
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC539g]

 
                         TITLE 16--CONSERVATION
 
                       CHAPTER 2--NATIONAL FORESTS
 
             SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
 
Sec. 539g. Kings River Special Management Area


(a) Establishment

    In order to provide for public outdoor recreation use and enjoyment 
of certain areas within the Sierra National Forest and the Sequoia 
National Forest, to protect those areas' natural, archaeological, and 
scenic resources, and to provide for appropriate fish and wildlife 
management of those areas, there is hereby established the Kings River 
Special Management Area (hereinafter in this Act referred to as the 
``special management area''). The special management area shall be 
administered by the Secretary of Agriculture (hereinafter in this Act 
referred to as ``the Secretary'') through the Sierra National Forest.

(b) Area included

    The special management area shall consist of the lands, waters, and 
interests therein within the area generally depicted on the map entitled 
``Boundary Map, Kings River Special Management Area'', dated April 1987. 
The map shall be on file and available for public inspection in the 
offices of the National Forest Service, Department of Agriculture. The 
Secretary of Agriculture may from time to time make minor revisions of 
the boundary of the special management area.

(c) Administration

    The Secretary shall administer the special management area in 
accordance with this Act and with the provisions of law generally 
applicable to units of the National Forest System. In the case of any 
conflict between the provisions of such Acts, the provisions of this Act 
shall govern. In the administration of the special management area the 
Secretary may utilize such statutory authority as may be available to 
him for the conservation of wildlife and natural resources as he deems 
necessary to carry out the purposes of this Act. Nothing in this Act 
shall be construed to prohibit grazing within the special management 
area to the same extent, and in accordance with the same rules and 
regulations as applicable in the absence of this Act. The Secretary may 
permit the cutting of timber within the special management area only in 
those cases where in the judgment of the Secretary the cutting of such 
timber is required in order to control the attacks of fire, insects, or 
diseases or to otherwise conserve the scenery or the natural or 
historical objects in the area.

(d) Mining and mineral leasing

    Subject to valid existing rights, lands within the special 
management area are withdrawn from location, entry, and patent under the 
mining laws of the United States, from the operation of the mineral 
leasing laws of the United States and from operation of the Geothermal 
Steam Act of 1970 [30 U.S.C. 1001 et seq.].

(e) Hunting and fishing

    The Secretary shall permit hunting and fishing on lands and waters 
within the special management area in accordance with applicable Federal 
and State law. The Secretary may designate zones where, and establish 
periods when, such activities will not be permitted for reasons of 
public safety, administration, fish and wildlife management or public 
use and enjoyment. Except in emergencies, regulations issued by the 
Secretary under this subsection shall be put into effect only after 
consultation with the appropriate State agencies responsible for hunting 
and fishing activities.

(f) Management plan

    After consultation with the State of California, the Secretary shall 
publish a management plan for the special management area within three 
years after November 3, 1987. The plan shall provide for public outdoor 
recreation use and enjoyment of the special management area, protect the 
area's natural, archeological, and scenic resources, and provide for 
appropriate fish and wildlife management within the area. The plan shall 
contain provisions for management of vegetation within the area designed 
to enhance the wildlife carrying capacity of the area. The plan shall 
permit off-road vehicular use of off-road trails to the same extent and 
in the same locations as was permitted before November 3, 1987. The plan 
shall provide for the development of hiking trails in the special 
management area and shall include a trail from Garlic Creek to Little 
Tehipite Valley.

(g) Access to private lands

    If any State or privately owned land or any valid mining claim or 
other valid occupancy is within the special management area, or if State 
or private subsurface rights underlie public lands within the special 
management area, the Secretary shall provide the State or private owner, 
claimant, or occupier and their successors in interest such rights as 
may be necessary to assure adequate and feasible access for economic and 
other purposes to the site concerned. Such rights shall be subject to 
reasonable regulations issued by the Secretary to protect the natural 
and other values of the special management area, taking into account the 
traditional and customary means of access used prior to November 3, 
1987.

(h) Specific protections

    In recognition of the dispute that exists over whether a dam project 
should be constructed in the segment of the Main Stem of the Kings River 
from the point at elevation 1,595 feet above mean sea level downstream 
to the point at elevation 990 feet above mean sea level, Congress 
declares its intention at this time not to designate that segment of the 
Kings River as a component of the Wild and Scenic Rivers System. 
Notwithstanding any other provision of law, no Federal lands may be used 
for the construction of any dam or diversion within the boundaries of 
the special management area without specific authority of the Congress. 
In order to protect the natural, cultural, recreational, fishery, and 
wildlife values of the river segment referred to in this subsection, 
that segment shall be subject to the provisions of section 1278(a) of 
this title, in the same manner as if it were designated. Nothing in this 
Act shall preclude the Kings River Conservation District from conducting 
studies as it may deem appropriate.

(Pub. L. 100-150, Sec. 2, Nov. 3, 1987, 101 Stat. 881.)

                       References in Text

    This Act, referred to in subsecs. (a), (c), and (h), is Pub. L. 100-
150, Nov. 3, 1987, 101 Stat. 881, which enacted this section and amended 
section 1274 of this title. For complete classification of this Act to 
the Code, see Tables.
    The mining laws and the mineral leasing laws of the United States, 
referred to in subsec. (d), are classified generally to Title 30, 
Mineral Lands and Mining.
    The Geothermal Steam Act of 1970, referred to in subsec. (d), is 
Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, as amended, which is 
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1001 of Title 30 and Tables.
