and typographical errors in such map could be 
made. Such map was to be on file and available for public inspection in 
the Office of the Chief of the Forest Service, Department of 
Agriculture; and the Director, Bureau of Land Management, Department of 
the Interior.
