Sec. 306. National Recreation Area System

1,570 words·~7 min read·/bill/114/s/2706/is/section-306

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

It is the policy of the United States that— certain natural landscapes be conserved and managed for sustainable outdoor recreational and other benefits for the people of the United States; and in addition to protecting landscapes for the ecological, intrinsic, historic, or scientific value, certain landscapes should be protected and managed primarily for the social, spiritual, and health benefits the landscapes provide for people through outdoor recreation, for the specific and meaningful experiences made possible by unique and specific landscapes, and for the contributions these landscapes make in support of the outdoor recreation economy.

The purpose of this section is to establish a National Recreation Area System— to recognize areas that possess remarkable recreational values; to recognize that land with remarkable recreational values may also possess other important values that underpin the remarkable recreation values, including, at a minimum— ecological and watershed values; historical and cultural values; scenic value; fish and wildlife values; and geological, archeological, and paleontological values; to manage System units for— the benefit and recreational enjoyment of present and future generations; and conservation and restoration of the important values described in paragraph (2); to highlight that recreation contributes significantly to the economy, particularly in rural and gateway communities; to ensure the protection of public land for the benefit of a variety of recreational pursuits where appropriate, including both motorized and nonmotorized uses; to recognize that recreation goals and conservation goals can both be achieved in the management of public land; and to provide access to sustainable recreation opportunities and enhance public enjoyment of public land.

In this section: The term Secretary means— the Secretary of the Interior, acting through the Director of the Bureau of Land Management with respect to land administered by the Bureau of Land Management; or the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land. The term System means the National Recreation Area System established by subsection (d). The term System unit means a System unit designated pursuant to subsection (d).

There is established a National Recreation Area System, to be comprised of— National Recreation Areas described in subsection (i); and the System units designated by Congress on or after the date of enactment of this Act. The Secretary shall manage each System unit in a manner that enhances the remarkable recreational and other important values of the System unit, consistent with subsection (a), and provides for the enjoyment by this and future generations. Each State, tribal, and local government is encouraged to cooperate in the planning and administration of System units that include or adjoin land under the jurisdiction of the State, tribal, or local government.

Nothing in this section affects the jurisdiction or responsibilities of a State with respect to fish and wildlife in a System unit. Except as provided in clause (ii), hunting and fishing shall be permitted on System units under applicable Federal and State laws (including regulations). The Secretary— may designate zones in which and time periods during which no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment; and in carrying out subclause (I), shall issue appropriate regulations after consultation with the wildlife agency of each State affected.

Any portion of a wilderness area that is located within the System unit shall be administered in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). In carrying out clause (i), in the event of any conflict between the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and this section, the more restrictive provision shall apply. Any portion of a wild and scenic river that is located within the System unit shall be administered in accordance with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) and this section.

In carrying out clause (i), in the event of any conflict between the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) and this section, the more restrictive provision shall apply. Any portion of a National Scenic or Historic Trial that is located within the System unit shall be administered in accordance with the National Trails System Act ( 16 U.S.C. 1241 et seq. ). In carrying out clause (i), in the event of any conflict between the National Trails System Act ( 16 U.S.C. 1241 et seq. ) and this section, the more restrictive provision shall apply.

Nothing in this section affects any valid or vested water right in existence on the date of enactment of this Act. For System units established on or after the date of enactment of this Act, as soon as practicable after the date of designation of a System unit, the Secretary shall prepare a map and legal description of the System unit. The map and legal description filed under subparagraph

(A)shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. The map and legal description filed under subparagraph

(A)shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service. The Secretaries shall prepare a comprehensive management plan for each System unit within the jurisdiction of the Secretaries that is designated by Congress after the date of enactment of this Act to provide for the protection and enjoyment of the remarkable recreational and other important values of the System unit. A comprehensive management plan described in subparagraph (A)— shall be prepared, and regularly reviewed and updated, as a part of the regular land management planning process of the applicable agency; and unless the planning cycle of the applicable agency coincides with the designation of the System unit, shall be initially completed not later than 3 years after the date of designation of the System unit as part of the revision of plans of the applicable agency. A comprehensive management plan prepared under subparagraph

(A)shall— identify the existing, and to the extent practicable, prospective remarkable recreational and other important values of the System unit; ensure the System unit is managed to protect and enhance purposes for which the System unit was established; ensure the System unit is managed to protect and enhance the resources that make the area suitable for designation under subsection (d)(2) in accordance with subsection (a); be coordinated with resource management planning for affected adjacent Federal land; and be prepared in consultation with States, political subdivisions of the State, affected Indian tribes, and the public. The Secretary shall publish in the Federal Register notice of the completion and availability of a plan prepared under this paragraph. The Secretary shall periodically review and update applicable management plans prepared under this paragraph to address the values described in paragraphs

(1)and

(2)of subsection (b). An area eligible for inclusion in the System is an area that possesses 1 or more of the values described in paragraphs

(1)and

(2)of subsection (b). In carrying out the land management planning process, the Secretary shall— identify eligible areas that possess remarkable recreational and other important values described in paragraphs

(1)and

(2)of subsection (b); develop and maintain a list of eligible areas as potential additions to the System; and consider recommendations by the Governor of an affected State or territory for potential additions to the System. Subject to valid existing rights, any land designated as a System unit under this section is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Each National Recreation Area established as of the date of enactment of this Act and administered by the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary of the Interior, acting through the Director of the Bureau of Land Management, before the date of enactment of this Act shall be— deemed to be a unit of the System; and notwithstanding subsection (e), administered under law pertaining to that System unit. In accordance with sections 803 through 808 of the Consolidated Appropriations Act, 2005 ( 16 U.S.C. 6802–6807 ), the Secretary may establish a standard amenity fee at each of the areas within the National Recreation Area System that are managed by the Bureau of Land Management or the Forest Service, if— the purpose of the fee is to enhance visitor services and stewardship of the recreation area; and the establishment of a fee is not prohibited by other Federal law. Nothing in this section modifies any obligation— of the Secretary to prepare or implement a land use plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) or section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ); under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); or under any other applicable law. In the case of a conflict between the provisions of this section and other law, the more restrictive provisions shall apply. Nothing in this section alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including any off-reservation reserved rights.

Connectionstraces to 7

Traces to 7 documents

U.S. Code