PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -526
(4) The management plan may include public trail access
through section 28, township 8 south, range 5 east, Willamette
Meridian, to Battle Axe Creek, Opal Pool and other areas
in the Opal Creek Wilderness and the Opal Creek Scenic Recreation Area.
(d) TRANSPORTATION PLANNING. —
(1) IN GENERAL.— Except as provided in this subparagraph,
motorized vehicles shall not be permitted in the Scenic Recreation Area. To maintain reasonable motorized and other access
to recreation sites and facilities in existence on the date of
enactment of this title, the Secretary shall prepare a transportation plan for the Scenic Recreation Area that:
(A) evaluates the road network within the Scenic Recreation Area to determine which roads should be retained
and which roads should be closed;
(B) provides guidelines for transportation and access
consistent with this title;
(C) considers the access needs of persons with disabilities in preparing the transportation plan for the Scenic
Recreation Area;
(D) allows forest road 2209 beyond the gate to the
Scenic Recreation Area, as depicted on the map described
in 102(2), to be used by motorized vehicles only for administrative purposes and for access by private inholders, subject
to such terms and conditions as the Secretary may determine to be necessary; and
(E) restricts construction on or improvements to forest
road 2209 beyond the gate to the Scenic Recreation Area
to maintaining the character of the road as it existed
upon the date of enactment of this title, which shall not
include paving or widening. In order to comply with subsection 107(b) of this title, the Secretary may make
improvements to forest road 2209 and its bridge structures
consistent with the character of the road as it existed
on the date of enactment of this title.
(e) HUNTING AND FISHING. —
(1) IN GENERAL.— Subject to applicable Federal and State
law, the Secretary shall permit hunting and fishing in the
Scenic Recreation Area.
(2) LIMITATION.— The Secretary may designate zones in
which, and establish periods when, no hunting or fishing shall
be permitted for reasons of public safety, administration, or
public use and enjoyment of the Scenic Recreation Area.
(3) CONSULTATION.— Except during an emergency, as determined by the Secretary, the Secretary shall consult with the
Oregon State Department of Fish and Wildlife before issuing
any regulation under this subsection.
(f) TIMBER CUTTING. —
(1) IN GENERAL.— Subject to paragraph (2), the Secretary
shall prohibit the cutting and/or selling of trees in the Scenic
Recreation Area.
(2) PERMITTED CUTTING.—
(A) IN GENERAL.— Subject to subparagraph (B), the Secretary may allow the cutting of trees in the Scenic Recreation Area only—
(i) for public safety, such as to control the continued spread of a forest fire in the Scenic Recreation
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