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(continued)
Sec. 460vv-3. Administration

-STATUTE-
Subject to valid existing rights, each wilderness area designated
by section 460vv-1 of this title shall be administered by the
Secretary of Agriculture in accordance with the provisions of the
Wilderness Act of 1964 [16 U.S.C. 1131 et seq.] governing areas
designated by that Act as wilderness areas, except that with
respect to any area designated in section 460vv-1 of this title,
any reference in such provisions to the effective date of the
Wilderness Act of 1964 shall be deemed to be a reference to the
effective date of this subchapter.

-SOURCE-
(Pub. L. 100-499, Sec. 5, Oct. 18, 1988, 102 Stat. 2492.)

-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act of 1964, referred to in text, probably means
the Wilderness Act, 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 effective date of the Wilderness Act of 1964, referred to in
text, means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.
The effective date of this subchapter, referred to in text, means
Oct. 18, 1988, the date of enactment of Pub. L. 100-499, which
enacted this subchapter.

-End-



-CITE-
16 USC Sec. 460vv-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-4. Wilderness review

-STATUTE-
(a) Findings
The Congress finds that -
(1) the Department of Agriculture has completed the second
roadless area review and evaluation program (RARE II); and
(2) the Congress has made its own review and examination of
National Forest System roadless areas in Oklahoma and of the
environmental impacts associated with alternative allocations of
such areas.
(b) Congressional determination and direction
On the basis of such review, the Congress hereby determines and
directs that -
(1) without passing on the questions of the legal and factual
sufficiency of the RARE II Final Environmental Impact Statement
(dated January 1979) with respect to National Forest System lands
in States other than Oklahoma, such statement shall not be
subject to judicial review with respect to National Forest System
lands in the State of Oklahoma;
(2) with respect to the National Forest System lands in the
State of Oklahoma which were reviewed by the Department of
Agriculture in the second roadless area review and evaluation
(RARE II) and those lands referred to in subsection (d) of this
section, that review and evaluation or reference shall be deemed
for the purposes of the initial land management plans required
for such lands by the Forest and Rangeland Renewable Resources
Planning Act of 1974 [16 U.S.C. 1600 et seq.], as amended by the
National Forest Management Act of 1976, to be an adequate
consideration of the suitability of such lands for inclusion in
the National Wilderness Preservation System and the Department of
Agriculture shall not be required to review the wilderness option
prior to the revision of the plans, but shall review the
wilderness option when the plans are revised, which revisions
will ordinarily occur on a ten-year cycle, or at least every
fifteen years, unless, prior to such time the Secretary of
Agriculture finds that conditions in a unit have significantly
changed;
(3) areas in the State of Oklahoma reviewed in such final
environmental statement or referenced in subsection (d) of this
section and not designated wilderness upon enactment of this
subchapter shall be managed for multiple use in accordance with
land management plans pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C.
1604], as amended by the National Forest Management Act of 1976,
except that such areas need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of the initial land management plans;
(4) in the event that revised land management plans in the
State of Oklahoma are implemented pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 [16
U.S.C. 1604], as amended by the National Forest Management Act of
1976, and other applicable law, areas not recommended for
wilderness designation need not be managed for the purpose of
protecting their suitability for wilderness designation prior to
or during revision of such plans, and areas recommended for
wilderness designation shall be managed for the purpose of
protecting their suitability for wilderness designation as may be
required by the Forest and Rangeland Renewable Resources Planning
Act of 1974 [16 U.S.C. 1600 et seq.], as amended by the National
Forest Management Act of 1976, and other applicable law; and
(5) unless expressly authorized by Congress, the Department of
Agriculture shall not conduct any further statewide roadless area
review and evaluation of the National Forest System lands in the
State of Oklahoma for the purpose of determining their
suitability for inclusion in the National Wilderness Preservation
System.
(c) Use of term
As used in this section, and as provided in section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 [16
U.S.C. 1604], as amended by the National Forest Management Act of
1976, the term "revision" shall not include an "amendment" to a
plan.
(d) Application of provisions
The provisions of this section shall also apply to:
(1) those National Forest System roadless lands in the State of
Oklahoma in the Ouachita National Forest which were evaluated in
the Rich Mountain and Beech Creek unit plans; and
(2) National Forest System roadless lands in the State of
Oklahoma which are less than five thousand acres in size.

-SOURCE-
(Pub. L. 100-499, Sec. 6, Oct. 18, 1988, 102 Stat. 2493.)

-REFTEXT-
REFERENCES IN TEXT
The Forest and Rangeland Renewable Resources Planning Act of
1974, referred to in subsec. (b)(2), (4), 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.
The National Forest Management Act of 1976, referred to in
subsecs. (b)(2)-(4) and (c), is Pub. L. 94-588, Oct. 22, 1976, 90
Stat. 2949, as amended, which enacted sections 472a, 521b, 1600,
and 1611 to 1614 of this title, amended sections 500, 515, 516,
518, 576b, and 1601 to 1610 of this title, repealed sections 476,
513, and 514 of this title, and enacted provisions set out as notes
under sections 476, 513, 528, 594-2, and 1600 of this title. For
complete classification of this Act to the Code, see Short Title of
1976 Amendment note set out under section 1600 of this title and
Tables.

-End-



-CITE-
16 USC Sec. 460vv-5 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-5. Adjacent management

-STATUTE-
Congress does not intend that designation of wilderness areas in
the State of Oklahoma lead to the creation of protective perimeters
or buffer zones around each wilderness area. The fact that
nonwilderness activities or uses can be seen or heard from areas
within the wilderness shall not, of itself, preclude such
activities or uses up to the boundary of the wilderness area.

-SOURCE-
(Pub. L. 100-499, Sec. 7, Oct. 18, 1988, 102 Stat. 2494.)

-End-



-CITE-
16 USC Sec. 460vv-6 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-6. Winding Stair Mountain National Recreation Area

-STATUTE-
(a) Establishment
In order to ensure the conservation and protection of certain
natural, scenic, historic, pastoral, and fish and wildlife values
and to provide for the enhancement of the recreational values
associated therewith, there is hereby established the Winding Stair
Mountain National Recreation Area located in the Ouachita National
Forest, Oklahoma.
(b) Area included
The Winding Stair Mountain National Recreation Area (hereafter in
this subchapter referred to as the "recreation area") shall
comprise approximately 26,445 acres as generally depicted on the
map entitled "Winding Stair Mountain National Recreation Area -
Proposed", dated March 1988, which shall be on file and available
for public inspection in the Office of the Chief, Forest Service,
Department of Agriculture.
(c) Maps and description
The Secretary of Agriculture (hereinafter in this section
referred to as the "Secretary") shall, as soon as practicable after
October 18, 1988, file a map and a legal description of the
recreation area with the Committee on Interior and Insular Affairs
and the Committee on Agriculture of the United States House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the United States Senate and each such map and legal
description shall have the same force and effect as if included in
this subchapter; except that correction of clerical and
typographical errors in such legal description and map may be made.
The map and legal description shall be on file and available for
public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
(d) Administration
The Secretary shall administer the recreation area in accordance
with the laws, rules and regulations applicable to the national
forests in such manner as will best further the purposes of this
section, as set forth in subsection (a) of this section. Management
and utilization of natural resources within the recreation area
shall be permitted to the extent such management and utilization is
compatible with and does not impair the purposes for which the
recreation area is established.
(e) Timber management
Any sales of timber from within the recreation area shall be
designed so as to not detract from the scenic values of the
recreation area. Management practices that would detract from the
scenic quality and natural beauty within view from the Talimena
Drive or the Holson Valley Road shall not be conducted in the
recreation area. Unevenaged timber management shall be the timber
management practice in the recreation area, except that the
Secretary may use evenaged management practices in order to promote
public safety, mitigate the effects of fire, insects, and disease,
or allow scenic vistas and recreational development or if such
practices result in irregular cuts behind geographic barriers
blocking the view from the Talimena Drive and the Holson Valley
Road.

-SOURCE-
(Pub. L. 100-499, Sec. 8, Oct. 18, 1988, 102 Stat. 2494.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460vv-7 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-7. Botanical areas

-STATUTE-
(a) Designation
In order to protect and interpret to the public area within the
Ouachita National Forest which contain unique plant species and
unique plant communities that are significant in their occurrence,
variety and location, the following lands are hereby designated as
botanical areas:
(1) Certain lands in the Ouachita National Forest, Oklahoma,
which comprise approximately eight thousand and twenty-six acres
as generally depicted on a map entitled "Robert S. Kerr Memorial
Arboretum, Nature Center and Botanical Area - Proposed", dated
March 1988, which shall be known as the "Robert S. Kerr Memorial
Arboretum, Nature Center and Botanical Area".
(2) Certain lands in the Ouachita National Forest, Oklahoma,
which comprise approximately four hundred acres as generally
depicted on a map entitled "Beech Creek Botanical Area -
Proposed", dated March 1988, which shall be known as the "Beech
Creek Botanical Area".
(b) Map and description
The Secretary of Agriculture shall, as soon as practicable after
October 18, 1988, file a map and a legal description of the
botanical areas with the Committee on Interior and Insular Affairs
and the Committee on Agriculture of the United States House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the United States Senate. Each such map and legal
description shall have the same force and effect as if included in
this subchapter; except that correction of clerical and
typographical errors in such legal description and map may be made.
The map and legal description shall be on file and available for
public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
(c) Administration
The Secretary shall administer the botanical areas in accordance
with the laws, rules and regulations applicable to the national
forests in such manner as will best further the purposes of this
section, as set forth in subsection (a) of this section. Except as
provided in section 460vv-14 of this title, vegetative
manipulation, including the cutting of trees, shall be permitted in
such areas only when necessary for the protection and
interpretation of the unique plant species and unique plant
communities within the area. The Secretary may permit expansion of
roads, improvements, and other facilities in the vicinity of the
Robert S. Kerr Nature Center.

-SOURCE-
(Pub. L. 100-499, Sec. 9, Oct. 18, 1988, 102 Stat. 2495.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460vv-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-8. Indian Nations National Scenic and Wildlife Area

-STATUTE-
(a) Designation
In order to protect and enhance certain scenery and wildlife
within the Ouachita National Forest, Oklahoma, certain lands within
such national forest, as generally depicted on a map entitled
"Indian Nations National Scenic and Wildlife Area - Proposed",
dated March 1988, are hereby designated as the "Indian Nations
National Scenic and Wildlife Area" (hereinafter in this subchapter
referred to as the "national scenic and wildlife area").
(b) Map and description
The Secretary of Agriculture (hereinafter in this section
referred to as the "Secretary") shall, as soon as practicable after
October 18, 1988, file a map and a legal description of the
national scenic and wildlife area with the Committee on Interior
and Insular Affairs and the Committee on Agriculture of the United
States House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the United States Senate. Each such map
and legal description shall have the same force and effect as if
included in this subchapter; except that correction of clerical and
typographical errors in such legal description and map may be made.
The map and legal description shall be on file and available for
public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
(c) Administration
The Secretary shall administer the national scenic and wildlife
area in accordance with the laws, rules and regulations applicable
to the national forests in such manner as will best further the
purposes of this section, as set forth in subsection (a) of this
section. Management practices within the national scenic and
wildlife area that would detract from the scenic quality and
natural beauty of the Talimena Drive and Holson Valley Road
viewsheds shall be prohibited. Timber management practices within
the national scenic and wildlife area shall promote a mixed
hardwood and conifer forest with species and age class diversity
approximating natural succession and with significant mast
production and den trees for wildlife. Unevenaged timber management
shall be the timber management practice in the national scenic and
wildlife area, except that the Secretary may use evenaged
management practices in order to promote public safety, mitigate
the effects of fire, insects, and disease, or if such practices
result in irregular cuts behind geographic barriers blocking the
view from the Talimena Drive and the Holson Valley Road.

-SOURCE-
(Pub. L. 100-499, Sec. 10, Oct. 18, 1988, 102 Stat. 2496.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460vv-9 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-9. Beech Creek National Scenic Area

-STATUTE-
(a) Designation
In order to protect and enhance certain scenery and wildlife
within the Ouachita National Forest, Oklahoma, certain lands within
such national forest, as generally depicted on a map entitled
"Beech Creek National Scenic Area - Proposed", dated March 1988,
are hereby designated as the "Beech Creek National Scenic Area"
(hereinafter in this subchapter referred to as the "national scenic
area").
(b) Map and description
The Secretary of Agriculture (hereinafter in this section
referred to as the "Secretary") shall, as soon as practicable after
October 18, 1988, file a map and a legal description of the
national scenic area with the Committee on Interior and Insular
Affairs and the Committee on Agriculture of the United States House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the United States Senate. Each such map and legal
description shall have the same force and effect as if included in
this subchapter; except that correction of clerical and
typographical errors in such legal description and map may be made.
The map and legal description shall be on file and available for
public inspection in the Office of the Chief of the Forest Service,
Department of Agriculture.
(c) Administration
The Secretary shall administer the national scenic area in
accordance with the laws, rules, and regulations applicable to the
national forests in such manner as will best further the purposes
of this section, as set forth in subsection (a) of this section.
Timber management practices within the area shall promote a mixed
hardwood and conifer forest with species and age class diversity
approximating natural succession and with significant mast
production and den trees for wildlife. Unevenaged management shall
be the timber management practice in the area, except that the
Secretary is authorized to use evenaged management practices in
order to promote public safety or to mitigate the effects of fire,
insects, and disease.

-SOURCE-
(Pub. L. 100-499, Sec. 11, Oct. 18, 1988, 102 Stat. 2496.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460vv-10 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-10. Nomenclature

-STATUTE-
The wilderness areas, the national recreation area, the national
scenic and wildlife area, the national scenic area, and the
botanical areas designated in this subchapter shall be referred to
as the "Winding Stair Mountain National Recreation and Wilderness
Area".

-SOURCE-
(Pub. L. 100-499, Sec. 12, Oct. 18, 1988, 102 Stat. 2497.)

-End-



-CITE-
16 USC Sec. 460vv-11 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-11. Timber management report

-STATUTE-
The Secretary of Agriculture shall submit to the Committee on
Natural Resources and the Committee on Agriculture of the United
States House of Representatives and the Committee on Energy and
Natural Resources and the Committee on Agriculture, Nutrition, and
Forestry of the United States Senate a report on the timber
management program on those lands of the Ouachita National Forest
located in Le Flore County, Oklahoma, each year after October 18,
1988, for a period of 20 years. Each such report shall include
information on timber management practices, sale preparation,
harvest levels, reforestation, forest pest and damage problems,
multiple use mitigation practices, including wildlife enhancement,
recreation, protection of scenery, vegetation conversion, roads,
and vegetative cover along streams, roads and trails. The report
shall also include an economic impact statement of the Ouachita
National Forest in Le Flore County, Oklahoma, on the timber
industry and the tourism and recreation industry.

-SOURCE-
(Pub. L. 100-499, Sec. 13, Oct. 18, 1988, 102 Stat. 2497; Pub. L.
103-437, Sec. 6(d)(20), Nov. 2, 1994, 108 Stat. 4584.)


-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Natural Resources" for
"Interior and Insular Affairs" after "Committee on".

-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.

-End-



-CITE-
16 USC Sec. 460vv-12 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-12. Advisory committee

-STATUTE-
Pursuant to the Federal Advisory Committee Act (Public Law
92-463), no later than 90 days after October 18, 1988, the
Secretary is directed to establish an advisory committee for
Ouachita National Forest lands in Le Flore County, Oklahoma. The
Committee's purpose shall be advisory in nature and the Committee
shall provide information and recommendations to the Secretary
regarding the operation of the Ouachita National Forest in Le Flore
County. The Committee shall be composed of representatives from the
local area in which the Ouachita National Forest is located equally
divided among conservation, timber, fish and wildlife, tourism and
recreation, and economic development interests.

-SOURCE-
(Pub. L. 100-499, Sec. 14, Oct. 18, 1988, 102 Stat. 2497.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in text, is Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.


-MISC1-
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a committee
established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
committee established by the Congress, its duration is otherwise
provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460vv-13 of this title.

-End-



-CITE-
16 USC Sec. 460vv-13 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-13. Planning

-STATUTE-
(a) Forest management plan
The Secretary shall amend the Ouachita National Forest land and
resource management plan to include provisions regarding the
wilderness areas, the botanical areas, the national recreation
area, the national scenic and wildlife area, and the national
scenic area designated by this subchapter. The amendment shall
further the purposes for these areas as specified in this
subchapter and shall be developed in accordance with the provisions
of the National Forest Management Act, including provisions for
public involvement. The Secretary shall consult with the local
advisory committee established under section 460vv-12 of this title
regarding the development and implementation of the amendment
required under this subsection.
(b) Tourism and recreation
The plan shall include a section with provisions to promote
tourism and recreation in ways consistent with the purposes for
which the wilderness areas, the botanical areas, the national
recreation area, the national scenic and wildlife area and the
national scenic area are designated.
(c) Local advisory group
No later than 90 days after October 18, 1988, the Secretary shall
designate a special advisory group from the local area in which the
Ouachita National Forest is located to assist in the preparation of
the tourism and recreation section of the amendment as required
under subsection (b) of this section. The Secretary shall request
the group to submit to the Secretary, within 12 months after its
designation as an advisory group, a draft for such section. No
later than 90 days after receiving such draft, the Secretary shall
make any revisions and provide them to the group for review. The
Secretary shall allow at least 60 days for the group to submit to
the Secretary its comments on the revisions. The Secretary shall
attempt to resolve any differences prior to his approval or
disapproval of the amendment to the forest plan.
(d) Authorization of appropriations
There are hereby authorized to be appropriated not to exceed
$15,000,000 for tourism and recreation improvements related to the
Winding Stair Mountain National Recreation and Wilderness Area in
Ouachita National Forest in Le Flore County, Oklahoma.
(e) Implementation
The Secretary is authorized and encouraged to seek local
nonprofit entities and the private sector for development of
tourism and recreation initiatives in implementing the tourism and
recreation section of the plan.

-SOURCE-
(Pub. L. 100-499, Sec. 15, Oct. 18, 1988, 102 Stat. 2498.)

-REFTEXT-
REFERENCES IN TEXT
The National Forest Management Act, referred to in subsec. (a),
probably means the National Forest Management Act of 1976, Pub. L.
94-588, Oct. 22, 1976, 90 Stat. 2949, as amended, which enacted
sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended
sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title,
repealed sections 476, 513, and 514 of this title, and enacted
provisions set out as notes under sections 476, 513, 528, 594-2,
and 1600 of this title. For complete classification of this Act to
the Code, see Short Title of 1976 Amendment note set out under
section 1600 of this title and Tables.


-MISC1-
TERMINATION OF ADVISORY GROUPS
Advisory groups established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a group
established by the President or an officer of the Federal
Government, such group is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a group
established by the Congress, its duration is otherwise provided for
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.

-End-



-CITE-
16 USC Sec. 460vv-14 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-14. Fire, insect, and disease

-STATUTE-
Nothing in this subchapter shall preclude the Secretary of
Agriculture from carrying out such measures in the recreation area,
the national scenic and wildlife area, the national scenic area, or
in the botanical areas established by this subchapter as the
Secretary, in his discretion, deems necessary in the event of fire,
or infestation of insects or disease or for public health and
safety. As provided in section 1133(d)(1) of this title, the
Secretary may take such measures as may be necessary to control
fire, insects, and diseases within the wilderness areas designated
by this subchapter.

-SOURCE-
(Pub. L. 100-499, Sec. 16, Oct. 18, 1988, 102 Stat. 2498.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460vv-7 of this title.

-End-



-CITE-
16 USC Sec. 460vv-15 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-15. Grazing

-STATUTE-
Subject to such limitations, conditions, or regulations as he may
prescribe, the Secretary of Agriculture shall permit grazing on
lands within the Ouachita National Forest, Le Flore County,
Oklahoma.

-SOURCE-
(Pub. L. 100-499, Sec. 17, Oct. 18, 1988, 102 Stat. 2499.)

-End-



-CITE-
16 USC Sec. 460vv-16 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-16. Fishing and wildlife

-STATUTE-
Nothing in this subchapter shall be construed as affecting the
jurisdiction or responsibilities of the State with respect to
wildlife and fish in the areas designated by this subchapter.

-SOURCE-
(Pub. L. 100-499, Sec. 18, Oct. 18, 1988, 102 Stat. 2499.)

-End-



-CITE-
16 USC Sec. 460vv-17 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-17. Permits

-STATUTE-
The Secretary shall cooperate with other Federal agencies, with
State and local public agencies and bodies, and with private
individuals and organizations in the issuance of permits for
facilities, services, and recreational facilities in the Winding
Stair Mountain National Recreation and Wilderness Area. In issuing
such permits, the Secretary is authorized and encouraged to
consider local nonprofit entities and the private sector.

-SOURCE-
(Pub. L. 100-499, Sec. 19, Oct. 18, 1988, 102 Stat. 2499.)

-End-



-CITE-
16 USC Sec. 460vv-18 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-18. Land acquisition

-STATUTE-
(a) Authority
The Secretary of Agriculture is authorized to acquire by
donation, purchase with donated or appropriated funds, or exchange,
any lands or interests therein, which the Secretary determines are
needed to establish and manage the Winding Stair Mountain National
Recreation and Wilderness Area.
(b) Offers
In exercising the authority conferred by this section to acquire
lands, the Secretary of Agriculture shall give prompt and careful
consideration to any offer made by an individual owning any land,
or interest in land, within the Winding Stair Mountain National
Recreation and Wilderness Area. In considering any such offer, the
Secretary shall take into consideration any hardship to the owner
which might result from any undue delay in acquiring the property.
(c) Additional facilities
The Secretary of Agriculture may acquire sites at locations
outside such boundaries of the Winding Stair Mountain National
Recreation and Wilderness Area, as he determines necessary, for
visitor orientation and the establishment of a lodge and additional
facilities to enhance the quality of the area.
(d) Additional lands
Notwithstanding the limitations contained in section 460l-9(a)(1)
of this title, the Secretary of Agriculture may acquire by
purchase, exchange, donation or otherwise any right, title, and
interest in lands in Le Flore County, Oklahoma, which are outside
the boundaries of the Ouachita National Forest. No such right,
title or interest may be acquired without the consent of the owner
thereof. All lands and interests therein acquired under this
subsection shall be administered by the Secretary of Agriculture in
accordance with the Act of March 1, 1911, commonly referred to as
the Weeks Act (36 Stat. 961) and in accordance with the laws,
rules, and regulations generally applicable to units of the
national forest system. The Secretary of Agriculture shall extend
the boundaries of the Ouachita National Forest to include such
lands.

-SOURCE-
(Pub. L. 100-499, Sec. 20, Oct. 18, 1988, 102 Stat. 2499.)

-REFTEXT-
REFERENCES IN TEXT
Act of March 1, 1911, commonly referred to as the Weeks Law,
referred to in subsec. (d), is act Mar. 1, 1911, ch. 186, 36 Stat.
961, as amended, which is classified to sections 480, 500, 513 to
519, 521, 552, and 563 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
552 of this title and Tables.

-End-



-CITE-
16 USC Sec. 460vv-19 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-19. Acreages

-STATUTE-
The acreage specified in this subchapter is approximate and in
the event of discrepancies between cited acreage and the lands
depicted on reference maps, the maps shall control.

-SOURCE-
(Pub. L. 100-499, Sec. 21, Oct. 18, 1988, 102 Stat. 2500.)

-End-


-CITE-
16 USC SUBCHAPTER CVIII - GAULEY RIVER NATIONAL
RECREATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVIII - GAULEY RIVER NATIONAL RECREATION AREA

-HEAD-
SUBCHAPTER CVIII - GAULEY RIVER NATIONAL RECREATION AREA

-End-



-CITE-
16 USC Sec. 460ww 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVIII - GAULEY RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ww. Establishment

-STATUTE-
(a) In general
In order to protect and preserve the scenic, recreational,
geological, and fish and wildlife resources of the Gauley River and
its tributary, the Meadow River, there is hereby established the
Gauley River National Recreation Area (hereinafter in this Act
referrred (!1) to as the "recreation area").

(b) Area included
The recreation area shall consist of the land, waters, and
interests therein generally depicted on the boundary map entitled
"Gauley River National Recreation Area", numbered NRA-GR/20,000A
and dated July 1987 and on the boundary map depicting the Meadow
River, numbered WSR-MEA/20,000A and dated July 1988. The map shall
be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior.
(c) Boundary modifications
Within five years after October 26, 1988, the Secretary of the
Interior (hereinafter in this subchapter referred to as the
"Secretary") shall submit to the Committee on Natural Resources of
the United States House of Representatives and to the Committee on
Energy and Natural Resources of the United States Senate a report
containing any boundary modifications which the Secretary
recommends, together with the reasons therefor.

-SOURCE-
(Pub. L. 100-534, title II, Sec. 201, Oct. 26, 1988, 102 Stat.
2702; Pub. L. 103-437, Sec. 6(d)(21), Nov. 2, 1994, 108 Stat.
4584.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 100-534, Oct.
26, 1988, 102 Stat. 2699, known as the West Virginia National
Interest River Conservation Act of 1987, which enacted this
subchapter and sections 460m-26 to 460m-29 of this title, amended
sections 460m-15 and 1274 of this title, and enacted provisions set
out as notes under sections 460m-15 and 1274 of this title. For
complete classification of this Act to the Code, see Short Title of
1988 Amendment note set out under section 460m-15 of this title and
Tables.


-MISC1-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".

-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460ww-4 of this title.

-FOOTNOTE-
(!1) So in original. Should be "referred".


-End-



-CITE-
16 USC Sec. 460ww-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVIII - GAULEY RIVER NATIONAL RECREATION AREA

-HEAD-
Sec. 460ww-1. Administration

-STATUTE-
(a) In general
The recreation area shall be administered by the Secretary in
accordance with this Act and with the provisions of law generally
applicable to units of the National Park System, including sections
1, 2, 3, and 4 of this title.
(b) Hunting and fishing; fish stocking
The Secretary shall permit hunting, trapping and fishing on lands
and waters within the recreation area in accordance with applicable
Federal and State laws. The Secretary may, after consultation with
the State of West Virginia Department of Natural Resources,
designate zones where, and establish periods when, such activities
will not be permitted for reasons of public safety, administration,
fish and wildlife habitat or public use and enjoyment subject to
such terms and conditions as he deems necessary in the furtherance
of this Act. The Secretary shall permit the State of West Virginia
to undertake or continue fish stocking activities carried out by
the State in consultation with the Secretary on waters within the
boundaries of the recreation area. Nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
State of West Virginia with respect to fish and wildlife (!1)

(c) Cooperative agreements with State
In administering the recreation area the Secretary is authorized
to enter into cooperative agreements with the State of West
Virginia, or any political subdivision thereof, for the rendering,
on a reimbursable basis, of rescue, firefighting, and law
enforcement services and cooperative assistance by nearby law
enforcement and fire preventive agencies.
(d) Application of other provisions
The provisions of section 1278(a) of this title,(!2) shall apply
to the recreation area in the same manner and to the same extent as
such provisions apply to river segments referred to in such
provisions.

(e) Recreational access
(1) Existing public roads
The Secretary may enter into a cooperative agreement with the
State of West Virginia under which the Secretary shall be
authorized to maintain and improve existing public roads and
public rights-of-way within the boundaries of the national
recreation area to the extent necessary to facilitate and improve
reasonable access to the recreation area at existing access
points where such actions would not unreasonably diminish the
scenic and natural values of the area.
(2) Facilities adjacent to dam
In order to accommodate visitation to the recreation area, the
Secretary shall construct such facilities as necessary to enhance
and improve access, vehicle parking and related facilities, and
provide river access for whitewater recreation and for other
recreational activities, immediately downstream of the
Summersville Dam, to the extent that such facilities are not
provided pursuant to section 460ww-4 of this title and such
facilities are within the boundaries of the recreation area. Such
construction shall be subject to the memorandum of understanding
referred to in subsection (f) of this section.
(3) Other locations
In addition, in order to provide reasonable public access and
vehicle parking for public use and enjoyment of the recreation
area, consistent with the preservation and enhancement of the
natural and scenic values of the recreation area, the Secretary
may, with the consent of the owner thereof, acquire such lands
and interests in lands to construct such parking and related
facilities at other appropriate locations outside the boundaries
of, but within one mile of the recreation area as may be
necessary and appropriate. Any such lands shall be managed in
accordance with the management provisions for the recreation area
as defined in subsection (a) of this section.
(4) Access to river
(A) In order to facilitate public safety, use, and enjoyment of
the recreation area, and to protect, to the maximum extent
feasible, the scenic and natural resources of the area, the
Secretary is authorized and directed to acquire such lands or
interests in lands and to take such actions as are necessary to
provide access by noncommercial entities on the north side of the
Gauley River at the area known as Woods Ferry utilizing existing
roads and rights-of-way. Such actions by the Secretary shall
include the construction of parking and related facilities in the
vicinity of Woods Ferry for noncommercial use on lands acquired
pursuant to paragraph (3) or on lands acquired with the consent
of the owner thereof within the boundaries of the recreation
area.
(B) If necessary, in the discretion of the Secretary, in order
to minimize environmental impacts, including visual impacts,
within portions of the recreation area immediately adjacent to
the river, the Secretary may, by contract or otherwise, provide
transportation services for noncommercial visitors, at reasonable
cost, between such parking facilities and the river.
(C) Nothing in subparagraph (A) shall affect the rights of any
person to continue to utilize, pursuant to a lease in effect on
April 1, 1993, any right of way acquired pursuant to such lease
which authorizes such person to use an existing road referred to
in subparagraph (A). Except as provided under paragraph (2)
relating to access immediately downstream of the Summersville
project, until there is compliance with this paragraph the (continued)