Sec. 5. Tenmile Recreation Management Area, White River National Forest, Colorado
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Subject to valid existing rights, the approximately 16,996 acres of Federal land in the White River National Forest in the State depicted as Proposed Tenmile Recreation Management Area on the map entitled Tenmile Proposal and dated January 23, 2018, are designated as the Tenmile Recreation Management Area (referred to in this section as the Recreation Management Area ). The purposes of the Recreation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, watershed, habitat, and ecological resources of the Recreation Management Area.
The Secretary shall manage the Recreation Management Area— in a manner that conserves, protects, and enhances— the purposes of the Recreation Management Area described in subsection (b); and recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and in accordance with— the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq.); any other applicable laws (including regulations); and this section.
The Secretary shall only allow such uses of the Recreation Management Area that the Secretary determines would further the purposes described in subsection (b). Except as provided in clause (iii), the use of motorized vehicles in the Recreation Management Area shall be limited to the roads, vehicle classes, and periods authorized for motorized vehicle use on the date of enactment of this Act. Except as provided in clause (iii), no new or temporary roads shall be constructed in the Recreation Management Area.
Nothing in clause
(i)or
(ii)prevents the Secretary from— rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary; authorizing the use of motorized vehicles for administrative purposes or roadside camping; constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects; authorizing the use of motorized vehicles to carry out activities described in subsection (g), (h)(1), or (i); and responding to an emergency. No projects shall be undertaken for the purpose of harvesting commercial timber in the Recreation Management Area. Nothing in clause
(i)prevents the Secretary from harvesting or selling merchantable products that are byproducts of activities authorized under this section. As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Recreation Management Area. The map and legal description prepared under paragraph
(1)shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal description. The map and legal description prepared under paragraph
(1)shall be on file and available for public inspection in the appropriate office of the Secretary. The Administrator of the Federal Aviation Administration may not identify the Recreation Management Area on a Federal Aviation Administration aeronautical chart. Subject to valid rights in existence on the date of enactment of this Act, the Federal land in the Recreation Management Area is withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. Any land or interest in land that is acquired by the United States within the boundaries of the Recreation Management Area shall— become part of the Recreation Management Area; and be managed in accordance with— this section; and any other applicable laws. The Secretary may take any measure, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, and mitigate fire, insects, and diseases in the Recreation Management Area, subject to such terms and conditions as the Secretary determines to be appropriate. Nothing in this section affects the construction, repair, reconstruction, replacement, operation, maintenance, or renovation of water management infrastructure in existence on the date of enactment of this Act or any future infrastructure necessary for the development or exercise of water rights decreed before the date of enactment of this Act within the Recreation Management Area. Section 3(e) of the James Peak Wilderness and Protection Area Act ( Public Law 107–216 ; 116 Stat. 1058) shall apply to the Recreation Management Area. Nothing in this section precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or lease of Federal land within the Recreation Management Area for— regional transportation projects, including highway widening or realignment and construction of multimodal transportation systems; and infrastructure, activities, or safety measures associated with the implementation or use of facilities constructed under paragraph (1). Nothing in this section affects the designation of the Federal land within the Recreation Management Area for purposes of— section 303 of title 49, United States Code; and section 138 of title 23, United States Code. Nothing in this section alters or limits— a permit held by a ski area or other entity; or the acceptance, review, or implementation of associated activities or facilities proposed or authorized by law or permit outside of the Recreation Management Area. Nothing in this section restricts or precludes— any low-level overflight of military aircraft over the Recreation Management Area, including military overflights that can be seen, heard, or detected within the Recreation Management Area; flight testing or evaluation over the Recreation Management Area; or the use or establishment of— new units of special use airspace over the Recreation Management Area; or any military flight training or transportation over the Recreation Management Area. Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State, including hunting and fishing. Nothing in this section creates a protective perimeter or buffer zone around the Recreation Management Area.
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U.S. Code
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- Pub. L. 107-216
- 116 Stat. 1058
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Sec. 5
Tenmile Recreation Management Area, White River National Forest, Colorado
Pub. L.Pub. L. 107-216
Stat.116 Stat. 1058
Cites 3Cited by 0 across 0 sources