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16 USC SECTION 539g
TITLE 16 - CONSERVATION
CHAPTER 2 - NATIONAL FORESTS
SUBCHAPTER I - ESTABLISHMENT AND ADMINISTRATION
(a) Establishment
In order to provide for public outdoor recreation use and
enjoyment of certain areas within the Sierra National Forest and
the Sequoia National Forest, to protect those areas' natural,
archaeological, and scenic resources, and to provide for
appropriate fish and wildlife management of those areas, there is
hereby established the Kings River Special Management Area
(hereinafter in this Act referred to as the ''special management
area''). The special management area shall be administered by the
Secretary of Agriculture (hereinafter in this Act referred to as
''the Secretary'') through the Sierra National Forest.
(b) Area included
The special management area shall consist of the lands, waters,
and interests therein within the area generally depicted on the map
entitled ''Boundary Map, Kings River Special Management Area'',
dated April 1987. The map shall be on file and available for public
inspection in the offices of the National Forest Service,
Department of Agriculture. The Secretary of Agriculture may from
time to time make minor revisions of the boundary of the special
management area.
(c) Administration
The Secretary shall administer the special management area in
accordance with this Act and with the provisions of law generally
applicable to units of the National Forest System. In the case of
any conflict between the provisions of such Acts, the provisions of
this Act shall govern. In the administration of the special
management area the Secretary may utilize such statutory authority
as may be available to him for the conservation of wildlife and
natural resources as he deems necessary to carry out the purposes
of this Act. Nothing in this Act shall be construed to prohibit
grazing within the special management area to the same extent, and
in accordance with the same rules and regulations as applicable in
the absence of this Act. The Secretary may permit the cutting of
timber within the special management area only in those cases where
in the judgment of the Secretary the cutting of such timber is
required in order to control the attacks of fire, insects, or
diseases or to otherwise conserve the scenery or the natural or
historical objects in the area.
(d) Mining and mineral leasing
Subject to valid existing rights, lands within the special
management area are withdrawn from location, entry, and patent
under the mining laws of the United States, from the operation of
the mineral leasing laws of the United States and from operation of
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
(e) Hunting and fishing
The Secretary shall permit hunting and fishing on lands and
waters within the special management area in accordance with
applicable Federal and State law. The Secretary may designate
zones where, and establish periods when, such activities will not
be permitted for reasons of public safety, administration, fish and
wildlife management or public use and enjoyment. Except in
emergencies, regulations issued by the Secretary under this
subsection shall be put into effect only after consultation with
the appropriate State agencies responsible for hunting and fishing
activities.
(f) Management plan
After consultation with the State of California, the Secretary
shall publish a management plan for the special management area
within three years after November 3, 1987. The plan shall provide
for public outdoor recreation use and enjoyment of the special
management area, protect the area's natural, archeological, and
scenic resources, and provide for appropriate fish and wildlife
management within the area. The plan shall contain provisions for
management of vegetation within the area designed to enhance the
wildlife carrying capacity of the area. The plan shall permit
off-road vehicular use of off-road trails to the same extent and in
the same locations as was permitted before November 3, 1987. The
plan shall provide for the development of hiking trails in the
special management area and shall include a trail from Garlic Creek
to Little Tehipite Valley.
(g) Access to private lands
If any State or privately owned land or any valid mining claim or
other valid occupancy is within the special management area, or if
State or private subsurface rights underlie public lands within the
special management area, the Secretary shall provide the State or
private owner, claimant, or occupier and their successors in
interest such rights as may be necessary to assure adequate and
feasible access for economic and other purposes to the site
concerned. Such rights shall be subject to reasonable regulations
issued by the Secretary to protect the natural and other values of
the special management area, taking into account the traditional
and customary means of access used prior to November 3, 1987.
(h) Specific protections
In recognition of the dispute that exists over whether a dam
project should be constructed in the segment of the Main Stem of
the Kings River from the point at elevation 1,595 feet above mean
sea level downstream to the point at elevation 990 feet above mean
sea level, Congress declares its intention at this time not to
designate that segment of the Kings River as a component of the
Wild and Scenic Rivers System. Notwithstanding any other provision
of law, no Federal lands may be used for the construction of any
dam or diversion within the boundaries of the special management
area without specific authority of the Congress. In order to
protect the natural, cultural, recreational, fishery, and wildlife
values of the river segment referred to in this subsection, that
segment shall be subject to the provisions of section 1278(a) of
this title, in the same manner as if it were designated. Nothing
in this Act shall preclude the Kings River Conservation District
from conducting studies as it may deem appropriate.
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