13. NATIONAL FORESTS-MANAGEMENT FOR MULTIPLE USE MULTIPLE USE-SUSTAINED YIELD ACT Act of June 12, 1960 (74 Stat. 215; 16 U.S.C. 528-531) Sec. 1. Management. TABLE OF CONTENTS Sec. 2. Multiple use; sustained yield. Sec. 3. Cooperation with States. MANAGEMENT SECTION 1. It is the policy of the Congress that the national forests are established and shall be administered for outdoor recreation, range, timber, watershed, and wildlife and fish purposes. The purposes of this Act are declared to be supplemental to, but not in derogation of, the purposes for which the national forests were established as set forth in the Act of June 4, 1897 (16 U.S.C. 475). Nothing herein shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish on the national forests. Nothing herein shall be construed so as to affect the use or administration of the mineral resources of national forest lands or to affect the use or administration of Federal lands not within national forests. (June 12, 1960, § 1, 74 Stat. 215.) MULTIPLE USE; SUSTAINED YIELD SEC. 2. The Secretary of Agriculture is authorized and directed to develop and administer the renewable surface resources of the national forests for multiple use and sustained yield of the several products and services obtained therefrom. In the administration of the national forests due consideration shall be given to the relative values of the various resources in particular areas. The establishment and maintenance of areas of wilderness are consistent with the purposes and provisions of this Act. (June 12, 1960, § 2, 74 Stat. 215.) COOPERATION WITH STATES SEC. 3. In the effectuation of this Act the Secretary of Agriculture is authorized to cooperate with interested State and local governmental agencies and others in the development and management of the national forests. (June 12, 1960, § 3, 74 Stat. 215.) DEFINITIONS SEC. 4. As used in this Act, the following terms shall have the following meanings: (a) "Multiple use" means the management of all the various renewable surface resources of the national forests so that they are utilized in the combination that will best meet the needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; that some land will be used for less than all of the resources; and harmonious and coordinated management of the various resources, each with the other, without impairment of the productivity of the land, with consideration being given to the relative values of the various resources, and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output. (b) "Sustained yield of the several products and services" means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the national forests without impairment of the productivity of the land. (June 12, 1960, § 4, 74 Stat. 215.) F. Wildlife in National Park System 1. CAPE COD NATIONAL SEASHORE Act of August 7, 1961 (75 Stat. 290; 16 U.S.C. 459b-459b-8) * ADMINISTRATION SEC. 7. (a) Except as otherwise provided in this Act, the property acquired by the Secretary under this Act shall be administered by the Secretary subject to the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535), as amended and supplemented, and in accordance with laws of general application relating to the national park system as defined by the Act of August 8, 1953 (67 Stat. 496); except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this Act. PROTECTION AND DEVELOPMENT (b) (1) In order that the seashore shall be permanently preserved in its present state, no development or plan for the convenience of visitors shall be undertaken therein which would be incompatible with the preservation of the unique flora and fauna or the physiographic conditions now prevailing or with the preservation of such historic sites and structures as the Secretary may designate: Provided, That the Secretary may provide for the public enjoyment and understanding of the unique natural, historic, and scientific features of Cape Cod within the seashore by establishing such trails, observation points, and exhibits and providing such services as he may deem desirable for such public enjoyment and understanding: Provided further, That the Secretary may develop for appropriate public uses such portions of the seashore as he deems especially adaptable for camping, swimming, boating, sailing, hunting, fishing, the appreciation of historic sites and structures and natural features of Cape Cod, and other activities of similar nature. (2) In developing the seashore the Secretary shall provide public use areas in such places and manner as he determines will not diminish for its owners or occupants the value or enjoyment of any improved property located within the seashore. HUNTING AND FISHING; REGULATIONS (c) The Secretary may permit hunting and fishing, including shellfishing, on lands and waters under his jurisdiction within the seashore in such areas and under such regulations as he may prescribe during open seasons prescribed by applicable local, State and Federal law. The Secretary shall consult with officials of the Commonwealth of Massachusetts and any political subdivision thereof who have jurisdiction of hunting and fishing, including shellfishing, prior to the issuance of any such regulations, and the Secretary is authorized to enter into cooperative arrangements with such officials regarding such hunting and fishing, including shellfishing, as he may deem desirable, except that the Secretary shall leave all aspects of the propagation and taking of shellfish to the towns referred to in section 1 of this Act. NAVIGATION The Secretary shall not interfere with navigation of waters within the boundaries of the Cape Cod National Seashore by such means and in such areas as is now customary. (Aug. 7, 1961, § 7, 75 Stat. 291.) 2. CAPE HATTERAS NATIONAL SEASHORE RECREATIONAL AREA Act of August 17, 1937 (50 Stat. 669), as amended (16 U.S.C. 459a-1, 459a-2 (in part), and 459a-3) ADMINISTRATION; COMMERCIAL FISHING BY RESIDENTS; HUNTING SEC. 3. The administration, protection, and development of the aforesaid [Cape Hatteras] national seashore recreational area shall be exercised under the direction of the Secretary of the Interior by the National Park Service subject to the provision of sections 1, 2, 3 and 4 of the Act of August 25, 1916 (39 Stat. 535), as amended (16 U.S.C. 1, 2, 3 and 4): Provided, That except as hereinafter provided nothing herein shall be construed to divest the jurisdiction of other agencies of the Government exercised on August 17, 1937, over Federal-owned lands within the area of the said Cape Hatteras National Seashore Recreational Area: Provided further, That the provisions of the Federal Power Act shall not apply to this national seashore recreational area: And provided further, That the legal residents of villages referred to in section 1 of this Act shall have the right to earn a livelihood by fishing within the boundaries to be designated by the Secretary of the Interior, subject to such rules and regulations as the said Secretary may deem necessary in order to protect the area for recreational use as provided for in this Act: And provided further, That hunting shall be permitted, under such rules and regulations as may be prescribed by the Secretary of the Interior in conformity with the Migratory Bird Treaty Act, as follows: (a) Upon the waters of the sounds included within the national seashore recreational area, (b) in the area north of the Currituck County line, (c) on Ocracoke Island, and (d) within not more than two thousand acres of land in the remaining portion of said national seashore recreational area, as shall be designated by the Secretary of the Interior; except on lands and waters included in any existing or future wildlife or migratory bird refuge and adjacent closed waters. (Aug. 17, 1937, ch. 687, § 3, 50 Stat. 670; June 29, 1940, ch. 459, §§ 1, 2, 54 Stat. 702.) CHANGE OF NAME Words "national seashore recreational area" were substituted for "national seashore" throughout section by act June 29, 1940. PRESERVATION OF NATURAL FEATURES; ACQUISITION OF ADDITIONAL PROPERTY; REVERSION OF PROPERTY ON FAILURE OF CONDITIONS SEC. 4. Except for certain portions of the area, deemed to be especially adaptable for recreational uses, particularly swimming, boating, sailing, fishing, and other recreational activities of similar nature, 41-802-65--21 |