Loading (50 kb)...'
(continued)
necessary licenses or public land rights-of-way for any
hydroelectric project involving such lands.
"(b) Lands. - The lands referred to in subsection (a) are the
approximately 1,280 acres of public lands as generally depicted on
the map entitled 'Potential Conservation Lands: Possible
Hydroelectric Project' dated July, 1994.
"(c) Future Status. - (1) Effective on May 2, 2000, the lands
described in subsection (b) shall be added to the Red Rock Canyon
National Conservation Area unless before such effective date all
necessary licenses and public land rights-of-way have been issued
for a hydroelectric project involving some or all of such lands.
"(2) For purposes of section 10(b) of the Red Rock Canyon
National Conservation Area Establishment Act of 1990 [16 U.S.C.
460ccc-8(b)], as amended by this Act, the date on which the lands
identified in subsection (b) of this section are added to the Red
Rock Canyon National Conservation Area shall be deemed to be the
date of enactment of an Act adding such lands to the conservation
area."
[Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 144(b)],
Nov. 29, 1999, 113 Stat. 1535, 1501A-171, provided that: "The
amendment made by subsection (a) [amending section 3 of Pub. L.
103-450, set out above] takes effect on November 1, 1999."]
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460ccc, 460ccc-2 of this
title.
-FOOTNOTE-
(!1) So in original. Probably should be "in the".
-End-
-CITE-
16 USC Sec. 460ccc-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ccc-2. Management
-STATUTE-
(a) In general
The Secretary, acting through the Director of the Bureau of Land
Management, shall, subject to valid existing rights, manage the
conservation area to conserve, protect, and enhance the resources
described in section 460ccc-1 of this title, in accordance with
this subchapter, the Federal Land Policy and Management Act of 1976
[43 U.S.C. 1701 et seq.], and other applicable laws. The Secretary
shall only allow such uses of the conservation area as he finds
will further the purposes for which the conservation area is
established.
(b) Hunting
(1) Subject to paragraph (2), the Secretary shall permit hunting
within the conservation area in accordance with the laws of the
State of Nevada.
(2) The Secretary, after consultation with the Nevada Department
of Wildlife, may issue regulations designating zones where and
establishing when hunting shall not be permitted for reasons of
public safety, administration, or public use and enjoyment.
(c) Preventive measures
Nothing in this subchapter shall preclude such measures as the
Secretary deems necessary to prevent devastating fire or
infestation of insects or disease within the conservation area.
(d) Mechanized vehicles
Except when needed for administrative or emergency purposes, the
use of mechanized vehicles in the conservation area shall be
allowed only on roads and trails specifically designated for such
use as provided in the management plan prepared pursuant to section
460ccc-3 of this title.
(e) Limits on visitation and use
The Secretary may limit visitation and use of the conservation
area as the Secretary finds appropriate for the protection of the
resources of the conservation area.
-SOURCE-
(Pub. L. 101-621, Sec. 4, Nov. 16, 1990, 104 Stat. 3343.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (a), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701
et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
-End-
-CITE-
16 USC Sec. 460ccc-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ccc-3. Management plan
-STATUTE-
(a) In general
(1) No later than January 1, 1997, the Secretary shall develop
and transmit to the Committee on Energy and Natural Resources of
the United States Senate and the Committee on Natural Resources of
the United States House of Representatives, a general management
plan for the conservation area, which shall describe the
appropriate uses and development of the conservation area
consistent with the purposes of this subchapter.
(2) The management plan described in paragraph (1) shall be
developed with full public participation and shall include -
(A) an implementation plan for a continuing program of
interpretation and public education about the resources and
values of the conservation area;
(B) a proposal for administrative and public facilities to be
developed, expanded, or improved for the conservation area
including the Red Rock Canyon visitors center, to accommodate
visitors to the conservation area;
(C) a cultural resources management plan for the conservation
area prepared in consultation with the Nevada State Historic
Preservation Officer, with emphasis on the preservation of the
resources in the conservation area and the interpretive,
educational, and long-term scientific uses of these resources,
giving priority to the enforcement of the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and
the National Historic Preservation Act (16 U.S.C. 470 et seq.)
within the conservation area;
(D) a wildlife resource management plan for the conservation
area prepared in consultation with appropriate departments of the
State of Nevada and using previous studies of the area; and
(E) a recreation management plan, including nonmotorized
dispersed recreation opportunities for the conservation area in
consultation with appropriate departments of the State of Nevada.
(b) Wilderness study areas
Subject to section 460ccc-5 of this title, nothing in this
subchapter is intended to alter the requirements of section 1782 of
title 43, or section 5(a) of the National Forest and Public Lands
of Nevada Enhancement Act of 1988 (102 Stat. 2751), as those
requirements apply to the lands within, or adjacent to the
conservation area as of November 16, 1990.
-SOURCE-
(Pub. L. 101-621, Sec. 5, Nov. 16, 1990, 104 Stat. 3343; Pub. L.
103-437, Sec. 6(d)(23), Nov. 2, 1994, 108 Stat. 4584; Pub. L.
103-450, Sec. 2(a), Nov. 2, 1994, 108 Stat. 4766.)
-REFTEXT-
REFERENCES IN TEXT
The Archaeological Resources Protection Act of 1979, referred to
in subsec. (a)(2)(C), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat.
721, which is classified generally to chapter 1B (Sec. 470aa et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 470aa of this
title and Tables.
The National Historic Preservation Act, referred to in subsec.
(a)(2)(C), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as
amended, which is classified generally to subchapter II (Sec. 470
et seq.) of chapter 1A of this title. For complete classification
of this Act to the Code, see section 470 of this title and Tables.
Section 5(a) of the National Forest and Public Lands of Nevada
Enhancement Act of 1988, referred to in subsec. (b), is section
5(a) of Pub. L. 100-550, Oct. 28, 1988, 102 Stat. 2751, which is
not classified to the Code.
-MISC1-
AMENDMENTS
1994 - Subsec. (a)(1). Pub. L. 103-450 substituted "No later than
January 1, 1997," for "Within 3 full fiscal years following the
fiscal year in which the date of enactment of this subchapter
occurs,".
Pub. L. 103-437 substituted "Natural Resources" for "Interior and
Insular Affairs" after "Committee on".
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460ccc-2 of this title.
-End-
-CITE-
16 USC Sec. 460ccc-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ccc-4. Acquisitions
-STATUTE-
(a) In general
(1) Within the conservation area, and subject to the provisions
of this section, the Secretary is authorized to acquire lands,
interests in lands, and associated water rights, by donation,
purchase with donated or appropriated funds, exchange for Federal
lands outside the conservation area, or transfer from another
Federal agency with the concurrence of the head of the appropriate
agency thereof.
(2) Lands or interests therein owned by the State of Nevada or a
political subdivision thereof may be acquired by donation or
exchange only.
(3) No privately owned lands, interests in lands, or associated
water rights, may be acquired without the consent of the owner
thereof unless the Secretary determines that, in his judgment, the
property is subject to, or threatened with, uses which are having,
or would have, an adverse impact on the resource values for which
the conservation area was established.
(4) Any lands, waters, or interests therein within the boundaries
of the conservation area which after November 16, 1990, may be
acquired by the United States shall be incorporated into the
conservation area and be managed accordingly, and all provisions of
this subchapter and other laws applicable to conservation areas
shall apply to such incorporated lands.
(b) Land exchanges
All exchanges pursuant to subsection (a) of this section shall be
made in a manner consistent with section 1716 of title 43.
-SOURCE-
(Pub. L. 101-621, Sec. 6, Nov. 16, 1990, 104 Stat. 3344.)
-MISC1-
RED ROCK CANYON NATIONAL CONSERVATION AREA PROTECTION AND
ENHANCEMENT
Pub. L. 107-282, title I, Nov. 6, 2002, 116 Stat. 1995, provided
that:
"SEC. 101. SHORT TITLE.
"This title [amending section 460ccc-1 of this title and enacting
this note] may be cited as the 'Red Rock Canyon National
Conservation Area Protection and Enhancement Act of 2002'.
"SEC. 102. DEFINITIONS.
"As used in this title:
"(1) Corporation. - The term 'Corporation' means the Howard
Hughes Corporation, an affiliate of the Rouse Company, with its
principal place of business at 10000 West Charleston Boulevard,
Las Vegas, Nevada.
"(2) Red rock canyon. - The term 'Red Rock Canyon' means the
Red Rock Canyon National Conservation Area, consisting of
approximately 195,780 acres of public lands in Clark County,
Nevada, specially designated for protection in the Red Rock
Canyon National Conservation Area Establishment Act of 1990 (16
U.S.C. 460ccc et seq.), as depicted on the Red Rock Canyon Map.
"(3) Red rock canyon map. - The term 'Red Rock Canyon Map'
means the map entitled 'Southern Nevada Public Land Management
Act', dated October 1, 2002.
"SEC. 103. FINDINGS AND PURPOSES.
"(a) Findings. - The Congress makes the following findings:
"(1) Red Rock Canyon is a natural resource of major
significance to the people of Nevada and the United States. It
must be protected in its natural state for the enjoyment of
future generations of Nevadans and Americans, and enhanced
wherever possible.
"(2) In 1998, the Congress enacted the Southern Nevada Public
Lands [Land] Management Act of 1998 (Public Law 105-263) [see
Short Title of 1998 Amendment note set out under section 6901 of
Title 31, Money and Finance], which provided among other things
for the protection and enhancement of Red Rock Canyon.
"(3) The Corporation owns much of the private land on Red Rock
Canyon's eastern boundary, and is engaged in developing a
large-scale master-planned community.
"(4) Included in the Corporation's land holdings are 1,071
acres of high-ground lands at the eastern edge of Red Rock
Canyon. These lands were intended to be included in Red Rock, but
to date have not been acquired by the United States. The
protection of this high-ground acreage would preserve an
important element of the western Las Vegas Valley viewshed.
"(5) The Corporation has volunteered to forgo development of
the high-ground lands, and proposes that the United States
acquire title to the lands so that they can be preserved in
perpetuity to protect and expand Red Rock Canyon.
"(b) Purposes. - The purposes of this title are:
"(1) To accomplish an exchange of lands between the United
States and the Corporation that would transfer certain
high-ground lands to the United States in exchange for the
transfer of other lands of approximately equal value to the
Corporation.
"(2) To protect Red Rock Canyon and to expand its boundaries as
contemplated by the Bureau of Land Management, as depicted on the
Red Rock Canyon Map.
"(3) To further fulfill the purposes of the Southern Nevada
Public Lands [Land] Management Act of 1998 and the Red Rock
Canyon National Conservation Area Establishment Act of 1990.
"SEC. 104. RED ROCK CANYON LAND EXCHANGE.
"(a) Acquisition Requirement. - If the Corporation offers to
convey to the United States all right, title, and interest in and
to the approximately 1,082 acres of non-Federal land owned by the
Corporation and depicted on the Red Rock Canyon Map as 'Offered
Lands proposed addition to the Red Rock Canyon NCA', the Secretary
shall accept such offer on behalf of the United States, and not
later than 90 days after the date of the offer, except as otherwise
provided in this title, shall make the following conveyances:
"(1) To the Corporation, the approximately 998 acres of Federal
lands depicted on the Red Rock Canyon Map as 'Public land
selected for exchange'.
"(2) To Clark County, Nevada, the approximately 1,221 acres of
Federal lands depicted on the Red Rock Canyon Map as 'Proposed
BLM transfer for county park'.
"(b) Simultaneous Conveyances. - Title to the private property
and the Federal property to be conveyed pursuant to this section
shall be conveyed at the same time.
"(c) Map. - The Secretary shall keep the Red Rock Canyon Map on
file and available for public inspection in the Las Vegas District
Office of the Bureau of Land Management in Nevada, and the State
Office of the Bureau of Land Management, Reno, Nevada.
"(d) Conditions. -
"(1) Hazardous materials. - As a condition of the conveyance
under --subsection [sic] (a)(1), the Secretary shall require that
the Corporation be responsible for removal of and remediation
related to any hazardous materials that are present on the
property conveyed to the United States under subsection (a).
"(2) Survey. - As a condition of the conveyance under
subsection (a)(1), the Secretary shall require that not later
than 90 days after the date of the offer referred to in
subsection (a), the Corporation shall provide a metes and bounds
survey, that is acceptable to the Corporation, Clark County, and
the Secretary, of the common boundary between the parcels of land
to be conveyed under subsection (a).
"(3) Lands conveyed to clark county. - As a condition of the
conveyance under subsection (a)(2), the Secretary shall require
that -
"(A) the lands transferred to Clark County by the United
States must be held in perpetuity by the County for use only as
a public park or as part of a public regional trail system; and
"(B) if the County attempts to transfer the lands or to
undertake a use on the lands that is inconsistent with their
preservation and use as described in subparagraph (A), such
lands shall, at the discretion of the Secretary, revert to the
United States.
"(e) Valuation. -
"(1) Equal value exchange. - The values of the Federal parcel
and the non-Federal parcel, as determined under paragraph (2) -
"(A) shall be equal; or
"(B) if the values are not equal, shall be equalized in
accordance with paragraph (3).
"(2) Appraisal. - The values of the Federal parcel and the
non-Federal parcel shall be determined by an appraisal, to be
approved by the Secretary, that complies with the Uniform
Standards for Federal Land Acquisitions.
"(3) Equalization. -
"(A) In general. - If the value of the non-Federal parcel is
less than the value of the Federal parcel -
"(i) the Corporation shall make a cash equalization payment
to the Secretary; or
"(ii) the Secretary shall, as determined to be appropriate
by the Secretary and the Corporation, reduce the acreage of
the Federal parcel.
"(B) Disposition of proceeds. - The Secretary shall deposit
any cash equalization payments received under subparagraph
(A)(i) in accordance with section 4(e)(1)(C) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat. 2345).
"SEC. 105. STATUS AND MANAGEMENT OF LANDS.
"(a) Inclusion and Management of Lands. - Upon the date of the
enactment of this Act [Nov. 6, 2002], the Secretary shall
administer the lands depicted on the Red Rock Map as 'Public
Lands-proposed addition to the Red Rock Canyon NCA', exclusive of
those lands used for the Corps of Engineers R-4 Detention Basin, as
part of Red Rock and in accordance with the Red Rock Canyon
National Conservation Area Establishment Act of 1990 (16 U.S.C.
460ccc et seq.) and all other applicable laws.
"(b) Inclusion of Acquired Lands. - Upon acquisition by the
United States of lands under this Act [Pub. L. 107-282, see Short
Title note set out under section 460qqq of this title], the
Secretary shall -
"(1) administer the lands as part of Red Rock and in accordance
with the Red Rock Canyon National Conservation Area Establishment
Act of 1990 (16 U.S.C. 460ccc et seq.), the Southern Nevada
Public Lands [Land] Management Act of 1998 (Public Law 105-263),
and all other applicable laws; and
"(2) create new maps showing the boundaries of Red Rock as
modified or pursuant to this Act, and make such maps available
for review at the Las Vegas District Office of the Bureau of Land
Management and the State Office of the Bureau of Land Management,
Reno, Nevada.
"(c) Conforming Amendment. - [Amended section 460ccc-1 of this
title.]
"SEC. 106. GENERAL PROVISIONS.
"(a) Review of Appraisal. - Not later than 90 days after the date
of the enactment of this Act [Nov. 6, 2002], the Secretary shall
complete a review of the appraisal entitled, 'Complete
Self-Contained Appraisal Red Rock Exchange, Las Vegas, Nevada',
completed on or about June 3, 2002. The difference in appraisal
values shall be reimbursed to the Secretary by the Corporation in
accordance with the Southern Nevada Public Lands [Land] Management
Act of 1998.
"(b) Valid Existing Rights. - The land exchange under this Act
shall be subject to valid existing rights. Each party to which
property is conveyed under this Act shall succeed to the rights and
obligations of the conveying party with respect to any lease,
right-of-way, permit, or other valid existing right to which the
property is subject.
"(c) Technical Corrections. - Nothing in this Act prohibits the
parties to the conveyances under this Act from agreeing to the
correction of technical errors or omissions in the Red Rock Map.
"(d) Withdrawal of Affected Lands. - To the extent not already
accomplished under law or administrative action, the Secretary
shall withdraw from operation of the public land and mining laws,
subject to valid existing rights -
"(1) those Federal lands acquired by the United States under
this Act; and
"(2) those Federal lands already owned by the United States on
the date of enactment of this Act but included within the Red
Rock National Conservation Area boundaries by this Act."
[For definitions of terms used in title I of Pub. L. 107-282, set
out above, see section 3 of Pub. L. 107-282, set out as a note
under section 460qqq-1 of this title.]
-End-
-CITE-
16 USC Sec. 460ccc-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ccc-5. Withdrawal; exchange of lands
-STATUTE-
(a) Except as specifically authorized in this subchapter, and
subject to valid existing rights, all Federal lands within the
conservation area and all lands and interests therein which are
acquired by the United States after November 16, 1990, for
inclusion in the conservation area are 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
operation under the mineral leasing and geothermal leasing laws,
and all amendments thereto.
(b) The Secretary may transfer to the owner of the Old Nevada
recreation facility the approximately 20 acres of Federal lands
within the conservation area which, on March 1, 1994, were used to
provide parking for visitors to such facility, in exchange for
lands of equal or greater value within the conservation area
acceptable to the Secretary.
-SOURCE-
(Pub. L. 101-621, Sec. 7, Nov. 16, 1990, 104 Stat. 3344; Pub. L.
103-450, Sec. 2(b), Nov. 2, 1994, 108 Stat. 4766.)
-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in subsec. (a), are classified
generally to Title 43, Public Lands.
The mining laws and the mineral leasing laws, referred to in
subsec. (a), are classified generally to Title 30, Mineral Lands
and Mining.
Geothermal leasing laws, referred to in subsec. (a), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-450 designated existing provisions as subsec.
(a) and added subsec. (b).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460ccc-3 of this title.
-End-
-CITE-
16 USC Sec. 460ccc-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ccc-6. Cooperative agreements
-STATUTE-
In order to encourage unified and cost-effective management and
interpretation of natural and cultural resources in the
conservation area, the Secretary is authorized and encouraged to
enter into cooperative agreements with other Federal, State, and
local agencies and nonprofit entities providing for the management
and interpretation of natural and cultural resources in the
conservation area.
-SOURCE-
(Pub. L. 101-621, Sec. 8, Nov. 16, 1990, 104 Stat. 3345.)
-End-
-CITE-
16 USC Sec. 460ccc-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ccc-7. Coordinated management
-STATUTE-
The Secretary shall coordinate the management of the conservation
area with that of surrounding State and Federal lands in such a
manner as best to meet the present and future needs of the American
people.
-SOURCE-
(Pub. L. 101-621, Sec. 9, Nov. 16, 1990, 104 Stat. 3345.)
-End-
-CITE-
16 USC Sec. 460ccc-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ccc-8. Water
-STATUTE-
(a) Reservation of rights
Within the conservation area designated by this subchapter, there
is hereby reserved a quantity of water sufficient to fulfill the
purposes for which the conservation area is established.
(b) Priority date of reservation
The priority date of the water rights reserved in paragraph (!1)
(a) shall be November 16, 1990, except that as related to rights
associated with lands added to the conservation area after November
16, 1990, the priority date shall be the date of enactment of the
Act adding such lands to the conservation area.
(c) Protection of rights
The Secretary shall take all steps necessary to protect the water
rights reserved by this section, including the filing of a claim
for quantification of such rights in any appropriate water
adjudication in the courts of the State of Nevada in which the
United States is or may be joined and which is conducted in
accordance with section 666 of title 43.
(d) Effect on previously secured rights
The Federal water rights reserved by this subchapter shall be in
addition to any water rights which may have been previously secured
by the United States for purposes other than for the conservation
area.
(e) Scope and construction of rights
The Federal water rights reserved by this subchapter are specific
to the conservation area designated by this subchapter. Nothing in
this subchapter shall be construed as establishing a precedent with
regard to any future designations, nor shall it constitute an
interpretation of any other Act or any designation.
-SOURCE-
(Pub. L. 101-621, Sec. 10, Nov. 16, 1990, 104 Stat. 3345; Pub. L.
103-450, Sec. 2(c), Nov. 2, 1994, 108 Stat. 4766.)
-MISC1-
AMENDMENTS
1994 - Subsec. (b). Pub. L. 103-450 inserted before period at end
", except that as related to rights associated with lands added to
the conservation area after November 16, 1990, the priority date
shall be the date of enactment of the Act adding such lands to the
conservation area".
-FOOTNOTE-
(!1) So in original. Probably should be "subsection".
-End-
-CITE-
16 USC Sec. 460ccc-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ccc-9. No buffer zones
-STATUTE-
The Congress does not intend for the establishment of the
conservation area to lead to the creation of protective perimeters
or buffer zones around the conservation area. The fact that there
may be activities or uses on lands outside the conservation area
that would not be permitted in the conservation area shall not
preclude such activities or uses on such lands up to the boundary
of the conservation area to the extent consistent with other
applicable law.
-SOURCE-
(Pub. L. 101-621, Sec. 11, Nov. 16, 1990, 104 Stat. 3345.)
-End-
-CITE-
16 USC Sec. 460ccc-10 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV - RED ROCK CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ccc-10. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as are
necessary to carry out this subchapter.
-SOURCE-
(Pub. L. 101-621, Sec. 12, Nov. 16, 1990, 104 Stat. 3346.)
-End-
-CITE-
16 USC SUBCHAPTER CXV - GILA BOX RIPARIAN NATIONAL
CONSERVATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXV - GILA BOX RIPARIAN NATIONAL CONSERVATION AREA
-HEAD-
SUBCHAPTER CXV - GILA BOX RIPARIAN NATIONAL CONSERVATION AREA
-End-
-CITE-
16 USC Sec. 460ddd 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXV - GILA BOX RIPARIAN NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ddd. Establishment
-STATUTE-
(a) In general
In order to conserve, protect, and enhance the riparian and
associated areas described in subsection (b) of this section and
the aquatic, wildlife, archeological, paleontological, scientific,
cultural, recreational, educational, scenic, and other resources
and values of such areas, there is hereby established the Gila Box
Riparian National Conservation Area (hereafter in this subchapter
referred to as the "conservation area").
(b) Areas included
The conservation area shall consist of the public lands generally
depicted on a map entitled "Gila Box Riparian National Conservation
Area" dated February 1990, and comprising approximately 20,900
acres.
(c) Map
As soon as practicable after November 28, 1990, a map and legal
description of the conservation area shall be filed by the
Secretary with the Committee on Natural Resources of the United
States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate. Such map shall have
the same force and effect as if included in this section. Copies of
such map shall be on file and available for public inspection in
the Office of the Director of the Bureau of Land Management,
Department of the Interior, and in the appropriate office of the
Bureau of Land Management in Arizona.
(d) Management of conservation area
(1) The Secretary shall manage the conservation area in a manner
that conserves, protects and enhances its resources and values,
including the resources and values specified in subsection (a) of
this section, pursuant to the Federal Land Policy and Management
Act of 1976 [43 U.S.C. 1701 et seq.] and other applicable law,
including this subchapter.
(2) The Secretary shall allow only such uses of the conservation
area as the Secretary finds will further the purposes for which the
conservation area is established. Except where needed for
administrative purposes or to respond to an emergency, use of
motorized vehicles in the conservation area shall be permitted only
on roads specifically designated for such use as part of the
management plan prepared pursuant to subsection (g) of this
section.
(e) Withdrawal
Subject to valid existing rights, all Federal lands within the
conservation area are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws;
and from disposition under all laws pertaining to mineral and
geothermal leasing, and all amendments thereto.
(f) Water
(1) Congress hereby reserves a quantity of water sufficient to
fulfill the purposes, as specified in subsection (a) of this
section, for which the conservation area is established. The
priority date of this reserved right shall be November 28, 1990.
(2) The Secretary and all other officers of the United States
shall take all steps necessary to protect the right reserved by
paragraph (1), including the filing by the Secretary of a claim for
the quantification of such right in any present or future
appropriate stream adjudication in the courts of the State of
Arizona in which the United States is or may be joined and which is
conducted in accordance with section 666 of title 43.
(3) Nothing in this subchapter shall be construed as a
relinquishment or reduction of any water rights reserved or
appropriated by the United States in the State of Arizona on or
before November 28, 1990.
(4) The Federal rights reserved by this subchapter are specific
to the conservation area located in the State of Arizona designated
by this subchapter. Nothing in this subchapter related to reserved
Federal water rights shall be construed as establishing a precedent
with regard to any future designations, nor shall it constitute an
interpretation of any other Act or any designation made pursuant
thereto.
(5) Nothing in this subchapter shall be construed to impair or
conflict with the implementation of the authorization contained in
section 1524(f) of title 43.
(g) Management plan
(1) No later than two years after November 28, 1990, the
Secretary shall develop a comprehensive plan for the long-term
management of the conservation area (hereinafter in this subchapter
referred to as the "management plan") in order to fulfill the
purposes for which the conservation area is established. The
management plan shall be developed with full public participation
and shall include provisions designed to assure protection of the
resources and values (including the resources and values specified
in subsection (a) of this section) of the conservation area.
(2) The management plan shall include a discussion of the
desirability of the inclusion in the conservation area of
additional lands, including the lands not in Federal ownership that
are contiguous to the boundary of the conservation area (as
depicted on the map referenced in subsection (b) of this section or
as hereafter adjusted pursuant to subsection (h) of this section)
and within the area extending two miles on either side of the
centerline of Eagle Creek from the point where Eagle Creek crosses
the southern boundary of the Apache National Forest to the
confluence of Eagle Creek with the Gila River (this area is
hereafter referred to in this subchapter as the "Eagle Creek
riparian area").
(3) In order to better implement the management plan, the
Secretary may enter into cooperative agreements with appropriate
State and local agencies pursuant to section 307(b) of the Federal
Land Policy and Management Act of 1976 [43 U.S.C. 1737(b)].
(4) In order to assist in the development and implementation of
the management plan, the Secretary may authorize appropriate
research, including research concerning the environmental,
biological, hydrological, cultural, and other characteristics,
resources, and values of the conservation area, pursuant to section
307(a) of the Federal Land Policy and Management Act of 1976 [43
U.S.C. 1737(a)].
(h) Acquisition and boundary adjustments
(1) Subject to the limitations set forth in paragraph (3), the
Secretary is authorized to acquire non-Federal lands or interests
therein within the boundaries of the conservation area or within
the Eagle Creek riparian area.
(2) The Secretary is authorized to adjust the boundaries of the
conservation area so as to incorporate within the conservation area
any lands or interests within the Eagle Creek riparian area that
may be acquired after November 28, 1990, as well as public lands
within that portion of the Eagle Creek riparian area west of the
centerline of Eagle Creek that the Secretary finds appropriate in
order to properly manage such acquired lands as part of the
conservation area. Any lands or interests so incorporated shall be
managed as part of the conservation area.
(3) No lands or interests therein owned by the State of Arizona
or any political subdivision of such State shall be acquired
pursuant to this subsection except through donation or exchange,
and no lands or interests within the conservation area or the Eagle
Creek riparian area shall be acquired from any other party or
entity except by donation, exchange, or purchase with the consent
of the owner of such lands or interests.
(i) No buffer zones
The Congress does not intend for the establishment of the
conservation area to lead to the creation of protective perimeters
or buffer zones around the conservation area. The fact that there
may be activities or uses on lands outside the conservation area
that would not be permitted in the conservation area shall not
preclude such activities or uses on such lands up to the boundary
of the conservation area to the extent consistent with other
applicable law.
(j) Advisory committee
The Secretary shall establish an advisory committee to advise the
Secretary with respect to the preparation and implementation of the
management plan. Such advisory committee shall consist of seven
members appointed by the Secretary. One member shall be appointed
from among recommendations submitted by the Governor of Arizona,
one member shall be appointed from among recommendations submitted
by the Graham County Board of Supervisors and one member shall be
appointed from among recommendations submitted by the Greenlee
County Board of Supervisors. The remaining members shall be persons
recognized as experts in wildlife conservation, riparian ecology,
archeology, paleontology, or other disciplines directly related to
the purposes for which the conservation area is established.
(k) Report
No later than five years after November 28, 1990, and at least
each ten years thereafter, the Secretary shall report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural Resources
of the United States Senate on the implementation of this
subchapter, the condition of the resources and values of the
conservation area, and the progress of the Secretary in achieving
the purposes for which the conservation area is established.
(l) Enforcement
Any person who violates any regulation promulgated by the
Secretary to implement the provisions of this subchapter shall be
subject to a fine in accordance with applicable provisions of the
Sentencing Reform Act of 1984, or imprisonment of not more than 1
year, or both such fine and imprisonment.
(m) Authorization
There are hereby authorized to be appropriated such sums as may
be necessary to implement the provisions of this subchapter.
-SOURCE-
(Pub. L. 101-628, title II, Sec. 201, Nov. 28, 1990, 104 Stat.
4475; Pub. L. 103-437, Sec. 6(d)(24), Nov. 2, 1994, 108 Stat.
4584.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (d)(1), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743,
as amended, which is classified principally to chapter 35 (Sec.
1701 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1701 of Title 43 and Tables.
The public land laws, referred to in subsec. (e), are classified
generally to Title 43.
The United States mining laws and the mineral leasing laws,
referred to in subsec. (e), are classified generally to Title 30,
Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (e), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.
The Sentencing Reform Act of 1984, referred to in subsec. (l), is
chapter II (Secs. 211-239) of Pub. L. 98-473, title II, Oct. 12,
1984, 98 Stat. 1987, as amended. For complete classification of
chapter II to the Code, see Short Title note set out under section
3551 of Title 18, Crimes and Criminal Procedure, and Tables.
-MISC1-
AMENDMENTS
1994 - Subsecs. (c), (k). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-MISC2-
SHORT TITLE
Section 1 of Pub. L. 101-628 provided that: "Titles I through III
of this Act [enacting this subchapter and provisions listed in a
table of Wilderness Areas set out under section 1132 of this title]
may be cited as the 'Arizona Desert Wilderness Act of 1990'."
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a committee
established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
committee established by the Congress, its duration is otherwise
provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
-End-
-CITE-
16 USC SUBCHAPTER CXVI - LAKE MEREDITH NATIONAL
RECREATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXVI - LAKE MEREDITH NATIONAL RECREATION AREA
-HEAD-
SUBCHAPTER CXVI - LAKE MEREDITH NATIONAL RECREATION AREA
-End-
-CITE-
16 USC Sec. 460eee 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXVI - LAKE MEREDITH NATIONAL RECREATION AREA
-HEAD-
Sec. 460eee. Establishment
-STATUTE-
(a) In general
In order to provide for public outdoor recreation use and
enjoyment of the lands and waters associated with Lake Meredith in
the State of Texas, and to protect the scenic, scientific,
cultural, and other values contributing to the public enjoyment of
such lands and waters, there is hereby established the Lake
Meredith National Recreation Area (hereafter in this Act referred
to as the "recreation area").
(b) Area included
The recreation area shall consist of the lands, waters, and
interests therein within the area generally depicted on the map
entitled "Lake Meredith National Recreation Area Boundary Map,
'Fee-Take Line' ", numbered SWRO - 80,023-A, and dated September
1990. The map shall be on file and available for public inspection
in the offices of the National Park Service, Department of the
Interior. The Secretary of the Interior (hereafter in this Act
referred to as the "Secretary") may from time to time make minor
revisions in the boundary of the recreation area.
(c) Transfer
(1) Except as provided in paragraph (2), the Federal lands,
waters, and interests therein within the recreation area are hereby
transferred to the National Park Service.
(2) Those lands depicted on the map referred to in subsection (b)
of this section that are necessary for the continued operation,
maintenance, and replacement of the Canadian River Project
facilities and its purposes of providing for municipal and
industrial water supply and flood control shall remain under the
jurisdiction of the Bureau of Reclamation.
-SOURCE-
(Pub. L. 101-628, title V, Sec. 502, Nov. 28, 1990, 104 Stat.
4492.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b), is Pub. L.
101-628, Nov. 28, 1990, 104 Stat. 4469, which enacted this
subchapter, subchapters CXV (Sec. 460ddd) and CXVII (Sec. 460fff et
seq.) of this chapter, chapter 65 (Sec. 4601 et seq.) of this
title, and sections 1a-9 to 1a-13 of this title, amended sections
410ee, 463, 1274, and 1276 of this title, enacted provisions set
out as notes under sections 1a-5, 1132, and 1271 of this title and
section 1522 of Title 43, Public Lands, and enacted provisions
listed in a table of Wilderness Areas set out under section 1132 of
this title. For complete classification of this Act to the Code,
see Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460eee-2 of this title.
-End-
-CITE-
16 USC Sec. 460eee-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXVI - LAKE MEREDITH NATIONAL RECREATION AREA
-HEAD-
Sec. 460eee-1. Administration
-STATUTE-
(a) In general
The Secretary shall administer the recreation area in accordance
with this Act and the provisions of law generally applicable to
units of the national park system, including sections 1, 2, 3, 4,
and 17j-2 of this title. In the administration of such recreation
area, the Secretary may utilize such statutory authority as may be
available to him for the protection of natural and cultural
resources as he deems necessary to carry out the purposes of this
Act.
(b) Operation of Canadian River Project
Nothing in this Act shall be construed to affect or interfere
with the authority of the Secretary under the Act of December 29,
1950 (Public Law 81-898; 43 U.S.C. 600b et seq.), to operate
Sanford Dam and Lake Meredith in accordance with and for the
purposes set forth in that Act.
(c) Land acquisition
Within the boundary of the recreation area, the Secretary may
acquire lands and interests in lands by purchase with donated or
appropriated funds, exchange, or transfer without reimbursement
from any Federal agency.
(d) Cultural resources
The Secretary shall conduct a survey of the cultural resources in
the immediate vicinity of the recreation area. The Secretary is
authorized to enter into cooperative agreements with public or
private entities, including landowners, for the purpose of
conducting the survey required by this subsection. Not later than
three years after the date on which funds have been made available,
the Secretary shall submit a report to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate on the results of the
survey required by this subsection.
(e) Hunting and fishing
(1) The Secretary shall permit hunting and fishing on lands and
waters under the Secretary's jurisdiction within the recreation
area in accordance with applicable Federal and State law. The
Secretary may designate zones where, and establish periods when,
hunting or fishing will not be permitted for reasons of public
safety, administration, fish and wildlife management, or public use
and enjoyment.
(2) Except in emergencies any regulations issued by the Secretary
under this subsection shall be put into effect only after
consultation with the appropriate State agencies responsible for
hunting and fishing activities.
(f) Cooperative agreements
For purposes of administering the recreation area, the Secretary
may enter into cooperative agreements with any Federal agency, theState of Texas, or any political subdivision thereof, including the (continued)