Sec. 304. National recreation area system
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/bill/115/hr/3400/rh/section-304A 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 possess remarkable recreational values and should be managed for— sustainable outdoor recreational uses by the people of the United States; the recreational, social, and health benefits people receive from the landscapes through outdoor recreation; and the specific and meaningful experiences made possible by unique and varied landscapes; the remarkable recreational values described in paragraph
(1)may include— areas with unique ecological, geological, hydrological, scenic, cultural, recreational, or historic features or attributes that support high-quality outdoor recreation opportunities and experiences; areas offering outstanding existing or prospective recreation opportunities and uses; 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 and contribute significantly to the outdoor recreation economy; and areas with high fish and wildlife values; 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. In this section: The term natural feature means an ecological, geological, hydrological, scenic, cultural, recreational, 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. Subject to valid existing rights, the Secretary shall manage each System unit in a manner that: prioritizes the sustainable enjoyment and enhancement of the remarkable recreational values and uses of the System unit (including natural features that support the recreation experiences) consistent with subsection (a); and protects the unit for a variety of recreational uses in locations where those uses are appropriate and are conducted in accordance with the applicable land management plan. These uses may include outfitting and guiding and motorized recreation in locations where these activities are consistent with the applicable land management plan and are conducted in accordance with all applicable Federal and State laws and regulations. Livestock grazing within System units, where established before the date of the enactment of this Act, shall be permitted if it complies with all applicable laws and regulations. The Secretary shall collaborate 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 and fishing 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. This section shall not apply to ski area lands, including ski area special use permit boundaries, master development plan boundaries and any acres allocated for resort development in a Forest Plan. 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. For System units designated by Congress after the date of enactment of this Act the Secretary with jurisdiction over the System unit shall prepare a comprehensive management plan for the unit that fulfills the requirements of subsection (d)(1) and subparagraph
(C)of this paragraph. The comprehensive management plan described in subparagraph
(A)shall be completed as part of the regular land management planning process of the applicable agency for the public land unit on which the System unit is located. If the planning cycle of the applicable agency does not coincide with the designation of the System unit, the initial plan for the unit shall be completed not later than 3 years after the date of designation of the System unit. A comprehensive management plan prepared under subparagraph
(A)shall— identify the existing, and to the extent practicable, prospective remarkable recreational values and uses of the System unit; ensure the System unit is managed to protect and enhance the 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); describe the circumstances and locations in which the activities described in subsection (d)(1)(B) and (d)(2) are permitted on the System unit. 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 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ), and other applicable laws and regulations; and in collaboration 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 and with all applicable laws and regulations. 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, until the plan is revised or superseded by a new comprehensive management plan issued in accordance with this subsection. If components of the existing plan conflict with the terms of the designation, the Secretary shall revise the plan within two years to make the plan consistent with the designation. 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)(2). In carrying out the land management planning process, the Secretary shall— identify eligible areas that possess remarkable recreational values described in subsection (a)(2); develop and maintain a list of eligible areas as potential additions to the System; consider input from the Governor of, political subdivisions of, and affected Indian tribes located in, the State in which the eligible areas are located; and transmit to Congress lists of eligible areas for consideration. The Secretary’s actions under paragraph
(2)shall not interfere with the current management of the eligible areas, nor shall the fact that such eligible areas may be added to the System be used as justification for more restrictive management, unless and until Congress acts to designate the eligible area. Each National Recreation Area established before the date of enactment of this Act that is 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 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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- 16 USC 6802-6807
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Sec. 304
National recreation area system
Cite16 USC 6802-6807
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