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Code · BILL · 115th Congress · H.R. 3400 (Introduced in House) — To promote innovative approaches to outdoor recreation on Federal land and to open up opportunities for collaboration... · Sec. 305

Sec. 305. National Recreation Area System

1,426 words·~6 min read·/bill/115/hr/3400/ih/section-305

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It is the policy of the United States that— certain natural landscapes possess remarkable recreational values and should be managed for sustainable outdoor recreational and other benefits for the people of the United States; the remarkable recreational values described in subparagraph
(A)may include— areas offering existing or prospective recreation opportunities; areas that play, or have the potential to play, a role in addressing high or unmet demand for recreational opportunities; areas that play an important role in supporting the outdoor recreation economy; areas with unique ecological, geological, hydrological, scenic, cultural, or historic features or attributes that accommodate a variety of outdoor recreation activities; and areas with high fish and wildlife values; in addition to other uses of Federal land, certain landscapes should be protected and managed primarily for the recreational, social, and health benefits people receive from the landscapes through outdoor recreation, for the specific and meaningful experiences made possible by unique and varied landscapes, and for the contributions those landscapes make in support of the outdoor recreation economy; and in addition to land identified as National Recreation Areas, the Secretaries should continue to promote recreation on other Federal land in accordance with applicable land management plans. Nothing in this section diminishes the importance of prioritizing recreation on Federal land located outside of a National Recreation Area. In this section: The term natural feature means a healthy ecological, geological, hydrological, scenic, cultural, or historic feature or attribute of a specific area. 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; and 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 (c). The term System unit means a System unit designated pursuant to subsection (c). There is established a National Recreation Area System, to be comprised of— existing National Recreation Areas described in subsection (g); and new 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 maximizes the protection and enhancement of the remarkable recreational values of the System unit (including natural features that support the recreation experiences) consistent with subsection (a)(1)(C), and provides for enjoyment by current and future generations. The Secretary shall consult and work, to the maximum extent practicable, with States, political subdivisions of States, affected Indian tribes, adjacent landowners, and the public in the planning and administration of System units. Nothing in this section affects the jurisdiction or responsibilities of a State with respect to fish and wildlife in a System unit in the State. Hunting, fishing, and motorized recreation (including boating) may be allowed on System units if permitted under applicable Federal and State laws (including regulations) and conducted in accordance with the applicable land management plans. 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 the 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 maximize the protection and enjoyment of the remarkable recreational values of the System unit; and to protect the natural features of the System unit that support recreation. Except as provided in clause (ii), a comprehensive management plan described in subparagraph
(A)shall be completed by not later than 3 years after the date of designation of the System unit, subject to the availability of funds and resources. If funds and resources are not available in accordance with clause (i), the applicable agency may complete the plan as part of the regular management plan revisions of the agency. A comprehensive management plan described in subparagraph
(A)shall be regularly reviewed and updated as part of the regular land management planning process of the applicable agency. The Secretary shall manage each National Recreation Area in accordance with the management plan for the National Recreation Area in effect at the time of the designation, to the extent the plan is consistent with this Act and the Act designating the National Recreation Area, until the plan is revised or superseded by a new comprehensive management plan issued in accordance with this subsection. 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 (c)(2) in accordance with subsection (a); be coordinated with resource management planning for affected adjacent Federal land; be prepared— in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.) or section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ), as applicable; and in consultation with States, political subdivisions of States, affected Indian tribes, adjacent landowners, and the public; and designate a sustainable road and trail network, consistent with subsection
(a)and the purposes for which the System was established. The Secretary shall publish in the Federal Register notice of the completion and availability of a plan prepared under this paragraph. An area eligible for inclusion in the System is an area that possesses one or more of the remarkable recreational values described in subsection (a)(1)(B). In carrying out the land management planning process, the Secretary shall— identify eligible areas that possess remarkable recreational values described in subsection (a)(1)(B); develop and maintain a list of eligible areas as potential additions to the System; ensure that relevant land management plans support the recreational values of areas identified as potential additions to the System; and consider input from the Governor of, political subdivisions of, and affected Indian tribes located in, the State in which the eligible areas are located. Each National Recreation Area that is under the jurisdiction of the Forest Service or the Bureau of Land Management and that was established before the date of enactment of this Act shall be— deemed to be a unit of the System; and notwithstanding subsection (d)— administered under the law pertaining to the applicable System unit; and managed in accordance with the purposes set forth in the original designation of the National Recreation Area. 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 National Recreation Area designated after the date of enactment of this Act that is 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. Nothing in this section affects— any other land or water management designation under any other provision of law; or any obligation to comply with a requirement applicable to such a designation. Nothing in this section alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including any off-reservation reserved rights.
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