Sec. 304. National Recreation Area System
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/bill/117/hr/3527/ih/section-304·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 Federal land possesses 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 Federal land through outdoor recreation; and the specific and meaningful experiences made possible by unique and varied landscapes. In this section: The term natural feature means an ecological, geological, hydrological, or scenic attribute of a specific area.
The term remarkable recreational attribute means, with respect to an area— a natural feature that supports high-quality outdoor recreation opportunities and experiences; having a high value in terms of providing recreation opportunities to underserved communities; a unique cultural or historic feature or attribute that supports high-quality recreation opportunities and experiences; the offering of outstanding existing or prospective recreation opportunities and uses; having an important role in, and contributing significantly, to the outdoor recreation economy; or having high fish and wildlife values.
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 under the jurisdiction of the Bureau of Land Management or the Forest Service 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, conservation, and enhancement of the remarkable recreational attributes, natural features, and uses of the System unit consistent with subsection (a); and protects the System unit for a variety of recreational uses (including outfitting and guiding, motorized recreation, hunting and fishing, horseback riding, and biking ) in locations where those uses are appropriate and are conducted in accordance with the applicable land management plan and all applicable Federal and State laws (including regulations).
Livestock grazing within System units, where established before the date of the enactment of this Act, shall be permitted if the grazing complies with all applicable laws (including regulations). The Secretary shall consult with States, political subdivisions of States, affected Indian Tribes, adjacent landowners, and the public in the 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.
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 land, 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 designated by an Act of Congress 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 offices of the Bureau of Land Management and the Forest Service, as appropriate. For System units designated by an Act of 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). The comprehensive management plan described in subparagraph
(A)shall be completed as part of the regular land use management planning process of the applicable agency 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 attributes 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 paragraphs (1)(B) and
(2)of subsection
(d)are permitted on the System unit; be coordinated with resource management planning for affected adjacent Federal land, if applicable; be prepared— in accordance with— as applicable, 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 any other applicable laws (including regulations); 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 unit was established, in accordance with all applicable laws (including 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 a National Recreation Area described in subsection
(g)in accordance with the management plan for the National Recreation Area in effect on the date of enactment of this Act, until the date on which the plan is revised or superseded by a new comprehensive management plan issued in accordance with this paragraph. If 1 or more components of an existing management plan referred to in clause
(i)conflict with this section, not later than 2 years after the date of enactment of this Act, the Secretary shall revise the plan to make the plan consistent with this section. 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 1 or more remarkable recreational attributes. In carrying out the land management planning process, the Secretary shall— identify eligible areas that possess 1 or more remarkable recreational attributes; 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; transmit to Congress lists of eligible areas for consideration; and ensure that management plans for eligible areas maintain the recreational attributes supporting eligibility. Each National Recreation Area established before the date of enactment of this Act that is under the jurisdiction of the Bureau of Land Management or the Forest Service shall be— deemed to be a unit of the System; and notwithstanding subsection (d), administered under the law pertaining to the applicable System unit. In accordance with sections 803 through 808 of the Federal Lands Recreation Enhancement Act ( 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, 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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