Loading (50 kb)...'
(continued)
on the map referred to in section 460nnn-105(a) of this title,
consisting of a total of approximately 5,340 acres in exchange for
the private lands described in subsection (b) of this section.
(b) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred
to in subsection (a) of this section and the disbursement referred
to in subsection (c) of this section, Tom J. Davis Livestock,
Incorporated, shall convey to the Secretary a parcel of land
consisting of approximately 5,103 acres, as depicted on the map
referred to in section 460nnn-105(a) of this title, for inclusion
in the Wilderness Area.
(c) Disbursement
Upon completion of the land exchange authorized by this section,
the Secretary is authorized to make a disbursement to Tom J. Davis
Livestock, Incorporated, in the amount of $800,000.
(d) Completion of conveyance
The Secretary shall complete the conveyance of the Federal lands
under subsection (a) of this section within 70 days after the
Secretary accepts the lands described in subsection (b) of this
section.
-SOURCE-
(Pub. L. 106-399, title VI, Sec. 603, Oct. 30, 2000, 114 Stat.
1672.)
-End-
-CITE-
16 USC Sec. 460nnn-104 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part F - Land Exchanges
-HEAD-
Sec. 460nnn-104. Land exchange, Lowther (Clemens) Ranch
-STATUTE-
(a) Exchange authorized
For the purpose of protecting and consolidating Federal lands
within the Cooperative Management and Protection Area, the
Secretary may carry out a land exchange with the Lowther (Clemens)
Ranch to convey all right, title, and interest of the United States
in and to certain parcels of land under the jurisdiction of the
Bureau of Land Management in the vicinity of Steens Mountain,
Oregon, as depicted on the map referred to in section 460nnn-105(a)
of this title, consisting of a total of approximately 11,796 acres
in exchange for the private lands described in subsection (b) of
this section.
(b) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred
to in subsection (a) of this section and the disbursement referred
to in subsection (d) of this section, the Lowther (Clemens) Ranch
shall convey to the Secretary a parcel of land consisting of
approximately 1,078 acres, as depicted on the map referred to in
section 460nnn-105(a) of this title, for inclusion in the
Cooperative Management and Protection Area.
(c) Treatment of grazing
Paragraphs (2) and (3) of section 460nnn-23(e) of this title,
relating to the effect of the cancellation in whole of the grazing
permit for the Fish Creek/Big Indian allotment in the Wilderness
Area and reassignment of use areas as described in paragraph (3)(D)
of such section, shall apply to the land exchange authorized by
this section.
(d) Disbursement
Upon completion of the land exchange authorized by this section,
the Secretary is authorized to make a disbursement to Lowther
(Clemens) Ranch, in the amount of $148,000.
(e) Completion of conveyance
The Secretary shall complete the conveyance of the Federal lands
under subsection (a) of this section within 70 days after the
Secretary accepts the lands described in subsection (b) of this
section.
-SOURCE-
(Pub. L. 106-399, title VI, Sec. 604, Oct. 30, 2000, 114 Stat.
1672.)
-End-
-CITE-
16 USC Sec. 460nnn-105 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part F - Land Exchanges
-HEAD-
Sec. 460nnn-105. General provisions applicable to land exchanges
-STATUTE-
(a) Map
The land conveyances described in this part are generally
depicted on the map entitled "Steens Mountain Land Exchanges" and
dated September 18, 2000.
(b) Applicable law
Except as otherwise provided in this section, the exchange of
Federal land under this part is subject to the existing laws and
regulations applicable to the conveyance and acquisition of land
under the jurisdiction of the Bureau of Land Management. It is
anticipated that the Secretary will be able to carry out such land
exchanges without the promulgation of additional regulations and
without regard to the notice and comment provisions of section 553
of title 5.
(c) Conditions on acceptance
Title to the non-Federal lands to be conveyed under this part
must be acceptable to the Secretary, and the conveyances shall be
subject to valid existing rights of record. The non-Federal lands
shall conform with the title approval standards applicable to
Federal land acquisitions.
(d) Legal descriptions
The exact acreage and legal description of all lands to be
exchanged under this part shall be determined by surveys
satisfactory to the Secretary. The costs of any such survey, as
well as other administrative costs incurred to execute a land
exchange under this part, shall be borne by the Secretary.
-SOURCE-
(Pub. L. 106-399, title VI, Sec. 605, Oct. 30, 2000, 114 Stat.
1673.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460nnn-101, 460nnn-102,
460nnn-103, 460nnn-104 of this title.
-End-
-CITE-
16 USC Part G - Funding Authorities 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part G - Funding Authorities
-HEAD-
PART G - FUNDING AUTHORITIES
-End-
-CITE-
16 USC Sec. 460nnn-121 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part G - Funding Authorities
-HEAD-
Sec. 460nnn-121. Authorization of appropriations
-STATUTE-
Except as provided in sections 460nnn-91(c) and 460nnn-122 of
this title, there is hereby authorized to be appropriated such sums
as may be necessary to carry out this subchapter.
-SOURCE-
(Pub. L. 106-399, title VII, Sec. 701, Oct. 30, 2000, 114 Stat.
1673.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original "this
Act", meaning Pub. L. 106-399, Oct. 30, 2000, 114 Stat. 1655, which
is classified generally to this subchapter. For complete
classification of this Act to the Code, see Short Title note set
out under section 460nnn of this title and Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460nnn-91 of this title.
-End-
-CITE-
16 USC Sec. 460nnn-122 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXV - STEENS MOUNTAIN COOPERATIVE MANAGEMENT AND
PROTECTION AREA
Part G - Funding Authorities
-HEAD-
Sec. 460nnn-122. Use of land and water conservation fund
-STATUTE-
(a) Availability of fund
There are authorized to be appropriated $25,000,000 from the land
and water conservation fund established under section 460l-5 of
this title to provide funds for the acquisition of land and
interests in land under section 460nnn-24 of this title and to
enter into nondevelopment easements and conservation easements
under subsections (b) and (c) of section 460nnn-42 of this title.
(b) Term of use
Amounts appropriated pursuant to the authorization of
appropriations in subsection (a) of this section shall remain
available until expended.
-SOURCE-
(Pub. L. 106-399, title VII, Sec. 702, Oct. 30, 2000, 114 Stat.
1673.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460nnn-121 of this title.
-End-
-CITE-
16 USC SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL
CONSERVATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-HEAD-
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-End-
-CITE-
16 USC Sec. 460ooo 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ooo. Definitions
-STATUTE-
For the purposes of this subchapter, the following definitions
apply:
(1) Conservation Area
The term "Conservation Area" means the Las Cienegas National
Conservation Area established by section 460ooo-3(a) of this
title.
(2) Acquisition Planning District
The term "Acquisition Planning District" means the Sonoita
Valley Acquisition Planning District established by section
460ooo-1(a) of this title.
(3) Management plan
The term "management plan" means the management plan for the
Conservation Area.
(4) Public lands
The term "public lands" has the meaning given the term in
section 1702(e) of title 43, except that such term shall not
include interest in lands not owned by the United States.
(5) Secretary
The term "Secretary" means the Secretary of the Interior.
-SOURCE-
(Pub. L. 106-538, Sec. 1, Dec. 6, 2000, 114 Stat. 2563.)
-End-
-CITE-
16 USC Sec. 460ooo-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ooo-1. Establishment of the Sonoita Valley Acquisition
Planning District
-STATUTE-
(a) In general
In order to provide for future acquisitions of important
conservation land within the Sonoita Valley region of the State of
Arizona, there is hereby established the Sonoita Valley Acquisition
Planning District.
(b) Areas included
The Acquisition Planning District shall consist of approximately
142,800 acres of land in the Arizona counties of Pima and Santa
Cruz, including the Conservation Area, as generally depicted on the
map entitled "Sonoita Valley Acquisition Planning District and Las
Cienegas National Conservation Area" and dated October 2, 2000.
(c) Map and legal description
As soon as practicable after December 6, 2000, the Secretary
shall submit to Congress a map and legal description of the
Acquisition Planning District. In case of a conflict between the
map referred to in subsection (b) of this section and the map and
legal description submitted by the Secretary, the map referred to
in subsection (b) of this section shall control. The map and legal
description shall have the same force and effect as if included in
this subchapter, except that the Secretary may correct clerical and
typographical errors in such map and legal description. Copies of
the map and legal description shall be on file and available for
public inspection in the Office of the Director of the Bureau of
Land Management, and in the appropriate office of the Bureau of
Land Management in Arizona.
-SOURCE-
(Pub. L. 106-538, Sec. 2, Dec. 6, 2000, 114 Stat. 2563.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460ooo of this title.
-End-
-CITE-
16 USC Sec. 460ooo-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ooo-2. Purposes of the Acquisition Planning District
-STATUTE-
(a) In general
The Secretary shall negotiate with land owners for the
acquisition of lands and interest in lands suitable for
Conservation Area expansion that meet the purposes described in
section 460ooo-3(a) of this title. The Secretary shall only acquire
property under this subchapter pursuant to section 460ooo-6 of this
title.
(b) Federal lands
The Secretary, through the Bureau of Land Management, shall
administer the public lands within the Acquisition Planning
District pursuant to this subchapter and the applicable provisions
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), subject to valid existing rights, and in accordance
with the management plan. Such public lands shall become part of
the Conservation Area when they become contiguous with the
Conservation Area.
(c) Fish and wildlife
Nothing in this subchapter shall be construed as affecting the
jurisdiction or responsibilities of the State of Arizona with
respect to fish and wildlife within the Acquisition Planning
District.
(d) Protection of State and private lands and interests
Nothing in this subchapter shall be construed as affecting any
property rights or management authority with regard to any lands or
interest in lands held by the State of Arizona, any political
subdivision of the State of Arizona, or any private property rights
within the boundaries of the Acquisition Planning District.
(e) Public lands
Nothing in this subchapter shall be construed as in any way
diminishing the Secretary's or the Bureau of Land Management's
authorities, rights, or responsibilities for managing the public
lands within the Acquisition Planning District.
(f) Coordinated management
The Secretary shall coordinate the management of the public lands
within the Acquisition Planning District with that of surrounding
county, State, and private lands consistent with the provisions of
subsection (d) of this section.
-SOURCE-
(Pub. L. 106-538, Sec. 3, Dec. 6, 2000, 114 Stat. 2564.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (b), 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. 460ooo-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ooo-3. Establishment of the Las Cienegas National
Conservation Area
-STATUTE-
(a) In general
In order to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the unique and
nationally important aquatic, wildlife, vegetative, archaeological,
paleontological, scientific, cave, cultural, historical,
recreational, educational, scenic, rangeland, and riparian
resources and values of the public lands described in subsection
(b) of this section while allowing livestock grazing and recreation
to continue in appropriate areas, there is hereby established the
Las Cienegas National Conservation Area in the State of Arizona.
(b) Areas included
The Conservation Area shall consist of approximately 42,000 acres
of public lands in the Arizona counties of Pima and Santa Cruz, as
generally depicted on the map entitled "Sonoita Valley Acquisition
Planning District and Las Cienegas National Conservation Area" and
dated October 2, 2000.
(c) Maps and legal description
As soon as practicable after December 6, 2000, the Secretary
shall submit to Congress a map and legal description of the
Conservation Area. In case of a conflict between the map referred
to in subsection (b) of this section and the map and legal
description submitted by the Secretary, the map referred to in
subsection (b) of this section shall control. The map and legal
description shall have the same force and effect as if included in
this subchapter, except that the Secretary may correct clerical and
typographical errors in such map and legal description. Copies of
the map and legal description shall be on file and available for
public inspection in the Office of the Director of the Bureau of
Land Management, and in the appropriate office of the Bureau of
Land Management in Arizona.
(d) Forest lands
Any lands included in the Coronado National Forest that are
located within the boundaries of the Conservation Area shall be
considered to be a part of the Conservation Area. The Secretary of
Agriculture shall revise the boundaries of the Coronado National
Forest to reflect the exclusion of such lands from the Coronado
National Forest.
-SOURCE-
(Pub. L. 106-538, Sec. 4, Dec. 6, 2000, 114 Stat. 2564.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460ooo, 460ooo-2,
460ooo-4, 460ooo-5, 460ooo-7 of this title.
-End-
-CITE-
16 USC Sec. 460ooo-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ooo-4. Management of the Las Cienegas National Conservation
Area
-STATUTE-
(a) In general
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 section 460ooo-3(a)
of this title, 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.
(b) Uses
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 as set forth in section
460ooo-3(a) of this title.
(c) Grazing
The Secretary of the Interior shall permit grazing subject to all
applicable laws, regulations, and Executive orders consistent with
the purposes of this subchapter.
(d) Motorized vehicles
Except where needed for administrative purposes or to respond to
an emergency, use of motorized vehicles on public lands in the
Conservation Area shall be allowed only -
(1) before the effective date of a management plan prepared
pursuant to section 460ooo-5 of this title, on roads and trails
designated for use of motorized vehicles in the management plan
that applies on December 6, 2000; and
(2) after the effective date of a management plan prepared
pursuant to section 460ooo-5 of this title, on roads and trails
designated for use of motor vehicles in that management plan.
(e) Military airspace
Prior to December 6, 2000, the Federal Aviation Administration
approved restricted military airspace (Areas 2303A and 2303B) which
covers portions of the Conservation Area. Designation of the
Conservation Area shall not impact or impose any altitude, flight,
or other airspace restrictions on current or future military
operations or missions. Should the military require additional or
modified airspace in the future, the Congress does not intend for
the designation of the Conservation Area to impede the military
from petitioning the Federal Aviation Administration to change or
expand existing restricted military airspace.
(f) Access to State and private lands
Nothing in this subchapter shall affect valid existing
rights-of-way within the Conservation Area. The Secretary shall
provide reasonable access to nonfederally owned lands or interest
in lands within the boundaries of the Conservation Area.
(g) Hunting
Hunting shall be allowed within the Conservation Area in
accordance with applicable laws and regulations of the United
States and the State of Arizona, except that the Secretary, after
consultation with the Arizona State wildlife management agency, may
issue regulations designating zones where and establishing periods
when no hunting shall be permitted for reasons of public safety,
administration, or public use and enjoyment.
(h) Preventative measures
Nothing in this subchapter shall preclude such measures as the
Secretary determines necessary to prevent devastating fire or
infestation of insects or disease within the Conservation Area.
(i) No buffer zones
The establishment of the Conservation Area shall not 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 consistent
with other applicable laws.
(j) Withdrawals
Subject to valid existing rights all Federal lands within the
Conservation Area and all lands and interest therein which are
hereafter acquired by the United States are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public
land laws and from location, entry, and patent under the mining
laws, and from operation of the mineral leasing and geothermal
leasing laws and all amendments thereto.
-SOURCE-
(Pub. L. 106-538, Sec. 5, Dec. 6, 2000, 114 Stat. 2565.)
-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.
The public land laws, referred to in subsec. (j), are classified
generally to Title 43, Public Lands.
The mining laws and the mineral leasing laws, referred to in
subsec. (j), are classified generally to Title 30, Mineral Lands
and Mining.
Geothermal leasing laws, referred to in subsec. (j), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30, Mineral Lands and Mining.
-End-
-CITE-
16 USC Sec. 460ooo-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ooo-5. Management plan
-STATUTE-
(a) Plan required
Not later than 2 years after December 6, 2000, the Secretary,
through the Bureau of Land Management, shall develop and begin to
implement a comprehensive management plan for the long-term
management of the public lands within the Conservation Area in
order to fulfill the purposes for which it is established, as set
forth in section 460ooo-3(a) of this title. Consistent with the
provisions of this subchapter, the management plan shall be
developed -
(1) in consultation with appropriate departments of the State
of Arizona, including wildlife and land management agencies, with
full public participation;
(2) from the draft Empire-Cienega Ecosystem Management
Plan/EIS, dated October 2000, as it applies to Federal lands or
lands with conservation easements; and
(3) in accordance with the resource goals and objectives
developed through the Sonoita Valley Planning Partnership process
as incorporated in the draft Empire-Cienega Ecosystem Management
Plan/EIS, dated October 2000, giving full consideration to the
management alternative preferred by the Sonoita Valley Planning
Partnership, as it applies to Federal lands or lands with
conservation easements.
(b) Contents
The management plan shall include -
(1) provisions designed to ensure the protection of the
resources and values described in section 460ooo-3(a) of this
title;
(2) an implementation plan for a continuing program of
interpretation and public education about the resources and
values of the Conservation Area;
(3) a proposal for minimal administrative and public facilities
to be developed or improved at a level compatible with achieving
the resource objectives for the Conservation Area and with the
other proposed management activities to accommodate visitors to
the Conservation Area;
(4) cultural resources management strategies for the
Conservation Area, prepared in consultation with appropriate
departments of the State of Arizona, with emphasis on the
preservation of the resources of 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;
(5) wildlife management strategies for the Conservation Area,
prepared in consultation with appropriate departments of the
State of Arizona and using previous studies of the Conservation
Area;
(6) production livestock grazing management strategies,
prepared in consultation with appropriate departments of the
State of Arizona;
(7) provisions designed to ensure the protection of
environmentally sustainable livestock use on appropriate lands
within the Conservation Area;
(8) recreation management strategies, including motorized and
nonmotorized dispersed recreation opportunities for the
Conservation Area, prepared in consultation with appropriate
departments of the State of Arizona;
(9) cave resources management strategies prepared in compliance
with the goals and objectives of the Federal Cave Resources
Protection Act of 1988 (16 U.S.C. 4301 et seq.); and
(10) provisions designed to ensure that if a road or trail
located on public lands within the Conservation Area, or any
portion of such a road or trail, is removed, consideration shall
be given to providing similar alternative access to the portion
of the Conservation Area serviced by such removed road or trail.
(c) Cooperative agreements
In order to better implement the management plan, the Secretary
may enter into cooperative agreements with appropriate Federal,
State, and local agencies pursuant to section 1737(b) of title 43.
(d) Research activities
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, agricultural, recreational, and other
characteristics, resources, and values of the Conservation Area,
pursuant to section 1737(a) of title 43.
-SOURCE-
(Pub. L. 106-538, Sec. 6, Dec. 6, 2000, 114 Stat. 2566.)
-REFTEXT-
REFERENCES IN TEXT
The Archaeological Resources Protection Act of 1979, referred to
in subsec. (b)(4), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721,
as amended, 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.
(b)(4), 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(a) of this title and Tables.
The Federal Cave Resources Protection Act of 1988, referred to in
subsec. (b)(9), is Pub. L. 100-691, Nov. 18, 1988, 102 Stat. 4546,
which is classified generally to chapter 63 (Sec. 4301 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 4301 of this title and
Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460ooo-4 of this title.
-End-
-CITE-
16 USC Sec. 460ooo-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ooo-6. Land acquisition
-STATUTE-
(a) In general
(1) Priority to conservation easements
In acquiring lands or interest in lands under this section, the
Secretary shall give priority to such acquisitions in the form of
conservation easements.
(2) Private lands
The Secretary is authorized to acquire privately held lands or
interest in lands within the boundaries of the Acquisition
Planning District only from a willing seller through donation,
exchange, or purchase.
(3) County lands
The Secretary is authorized to acquire county lands or interest
in lands within the boundaries of the Acquisition Planning
District only with the consent of the county through donation,
exchange, or purchase.
(4) State lands
(A) In general
The Secretary is authorized to acquire lands or interest in
lands owned by the State of Arizona located within the
boundaries of the Acquisition Planning District only with the
consent of the State and in accordance with State law, by
donation, exchange, or purchase.
(B) Consideration
As consideration for the acquisitions by the United States of
lands or interest in lands under this paragraph, the Secretary
shall pay fair market value for such lands or shall convey to
the State of Arizona all or some interest in Federal lands
(including buildings and other improvements on such lands or
other Federal property other than real property) or any other
asset of equal value within the State of Arizona.
(C) Transfer of jurisdiction
All Federal agencies are authorized to transfer jurisdiction
of Federal lands or interest in lands (including buildings and
other improvements on such lands or other Federal property
other than real property) or any other asset within the State
of Arizona to the Bureau of Land Management for the purpose of
acquiring lands or interest in lands as provided for in this
paragraph.
(b) Management of acquired lands
Lands acquired under this section shall, upon acquisition, become
part of the Conservation Area and shall be administered as part of
the Conservation Area. These lands shall be managed in accordance
with this subchapter, other applicable laws, and the management
plan.
-SOURCE-
(Pub. L. 106-538, Sec. 7, Dec. 6, 2000, 114 Stat. 2567.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460ooo-2 of this title.
-End-
-CITE-
16 USC Sec. 460ooo-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVI - LAS CIENEGAS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ooo-7. Reports to Congress
-STATUTE-
(a) Protection of certain lands
Not later than 2 years after December 6, 2000, the Secretary
shall submit to Congress a report describing the most effective
measures to protect the lands north of the Acquisition Planning
District within the Rincon Valley, Colossal Cave area, and Agua
Verde Creek corridor north of Interstate 10 to provide an
ecological link to Saguaro National Park and the Rincon Mountains
and contribute to local government conservation priorities.
(b) Implementation of this subchapter
Not later than 5 years after December 6, 2000, and at least at
the end of every 10-year period thereafter, the Secretary shall
submit to Congress a report describing 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 as set
forth in section 460ooo-3(a) of this title.
-SOURCE-
(Pub. L. 106-538, Sec. 8, Dec. 6, 2000, 114 Stat. 2568.)
-End-
-CITE-
16 USC SUBCHAPTER CXXVII - BLACK ROCK DESERT-HIGH ROCK
CANYON EMIGRANT TRAILS NATIONAL CONSERVATION
AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVII - BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT
TRAILS NATIONAL CONSERVATION AREA
-HEAD-
SUBCHAPTER CXXVII - BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT
TRAILS NATIONAL CONSERVATION AREA
-End-
-CITE-
16 USC Sec. 460ppp 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVII - BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT
TRAILS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ppp. Findings
-STATUTE-
The Congress finds the following:
(1) The areas of northwestern Nevada known as the Black Rock
Desert and High Rock Canyon contain and surround the last
nationally significant, untouched segments of the historic
California emigrant Trails,(!1) including wagon ruts, historic
inscriptions, and a wilderness landscape largely unchanged since
the days of the pioneers.
(2) The relative absence of development in the Black Rock
Desert and high (!2) Rock Canyon areas from emigrant times to the
present day offers a unique opportunity to capture the terrain,
sights, and conditions of the overland trails as they were
experienced by the emigrants and to make available to both
present and future generations of Americans the opportunity of
experiencing emigrant conditions in an unaltered setting.
(3) The Black Rock Desert and High Rock Canyon areas are unique
segments of the Northern Great Basin and contain broad
representation of the Great Basin's land forms and plant and
animal species, including golden eagles and other birds of prey,
sage grouse, mule deer, pronghorn antelope, bighorn sheep, free
roaming horses and burros, threatened fish and sensitive plants.
(4) The Black Rock-High Rock region contains a number of
cultural and natural resources that have been declared eligible
for National Historic Landmark and Natural Landmark status,
including a portion of the 1843-44 John Charles Fremont
exploration route, the site of the death of Peter Lassen, early
military facilities, and examples of early homesteading and
mining.
(5) The archeological, paleontological, and geographical
resources of the Black Rock-High Rock region include numerous
prehistoric and historic Native American sites, wooly mammoth
sites, some of the largest natural potholes of North America, and
a remnant dry Pleistocene lakebed (playa) where the curvature of
the Earth may be observed.
(6) The two large wilderness mosaics that frame the
conservation area offer exceptional opportunities for solitude
and serve to protect the integrity of the viewshed of the
historic emigrant trails.
(7) Public lands in the conservation area have been used for
domestic livestock grazing for over a century, with resultant
benefits to community stability and contributions to the local
and State economies. It has not been demonstrated that
continuation of this use would be incompatible with appropriate
protection and sound management of the resource values of these
lands; therefore, it is expected that such grazing will continue
in accordance with the management plan for the conservation area
and other applicable laws and regulations.
(8) The Black Rock Desert playa is a unique natural resource
that serves as the primary destination for the majority of
visitors to the conservation area, including visitors associated
with large-scale permitted events. It is expected that such
permitted events will continue to be administered in accordance
with the management plan for the conservation area and other
applicable laws and regulations.
-SOURCE-
(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec.
2]], Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-353.)
-MISC1-
SHORT TITLE
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec.
1]], Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-353, provided
that: "This Act [S. 2273, as enacted by section 1(a)(4)[div. B,
title I, Sec. 125] of Pub. L. 106-554, 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 'Black Rock
Desert-High Rock Canyon Emigrant Trails National Conservation Area
Act of 2000'."
-FOOTNOTE-
(!1) So in original. Probably should not be capitalized.
(!2) So in original. Probably should be capitalized.
-End-
-CITE-
16 USC Sec. 460ppp-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVII - BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT
TRAILS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ppp-1. Definitions
-STATUTE-
As used in this subchapter:
(1) The term "Secretary" means the Secretary of the Interior.
(2) The term "public lands" has the meaning stated in section
1702(e) of title 43.
(3) The term "conservation area" means the Black Rock
Desert-High Rock Canyon Emigrant Trails National Conservation
Area established pursuant to section 460ppp-2 of this title.
-SOURCE-
(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec.
3]], Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-354.)
-End-
-CITE-
16 USC Sec. 460ppp-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVII - BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT
TRAILS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ppp-2. Establishment of the conservation area
-STATUTE-
(a) Establishment and purposes
In order to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the unique and
nationally important historical, cultural, paleontological, scenic,
scientific, biological, educational, wildlife, riparian,
wilderness, endangered species, and recreational values and
resources associated with the Applegate-Lassen and Nobles Trails
corridors and surrounding areas, there is hereby established the
Black Rock Desert-High Rock Canyon Emigrant Trails National
Conservation Area in the State of Nevada.
(b) Areas included
The conservation area shall consist of approximately 797,100
acres of public lands as generally depicted on the map entitled
"Black Rock Desert Emigrant Trail National Conservation Area" and
dated October 3, 2001.
(c) Maps and legal description
As soon as practicable after December 21, 2000, the Secretary
shall submit to Congress a map and legal description of the
conservation area. The map and legal description shall have the
same force and effect as if included in this subchapter, except the
Secretary may correct clerical and typographical errors in such map
and legal description. Copies of the map and legal description
shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
-SOURCE-
(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec.
4]], Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-354; Pub. L.
107-63, title I, Sec. 135(a), Nov. 5, 2001, 115 Stat. 443.)
-MISC1-
AMENDMENTS
2001 - Subsec. (b). Pub. L. 107-63 substituted "October 3, 2001"
for "July 19, 2000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460ppp-1, 460ppp-3 of
this title.
-End-
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16 USC Sec. 460ppp-3 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVII - BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT
TRAILS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ppp-3. Management
-STATUTE-
(a) Management
The Secretary, acting through the Bureau of Land Management,
shall manage the conservation area in a manner that conserves,
protects, and enhances its resources and values, including those
resources and values specified in subsection (!1) 460ppp-2(a) 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 provisions of law.
(b) Access
(1) In general
The Secretary shall maintain adequate access for the reasonable
use and enjoyment of the conservation area.
(2) Private land
The Secretary shall provide reasonable access to privately
owned land or interests in land within the boundaries of the
conservation area.
(3) Existing public roads
The Secretary is authorized to maintain existing public access
within the boundaries of the conservation area in a manner
consistent with the purposes for which the conservation area was
established.
(c) Uses
(1) In general
The Secretary shall only allow such uses of the conservation
area as the Secretary finds will further the purposes for which
the conservation area is established.
(2) Off-highway vehicle use
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 and trails and in other
areas designated for use of motorized vehicles as part of the
management plan prepared pursuant to subsection (e) of this
section.
(3) Permitted events
The Secretary may continue to permit large-scale events in
defined, low impact areas of the Black Rock Desert playa in the
conservation area in accordance with the management plan prepared
pursuant to subsection (e) of this section.
(d) Hunting, trapping, and fishing
Nothing in this subchapter shall be deemed to diminish the
jurisdiction of the State of Nevada with respect to fish and
wildlife management, including regulation of hunting and fishing,
on public lands within the conservation area.
(e) Management plan
Within three years following December 21, 2000, the Secretary
shall develop a comprehensive resource management plan for the
long-term protection and management of the conservation area. The
plan shall be developed with full public participation and shall
describe the appropriate uses and management of the conservation
area consistent with the provisions of this subchapter. The plan
may incorporate appropriate decisions contained in any current
management or activity plan for the area and may use information
developed in previous studies of the lands within or adjacent to
the conservation area.
(f) Grazing
Where the Secretary of the Interior currently permits livestock
grazing in the conservation area, such grazing shall be allowed to
continue subject to all applicable laws, regulations, and executive
orders.
(g) Visitor service facilities
The Secretary is authorized to establish, in cooperation with
other public or private entities as the Secretary may deem
appropriate, visitor service facilities for the purpose of
providing information about the historical, cultural, ecological,
recreational, and other resources of the conservation area.
(h) Road maintenance
Within the conservation area the Secretary may permit the use of
gravel pits for the maintenance of roads within the conservation
area under the Materials Act of 1947 (30 U.S.C. 601 et seq.) to the
extent consistent with this subchapter and subject to such
regulations, policies, and practices as the Secretary considers
necessary.
-SOURCE-
(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec.
5]], Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-354; Pub. L.
107-63, title I, Sec. 135(b), Nov. 5, 2001, 115 Stat. 443.)
-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.
The Materials Act of 1947, referred to in subsec. (h), is act
July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is
classified generally to subchapter I (Sec. 601 et seq.) of chapter
15 of Title 30, Mineral Lands and Mining. For complete
classification of this Act to the Code, see Short Title note set
out under section 601 of Title 30 and Tables.
-MISC1-
AMENDMENTS
2001 - Subsec. (h). Pub. L. 107-63 added subsec. (h).
-FOOTNOTE-
(!1) So in original. Probably should be "section".
-End-
-CITE-
16 USC Sec. 460ppp-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVII - BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT
TRAILS NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460ppp-4. Withdrawal
-STATUTE-
Subject to valid existing rights, all Federal lands within the
conservation area and all lands and interests therein which are
hereafter acquired by the United States are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public
land laws, from location, entry, and patent under the mining laws,
from operation of the mineral leasing and geothermal leasing laws
and from the minerals materials laws and all amendments thereto.
-SOURCE-
(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec.
6]], Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-355.)
-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in text, are classified
generally to Title 43, Public Lands.
The mining laws and the mineral leasing laws, referred to in
text, are classified generally to Title 30, Mineral Lands and
Mining.
Geothermal leasing laws, referred to in text, are classified (continued)