US Codex
Bill
Notes

Title II — Recreation

S. 1110 · 116th Congress · Apr 10, 2019 · Lineage

II Recreation

Sec. 201 Horse Mountain Special Management Area

(a)
Establishment— Subject to valid existing rights, there is established the Horse Mountain Special Management Area (referred to in this section as the “special management area”) comprising approximately 7,399 acres of Federal land administered by the Forest Service in Humboldt County, California, as generally depicted on the map entitled “Horse Mountain Special Management Area—Proposed” and dated April 13, 2017.
(b)
Purposes— The purpose of the special management area is to enhance the recreational and scenic values of the special management area while conserving the plants, wildlife, and other natural resource values of the area.
(c)
Management plan—
(1)
In general— Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the special management area.
(2)
Consultation— In developing the management plan required under paragraph (1), the Secretary shall consult with—
(A)
appropriate State, Tribal, and local governmental entities; and
(B)
members of the public.
(3)
Additional requirement— The management plan required under paragraph (1) shall ensure that recreational use within the special management area does not cause significant adverse impacts on the plants and wildlife of the special management area.
(d)
Management—
(1)
In general— The Secretary shall manage the special management area—
(A)
in furtherance of the purposes described in subsection (b); and
(B)
in accordance with—
(i)
the laws (including regulations) generally applicable to the National Forest System;
(ii)
this section; and
(iii)
any other applicable law (including regulations).
(2)
Recreation— The Secretary shall continue to authorize, maintain, and enhance the recreational use of the special management area, including hunting, fishing, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, rafting, mountain biking, and motorized recreation on authorized routes, and other recreational activities, so long as such recreational use is consistent with the purposes of the special management area, this section, other applicable law (including regulations), and applicable management plans.
(3)
Motorized vehicles—
(A)
In general— Except as provided in subparagraph (B), the use of motorized vehicles in the special management area shall be permitted only on roads and trails designated for the use of motorized vehicles.
(B)
Use of snowmobiles— The winter use of snowmobiles shall be allowed in the special management area—
(i)
during periods of adequate snow coverage during the winter season; and
(ii)
subject to any terms and conditions determined to be necessary by the Secretary.
(4)
New trails—
(A)
In general— The Secretary may construct new trails for motorized or nonmotorized recreation within the special management area in accordance with—
(i)
the laws (including regulations) generally applicable to the National Forest System;
(ii)
this section; and
(iii)
any other applicable law (including regulations).
(B)
Priority— In establishing new trails within the special management area, the Secretary shall—
(i)
prioritize the establishment of loops that provide high-quality, diverse recreational experiences; and
(ii)
consult with members of the public.
(e)
Withdrawal— Subject to valid existing rights, the special management area is withdrawn from—
(1)
all forms of appropriation or disposal under the public land laws;
(2)
location, entry, and patent under the mining laws; and
(3)
disposition under laws relating to mineral and geothermal leasing.

Sec. 202 Bigfoot National Recreation Trail

(a)
Feasibility study—
(1)
In general— Not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall submit to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate a study that describes the feasibility of establishing a nonmotorized Bigfoot National Recreation Trail that follows the route described in paragraph (2).
(2)
Route— The trail described in paragraph (1) shall extend from the Ides Cove Trailhead in the Mendocino National Forest to Crescent City, California, by roughly following the route as generally depicted on the map entitled “Bigfoot National Recreation Trail—Proposed” and dated July 25, 2018.
(3)
Additional requirement— In completing the study required by subsection (a), the Secretary of Agriculture shall consult with—
(A)
appropriate Federal, State, Tribal, regional, and local agencies;
(B)
private landowners;
(C)
nongovernmental organizations; and
(D)
members of the public.
(b)
Designation—
(1)
In general— Upon a determination that the Bigfoot National Recreation Trail is feasible and meets the requirements for a National Recreation Trail in 16 U.S.C. 1243, the Secretary of Agriculture shall designate the Bigfoot National Recreation Trail in accordance with—
(A)
the National Trails System Act (Public Law 90–543);
(B)
this Act; and
(C)
other applicable law (including regulations).
(2)
Administration— Upon designation by the Secretary of Agriculture, the Bigfoot National Recreation Trail (referred to in this section as the “trail”) shall be administered by the Secretary of Agriculture, in consultation with—
(A)
other Federal, State, Tribal, regional, and local agencies;
(B)
private landowners; and
(C)
other interested organizations.
(3)
Private property rights—
(A)
In general— No portions of the trail may be located on non-Federal land without the written consent of the landowner.
(B)
Prohibition— The Secretary of Agriculture shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in the land.
(C)
Effect— Nothing in this section—
(i)
requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or
(ii)
modifies any provision of Federal, State, or local law with respect to public access to or use of private land.
(c)
Cooperative agreements— In carrying out this section, the Secretary of Agriculture may enter into cooperative agreements with State, Tribal, and local government entities and private entities to complete needed trail construction, reconstruction, realignment, maintenance, or education projects related to the Bigfoot National Recreation Trail.
(d)
Map—
(1)
Map required— Upon designation of the Bigfoot National Recreation Trail, the Secretary of Agriculture shall prepare a map of the trail.
(2)
Public availability— The map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

Sec. 203 Elk Camp Ridge Recreation Trail

(a)
Designation—
(1)
In general— In accordance with paragraph (2), the Secretary of Agriculture after an opportunity for public comment, shall designate a trail (which may include a system of trails)—
(A)
for use by off-highway vehicles or mountain bicycles, or both; and
(B)
to be known as the “Elk Camp Ridge Recreation Trail”.
(2)
Requirements— In designating the Elk Camp Ridge Recreation Trail (referred to in this section as the “trail”), the Secretary shall only include trails that are—
(A)
as of the date of enactment of this Act, authorized for use by off-highway vehicles or mountain bikes, or both; and
(B)
located on land that is managed by the Forest Service in Del Norte County.
(3)
Map— A map that depicts the trail shall be on file and available for public inspection in the appropriate offices of the Forest Service.
(b)
Management—
(1)
In general— The Secretary shall manage the trail—
(A)
in accordance with applicable laws (including regulations);
(B)
to ensure the safety of citizens who use the trail; and
(C)
in a manner by which to minimize any damage to sensitive habitat or cultural resources.
(2)
Monitoring; evaluation— To minimize the impacts of the use of the trail on environmental and cultural resources, the Secretary shall annually assess the effects of the use of off-highway vehicles and mountain bicycles on—
(A)
the trail;
(B)
land located in proximity to the trail; and
(C)
plants, wildlife, and wildlife habitat.
(3)
Closure— The Secretary, in consultation with the State and Del Norte County, and subject to paragraph (4), may temporarily close or permanently reroute a portion of the trail if the Secretary determines that—
(A)
the trail is having an adverse impact on—
(i)
wildlife habitats;
(ii)
natural resources;
(iii)
cultural resources; or
(iv)
traditional uses;
(B)
the trail threatens public safety; or
(C)
closure of the trail is necessary—
(i)
to repair damage to the trail; or
(ii)
to repair resource damage.
(4)
Rerouting— Any portion of the trail that is temporarily closed by the Secretary under paragraph (3) may be permanently rerouted along any road or trail—
(A)
that is—
(i)
in existence as of the date of the closure of the portion of the trail;
(ii)
located on public land; and
(iii)
open to motorized or mechanized use; and
(B)
if the Secretary determines that rerouting the portion of the trail would not significantly increase or decrease the length of the trail.
(5)
Notice of available routes— The Secretary shall ensure that visitors to the trail have access to adequate notice relating to the availability of trail routes through—
(A)
the placement of appropriate signage along the trail; and
(B)
the distribution of maps, safety education materials, and other information that the Secretary concerned determines to be appropriate.
(c)
Effect— Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).

Sec. 204 Trinity Lake trail

(a)
Trail construction—
(1)
Feasibility study— Not later than 18 months after the date of enactment of this Act, the Secretary shall study the feasibility and public interest of constructing a recreational trail for nonmotorized uses around Trinity Lake.
(2)
Construction—
(A)
Construction authorized— Subject to appropriations, and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of the trail described in such paragraph is feasible and in the public interest, the Secretary may provide for the construction of the trail.
(B)
Use of volunteer services and contributions— The trail may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the trail.
(3)
Compliance— In carrying out this section, the Secretary shall comply with—
(A)
the laws (including regulations) generally applicable to the National Forest System; and
(B)
this Act.
(b)
Effect— Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).

Sec. 205 Trails study

(a)
In general— Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in accordance with subsection (b) and in consultation with interested parties, shall conduct a study to improve motorized and nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the portions of the Six Rivers, Shasta-Trinity, and Mendocino National Forests located in Del Norte, Humboldt, Trinity, and Mendocino counties.
(b)
Consultation— In carrying out the study required by subsection (a), the Secretary of Agriculture shall consult with the Secretary of the Interior regarding opportunities to improve, through increased coordination, recreation trail opportunities on land under the jurisdiction of the Secretary of the Interior that shares a boundary with the national forest land described in subsection (a).

Sec. 206 Construction of mountain bicycling routes

(a)
Trail construction—
(1)
Feasibility study— Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall study the feasibility and public interest of constructing recreational trails for mountain bicycling and other nonmotorized uses on the routes as generally depicted in the report titled “Trail Study for Smith River National Recreation Area Six Rivers National Forest” and dated 2016.
(2)
Construction—
(A)
Construction authorized— Subject to appropriations, and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of one or more routes described in such paragraph is feasible and in the public interest, the Secretary may provide for the construction of the routes.
(B)
Modifications— The Secretary may modify the routes as necessary in the opinion of the Secretary.
(C)
Use of volunteer services and contributions— Routes may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the route.
(3)
Compliance— In carrying out this section, the Secretary shall comply with—
(A)
the laws (including regulations) generally applicable to the National Forest System; and
(B)
this Act.
(b)
Effect— Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).

Sec. 207 Partnerships

(a)
Agreements authorized— The Secretary is authorized to enter into agreements with qualified private and nonprofit organizations to undertake the following activities on Federal lands in Mendocino, Humboldt, Trinity, and Del Norte counties:
(1)
Trail and campground maintenance.
(2)
Public education, visitor contacts, and outreach.
(3)
Visitor center staffing.
(b)
Contents— Any agreements entered into under subsection (a) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization.
(c)
Compliance— The Secretary shall enter agreements under subsection (a) in accordance with existing law.
(d)
Effect— Nothing in this section—
(1)
reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or
(2)
amends or modifies the application of any existing law (including regulations) applicable to land under the jurisdiction of the Secretary.