Page:United States Statutes at Large Volume 110 Part 4.djvu/689

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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