U.S. Code » Title 16 » Chapter CHAPTER 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER XCI— HELLS CANYON NATIONAL RECREATION AREA

16 U.S.C. § 460gg

Establishment

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(a) In general

To assure that the natural beauty, and historical and archeological values of the Hells Canyon area and the seventy-one-mile segment of the Snake River between Hells Canyon Dam and the Oregon-Washington border, together with portions of certain of its tributaries and adjacent lands, are preserved for this and future generations, and that the recreational and ecologic values and public enjoyment of the area are thereby enhanced, there is hereby established the Hells Canyon National Recreation Area.

(b) Boundaries; publication in Federal Register

The Hells Canyon National Recreation Area (hereinafter referred to as the “recreation area”), which includes the Hells Canyon Wilderness (hereinafter referred to as the “wilderness”), the components of the Wild and Scenic Rivers System designated in section 3 of this Act, and the wilderness study areas designated in section 460gg–5(d) of this title, shall comprise the lands and waters generally depicted on the map entitled “Hells Canyon National Recreation Area” dated May 1978, which shall be on file and available for public inspection in the office of the Chief, Forest Service, United States Department of Agriculture. The Secretary of Agriculture (hereinafter referred to as “the Secretary”), shall, as soon as practicable, but no later than eighteen months after December 31, 1975, publish a detailed boundary description of the recreation area, the wilderness study areas designated in section 460gg–5(d) of this title, and the wilderness established in section 460gg–1 of this title in the Federal Register.

(Pub. L. 94–199, § 1, Dec. 31, 1975, 89 Stat. 1117; Pub. L. 95–625, title VI, § 607, Nov. 10, 1978, 92 Stat. 3520.)Editorial NotesReferences in Text

Section 3 of this Act, referred to in subsec. (b), is section 3 of Pub. L. 94–199. Subsec. (a) of section 3 added pars. (11) and (12) of section 1274(a) of this title, relating to components of the national wild and scenic rivers system. Subsec. (b) of section 3, relating to the administration of those segments of the Snake and Rapid Rivers designated as wild or scenic river areas, is set out as a note under section 1274 of this title.

Amendments

1978—Subsec. (b). Pub. L. 95–625 substituted “May 1978” for “September 1975” to clarify that the boundary between Saulsberry and Freezeout Saddles is the hydrologic divide.

Statutory Notes and Related SubsidiariesSeparability

Pub. L. 94–199, § 17, Dec. 31, 1975, 89 Stat. 1123, provided that: “If any provision of this Act [this subchapter] is declared to be invalid, such declaration shall not affect the validity of any other provision hereof.”

Notes of Decisions
Cited in 13 cases, 1979–2010 · leading case: Hells Canyon Pres. Council v. United States Forest Serv., 593 F.3d 923 (9th Cir. 2010).
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Hells Canyon Pres. Council v. United States Forest Serv., 593 F.3d 923 (9th Cir. 2010). · cites it 6× “iffs-Appellants Hells Canyon Preservation Council and The Wilderness Society (collectively, "HCPC" or "plaintiffs") brought suit against the United States Forest Service ("Forest Service" or "Service"), seeking a judgment declaring: (1) that the Forest Service has failed to…”
Potlatch Corp. v. United States, 12 P.3d 1260 (Idaho 2000). · cites it 12× “[2] See 16 U.S.C. §§ 460gg (1)-(13). Additionally, the United States claimed reserved water rights in the Boise, Payette, Clearwater, Nez Perce, Sawtooth, and Salmon-Challis National Forests under the Multiple-Use Sustained-Yield Act (MUSYA) (Subcase No.”
Hells Canyon Pres. Council v. United States Forest Serv., 403 F.3d 683 (9th Cir. 2005). · cites it 2× “1117 (1975), 16 U.S.C. §§ 460gg et seq. The HCNRA includes the “Hells Canyon Wilderness,” which is defined as the area “depicted on the map entitled ‘Hells Canyon National Recreation Area’ dated May 1978, 1 which shall be on file and available for public inspection in the…”
United States v. Hells Canyon Guide Serv., Inc., an Oregon Corp., & Forest O. Garrigus, Jr., Individually, 660 F.2d 735 (9th Cir. 1981). · cites it 2× “16 U.S.C. § 460gg(a). This area was placed under the direct supervision of the Secretary of Agriculture (the Secretary), who was given the following direction: “§ 460gg-7.”
Hells Canyon Pres. Council v. Richmond, 841 F. Supp. 1039 (D. Or. 1993). · cites it 3× “§§ 551 — 559 and the Hells Canyon *1042 National Recreation Area Act (“HCNRA Act”), 16 U.S.C. §§ 460gg to -13, to obtain declaratory and injunctive relief requiring defendant the United States Forest Service (“Forest Service”) to promulgate rules governing uses of the Hells…”
United States v. Benjamin Scott Lindsey & Thomas E. Lindsey, 595 F.2d 5 (9th Cir. 1979). “§ 551 respecting the National Forest System, 16 U.S.C. § 460gg respecting the Hells Canyon National Recreation Area and 16 U.”
Oregon Nat. Resources Council v. Lyng, 882 F.2d 1417 (9th Cir. 1989). “The specified purpose of the HCNRA Act is “[t]o assure that the natural beauty, and historical and archeological values” of this area “are preserved for this and future generations, and that the recreational and ecologic values and public enjoyment of the area are thereby…”
Hells Canyon All. v. United States Forest Serv., 227 F.3d 1170 (9th Cir. 2000). · cites it 3× “Hells Canyon Act § 1(a), 16 U.S.C. § 460gg(a). Included in the Hells Canyon NRA was the Hells Canyon Wilderness, as well as 71 miles of the Snake River.”
Hells Canyon Pres. Council v. United States Forest Serv., 883 F. Supp. 534 (D. Or. 1995). “94-199,16 U.S.C. § 460gg et seq. (the “Act”). The Act directed the Secretary of Agriculture to administer the recreation area in a manner compatible with several objectives, including “the continuation of such existing uses and developments as are compatible with the provisions…”
Appalachian Power Co. v. United States, 221 Ct. Cl. 398 (Ct. Cl. 1979). “1117 , establishing the Hells Canyon National Recreation Area, 16 U.S.C. § 460gg et seq. The Asotin Dam, authorized under provisions of the Flood Control Act of 1962, Pub.”
United States v. 16.92 Acres of Land, 670 F.2d 1369 (7th Cir. 1982). “An example where Congress specifically ruled out condemnation as a method of property acquisition is found in the Hells Canyon National Recreation Area Act, 16 U.S.C. § 460gg (1975). In this Act, the Secretary was authorized to purchase land “with donated or *1372 appropriated…”
Stewart v. US Ex Rel. Dept. of Agric., 639 F. Supp. 2d 1190 (D. Or. 2009). “§ 551 (providing authority to protect against destruction by fire and other degradation upon the national forests), 16 U.S.C. § 460gg (providing authority to regulate privately owned property within the Hells Canyon Recreation Area), and 16 U.”
Show all 13 citing cases →
— 16 U.S.C. § 460gg(1) — 1 case
Potlatch Corp. v. United States, 12 P.3d 1260 (Idaho 2000). “[2] See 16 U.S.C. §§ 460gg (1)-(13). Additionally, the United States claimed reserved water rights in the Boise, Payette, Clearwater, Nez Perce, Sawtooth, and Salmon-Challis National Forests under the Multiple-Use Sustained-Yield Act (MUSYA) (Subcase No.”
— 16 U.S.C. § 460gg(a) — 5 cases
United States v. Hells Canyon Guide Serv., Inc., an Oregon Corp., & Forest O. Garrigus, Jr., Individually, 660 F.2d 735 (9th Cir. 1981). “16 U.S.C. § 460gg(a). This area was placed under the direct supervision of the Secretary of Agriculture (the Secretary), who was given the following direction: “§ 460gg-7.”
Potlatch Corp. v. United States, 12 P.3d 1260 (Idaho 2000). “[2] See 16 U.S.C. §§ 460gg (1)-(13). Additionally, the United States claimed reserved water rights in the Boise, Payette, Clearwater, Nez Perce, Sawtooth, and Salmon-Challis National Forests under the Multiple-Use Sustained-Yield Act (MUSYA) (Subcase No.”
Hells Canyon Pres. Council v. Richmond, 841 F. Supp. 1039 (D. Or. 1993). “§§ 551 — 559 and the Hells Canyon *1042 National Recreation Area Act (“HCNRA Act”), 16 U.S.C. §§ 460gg to -13, to obtain declaratory and injunctive relief requiring defendant the United States Forest Service (“Forest Service”) to promulgate rules governing uses of the Hells…”
Oregon Nat. Resources Council v. Lyng, 882 F.2d 1417 (9th Cir. 1989). “The specified purpose of the HCNRA Act is “[t]o assure that the natural beauty, and historical and archeological values” of this area “are preserved for this and future generations, and that the recreational and ecologic values and public enjoyment of the area are thereby…”
Hells Canyon All. v. United States Forest Serv., 227 F.3d 1170 (9th Cir. 2000). “Hells Canyon Act § 1(a), 16 U.S.C. § 460gg(a). Included in the Hells Canyon NRA was the Hells Canyon Wilderness, as well as 71 miles of the Snake River.”
— 16 U.S.C. § 460gg(b) — 5 cases
Hells Canyon Pres. Council v. United States Forest Serv., 593 F.3d 923 (9th Cir. 2010). “iffs-Appellants Hells Canyon Preservation Council and The Wilderness Society (collectively, "HCPC" or "plaintiffs") brought suit against the United States Forest Service ("Forest Service" or "Service"), seeking a judgment declaring: (1) that the Forest Service has failed to…”
Potlatch Corp. v. United States, 12 P.3d 1260 (Idaho 2000). “[2] See 16 U.S.C. §§ 460gg (1)-(13). Additionally, the United States claimed reserved water rights in the Boise, Payette, Clearwater, Nez Perce, Sawtooth, and Salmon-Challis National Forests under the Multiple-Use Sustained-Yield Act (MUSYA) (Subcase No.”
Hells Canyon Pres. Council v. United States Forest Serv., 403 F.3d 683 (9th Cir. 2005). “1117 (1975), 16 U.S.C. §§ 460gg et seq. The HCNRA includes the “Hells Canyon Wilderness,” which is defined as the area “depicted on the map entitled ‘Hells Canyon National Recreation Area’ dated May 1978, 1 which shall be on file and available for public inspection in the…”
Hells Canyon All. v. United States Forest Serv., 227 F.3d 1170 (9th Cir. 2000). “Hells Canyon Act § 1(a), 16 U.S.C. § 460gg(a). Included in the Hells Canyon NRA was the Hells Canyon Wilderness, as well as 71 miles of the Snake River.”
Hells Canyon v. Usfs (9th Cir. 2010).
— 16 U.S.C. § 460gg(l) — 1 case
Potlatch Corp. v. United States, 12 P.3d 1260 (Idaho 2000). “[2] See 16 U.S.C. §§ 460gg (1)-(13). Additionally, the United States claimed reserved water rights in the Boise, Payette, Clearwater, Nez Perce, Sawtooth, and Salmon-Challis National Forests under the Multiple-Use Sustained-Yield Act (MUSYA) (Subcase No.”
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