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(continued)
development on the 55 acres described in section 460aaa-6(b)(2) of
this title. It shall submit any such proposals to the Secretary for
approval, rejection, or revision. The Secretary shall include in
the management plan a development proposal submitted by the
Commission or arrived at by any other means available to the
Secretary.
(h) Termination
The Commission shall cease to exist on the date upon which the
management plan is adopted.

-SOURCE-
(Pub. L. 101-292, Sec. 8, May 17, 1990, 104 Stat. 189.)


-MISC1-
TERMINATION OF ADVISORY COMMISSIONS
Advisory commissions 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 commission
established by the President or an officer of the Federal
Government, such commission is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
commission 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. 460aaa-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
Sec. 460aaa-8. Authorization of appropriations

-STATUTE-
(a) Acquisition of lands
There are hereby authorized to be appropriated an amount not to
exceed $5,000,000 for the acquisition of land, interests in land,
or structures within the national recreation area and on the
mainland as needed for access and administrative facilities.
(b) Other purposes
In addition to the amounts authorized to be appropriated under
subsection (a) of this section, there are authorized to be
appropriated not more than $5,000,000 for development to carry out
the other purposes of this subchapter.

-SOURCE-
(Pub. L. 101-292, Sec. 9, May 17, 1990, 104 Stat. 190.)

-End-


-CITE-
16 USC SUBCHAPTER CXIII - SMITH RIVER NATIONAL RECREATION
AREA 01/19/04

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

-HEAD-
SUBCHAPTER CXIII - SMITH RIVER NATIONAL RECREATION AREA

-End-



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

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

-HEAD-
Sec. 460bbb. Findings

-STATUTE-
The Congress finds that -
(1) the Smith River, undammed and free-flowing from its
headwaters to the Pacific Ocean, represents one of the last
wholly intact vestiges of an invaluable legacy of wild and scenic
rivers;
(2) the Smith River watershed, from the diverse conifer forests
of the Siskiyou Mountains and unique botanical communities of the
North Fork serpentine to the ancient redwoods along the river's
lower reaches, exhibits a richness of ecological diversity
unusual in a basin of its size;
(3) the Smith River watershed's scenic beauty, renowned
anadromous fisheries, exceptional water quality, and abundant
wildlife combine with its ready accessibility to offer
exceptional opportunities for a wide range of recreational
activities, including wilderness, water sports, fishing, hunting,
camping, and sightseeing;
(4) careful development and utilization at mutually compatible
levels of recreation, fisheries, and timber resources on public
lands will ensure the continuation of the Smith River watershed's
historic role as a significant contributor to the region's local
economy; and
(5) protection of the Smith River's unique values can be
enhanced by a cooperative effort by Federal, State and local
governments to coordinate land-use planning, management, and
development of Federal and non-Federal lands throughout the
watershed.

-SOURCE-
(Pub. L. 101-612, Sec. 2, Nov. 16, 1990, 104 Stat. 3209.)


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 101-612 provided that: "Sections 1 through
14 of this Act [enacting this subchapter, amending section 1274 of
this title, and enacting provisions set out as a note under section
460bbb-7 of this title] may be cited as the 'Smith River National
Recreation Area Act'."

-End-



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

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

-HEAD-
Sec. 460bbb-1. Definitions

-STATUTE-
As used in this subchapter -
(1) the term "excluded area" means one of the four areas
specifically excluded from the recreation area, as generally
depicted on the map referred to in section 460bbb-2(b) of this
title;
(2) the term "forest plan" means the land and resource
management plan for the Six Rivers National Forest prepared
pursuant to section 1604 of this title;
(3) the term "recreation area" means the Smith River National
Recreation Area established by section 460bbb-2 of this title;
(4) the term "Secretary" means the Secretary of Agriculture;
and
(5) the term "inner gorge" means the inherently unstable steep
slope (65 percent gradient or more) immediately adjacent to the
stream or river channel, extending from the channel or recent
floodplain to the first significant break in slope (usually 15
percent or more).

-SOURCE-
(Pub. L. 101-612, Sec. 3, Nov. 16, 1990, 104 Stat. 3209.)

-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original "this
Act", meaning Pub. L. 101-612, Nov. 16, 1990, 104 Stat. 3209, which
is classified principally to this subchapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 460bbb of this title and Tables.

-End-



-CITE-
16 USC Sec. 460bbb-2 01/19/04

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

-HEAD-
Sec. 460bbb-2. Establishment

-STATUTE-
(a) In general
For the purposes of ensuring the preservation, protection,
enhancement, and interpretation for present and future generations
of the Smith River watershed's outstanding wild and scenic rivers,
ecological diversity, and recreation opportunities while providing
for the wise use and sustained productivity of its natural
resources, there is hereby established the Smith River National
Recreation Area.
(b) Boundaries
(1) The recreation area shall consist of those lands within the
area generally depicted on the map entitled "Proposed Smith River
National Recreation Area" and dated July 1990. The map shall be on
file and available for public inspection in the Office of the
Chief, Forest Service, Department of Agriculture. The Secretary
may, by publication of availability of a revised map and after
public comment, make corrections or minor changes to the boundary
of the recreation area.
(2) The exterior boundary of the recreation area, as generally
depicted on the map, shall encompass the recreation area and the
four excluded areas.
(c) Boundary modification
The boundaries of the Six Rivers National Forest are hereby
modified as generally depicted on the map referred to in subsection
(b) of this section. A map and legal description of the boundary of
the Six Rivers National Forest as modified by this subsection shall
be on file and available for public inspection in the Office of the
Chief, Forest Service, and the Office of the Forest Supervisor of
the Six Rivers National Forest.
(d) Transfer
The federally owned lands within the recreation area administered
by the Secretary of the Interior on November 16, 1990, comprising
approximately 20 acres, are hereby transferred to the jurisdiction
of the Secretary of Agriculture and shall be managed in accordance
with the laws applicable to the National Forest System and this
subchapter.

-SOURCE-
(Pub. L. 101-612, Sec. 4, Nov. 16, 1990, 104 Stat. 3210.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460bbb-1, 460bbb-3 of
this title.

-End-



-CITE-
16 USC Sec. 460bbb-3 01/19/04

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

-HEAD-
Sec. 460bbb-3. Administration

-STATUTE-
(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.

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

-REFTEXT-
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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460bbb-8 of this title.

-End-



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

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

-HEAD-
Sec. 460bbb-4. Acquisition and disposal of lands and other property

-STATUTE-
(a) Acquisition
The Secretary is authorized to acquire by purchase, donation,
exchange, or otherwise lands, waters, or interests therein
(including scenic or other easements), and structures or other
improvements thereon, within the boundaries of the recreation area
as the Secretary determines appropriate for the purposes of this
subchapter. In exercising this authority, the Secretary is directed
to give prompt and careful consideration to any offer to sell,
exchange, or otherwise dispose of such property made by an
individual or organization. The Secretary shall not acquire any
land or interest in land owned by the State of California or any of
its political subdivisions within the recreation area except by
donation or exchange. All lands acquired by the Secretary pursuant
to this subchapter shall be subject to the laws and regulations
pertaining to the National Forest System and this subchapter.
(b) Transfers to Del Norte County
(1) Upon the adoption of a resolution by the Board of Supervisors
of the County of Del Norte, California, accepting title to the
lands described in paragraph (2) and subject to the County of Del
Norte bearing the cost of the survey of such lands, the Secretary
shall transfer all right, title, and interest of the United States
in and to the lands described in paragraph (2).
(2) The lands referred to in paragraph (1) are described as
follows:
(A) Lands north of tract 37, T. 17 N., R. 3 E., H.M.,
containing 6 acres, more or less, and more particularly described
as:
Commencing at the N.E. corner of tract 37, T. 17 N., R. 3 E.,
H.M.; thence, northerly on a line continuing the eastern
boundary of said tract 37 to a point where it intersects the
southern boundary of the easement for State highway conveyed to
the State of California, Department of Transportation, on the
17th day of May 1977, and recorded on June 22, 1977 at book 206
of Official Records, page 256; thence, southwesterly along the
southern boundary of said easement to the point where it
intersects the northern boundary of said tract 37; thence,
easterly along the northern boundary of said tract 37 to the
point of beginning.

(B) Lands east of tract 37, T. 17 N., R. 3 E., H.M., containing
6 acres, more or less, and more particularly described as:
Commencing at a point on the eastern boundary of tract 37, T.
17 N., R. 3 E., H.M., lying 332 feet southerly of the N.E.
corner of said tract 37; thence, due east to the high water
line of the Middle Fork of the Smith River; thence,
southwesterly along the high water line of the Middle Fork of
the Smith River to its intersection with the northern boundary
of tract 38, T. 17 N., R. 3 E.; thence, westerly along the
northern boundary of said tract 38 to its intersection with
said track 37; thence, northerly along the eastern boundary of
said tract 37 to the point of beginning.
(c) Conditions of transfer
Transfer of the lands and interests described in subsection
(b)(2) of this section shall be subject to the condition that all
right, title, and interest therein shall revert to the United
States if the county of Del Norte, California, attempts to transfer
any portion of such lands to any other entity or person or if Del
Norte County permits any portion of such lands to be used for any
purpose incompatible with the purposes of this subchapter. The
Secretary shall include in any document of conveyance whereby such
lands are transferred to the county of Del Norte appropriate
provisions to implement this subsection.
(d) Withdrawal
Subject to valid existing rights, all public lands within the
recreation area are hereby withdrawn from entry, sale, or other
disposition under the public land laws of the United States. This
subsection shall not affect the exchange authorities of the
Secretary.

-SOURCE-
(Pub. L. 101-612, Sec. 6, Nov. 16, 1990, 104 Stat. 3213.)

-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in subsec. (d), are classified
generally to Title 43, Public Lands.

-End-



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

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

-HEAD-
Sec. 460bbb-5. Fish and game

-STATUTE-
Nothing in this subchapter shall be construed to affect the
jurisdiction or responsibilities of the State of California with
respect to fish and wildlife, including the regulation of hunting,
fishing, and trapping on any lands managed by the Secretary under
this subchapter, except that the Secretary may designate zones
where, and establish periods when, no hunting, fishing, or trapping
shall be permitted for reasons of protecting nongame species and
their habitats, public safety, administration, or public use and
enjoyment. Except in emergencies, any regulation of the Secretary
pursuant to this section shall be put into effect only after
consultation with the fish and wildlife agency of the State of
California.

-SOURCE-
(Pub. L. 101-612, Sec. 7, Nov. 16, 1990, 104 Stat. 3214.)

-End-



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

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

-HEAD-
Sec. 460bbb-6. Minerals

-STATUTE-
(a) Withdrawal
Subject to valid existing rights, Federal lands within the
exterior boundary of the recreation area are hereby withdrawn from
all forms of location, entry, and patent under the United States
mining laws and from disposition under the mineral leasing laws,
including all laws pertaining to geothermal leasing.
(b) Patents
Patents may not be issued under the mining laws of the United
States after November 16, 1990, for locations and claims made
before November 16, 1990, on Federal lands located within the
exterior boundaries of the recreation area.
(c) Administration
Subject to valid existing rights except for extraction of common
variety minerals such as stone, sand, and gravel for use in
construction and maintenance of roads and other facilities within
the recreation area and the excluded areas, all other mineral
development on federally owned lands within the recreation area is
prohibited.
(d) Regulations
The Secretary is authorized and directed to issue supplementary
regulations to promote and protect the purposes for which the
recreation area is designated.

-SOURCE-
(Pub. L. 101-612, Sec. 8, Nov. 16, 1990, 104 Stat. 3214.)

-REFTEXT-
REFERENCES IN TEXT
The United States mining laws and the mineral leasing laws,
referred to in subsecs. (a) and (b), are classified generally to
Title 30, Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (a), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.

-End-



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

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

-HEAD-
Sec. 460bbb-7. Management planning

-STATUTE-
The Secretary shall revise the document entitled "Smith River
National Recreation Area Management Plan" dated February 1990 to
conform to the provisions of this subchapter, and such revised plan
shall guide management of the recreation area and shall be
incorporated in its entirety into the forest plan for the Six
Rivers National Forest. This incorporation shall not be deemed a
revision or amendment to the forest plan for purposes of the (!1)
section 1604 of this title. The Secretary shall make such further
revisions to the management plan as are necessary in order to
include more specific development and use plans for the recreation
areas. Such revisions shall be made no later than 5 years after
November 16, 1990. Such revisions and any other modifications of
the management plan shall be made only through the processes of
revision or amendment of the forest plan pursuant to section 1604
of this title, including appropriate consultation with State and
local government officials and provision for full public
participation considering the views of all interested parties,
organizations, and individuals.


-SOURCE-
(Pub. L. 101-612, Sec. 9, Nov. 16, 1990, 104 Stat. 3214.)


-MISC1-
MANAGEMENT
Section 10(c) of Pub. L. 101-612 provided that: "The management
plan prepared under section 9 of this Act [this section] shall be
deemed to satisfy the requirement for a comprehensive management
plan required under section 3(d)(1) of the Wild and Scenic Rivers
Act [section 1274(d)(1) of this title]."

-FOOTNOTE-
(!1) So in original. Word "the" probably should not appear.


-End-



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

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

-HEAD-
Sec. 460bbb-8. Streamside protection zones

-STATUTE-
(a) Three hundred foot zones
For each of the rivers and river segments specified in this
subsection, there is hereby established a streamside protection
zone in which timber harvesting shall be prohibited except as
permitted by section 460bbb-3(a)(7) of this title. Such zone shall
extend 300 feet from each bank of the rivers and river segments, or
100 feet from the inner gorge of said rivers and river segments, or
within the limit of high and extreme landslide hazards on said
rivers and river segments, whichever is greater. The provisions of
this subsection shall apply to the following rivers and river
segments:
(1) Rowdy Creek (from California-Oregon border to NRA
boundary).
(2) Shelly Creek (from its headwaters to Patrick Creek).
(3) East Fork Patrick Creek (from its headwaters to Patrick
Creek).
(4) West Fork Patrick Creek (from its headwaters to Patrick
Creek).
(5) Little Jones Creek (from its headwaters to its confluence
with the South Fork of the Smith River).
(6) Patrick Creek (from the confluence of the East and West
forks of Patrick Creek to the Middle Fork of the Smith River).
(7) Monkey Creek (from its headwaters to its confluence with
the Middle Fork of the Smith River).
(8) Hardscrabble Creek (from its headwaters to its confluence
with the Middle Fork of the Smith River).
(9) Quartz Creek (from its headwaters to its confluence with
the South Fork of the Smith River).
(10) Jones Creek (from its headwaters to its confluence with
the South Fork of the Smith River).
(11) Upper Hurdygurdy Creek (from its headwaters to Dry Lake).
(12) Gordon Creek (from its headwaters to its confluence with
the South Fork of the Smith River).
(13) Coon Creek (from its headwaters to its confluence with the
South Fork of the Smith River).
(14) Craigs Creek (from its headwaters to its confluence with
the South Fork of the Smith River).
(15) Goose Creek (from its headwaters to its confluence with
the South Fork of the Smith River).
(16) East Fork of Goose Creek (from its headwaters to its
confluence with Goose Creek).
(17) Muzzleloader Creek (from its headwaters to its confluence
with Jones Creek).
(18) Canthook Creek (from its headwaters to its confluence with
the South Fork of the Smith River).
(19) Rock Creek (from the NRA boundary to its confluence with
the South Fork of the Smith River).
(20) Blackhawk Creek (from its headwaters to its confluence
with the South Fork of the Smith River).
(b) One-quarter mile zones
For each of the rivers and river segments specified in this
subsection there is established a streamside protection zone in
which timber harvesting shall be prohibited except as permitted in
section 460bbb-3(a)(7) of this title. Such zone shall extend on the
average of one-quarter mile on either side of said rivers and river
segments, or 100 feet from the inner gorge of said rivers and river
segments, or within the limit of high and extreme landslide hazards
on said rivers and river segments, whichever is greater. The
provisions of this subsection shall apply to the following rivers
and river segments:
(1) Main stem Smith (from the South Fork to the NRA boundary).
(2) Middle Fork Smith (from its headwaters to its confluence
with the Middle Fork of the Smith River).
(3) Myrtle Creek (from its headwaters to its confluence with
the Middle Fork of the Smith River).
(4) Kelly Creek (from its headwaters to its confluence with the
Middle Fork of the Smith River).
(5) Packsaddle Creek (from its headwaters to its confluence
with the Middle Fork of the Smith River).
(6) Griffin Creek (from its headwaters to its confluence with
the Middle Fork of the Smith River).
(7) Knopti Creek (from its headwaters to its confluence with
the Middle Fork of the Smith River).
(8) North Fork of the Smith River (from the California/Oregon
border to its confluence with the Middle Fork of the Smith
River).
(9) Diamond Creek (from the California/Oregon border to its
confluence with the North Fork of the Smith River).
(10) Bear Creek (from its headwaters to its confluence with
Diamond Creek).
(11) Still Creek (from its headwaters to its confluence with
the North Fork of the Smith River).
(12) North Fork of Diamond Creek (from the California/Oregon
border to its confluence with Diamond Creek).
(13) High Plateau Creek (from its headwaters to its confluence
with Diamond Creek).
(14) Stony Creek (from its headwaters to its confluence with
the North Fork of the Smith River).
(15) Peridotite Creek (from its headwaters to its confluence
with the North Fork of the Smith River).
(16) Siskiyou Fork, Smith River (from its headwaters to the
Middle Fork of the Smith River).
(17) South Siskiyou Fork of the Smith River (from its
headwaters to its confluence with the Siskiyou Fork of the Smith
River).
(18) South Fork (!1) Smith River (from its headwaters to its
confluence with the Middle Fork of the Smith River).

(19) Williams Creek (from its headwaters to its confluence with
the South Fork of the Smith River).
(20) Eight Mile Creek (from its headwaters to its confluence
with the South Fork of the Smith River).
(21) Harrington Creek (from its headwaters to its confluence
with the South Fork of the Smith River).
(22) Prescott Fork of the Smith River (from its headwaters to
its confluence with the South Fork of the Smith River).
(23) Buck Creek (from its headwaters to its confluence with the
South Fork of the Smith River).
(c) Lower Hurdygurdy Creek
For the Lower Hurdygurdy Creek (from Dry Lake to its confluence
with the South Fork of the Smith River) there is established a
streamside protection zone in which timber harvesting shall be
prohibited except as permitted by section 460bbb-3(a)(7) of this
title. Such zone shall extend one-eighth mile on either side of
said Lower Hurdygurdy Creek.
(d) Other restrictions on timber harvesting
The provisions of this section shall be in addition to, and not
in lieu of, any restrictions on timber harvesting or other
activities applicable to the streamside protection zones
established by this section under any other applicable provision of
this subchapter.

-SOURCE-
(Pub. L. 101-612, Sec. 11, Nov. 16, 1990, 104 Stat. 3219.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460bbb-3 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be followed by "of the".


-End-



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

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

-HEAD-
Sec. 460bbb-9. State and local jurisdiction and assistance

-STATUTE-
(a) State and local jurisdiction
Nothing in this subchapter shall diminish, enlarge, or modify any
right of the State of California or any political subdivision
thereof, to exercise civil and criminal jurisdiction or to carry
out State fish and game laws, rules, and regulations within the
recreation area, or to tax persons, franchise, or private property
on the lands and waters included in the recreation area, or to
regulate the private lands within the recreation area.
(b) Cooperative agreements
The Secretary is authorized and encouraged to enter into
cooperative agreements with the State of California or its
political subdivisions for -
(1) the rendering on a reimbursable basis, of rescue,
firefighting, and law enforcement services and cooperative
assistance by nearby law enforcement and fire prevention
agencies; and
(2) the planning for use, management, and development of
non-Federal lands within the recreation area and elsewhere in the
Smith River watershed in the furtherance of the purposes of this
subchapter.
(c) Technical assistance
To enable the State of California and its political subdivisions
to develop and implement programs compatible with the purposes of
this subchapter, the Secretary, in consultation with the
Secretaries of the Interior, Commerce, and Housing and Urban
Development, shall consider upon request such technical assistance
to the State and its political subdivisions as is necessary to
fulfill the purposes of this section. Such assistance may include
payments or grants, within existing programs, for technical aid and
program development.
(d) Land information system
The Secretary of Agriculture shall assist the county of Del Norte
in developing a land information system that will be compatible
with the Forest Service and National Park Service systems for the
Federal lands in Del Norte County and such non-Federal systems as
may be appropriate and that will be made available to Federal and
non-Federal entities for use in coordinating planning for the
recreation area and other lands in the Smith River watershed.

-SOURCE-
(Pub. L. 101-612, Sec. 12, Nov. 16, 1990, 104 Stat. 3221.)

-End-



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

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

-HEAD-
Sec. 460bbb-10. Savings provision

-STATUTE-
(a) Activities on lands outside of recreation area
Nothing in this subchapter shall limit, restrict, or require
specific management practices on lands outside the recreation area
boundary. The fact that activities or uses outside the recreation
area can be seen, heard, or otherwise perceived within the
recreation area shall not, of itself, limit, restrict, or preclude
such activities or uses up to the boundary of the recreation area.
(b) Prior rights
(1) Nothing in this subchapter shall limit, restrict, or preclude
the implementation of valid timber sale contracts or other
contracts or agreements executed by the Secretary before November
16, 1990.
(2) Except as specifically provided herein nothing in this
subchapter shall be construed as diminishing or relinquishing any
right, title, or interest of the United States in any lands,
waters, or interests therein within the boundaries of the
recreation area designated by this subchapter.
(c) Road easements
Nothing in this subchapter shall be construed as affecting the
responsibilities of the State of California or any of its political
subdivisions with respect to road easements, including maintenance
and improvement of State Highway 199 and County Route 427.
(d) Rights of access
Existing rights provided by Federal law for access by private
landowners across National Forest System lands shall not be
affected by this subchapter.
(e) Entitlement moneys
Annually for the first two full fiscal years after November 16,
1990, the Secretary shall pay for use by units of local government
within the recreation area an amount equal to the difference
between the amounts payable for such purposes pursuant to the Act
of May 23, 1908 (chapter 193; 35 Stat. 251; 16 U.S.C. 500) and the
average amount paid for such purpose under such Act during the five
fiscal years preceding November 16, 1990. The amount payable under
this subsection shall be reduced by 10 percent annually thereafter
for each succeeding fiscal year until the amount payable shall be
reduced 100 percent by the end of the twelfth fiscal year after
November 16, 1990. This subsection shall expire 11 years after the
first payment pursuant to this subsection.

-SOURCE-
(Pub. L. 101-612, Sec. 13, Nov. 16, 1990, 104 Stat. 3222.)

-REFTEXT-
REFERENCES IN TEXT
Act of May 23, 1908 (chapter 193; 35 Stat. 251; 16 U.S.C. 500),
referred to in subsec. (e), probably means act May 23, 1908, ch.
192, 35 Stat. 260, which is classified to section 500 of this
title.

-End-



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

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

-HEAD-
Sec. 460bbb-11. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated such funds as may be
necessary to carry out this subchapter and the amendments made by
this subchapter.

-SOURCE-
(Pub. L. 101-612, Sec. 14, Nov. 16, 1990, 104 Stat. 3222.)

-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original "this
Act", meaning Pub. L. 101-612, Nov. 16, 1990, 104 Stat. 3209, which
enacted this subchapter and amended section 1274 of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 460bbb of this title and Tables.

-End-


-CITE-
16 USC SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL
CONSERVATION AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA

-HEAD-
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460ccc. Definitions

-STATUTE-
For the purposes of this subchapter, the term -
(a) "conservation area" means the Red Rock Canyon National
Conservation Area established pursuant to section 460ccc-1 of
this title;
(b) "public lands" has the meaning stated in section 1702(e) of
title 43; and
(c) "Secretary" means the Secretary of the Interior.

-SOURCE-
(Pub. L. 101-621, Sec. 2, Nov. 16, 1990, 104 Stat. 3342.)


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 101-621 provided that: "This Act [enacting
this subchapter] may be cited as the 'Red Rock Canyon National
Conservation Area Establishment Act of 1990'."

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA

-HEAD-
Sec. 460ccc-1. Establishment

-STATUTE-
(a) In general
(1) In order to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the area in
southern Nevada containing and surrounding the Red Rock Canyon and
the unique and nationally important geologic, archeological,
ecological, cultural, scenic, scientific, wildlife, riparian,
wilderness, endangered species, and recreation resources of the
public lands therein contained, there is established the Red Rock
Canyon National Conservation Area.
(2) The conservation area shall consist of approximately 195,780
acres as generally depicted on the map entitled "Red Rock Canyon
National Conservation Area Administrative Boundary Modification",
dated August 8, 1996, and such additional areas as are included in
the conservation area pursuant to the Red Rock Canyon National
Conservation Area Protection and Enhancement Act of 2002.
(3) The map referred to in paragraph (2) shall be on file and
available for inspection in the appropriate offices of the Bureau
of Land Management, Department of the Interior.
(b) Legal description
(1) As soon as practicable after November 16, 1990, the Secretary
shall file a legal description of the conservation area established
by subsection (a) of this section with the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Interior and Insular Affairs of the United States House of
Representatives, and such legal description shall have the same
force and effect as if included in this subchapter, except that the
Secretary may correct clerical and typographic errors in (!1) legal
description.

(2) The legal description described in paragraph (1) shall be on
file and available for public inspection in the office of the
Director of the Bureau of Land Management, Department of the
Interior.
(c) Discrepancies
In case of any discrepancy between or among the map described in
subsection (a) of this section, the amount of acreage stated in
subsection (a) of this section, or the legal description filed by
the Secretary pursuant to subsection (b) of this section, the map
described in subsection (a) of this section shall control any
question concerning the boundaries of the conservation area.

-SOURCE-
(Pub. L. 101-621, Sec. 3, Nov. 16, 1990, 104 Stat. 3342; Pub. L.
103-450, Sec. 1, Nov. 2, 1994, 108 Stat. 4766; Pub. L. 105-263,
Sec. 8, Oct. 19, 1998, 112 Stat. 2349; Pub. L. 107-282, title I,
Sec. 105(c), Nov. 6, 2002, 116 Stat. 1998.)

-REFTEXT-
REFERENCES IN TEXT
The Red Rock Canyon National Conservation Area Protection and
Enhancement Act of 2002, referred to in subsec. (a)(2), is title I
of Pub. L. 107-282, Nov. 6, 2002, 116 Stat. 1995, which amended
this section and enacted provisions set out as a note under section
460ccc-4 of this title. For complete classification of this Act to
the Code, see Tables.


-MISC1-
AMENDMENTS
2002 - Subsec. (a)(2). Pub. L. 107-282 inserted before period at
end ", and such additional areas as are included in the
conservation area pursuant to the Red Rock Canyon National
Conservation Area Protection and Enhancement Act of 2002".
1998 - Subsec. (a)(2). Pub. L. 105-263 amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "The
conservation area shall consist of approximately 195,610 acres as
generally depicted on a map entitled 'Red Rock Canyon National
Conservation Area - Proposed Expansion', numbered NV-RRCNCA-002,
and dated July 1994."
1994 - Subsec. (a)(2). Pub. L. 103-450 amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "The
conservation area shall consist of approximately 83,100 acres of
generally depicted on a map entitled 'Red Rock Canyon National
Conservation Area - Proposed' numbered NV-RRC-NCA-001, and dated
June, 1990."

-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.


-MISC2-
POTENTIAL CONSERVATION LANDS
Pub. L. 103-450, Sec. 3, Nov. 2, 1994, 108 Stat. 4767, as amended
by Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 144(a)],
Nov. 29, 1999, 113 Stat. 1535, 1501A-171, provided that:
"(a) Withdrawal. - Subject to valid existing rights, the lands
identified in subsection (b) are hereby withdrawn from all forms of
entry under the public land laws, including the mining laws, and
from operation of the mineral [see 30 U.S.C. 181 et seq., 271 et
seq., and 281 et seq.] and geothermal leasing laws: Provided, That
nothing in this subsection shall limit the issuance of any (continued)