Smith River National Recreation Area Act
PL 101-612 (S.2566), enacted 11/16/1990

PUBLIC LAW 101-612—NOV. 16, 1990 
104 STAT. 3209 
Public Law 101-612 
101st Congress 
An Act 
To establish the Smith River National Recreation Area, to redesignate the Sunset 
Crater National Monument, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
Sections 1 through 14 of this Act may be cited as the "Smith River 
National Recreation Area Act". 
SEC. 2. FINDINGS. 
The Congress finds that— 
(1) the Smith River, undammed and free-flowing from its 
headwaters to the Pacific Ocean, represents one of the last 
wholly intact vestiges of an invaluable legacy of wild and scenic 
rivers; 
(2) the Smith River watershed, from the diverse conifer for-
ests of the Siskiyou Mountains and unique botanical commu-
nities of the North Fork serpentine to the ancient redwoods 
along the river's lower reaches, exhibits a richness of ecological 
diversity unusual in a basin of its size; 
(3) the Smith River watershed's scenic beauty, renowned 
anadromous fisheries, exceptional water quality, and abundant 
wildlife combine with its ready accessibility to offer exceptional 
opportunities for a wide range of recreational activities, includ-
ing wilderness, water sports, fishing, hunting, camping, and 
sightseeing; 
(4) careful development and utilization at mutually compat-
ible levels of recreation, fisheries, and timber resources on 
public lands will ensure the continuation of the Smith River 
watershed's historic role as a significant contributor to the 
region's local economy; and 
(5) protection of the Smith River's unique values can be 
enhanced by a cooperative effort by Federal, State and local 
governments to coordinate land-use planning, management, and 
development of Federal and non-Federal lands throughout the 
watershed. 
SEC. 3. DEFINITIONS. 
As used in this Act— 
(1) the term "excluded area" means one of the four areas 
specifically excluded from the recreation area, as generally 
depicted on the map referred to in section 4(b); 
(2) the term "forest plan" means the land and resource 
management plan for the Six Rivers National Forest prepared 
pursuant to section 6 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604); 
(3) the term "recreation area" means the Smith River Na-
tional Recreation Area established by section 4; 
Nov. 16, 1990 
[S. 2566] 
Smith River 
National 
Recreation Area 
Act. 
California. 
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note. 
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104 STAT. 3210 
PUBLIC LAW 101-612—NOV. 16, 1990 
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Regulations. 
Hunting, 
Fishing. 
Water pollution 
control. 
(4) the term "Secretary" means the Secretary of Agriculture; 
and 
(5) the term "inner gorge" means the inherently unstable 
steep slope (65 percent gradient or more) immediately adjacent 
to the stream or river channel, extending from the channel or 
recent floodplain to the first significant break in slope (usually 
15 percent or more). 
SEC. 4. SMITH RIVER NATIONAL RECREATION AREA. 
(a) ESTABLISHMENT.—For the purposes of ensuring the preserva-
tion, protection, enhancement, and interpretation for present and 
future generations of the Smith River watershed's outstanding wild 
and scenic rivers, ecological diversity, and recreation opportunities 
while providing for the wise use and sustained productivity of its 
natural resources, there is hereby established the Smith River 
National Recreation Area. 
(b) BOUNDARIES.—(1) The recreation area shall consist of those 
lands within the area generally depicted on the map entitled "Pro-
posed Smith River National Recreation Area" and dated July 1990. 
The map shall be on file and available for public inspection in the 
Office of the Chief, Forest Service, Department of Agriculture. The 
Secretary may, by publication of availability of a revised map and 
after public comment, make corrections or minor changes to the 
boundary of the recreation area. 
(2) The exterior boundary of the recreation area, as generally 
depicted on the map, shall encompass the recreation area and the 
four excluded areas. 
(c) BOUNDARY MODIFICATION.—The boundaries of the Six Rivers 
National Forest are hereby modified as generally depicted on the 
map referred to in subsection (b). A map and legal description of the 
boundary of the Six Rivers National Forest as modified by this 
subsection shall be on file and available for public inspection in the 
Office of the Chief, Forest Service, and the Office of the Forest 
Supervisor of the Six Rivers National Forest. 
(d) TRANSFER.—The federally owned lands within the recreation 
area administered by the Secretary of the Interior on the date of 
enactment of this Act, comprising approximately 20 acres, are 
hereby transferred to the jurisdiction of the Secretary of Agriculture 
and shall be managed in accordance with the laws applicable to the 
National Forest System and this Act. 
SEC. 5. ADMINISTRATION. 
(a) IN GENERAL.—The Secretary shall administer the recreation 
area in accordance with this Act and the laws, rules, and regulations 
applicable to the National Forest System in furtherance of the 
purposes for which the recreation area was established. In admin-
istering the recreation area, the Secretary shall, consistent with the 
applicable area management emphasis provided under subsection 
(b), undertake the following: 
(1) Provide for a broad range of recreation uses and provide 
recreational and interpretive services and facilities (including 
trails and campgrounds) for the public. 
(2) Provide and maintain adequate public access, including 
vehicular roads for general recreational activities such as camp-
ing, hiking, hunting, and fishing. 
(3) Improve the anadromous fishery and water quality, includ-
ing (but not limited to) stabilizing landslides, improving fish 
PUBLIC LAW 101-612—NOV. 16, 1990 
104 STAT. 3211 
spawning and rearing habitat, and placing appropriate restric-
tions or limitations on soil disturbing activities. 
(4) Permit the use of off-road vehicles only on designated 
routes. 
(5) Provide for public health and safety and for the protection 
of the recreation area in the event of fire or infestation of 
insects or disease. 
(6) Permit programmed timber harvest only in those manage-
ment areas where timber harvest is specifically authorized by 
subsection Ot)). Timber management in these areas shall incor-
porate the use of strategies to reduce habitat fragmentation and 
employ silvicultural prescriptions designed to maintain or en-
hance biological diversity and wildlife habitats (such as reten-
tion of standing green trees, snags, and other coarse woody 
debris) by providing for a high level of structural and 
compositional diversity in managed stands. 
(7) Permit removal of trees within streamside protection zones 
along those rivers and river segments specified in section 11 of 
this Act only when necessary for human health and safety, to 
maintain trails or existing roads, for the development of recre-
ation or other facilities, for the protection of the recreation area 
in the event of fire, or to improve fish and wildlife habitat. 
(8) Consistent with applicable requirements of law, permit Public health, 
removal of trees in those management areas where timber Safety, 
harvest is not specifically authorized by subsection (b) when 
necessary for human health and safety, to maintain trails or 
existing roads, for the development of recreation or other facili-
ties, for the protection of the recreation area in the event of fire, 
or to improve fish and wildlife habitat. Timber damaged or 
down in these areas as a result of fire, insects, disease, blow-
down or other natural events shall otherwise be retained in its 
natural condition, with removal permitted only upon a written 
determination by the Secretary, based upon written findings, 
that such removal is necessary to provide for or maintain or 
enhance biological and ecological diversity, without regard for 
the commodity value of the timber. Such a decision shall not be Courts, 
delegable by the Secretary but shall be subject to administrative 
appeal and judicial review. 
(9) Provide for the long-term viability and presence of Port-
Orford-cedar and ensure its continued present economic and 
noneconomic uses through implementation of management 
strategies developed by the Forest Service. 
(10) Except where timber harvest is specifically authorized by 
subsection (b) protect, preserve, and increase old growth forest 
habitat in the recreation area. 
(11) Provide for the restoration of landscapes damaged by past 
human activity consistent with the purposes of this Act, 
(12) Develop a monitoring program to consistently gather 
water quality, air quality, wildlife, and fisheries data from 
representative Smith River subwatersheds. 
(13) Develop and implement a management plan to maintain, 
protect, and promote habitat for native resident trout species in 
the recreation area. 
(14) (I!ooperate with other Federal, State, and local govern-
ment agencies in coordinating planning efforts throughout the 
Smith River watershed. 
104 STAT. 3212 
PUBLIC LAW 101-612—NOV. 16, 1990 
(b) MANAGEMENT AREAS.—(1) The recreation area shall contain 
eight management areas, as generally depicted on the map referred 
to in section 4(b). The Secretary may, pursuant to section 4(b), make 
minor revisions or amendments to the boundaries of the manage-
ment areas. 
(2) The Secretary shall administer each management area within 
the recreation area in accordance with the following: 
(A) The management emphasis for the North Fork manage-
ment area shall be on back-country and Whitewater recreation, 
while recognizing unique botanic communities, outstanding 
Whitewater, and historic and scenic values. 
(B) The management emphasis for the Upper Middle Fork 
management area shall be on providing and maintaining 
ecologic and biologic diversity. Timber harvest shall be 
permitted, consistent with subsection (a)(6), only in existing 
plantations. 
(C) The management emphasis for the Middle Fork-Highway 
199 management area shall be on maintaining wildlife values 
and providing for a full range of recreation uses, with particular 
emphasis on the scenic and recreation values associated with 
the Smith River, old growth redwoods, and California State 
Highway 199. 
(D) The management emphasis for the Upper South Fork 
management area shall be on wild river and roadless back-
country recreation. 
(E) The management emphasis for the Lower South Fork 
management area shall be on maintaining and protecting natu-
ral scenic values in the river canyon while providing for 
traditional and compatible river sports, including white water 
rafting, angling, sightseeing, and developed and dispersed recre-
ation. Timber harvests based on uneven-aged management with 
extended rotations shall be allowed where consistent with 
protection of the scenic values of the recreation area. 
(F) The management emphasis for the Lower Hurdygurdy 
Creek management area shall be on maintenance of wildlife 
values while providing rustic family and group recreation facili-
ties for fishing, swimming, hunting, and camping. Timber 
harvests based on uneven-aged management with extended 
rotations shall be allowed where consistent with protection of 
scenic and wildlife values. 
(G) The management emphasis for the prescribed timber 
management area shall be on providing a sustained yield of 
wood products while maintaining biological and ecological 
diversity. 
(H) The management of the Siskiyou Wilderness management 
area shall be pursuant to the provisions of the Wilderness Act 
(16 U.S.C. 1131 et seq.). The Gasquet-Orleans Road corridor 
between the eastern edge of section 36, T. 14 N., R. 3 E, and the 
corridor's eastern terminus in the middle of section 26, T. 14 
N., R. 4 E. shall be added to the Siskiyou Wilderness. 
(c) WILD AND SCENIC RIVERS.—The river segments designated as 
wild and scenic rivers by the amendments made by section 10(b) of 
this Act shall be administered in accordance with this Act and the 
Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). In case of 
conflict between the provisions of these Acts, the more restrictive 
provision shall apply. 
PUBLIC LAW 101-612—NOV. 16, 1990 
104 STAT. 3213 
SEC. 6. ACQUISITION AND DISPOSAL OF LANDS AND OTHER PROPERTY. 
(a) ACQUISITION.—The Secretary is authorized to acquire by pur-
chase, donation, exchange, or otherwise lands, waters, or interests 
therein (including scenic or other easements), and structures or 
other improvements thereon, within the boundaries of the recre-
ation area as the Secretary determines appropriate for the purposes 
of this Act. In exercising this authority, the Secretary is directed to 
give prompt and careful consideration to any offer to sell, exchange, 
or otherwise dispose of such property made by an individual or 
organization. The Secretary shall not acquire any land or interest in 
land owned by the State of California or any of its political subdivi-
sions within the recreation area except by donation or exchange. All 
lands acquired by the Secretary pursuant to this Act shall be subject 
to the laws and regulations pertaining to the National Forest 
System and this Act. 
(b) TRANSFERS TO DEL NORTE COUNTY.—(1) Upon the adoption of a 
resolution by the Board of Supervisors of the County of Del Norte, 
California, accepting title to the lands described in paragraph (2) 
and subject to the County of Del Norte bearing the cost of the survey 
of such lands, the Secretary shall transfer all right, title, and 
interest of the United States in and to the lands described in 
paragraph (2). 
(2) The lands referred to in paragraph (1) are described as follows: 
(A) Lands north of tract 37, T. 17 N., R. 3 E., H.M., containing 
6 acres, more or less, and more particularly described as: 
Commencing at the N.E. corner of tract 37, T. 17 N., R. 3 
E., H.M.; thence, northerly on a line continuing the eastern 
boundary of said tract 37 to a point where it intersects the 
southern boundary of the easement for State highway con-
veyed to the State of California, Department of Transpor-
tation, on the 17th day of May 1977, and recorded on June 
22, 1977 at book 206 of Official Records, page 256; thence, 
southwesterly along the southern boundary of said ease-
ment to the point where it intersects the northern bound-
ary of said tract 37; thence, easterly gdong the northern 
boundary of said tract 37 to the point of beginning. 
(B) Lands east of tract 37, T. 17 N., R. 3 E., H.M., containing 6 
acres, more or less, and more particularly described as: 
Commencing at a point on the eastern boundary of tract 
37, T. 17 N., R. 3 E., H.M., lying 332 feet southerly of the 
N.E. corner of said tract 37; thence, due east to the high 
water line of the Middle Fork of the Smith River; thence, 
southwesterly along the high water line of the Middle Fork 
of the Smith River to its intersection with the northern 
boundary of tract 38, T. 17 N., R. 3 E.; thence, westerly 
along the northern boundary of said tract 38 to its intersec-
tion with said track 37; thence, northerly along the egistern 
boundary of said tract 37 to the point of beginning. 
(c) CONDITIONS OF TRANSFER.—Transfer of the lands and interests 
described in subsection (bX2) of this section shall be subject to the 
condition that all right, title, and interest therein shall revert to the 
United States if the county of Del Norte, California, attempts to 
transfer any portion of such lands to any other entity or person or if 
Del Norte County permits any portion of such lands to be used for 
any purpose incompatible with the purposes of this Act. The Sec-
retary shall include in any document of conveyance whereby such 
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104 STAT. 3214 
PUBLIC LAW 101-612—NOV. 16, 1990 
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lands are transferred to the county of Del Norte appropriate provi-
sions to implement this subsection. 
(d) WITHDRAWAL.—Subject to valid existing rights, all public lands 
within the recreation area are hereby withdrawn from entry, sale, 
or other disposition under the public land laws of the United States. 
This subsection shall not affect the exchange authorities of the 
Secretary. 
SEC. 7. FISH AND GAME. 
Nothing in this Act shall be construed to affect the jurisdiction or 
responsibilities of the State of California with respect to fish and 
wildlife, including the regulation of hunting, fishing, and trapping 
on any lands managed by the Secretary under this Act, except that 
the Secretary may designate zones where, and establish periods 
when, no hunting, fishing, or trapping shall be permitted for reasons 
of protecting nongame species and their habitats, public safety, 
administration, or public use £ind enjoyment. Except in emergencies, 
any regulation of the Secretary pursuant to this section shall be put 
into effect only after consultation with the fish and wildlife agency 
of the State of California. 
SEC. 8. MINERALS. 
(a) WITHDRAWAL,—Subject to valid existing rights. Federal lands 
within the exterior boundary of the recreation area are hereby 
withdrawn from all forms of location, entry, and patent under the 
United States mining laws and from disposition under the mineral 
leasing laws, including all laws pertaining to geothermal leasing. 
(b) PATENTS.—Patents may not be issued under the mining laws of 
the United States after the date of enactment of this Act for 
locations and claims made before the date of enactment of this Act 
on Federal lands located within the exterior boundaries of the 
recreation area. 
(c) ADMINISTRATION.—Subject to valid existing rights except for 
extraction of common variety minerals such as stone, sand, and 
gravel for use in construction and maintenance of roads and other 
facilities within the recreation area and the excluded areas, all 
other mineral development on federally owned lands within the 
recreation area is prohibited. 
(d) REGULATIONS.—The Secretary is authorized and directed to 
issue supplementary regulations to promote and protect the pur-
poses for which the recreation area is designated. 
SEC. 9. M A N A G E M E N T PLANNING. 
The Secretary shall revise the document entitled "Smith River 
National Recreation Area Management Plan" dated February 1990 
to conform to the provisions of this Act, and such revised plan shall 
guide management of the recreation area and shall be incorporated 
in its entirety into the forest plan for the Six Rivers National Forest. 
This incorporation shall not be deemed a revision or amendment to 
the forest plan for purposes of the section 6 of the Forest and 
Rangeland Renewable Resources Planning Act of 1974. The Sec-
retary shall make such further revisions to the management plan as 
are necessary in order to include more specific development and use 
plans for the recreation areas. Such revisions shall be made no later 
than 5 years after the enactment of this Act. Such revisions and any 
other modifications of the management plan shall be made only 
through the processes of revision or amendment of the forest plan 
PUBLIC LAW 101-612—NOV. 16, 1990 
104 STAT. 3215 
pursuant to section 6 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974, including appropriate consultation 
with State and local government officials and provision for full 
public participation considering the views of all interested parties, 
organizations, and individuals. 
SEC. 10. WILD AND SCENIC RIVERS. 
(a) PREVIOUS DESIGNATIONS.—Previous designations dated Janu-
ary 19, 1990, by the Secretary of the Interior (46 Fed. Reg. 7483-84) 
under section 2(aXii) of the Wild and Scenic Rivers Act (16 U.S.C. 
1273) of rivers within the exterior boundary of the recreation area 
are superseded by this Act. 
(b) DESIGNATIONS.—Section 3(a) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274) is amended by adding at the end thereof the 
following new paragraphs: 
"( ) SMITH RIVER, CAUFORNIA.—The segment from the con-
fluence of the Middle Fork Smith River and the North Fork Smith 
River to the Six Rivers National Forest boundary, including the 
following segments of the mainstem and certain tributaries, to be 
administered by the Secretary of Agriculture in the following 
classes: 
"(A) The segment from the confluence of the Middle Fork 
Smith River and the South Fork Smith River to the National 
Forest boundary, as a recreational river. 
"(B) Rowdy Creek from the California-Oregon State line to 
the National Forest boundary, as a recreational river. 
"( ) MIDDLE FORK SMITH RIVER, CAUFORNIA.—The segment from 
the headwaters to its confluence with the North Fork Smith River, 
including the following segments of the mainstem and certain tribu-
taries, to be administered by the Secretary of Agriculture in the 
following classes: 
"(A) The segment from its headwaters about 3 miles south of 
Sanger Lake, as depicted on the 1956 USGS 15° Preston Peak 
topographic map, to the center of section 7, T. 17 N., R. 5 E., as a 
wild river. 
"(B) The segment from the center of section 7, T, 17 N., R. 5 
E., to the center of section 6, T. 17 N., R. 5 E., as a scenic river. 
"(C) The segment from the center of section 6, T. 17 N., R. 5 
E., to one-hgdf mile upstream from its confluence with Knopki 
Creek, as a wild river. 
"(D) The segment from one-half mile upstream of its con-
fluence with Knopki Creek to its confluence with the South 
Fork Smith River, as a recreational river. 
"(E) M3rrtle Creek from its headwaters in section 9, T. 17 N., 
R. 1 E., as depicted on the 1952 USGS 15° Crescent City topo-
graphic map, to the middle of section 28, T. 17 N., R. 1 E., as a 
scenic river. 
"(F) Myrtle Creek from the middle of section 28, T. 17 N., R. 1 
E., to its confluence with the Middle Fork Smith River, as a wild 
river. 
"(G) Shelly Creek from its headwaters in section 1, T. 18 N., 
R., 3 E., as depicted on the 1951 USGS 15° Gasquet topographic 
map, to its confluence with Patrick Creek, as a recreational 
river. 
"(H) Kelly Creek from its headwaters in section 32, T. 17 N., 
R. 3 E., as depicted on the 1951 USGS 15° Gasquet topographic 
104 STAT. 3216 
PUBLIC LAW 101-612—NOV. 16, 1990 
map, to its confluence with the Middle Fork Smith River, as a 
scenic river. 
"(I) Packsaddle Creek from its headwaters about 0.8 miles 
southwest of Broken Rib Mountain, as depicted on the 1956 
USGS 15° Preston Peak topographic map, to its confluence with 
the Middle Fork Smith River, as a scenic river. 
"(J) East Fork Patrick Creek from its headwaters in section 
10, T. 18 N., R. 3 E., as depicted on the 1951 USGS 15° Gasquet 
topographic map, to its confluence with the West Fork of Pat-
rick Creek, as a recreational river. 
"(K) West Fork Patrick Creek from its headwaters in section 
18, T. 18 N., R. 3 E., as depicted on the 1951 15° Gasquet 
topographic map to its confluence with the East Fork Patrick 
Creek, as a recreational river. 
"(L) Little Jones Creek from its headwaters in section 34, T. 
17 N., R. 3 E., as depicted on the 1951 USGS 15° Gasquet 
topographic map to its confluence with the Middle Fork Smith 
River, as a recreational river. 
"(M) Griffin Creek from its headwaters about 0.2 miles south-
west of Hazel View Summit, as depicted on the 1956 USGS 15° 
Preston Peak topographic map, to its confluence with the 
Middle Fork Smith River, as a recreational river. 
"(N) Knopki Creek from its headwaters about 0.4 miles west 
of Sanger Peak, as depicted on the 1956 USGS 15° Preston Peak 
topographic map, to its confluence with the Middle Fork Smith 
River, as a recreational river. 
"(O) Monkey Creek from its headwaters in the northeast 
quadrant of section 12, T. 18 N., R. 3 E., as depicted on the 1951 
USGS 15° Gasquet topographic map, to its confluence with the 
Middle Fork Smith River, as a recreational river. 
"(P) Patrick Creek from the junction of East and West Forks 
of Patrick Creek to its confluence with Middle Fork Smith 
River, as a recreational river. 
"(Q) Hardscrabble Creek from its headwaters in the northeast 
quarter of section 2, T. 17 N., R. 1 E., as depicted on the 1952 
USGS 15° Crescent City topographic map, to its confluence with 
the Middle Fork Smith River, £is a recreational river. 
"( ) NORTH FORK SMITH RIVER, CAUFORNIA.—The segment from 
the California-Oregon State line to its confluence with the Middle 
Fork Smith River, including the following segments of the mainstem 
and certain tributaries, to be administered by the Secretary of 
Agriculture in the following classes: 
"(A) The segment from the California-Oregon State line to its 
confluence with an unnamed tributary in the northeast quarter 
of section 5, T. 18 N., R. 2 E., as depicted on the 1951 USGS 15° 
Gasquet topographic map, as a wild river. 
"(B) The segment from its confluence with an unnamed tribu-
tary in the northeast quarter of section 5, T. 18 N., R. 2 E., to its 
southern-most intersection with the eastern section line of sec-
tion 5, T. 18 N., R. 2 E., as depicted on the 1951 USGS 15° 
Gasquet topographic map, as a scenic river. 
"(C) The segment from its southern-most intersection with the 
eastern section line of section 5, T. 18 N., R. 2 E., as depicted on 
the 1951 USGS 15° Gsisquet topographic map, to its confluence 
with Stony Creek, as a wild river. 
PUBLIC LAW 101-612—NOV. 16, 1990 
104 STAT. 3217 
"(D) The segment from its confluence with Stony Creek to its 
confluence with the Middle Fork Smith River, as a recreational 
river. 
"(E) Diamond Creek fi-om California-Oregon State line to its 
confluence with Bear Creek, as a recreational river. 
"(F) Diamond Creek from its confluence with Bear Creek to 
its confluence with the North Fork Smith River, as a scenic 
river. 
"(G) Bear Creek from its headwaters in section 24, T. 18 N., R. 
2 E., as depicted on the 1951 USGS 15° Gasquet topographic 
map, to its confluence with Diamond Creek, as a scenic river. 
"(H) Still Creek from its headwaters in section 11, T. 18 N., R. 
1 E., as depicted on the 1952 USGS 15° Crescent City topo-
graphic map, to its confluence with the North Fork Smith 
River, as a scenic river. 
"(I) North Fork Diamond Creek from the California-Oregon 
State line to its confluence with Diamond Creek, as a rec-
reational river. 
"(J) High Plateau Creek from its headwaters in section 26, T. 
18 N., R. 2 E., as depicted on the 1951 USGS 15° Gasquet 
topographic map, to its confluence with Diamond Creek, as a 
scenic river. 
"(K) Stony Creek from its headwaters in section 25, T. 18 N., 
R. 2 E., as depicted on the 1951 USGS 15° Gasquet topographic 
map, to its confluence with the North Fork Smith River, as a 
scenic river. 
"(L) Peridotite Creek from its headwaters in section 34, T. 18 
N., R. 2 E., as depicted on the 1951 USGS 15° Gasquet topo-
graphic map, to its confluence with the North Fork Smith 
River, as a wild river. 
"( ) SISKIYOU FORK SMITH RIVER, CAUFORNIA.—The segment 
from its headwaters to its confluence with the Middle Fork Smith 
River, and the following tributaries, to be administered by the 
Secretary of Agriculture in the following classes: 
"(A) The segment from its headwaters about 0.7 miles south-
east of Broken Rib Mountain, as depicted on the 1956 USGS 15° 
Preston Peak Topographic map, to its confluence with the South 
Siskiyou Fork Smith River, as a wild river. 
"(B) The segment from its confluence with the South Siskiyou 
Fork Smith River to its confluence with the Middle Fork Smith 
River, as a recreational river. 
"(C) South Siskiyou Fork Smith River from its headwaters 
about 0.6 miles southwest of Buck Lake, as depicted on the 1956 
USGS 15° Preston Peak topographic map, to its confluence with 
the Siskiyou Fork Smith River, as a wild river. 
"( ) SOUTH FORK SMITH RIVER, CAUFORNIA.—The segment from 
its headwaters to its confluence with the main stem of the Smith 
River, and the following tributaries, to be administered by the 
Secretary of Agriculture in the following classes: 
"(A) The segment from its headwaters about 0.5 miles south-
west of Bear Mountain, as depicted on 1956 USGS 15° Preston 
Peak topographic map, to Blackhawk Bar, as a wild river. 
"(B) The segment from Blackhawk Bar to its confluence with 
the main stem of the Smith River, as a recreational river. 
"(C) Williams Creek from its headwaters in section 31, T. 14 
N., R. 4 E., as depicted on the 1952 USGS 15° Ship Mountain 
104 STAT. 3218 
PUBLIC LAW 101-612—NOV. 16, 1990 
topographic map, to its confluence with Eightmile Creek, as a 
wild river. 
"(D) Eightmile Creek from its headwaters in section 29, T. 14 
N., R. 4 E., as depicted on the 1955 USGS 15° Dillon Mtn. 
topographic map, to its confluence with the South Fork Smith 
River, as a wild river. 
"(E) Harrington Creek from its source to its confluence with 
the South Fork Smith River, as a wild river. 
"(F) Prescott Fork of the Smith River from its headwaters 
about 0.5 miles southeast of Island Lake, as depicted on the 1955 
USGS 15° Dillon Mtn. topographic map, to its confluence with 
the South Fork Smith River, as a wild river. 
"(G) Quartz Creek from its headwaters in section 31, T. 16 N., 
R. 4 E., as depicted on the 1952 15° USGS Ship Mountain 
topographic map, to its confluence with the South Fork Smith 
River, as a recreational river. 
"(H) Jones Creek from its headwaters in section 36, T. 16 N., 
R. 3 E., as depicted on the 1952 USGS 15° Ship Mountain 
topographic map, to its confluence with the South Fork Smith 
River, as a recreational river. 
"(I) Hurdygurdy Creek from its headwaters about 0.4 miles 
southwest of Bear Basin Butte as depicted on the 1956 USGS 15° 
Preston Peak topographic map, to its confluence with the South 
Fork Smith River, as a recreational river. 
"(J) Gordon Creek from its headwaters in section 18, T. 16 N., 
R. 3 E., as depicted on the 1951 USGS 15° Gasquet topographic 
map, to its confluence with the South Fork Smith River, as a 
recreational river. 
"(K) Coon Creek from the junction of its two headwaters 
tributaries in the southeast quadrant of section 31, T. 17 N., R. 3 
E., as depicted on the 1951 USGS 15° Gasquet topographic map, 
to its confluence with the South Fork Smith River, as a rec-
reational river. 
"(L) Craigs Creek from its headwaters in section 36, T. 17 N., 
R. 2 E., as depicted on the 1951 USGS 15° Gasquet topographic 
map, to its confluence with the South Fork Smith River, as a 
recreational river. 
"(M) Goose Creek from its headwaters in section 13, T. 13 N., 
R. 2 E., as depicted on the 1952 USGS 15° Ship Mountain 
topographic map, to its confluence with the South Fork Smith 
River, as a recreational river. 
"(N) East Fork Goose Creek from its headwaters in section 18, 
T. 13 N., R. 3 E., as depicted on the 1952 USGS 15° Ship 
Mountain topographic map, to its confluence with Goose Creek, 
as a recreational river. 
"(O) Buck Creek from its headwaters at Cedar Camp Spring, 
as depicted on the 1952 USGS 15° Ship Mountain topographic 
map, to the northeast corner of section 8, T. 14 N., R. 3 E., as a 
scenic river. 
"(P) Buck Creek from the northeast corner of section 8, T. 14 
N., R. 3 E., to its confluence with the South Fork Smith River, 
as a wild river. 
"(Q) Muzzleloader Creek from its headwaters in section 2, T. 
15 N., R. 3 E., as depicted on the 1952 USGS 15° Ship Mountain 
topographic map, to its confluence with Jones Creek, as a 
recreational river. 
PUBLIC LAW 101-612—NOV. 16,1990 
104 STAT. 3219 
"(R) Canthook Creek from its headwaters in section 2, T. 15 
N., R. 2 E., as depicted in the 1952 USGS 15° Ship Mountain 
topographic map, to its confluence with the South Fork Smith 
River, as a recreational river. 
"(S) Rock Creek from the national forest boundary in section 
6, T. 15 N., R. 2 E., as depicted on the 1952 USGS 15° Ship 
Mountain topographic map, to its confluence with the South 
Fork Smith River, as a recreational river. 
"(T) Blackhawk Creek from its headwaters in section 21, T. 15 
N., R. 2 E., as depicted on the 1952 USGS 15° Ship Mountain 
topographic map, to its confluence with the South Fork Smith 
River, as a recreational river.". 
(c) MANAGEMENT.—The management plan prepared under section 
9 of this Act shall be deemed to satisfy the requirement for a 
comprehensive management plan required under section 3(dXl) of 
the Wild and Scenic Rivers Act. 
SEC. 11. STREAMSIDE PROTECTION ZONES. 
(a) For each of the rivers and river segments specified in this 
subsection, there is hereby established a streamside protection zone 
in which timber harvesting shall be prohibited except as permitted 
by section 5(aX'7). Such zone shall extend 300 feet from each bank of 
the rivers and river segments, or 100 feet from the inner gorge of 
said rivers and river segments, or within the limit of high and 
extreme landslide hazards on said rivers and river segments, which-
ever is greater. The provisions of this subsection shall apply to the 
following rivers and river segments: 
(1) Rowdy Creek (from California-Oregon border to NRA 
boundary). 
(2) Shelly Creek (from its headwaters to Patrick Creek). 
(3) East Fork Patrick Creek (from its headwaters to Patrick 
Creek). 
(4) West Fork Patrick Creek (from its headwaters to Patrick 
Creek). 
(5) Little Jones Creek (from its headwaters to its confluence 
with the South Fork of the Smith River). 
(6) Patrick Creek (from the confluence of the East and West 
forks of Patrick Creek to the Middle Fork of the Smith River). 
(7) Monkey Creek (from its headwaters to its confluence with 
the Middle Fork of the Smith River). 
(8) Hardscrabble Creek (from its headwaters to its confluence 
with the Middle Fork of the Smith River). 
(9) Quartz Creek (from its headwaters to its confluence with 
the South Fork of the Smith River). 
(10) Jones Creek (from its headwaters to its confluence with 
the South Fork of the Smith River). 
(11) Upper Hurdygurdy Creek (from its headwaters to Dry 
Lake). 
(12) Gordon Creek (from its headwaters to its confluence with 
the South Fork of the Smith River). 
(13) Coon Creek (from its headwaters to its confluence with 
the South Fork of the Smith River). 
(14) Craigs Creek (from its headwaters to its confluence with 
the South Fork of the Smith River). 
(15) Goose Creek (from its headwaters to its confluence with 
the South Fork of the Smith River). 
16 use 
460bbb-7 note. 
16 use 
460bbb-8. 
104 STAT. 3220 
PUBLIC LAW 101-612—NOV. 16, 1990 
(16) East Fork of Goose Creek (from its headwaters to its 
confluence with Goose Creek). 
(17) Muzzleloader Creek (from its headwaters to its confluence 
with Jones Creek). 
(18) Canthook Creek (from its headwaters to its confluence 
with the South Fork of the Smith River). 
(19) Rock Creek (from the NRA boundary to its confluence 
with the South Fork of the Smith River). 
(20) Blackhawk Creek (from its headwaters to its confluence 
with the South Fork of the Smith River). 
(b) For each of the rivers and river segments specified in this 
subsection there is established a streamside protection zone in 
which timber harvesting shall be prohibited except as permitted in 
section 5(a)(7). Such zone shall extend on the average of one-quarter 
mile on either side of said rivers and river segments, or 100 feet 
from the inner gorge of said rivers and river segments, or within the 
limit of high and extreme landslide hazards on said rivers and river 
segments, whichever is greater. The provisions of this subsection 
shall apply to the following rivers and river segments: 
(1) Main stem Smith (from the South Fork to the NRA 
boundary). 
(2) Middle Fork Smith (from its headwaters to its confluence 
with the Middle Fork of the Smith River). 
(3) Myrtle Creek (from its headwaters to its confluence with 
the Middle Fork of the Smith River). 
(4) Kelly Creek (from its headwaters to its confluence with the 
Middle Fork of the Smith River). 
(5) Packsaddle Creek (from its headwaters to its confluence 
with the Middle Fork of the Smith River). 
(6) Griffin Creek (from its headwaters to its confluence with 
the Middle Fork of the Smith River). 
(7) Knopti Creek (from its headwaters to its confluence with 
the Middle Fork of the Smith River). 
(8) North Fork of the Smith River (from the California/ 
Oregon border to its confluence with the Middle Fork of the 
Smith River). 
(9) Diamond Creek (from the California/Oregon border to its 
confluence with the North Fork of the Smith River). 
(10) Bear Creek (from its headwaters to its confluence with 
Diamond Creek). 
(11) Still Creek (from its headwaters to its confluence with the 
North Fork of the Smith River). 
(12) North Fork of Diamond Creek (from the California/ 
Oregon border to its confluence with Diamond Creek). 
(13) High Plateau Creek (from its headwaters to its confluence 
with Diamond Creek). 
(14) Stony Creek (from its headwaters to its confluence with 
the North Fork of the Smith River). 
(15) Peridotite Creek (from its headwaters to its confluence 
with the North Fork of the Smith River). 
(16) Siskiyou Fork, Smith River (from its headwaters to the 
Middle Fork of the Smith River). 
(17) South Siskiyou Fork of the Smith River (from its head-
waters to its confluence with the Siskiyou Fork of the Smith 
River). 
(18) South Fork Smith River (from its headwaters to its 
confluence with the Middle Fork of the Smith River). 
PUBLIC LAW 101-612—NOV. 16, 1990 
104 STAT. 3221 
(19) Williams Creek (from its headwaters to its confluence 
with the South Fork of the Smith River). 
(20) Eight Mile Creek (from its headwaters to its confluence 
with the South Fork of the Smith River). 
(21) Harrington Creek (from its headwaters to its confluence 
with the South Fork of the Smith River). 
(22) Prescott Fork of the Smith River (from its headwaters to 
its confluence with the South Fork of the Smith River). 
(23) Buck Creek (from its headwaters to its confluence with 
the South Fork of the Smith River). 
(c) For the Lower Hurdygurdy Creek (from Dry Lake to its con-
fluence with the South Fork of the Smith River) there is established 
a streamside protection zone in which timber harvesting shall be 
prohibited except as permitted by section 5(aX7). Such zone shall 
extend one-eighth mile on either side of said Lower Hurdygurdy 
Creek. 
(d) The provisions of this section shall be in addition to, and not in 
lieu of, any restrictions on timber harvesting or other activities 
applicable to the streamside protection zones established by this 
section under any other applicable provision of this Act. 
SEC. 12. STATE AND LOCAL JURISDICTION AND ASSISTANCE. 
16 USC 
(a) STATE AND LOCAL JURISDICTION.—Nothing in this Act shall 
diminish, enlarge, or modify any right of the State of California or 
any political subdivision thereof, to exercise civil and criminal 
jurisdiction or to carry out State fish and game laws, rules, and 
regulations within the recreation area, or to tax persons, franchise, 
or private property on the lands and waters included in the recre-
ation area, or to regulate the private lands within the recreation 
area. 
(b) COOPERATIVE AGREEMENTS.—The Secretary is authorized and 
encouraged to enter into cooperative agreements with the State of 
California or its political subdivisions for— 
(1) the rendering on a reimbursable basis, of rescue, firefight-
ing, and law enforcement services and cooperative assistance by 
nearby law enforcement and fire prevention agencies; and 
(2) the planning for use, management, and development of 
non-Federal lands within the recreation area and elsewhere in 
the Smith River watershed in the furtherance of the purposes of 
this Act. 
(c) TECHNICAL ASSISTANCE.—To enable the State of California and 
its political subdivisions to develop and implement programs 
compatible with the purposes of this Act, the Secretary, in consulta-
tion with the Secretaries of the Interior, Commerce, and Housing 
and Urban Development, shall consider upon request such technical 
assistance to the State and its political subdivisions as is necessary 
to fulfill the purposes of this section. Such assistance may include 
payments or grants, within existing programs, for technical aid and 
program development. 
(d) LAND INFORMATION SYSTEM.—The Secretary of Agriculture 
shall Eissist the county of Del Norte in developing a land information 
system that will be compatible with the Forest Service and National 
Park Service systems for the Federal lands in Del Norte County and 
such non-Federal systems as may be appropriate and that will be 
made available to Federal and non-Federal entities for use in coordi-
nating planning for the recreation area and other lands in the 
Smith River watershed. 
104 STAT. 3222 
PUBLIC LAW 101-612—NOV. 16, 1990 
16 use 
SEC. 13. SAVING PROVISIONS. 
460bbb-10. 
(a) ACTIVITIES ON LANDS OUTSIDE OF RECREATION AREA.—Nothing 
in this Act shall limit, restrict, or require specific management 
practices on lands outside the recreation area boundary. The fact 
that activities or uses outside the recreation area can be seen, heard, 
or otherwise perceived within the recreation area shall not, of itself, 
limit, restrict, or preclude such activities or uses up to the boundary 
of the recreation area. 
(b) PRIOR RIGHTS.—(1) Nothing in this Act shall limit, restrict, or 
preclude the implementation of valid timber sale contracts or other 
contracts or agreements executed by the Secretary before the date of 
enactment of this Act. 
(2) Except as specifically provided herein nothing in this Act shall 
be construed as diminishing or relinquishing any right, title, or 
interest of the United States in any lands, waters, or interests 
therein within the boundaries of the recreation area designated by 
this Act. 
(c) ROAD EASEMENTS.—Nothing in this Act shall be construed as 
affecting the responsibilities of the State of California or any of its 
political subdivisions with respect to road easements, including 
maintenance and improvement of State Highway 199 and County 
Route 427. 
(d) RIGHTS OF ACCESS.—Existing rights provided by Federal law for 
access by private landowners across National Forest System lands 
shall not be affected by this Act. 
(e) ENTITLEMENT MONEYS.—Annually for the first two full fiscal 
years after the date of enactment of this Act, the Secretary shall pay 
for use by units of local government within the recreation area an 
amount equal to the difference between the amounts payable for 
such purposes pursuant to the Act of May 23, 1908 (chapter 193; 35 
Stat. 251; 16 U.S.C. 500) and the average amount paid for such 
purpose under such Act during the five fiscal years preceding the 
date of enactment of this Act. The amount payable under this 
subsection shall be reduced by 10 percent annually thereafter for 
each succeeding fiscal year until the amount payable shall be 
reduced 100 percent by the end of the twelfth fiscal year after the 
date of enactment. This subsection shall expire 11 years after the 
first payment pursuant to this subsection. 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such funds as may be 
necessary to carry out this Act and the amendments made by this 
Act. 
16 use 431 note. 
SEC. 15. REDESIGNATION. 
Arizona. 
The Sunset Crater National Monument, Arizona, shall, on and 
after the date of enactment of this Act, be known and designated as 
the "Sunset Crater Volcano National Monument". Any reference to 
the Sunset Crater National Monument in any law, regulation, map, 
document, record, or other paper of the United States shall be 
16 use 
460bbb-ll. 
PUBLIC LAW 101-612—NOV. 16, 1990 
104 STAT. 3223 
considered to be a reference to the Sunset Crater Volcano National 
Monument. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—S. 2566: 
SENATE REPORTS: No. 101-310 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
June 14, considered and passed Senate. 
Oct. 26, considered and passed House, amended. 
Oct. 27, Senate concurred in House amendment.