USC Subchapter CXIII

in effect

16 U.S.C. § 460bbb Findings

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.

16 U.S.C. § 460bbb–1 Definitions

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).

16 U.S.C. § 460bbb–2 Establishment

(a) In generalFor 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 modificationThe boundaries of the Six Rivers National Forest are hereby modified as generally depicted on the map referred to in subsection (b). 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) TransferThe 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.

16 U.S.C. § 460bbb–3 Administration

(a) In generalThe 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), 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). 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) 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) 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), 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 riversThe 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.

16 U.S.C. § 460bbb–4 Acquisition and disposal of lands and other property

(a) AcquisitionThe 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 transferTransfer 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) WithdrawalSubject 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.

16 U.S.C. § 460bbb–5 Fish and game

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.

16 U.S.C. § 460bbb–6 Minerals

(a) WithdrawalSubject 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) PatentsPatents 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) AdministrationSubject 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) RegulationsThe Secretary is authorized and directed to issue supplementary regulations to promote and protect the purposes for which the recreation area is designated.

16 U.S.C. § 460bbb–7 Management planning

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 11 So in original. Word “the” probably should not appear. 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.

16 U.S.C. § 460bbb–8 Streamside protection zones

(a) Three hundred foot zonesFor 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 zonesFor 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 11 So in original. Probably should be followed by “of the”. 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 CreekFor 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 harvestingThe 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.

16 U.S.C. § 460bbb–9 State and local jurisdiction and assistance

(a) State and local jurisdictionNothing 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 agreementsThe 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 assistanceTo 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 systemThe 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.

16 U.S.C. § 460bbb–10 Savings provision

(a) Activities on lands outside of recreation areaNothing 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 easementsNothing 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 accessExisting rights provided by Federal law for access by private landowners across National Forest System lands shall not be affected by this subchapter. (e) Entitlement moneysAnnually 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.

16 U.S.C. § 460bbb–11 Authorization of appropriations

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