IMBA - International Mountain Bicycling Association
What would we do without trails?

Legislative Language for Proposed Trabuco Protection Area

This proposal is the product of a negotiation between mountain bicyclists and Sierra Club activists in southern California. The parties agreed that a large area of the Trabuco District of the Cleveland National Forest should be protected using this language that would be added to the U.S. Code (federal law). They also agreed to mutually support several Wilderness areas in the District that do not conflict with bicycling.


TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I–ESTABLISHMENT AND ADMINISTRATION

Sec. 539__. Trabuco Protection Area

(a) Establishment

In order to conserve, protect, and enhance the historic, archaeological, scenic, wildlife, recreational, and other natural resource values of the Trabuco area, there is hereby established the Trabuco Protection Area (hereinafter in this Act referred to as the "protection area").

(b) Area included

The protection area shall consist of certain lands in the Trabuco Ranger District of the Cleveland National Forest, California, which comprise approximately 24,000 acres, as generally depicted as "Area A" on a map entitled "Trabuco Protection Area Proposal", dated November, 2001.

(c) Administration

The Secretary of Agriculture shall administer the protection area in accordance with this section and the laws and regulations generally applicable to the National Forest System.

(d) Withdrawal

Subject to valid existing rights, all lands within the protection area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, and from disposition under the mineral and geothermal leasing laws, including all amendments thereto.

(e) Timber harvesting

No timber harvesting shall be allowed within the protection area except to the extent that would be permitted in wilderness under section 1133(d)(1) of this title for necessary control of fire, insects, and diseases, and for public safety.

(f)  Development

After the date of enactment of this Act, no new roads, bridges, tunnels, or dams may be constructed or established within the Protection Area.  Subject to valid existing rights, no structure or buildings of any sort may be constructed within the Protection Area.

(g) Motorized Travel

Motorized travel shall not be permitted within the protection area except where necessary for administrative purposes or to respond to an emergency. At all times, mechanized, non-motorized travel shall be permitted within the protection area.

References in Text

This Act, referred to in subsecs. (a), is Pub. L. 100-150, Nov. 3, 1987, 101 Stat. 881, which enacted this section and amended section 1274 of this title. For complete classification of this Act to the Code, see Tables.The mining laws, referred to in subsec. (d), are classified generally to Title 30, Mineral Lands and Mining. Mineral leasing laws, referred to in subsec. (d), have been defined in sections 351, 505, 530, and 541e of Title 30, to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 437; Apr.  17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44 Stat.  1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known as the Mineral Leasing Act and is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified generally to subchapter VIII (Sec. 271 et seq.) of chapter 3A of Title 30. The act of Feb. 7, 1927, is classified principally to subchapter IX (Sec. 281 et seq.) of chapter 3A of Title 30. For complete classification of these Acts to the Code, see Tables.

Email this page Printable Version

Help | Site Map | Copyright
IMBA Homepage Join IMBA Now!