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16 U.S. Code § 460uuu - Mount Hood National Recreation Area

U.S. Code
Notes

(a) Designation

To provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values, there is established the Mount Hood National Recreation Area within the Mount Hood National Forest.

(b) Boundary

The Mount Hood National Recreation Area shall consist of certain Federal land managed by the Forest Service and Bureau of Land Management, comprising approximately 34,550 acres, as generally depicted on the maps entitled “National Recreation Areas—Mount Hood NRA”, “National Recreation Areas—Fifteenmile Creek NRA”, and “National Recreation Areas—Shellrock Mountain”, dated February 2007.

(1) Submission of legal descriptionAs soon as practicable after March 30, 2009, the Secretary shall file a map and a legal description of the Mount Hood National Recreation Area with—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(2) Force of law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and the legal description.

(3) Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(d) Administration

(1) In generalThe Secretary shall—

(A) administer the Mount Hood National Recreation Area—

(i)

in accordance with the laws (including regulations) and rules applicable to the National Forest System; and

(ii)

consistent with the purposes described in subsection (a); and

(B)

only allow uses of the Mount Hood National Recreation Area that are consistent with the purposes described in subsection (a).

(2) Applicable law

Any portion of a wilderness area designated by section 1202 [1] that is located within the Mount Hood National Recreation Area shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).

(e) TimberThe cutting, sale, or removal of timber within the Mount Hood National Recreation Area may be permitted—

(1) to the extent necessary to improve the health of the forest in a manner that—

(A) maximizes the retention of large trees—

(i)

as appropriate to the forest type; and

(ii)

to the extent that the trees promote stands that are fire-resilient and healthy;

(B)

improves the habitats of threatened, endangered, or sensitive species; or

(C)

maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire;

(2)

to accomplish an approved management activity in furtherance of the purposes established by this section, if the cutting, sale, or removal of timber is incidental to the management activity; or

(3)

for de minimus personal or administrative use within the Mount Hood National Recreation Area, where such use will not impair the purposes established by this section.

(f) Road constructionNo new or temporary roads shall be constructed or reconstructed within the Mount Hood National Recreation Area except as necessary—

(1)

to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would cause the loss of life or property;

(2)

to conduct environmental cleanup required by the United States;

(3)

to allow for the exercise of reserved or outstanding rights provided for by a statute or treaty;

(4)

to prevent irreparable resource damage by an existing road; or

(5)

to rectify a hazardous road condition.

(g) WithdrawalSubject to valid existing rights, all Federal land within the Mount Hood National Recreation Area is withdrawn from—

(1)

all forms of entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under all laws relating to mineral and geothermal leasing.

(h) Transfer of administrative jurisdiction

(1) In general

Administrative jurisdiction over the Federal land described in paragraph (2) is transferred from the Bureau of Land Management to the Forest Service.

(2) Description of land

The land referred to in paragraph (1) is the approximately 130 acres of land administered by the Bureau of Land Management that is within or adjacent to the Mount Hood National Recreation Area and that is identified as “BLM Lands” on the map entitled “National Recreation Areas—Shellrock Mountain”, dated February 2007.

(Pub. L. 111–11, title I, § 1204, Mar. 30, 2009, 123 Stat. 1013.)

[1]  See References in Text note below.

Editorial Notes

References in Text

This subtitle, referred to in subsec. (c)(2), is subtitle C (§§ 1201–1207) of title I of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1007, which enacted this subchapter and section 539n of this title, amended sections 544k and 1274 of this title, enacted provisions set out as a note under section 1274 of this title, enacted provisions listed in a table of National Memorials set out under section 320301 of Title 54, National Park Service and Related Programs, and enacted and amended provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of subtitle C to the Code, see Tables.

Section 1202, referred to in subsec. (d)(2), is section 1202 of Pub. L. 111–11, which enacted provisions listed in a table of National Memorials set out under section 320301 of Title 54, National Park Service and Related Programs, and enacted and amended provisions listed in a table of Wilderness Areas set out under section 1132 of this title.

The Wilderness Act, referred to in subsec. (d)(2), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.

Statutory Notes and Related Subsidiaries

Definitions

Pub. L. 111–11, title I, § 1201, Mar. 30, 2009, 123 Stat. 1007, provided that:

“In this subtitle [subtitle C (§§ 1201–1207) of title I of Pub. L. 111–11, see References in Text note above]:

“(1) Secretary.—

The term ‘Secretary’ means the Secretary of Agriculture.

“(2) State.—

The term ‘State’ means the State of Oregon.”