Loading (50 kb)...'
(continued) aws, referred to in text, are classified
principally to chapter 23 (Sec. 1001 et seq.) of Title 30, Mineral
Lands and Mining.
-End-
-CITE-
16 USC Sec. 460ppp-5 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-5. 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 consistent with other applicable laws.
-SOURCE-
(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec.
7]], Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-356.)
-End-
-CITE-
16 USC Sec. 460ppp-6 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-6. Wilderness
-STATUTE-
(a) Designation
In furtherance of the purposes of the Wilderness Act of 1964 (16
U.S.C. 1131 et seq.), the following lands in the State of Nevada
are designated as wilderness, and, therefore, as components of the
National Wilderness Preservation System:
(1) Certain lands in the Black Rock Desert Wilderness Study
Area comprised of approximately 315,700 acres, as generally
depicted on a map entitled "Black Rock Desert Wilderness -
Proposed" and dated October 3, 2001, and which shall be known as
the Black Rock Desert Wilderness.
(2) Certain lands in the Pahute Peak Wilderness Study Area
comprised of approximately 57,400 acres, as generally depicted on
a map entitled "Pahute Peak Wilderness - Proposed" and dated
October 3, 2001, and which shall be known as the Pahute Peak
Wilderness.
(3) Certain lands in the North Black Rock Range Wilderness
Study Area comprised of approximately 30,800 acres, as generally
depicted on a map entitled "North Black Rock Range Wilderness -
Proposed" and dated October 3, 2001, and which shall be known as
the North Black Rock Range Wilderness.
(4) Certain lands in the East Fork High Rock Canyon Wilderness
Study Area comprised of approximately 52,800 acres, as generally
depicted on a map entitled "East Fork High Rock Canyon Wilderness
- Proposed" and dated October 3, 2001, and which shall be known
as the East Fork High Rock Canyon Wilderness.
(5) Certain lands in the High Rock Lake Wilderness Study Area
comprised of approximately 59,300 acres, as generally depicted on
a map entitled "High Rock Lake Wilderness - Proposed" and dated
October 3, 2001, and which shall be known as the High Rock Lake
Wilderness.
(6) Certain lands in the Little High Rock Canyon Wilderness
Study Area comprised of approximately 48,700 acres, as generally
depicted on a map entitled "Little High Rock Canyon Wilderness -
Proposed" and dated October 3, 2001, and which shall be known as
the Little High Rock Canyon Wilderness.
(7) Certain lands in the High Rock Canyon Wilderness Study Area
and Yellow Rock Canyon Wilderness Study Area comprised of
approximately 46,600 acres, as generally depicted on a map
entitled "High Rock Canyon Wilderness - Proposed" and dated
October 3, 2001, and which shall be known as the High Rock Canyon
Wilderness.
(8) Certain lands in the Calico Mountains Wilderness Study Area
comprised of approximately 65,400 acres, as generally depicted on
a map entitled "Calico Mountains Wilderness - Proposed" and dated
October 3, 2001, and which shall be known as the Calico Mountains
Wilderness.
(9) Certain lands in the South Jackson Mountains Wilderness
Study Area comprised of approximately 56,800 acres, as generally
depicted on a map entitled "South Jackson Mountains Wilderness -
Proposed" and dated October 3, 2001, and which shall be known as
the South Jackson Mountains Wilderness.
(10) Certain lands in the North Jackson Mountains Wilderness
Study Area comprised of approximately 24,000 acres, as generally
depicted on a map entitled "North Jackson Mountains Wilderness -
Proposed" and dated October 3, 2001, and which shall be known as
the North Jackson Mountains Wilderness.
(b) Administration of wilderness areas
Subject to valid existing rights, each wilderness area designated
by this subchapter shall be administered by the Secretary in
accordance with the provisions of the Wilderness Act [16 U.S.C.
1131 et seq.], except that any reference in such provisions to the
effective date of the Wilderness Act shall be deemed to be a
reference to December 21, 2000, and any reference to the Secretary
of Agriculture shall be deemed to be a reference to the Secretary
of the Interior.
(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
wilderness areas designated under this subchapter. 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.
(d) Grazing
Within the wilderness areas designated under subsection (a) of
this section, the grazing of livestock, where established prior to
December 21, 2000, shall be permitted to continue subject to such
reasonable regulations, policies, and practices as the Secretary
deems necessary, as long as such regulations, policies, and
practices fully conform with and implement the intent of Congress
regarding grazing in such areas as such intent is expressed in the
Wilderness Act and section 101(f) of Public Law 101-628.
(e) Hunting, trapping, and fishing
(1) In general
Nothing in this subchapter diminishes the jurisdiction of the
State of Nevada with respect to fish and wildlife management,
including regulation of hunting and fishing on public land in the
areas designated as wilderness under subsection (a) of this
section.
(2) Applicable law
Any action in the areas designated as wilderness under
subsection (a) of this section shall be consistent with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(f) Wildland fire protection
Nothing in this subchapter or the Wilderness Act (16 U.S.C. 1131
et seq.) precludes a Federal, State, or local agency from
conducting wildland fire management operations (including
prescribed burns) within the areas designated as wilderness under
subsection (a) of this section, subject to any conditions that the
Secretary considers appropriate.
(g) Wilderness study release
Congress -
(1) finds that the parcels of land in the wilderness study
areas referred to in subsection (a) of this section that are not
designated as wilderness by subsection (a) of this section have
been adequately studied for wilderness designation under section
1782 of title 43; and
(2) declares that those parcels are no longer subject to the
requirement of subsection (c) of that section pertaining to the
management of wilderness study areas in a manner that does not
impair the suitability of such areas for preservation as
wilderness.
-SOURCE-
(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec.
8]], Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-356; Pub. L.
107-63, title I, Sec. 135(a), (c)-(e), Nov. 5, 2001, 115 Stat.
443.)
-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in subsecs. (a), (b), (d),
(e)(2), and (f), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as
amended, which is classified generally to chapter 23 (Sec. 1131 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of this title
and Tables.
The effective date of the Wilderness Act, referred to in subsec.
(b), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.
Section 101(f) of Public Law 101-628, referred to in subsec. (d),
is section 101(f) of Pub. L. 101-628, title I, Nov. 28, 1990, 104
Stat. 4473, which is not classified to the Code.
-COD-
CODIFICATION
Section is comprised of section 1(a)(4) [div. B, title I, Sec.
125 [Sec. 8]] of Pub. L. 106-554. Section 1(a)(4) [div. B, title I,
Sec. 125 [Sec. 8(a)(1)-(10)]] of Pub. L. 106-554 also enacted
provisions listed in a table of Wilderness Areas set out under
section 1132 of this title.
-MISC1-
AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-63, Sec. 135(a), substituted
"October 3, 2001" for "July 19, 2000" wherever appearing.
Subsecs. (e) to (g). Pub. L. 107-63, Sec. 135(c)-(e), added
subsecs. (e) to (g).
-End-
-CITE-
16 USC Sec. 460ppp-7 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-7. Authorization of appropriations
-STATUTE-
There is hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subchapter.
-SOURCE-
(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec.
9]], Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-357.)
-End-
-CITE-
16 USC SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL
CONSERVATION AREA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL CONSERVATION AREA
-HEAD-
SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL CONSERVATION AREA
-End-
-CITE-
16 USC Sec. 460qqq 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460qqq. Purpose
-STATUTE-
The purpose of this subchapter is to establish the Sloan Canyon
National Conservation Area to conserve, protect, and enhance for
the benefit and enjoyment of present and future generations the
cultural, archaeological, natural, wilderness, scientific,
geological, historical, biological, wildlife, educational, and
scenic resources of the Conservation Area.
-SOURCE-
(Pub. L. 107-282, title VI, Sec. 602, Nov. 6, 2002, 116 Stat.
2009.)
-MISC1-
SHORT TITLE
Pub. L. 107-282, Sec. 1, Nov. 6, 2002, 116 Stat. 1994, provided
that: "This Act [enacting this subchapter, amending section
460ccc-1 of this title, enacting provisions set out as notes under
this section and sections 460n-1, 460ccc-4, and 460qqq-1 of this
title, enacting provisions listed in a table of National Wildlife
Refuges set out under section 668dd of this title, and enacting and
amending provisions listed in a table of Wilderness Areas set out
under 1132 of this title] may be cited as the 'Clark County
Conservation of Public Land and Natural Resources Act of 2002'."
Pub. L. 107-282, title VI, Sec. 601, Nov. 6, 2002, 116 Stat.
2009, provided that: "This title [enacting this subchapter] may be
cited as the 'Sloan Canyon National Conservation Area Act'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460qqq-2,460qqq-3,
460qqq-4 of this title.
-End-
-CITE-
16 USC Sec. 460qqq-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460qqq-1. Definitions
-STATUTE-
In this subchapter:
(1) Conservation Area
The term "Conservation Area" means the Sloan Canyon National
Conservation Area established by section 460qqq-2(a) of this
title.
(2) Federal parcel
The term "Federal parcel" means the parcel of Federal land
consisting of approximately 500 acres that is identified as Tract
A on the map entitled "Southern Nevada Public Land Management
Act" and dated October 1, 2002.
(3) Management plan
The term "management plan" means the management plan for the
Conservation Area developed under section 460qqq-3(b) of this
title.
(4) Map
The term "map" means the map entitled "Southern Nevada Public
Land Management Act" and dated October 1, 2002.
-SOURCE-
(Pub. L. 107-282, title VI, Sec. 603, Nov. 6, 2002, 116 Stat.
2009.)
-CROSS-
DEFINITIONS
Pub. L. 107-282, Sec. 3, Nov. 6, 2002, 116 Stat. 1995, provided
that:
"In this Act [see Short Title note set out under section 460qqq
of this title]:
"(1) Agreement. - The term 'Agreement' means the Agreement
entitled 'Interim Cooperative Management Agreement Between the
United States of the Interior Bureau of Land Management and Clark
County', dated November 4, 1992.
"(2) County. - The term 'County' means Clark County, Nevada.
"(3) Secretary. - The term 'Secretary' means -
"(A) the Secretary of Agriculture with respect to land in the
National Forest System; or
"(B) the Secretary of the Interior, with respect to other
Federal land.
"(4) State. - The term 'State' means the State of Nevada."
-End-
-CITE-
16 USC Sec. 460qqq-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460qqq-2. Establishment
-STATUTE-
(a) In general
For the purpose described in section 460qqq of this title, there
is established in the State a conservation area to be known as the
Sloan Canyon National Conservation Area.
(b) Area included
The Conservation Area shall consist of approximately 48,438 acres
of public land in the County, as generally depicted on the map.
(c) Map and legal description
(1) In general
As soon as practicable after November 6, 2002, the Secretary
shall submit to Congress a map and legal description of the
Conservation Area.
(2) Effect
The map and legal description shall have the same force and
effect as if included in this section, except that the Secretary
may correct minor errors in the map or legal description.
(3) Public availability
A copy of the map and legal description shall be on file and
available for public inspection in the appropriate office of the
Bureau of Land Management.
-SOURCE-
(Pub. L. 107-282, title VI, Sec. 604, Nov. 6, 2002, 116 Stat.
2010.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460qqq-1 of this title.
-End-
-CITE-
16 USC Sec. 460qqq-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460qqq-3. Management
-STATUTE-
(a) In general
The Secretary, acting through the Director of the Bureau of Land
Management, shall manage the Conservation Area -
(1) in a manner that conserves, protects, and enhances the
resources of the Conservation Area; and
(2) in accordance with -
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(B) other applicable law, including this Act.
(b) Management plan
(1) In general
Not later than 3 years after November 6, 2002, the Secretary,
in consultation with the State, the city of Henderson, the
County, and any other interested persons, shall develop a
management plan for the Conservation Area.
(2) Requirements
The management plan shall -
(A) describe the appropriate uses and management of the
Conservation Area;
(B)(i) authorize the use of motorized vehicles in the
Conservation Area -
(I) for installing, repairing, maintaining, and
reconstructing water development projects, including
guzzlers, that would enhance the Conservation Area by
promoting healthy, viable, and more naturally distributed
wildlife populations; and
(II) subject to any limitations that are not more
restrictive than the limitations on such uses authorized in
wilderness areas under section 208; (!1) and
(ii) include or provide recommendations on ways of minimizing
the visual impacts of such activities on the Conservation Area;
(C) include a plan for litter cleanup and public lands
awareness campaign on public lands in and around the
Conservation Area; and
(D) include a recommendation on the location for a
right-of-way for a rural roadway to provide the city of
Henderson with access to the Conservation Area, in accordance
with the application numbered N-65874.
(c) Uses
The Secretary shall allow only such uses of the Conservation Area
that the Secretary determines will further the purpose described in
section 460qqq of this title.
(d) Motorized vehicles
Except as needed for administrative purposes or to respond to an
emergency, the use of motorized vehicles in the Conservation Area
shall be permitted only on roads and trails designated for the use
of motorized vehicles by the management plan developed under
subsection (b) of this section.
(e) Withdrawal
(1) In general
Subject to valid existing rights, all public land in the
Conservation Area is withdrawn from -
(A) all forms of entry and appropriation under the public
land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(2) Additional land
Notwithstanding any other provision of law, if the Secretary
acquires mineral or other interests in a parcel of land within
the Conservation Area after November 6, 2002, the parcel is
withdrawn from operation of the laws referred to in paragraph (1)
on the date of acquisition of the land.
(f) Hunting, fishing, and trapping
(1) In general
Nothing in this subchapter affects the jurisdiction of the
State with respect to fish and wildlife, including hunting,
fishing, and trapping in the Conservation Area.
(2) Limitations
(A) Regulations
The Secretary may designate by regulation areas in which, and
establish periods during which, for reasons of public safety,
administration, or compliance with applicable laws, no hunting,
fishing, or trapping will be permitted in the Conservation
Area.
(B) Consultation
Except in emergencies, the Secretary shall consult with the
appropriate State agency before promulgating regulations under
subparagraph (A) that close a portion of the Conservation Area
to hunting, fishing, or trapping.
(g) No buffer zones
(1) In general
The establishment of the Conservation Area shall not create an
express or implied protective perimeter or buffer zone around the
Conservation Area.
(2) Private land
If the use of, or conduct of an activity on, private land that
shares a boundary with the Conservation Area is consistent with
applicable law, nothing in this subchapter concerning the
establishment of the Conservation Area shall prohibit or limit
the use or conduct of the activity.
-SOURCE-
(Pub. L. 107-282, title VI, Sec. 605, Nov. 6, 2002, 116 Stat.
2010.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (a)(2)(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.
This Act, referred to in subsec. (a)(2)(B), is Pub. L. 107-282,
Nov. 6, 2002, 116 Stat. 1994, known as the Clark County
Conservation of Public Land and Natural Resources Act of 2002. For
complete classification of this Act to the Code, see Short Title
note set out under section 460qqq of this title and Tables.
Section 208, referred to in subsec. (b)(2)(B)(i)(II), is section
208 of Pub. L. 107-282, Nov. 6, 2002, 116 Stat. 2005, which is not
classified to the Code.
The public land laws, referred to in subsec. (e)(1)(A), are
classified generally to Title 43, Public Lands.
The mining laws, referred to in subsec. (e)(1)(B), are classified
generally to Title 30, Mineral Lands and Mining.
The mineral leasing laws, referred to in subsec. (e)(1)(C), are
classified generally to Title 30, Mineral Lands and Mining.
The geothermal leasing laws, referred to in subsec. (e)(1)(C),
are classified principally to chapter 23 (Sec. 1001 et seq.) of
Title 30, Mineral Lands and Mining.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460qqq-1 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 460qqq-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460qqq-4. Sale of Federal parcel
-STATUTE-
(a) In general
Notwithstanding sections 1712 and 1713 of title 43 and subject to
valid existing rights, not later than 1 year after November 6,
2002, the Secretary shall convey to the highest qualified bidder
all right, title, and interest of the United States in and to the
Federal parcel.
(b) Disposition of proceeds
Of the gross proceeds from the conveyance of land under
subsection (a) of this section -
(1) 5 percent shall be available to the State for use in the
general education program of the State; and
(2) the remainder shall be deposited in the special account
established under the Southern Nevada Public Lands Management Act
of 1998 (Public Law 105-263; 112 Stat. 2345), to be available to
the Secretary, without further appropriation for -
(A) the construction and operation of facilities to support
the management of the Conservation Area;
(B) the construction and repair of trails and roads in the
Conservation Area authorized under the management plan;
(C) research on and interpretation of the archaeological and
geological resources of the Conservation Area;
(D) conservation and research relating to the Conservation
Area; and
(E) any other purpose that the Secretary determines to be
consistent with the purpose described in section 460qqq of this
title.
-SOURCE-
(Pub. L. 107-282, title VI, Sec. 606, Nov. 6, 2002, 116 Stat.
2012.)
-REFTEXT-
REFERENCES IN TEXT
The Southern Nevada Public Lands Management Act of 1998, referred
to in subsec. (b)(2), probably means the Southern Nevada Public
Land Management Act of 1998, Pub. L. 105-263, Oct. 19, 1998, 112
Stat. 2343, which amended section 460ccc-1 of this title and
section 6901 of Title 31, Money and Finance, and enacted provisions
set out as a note under section 6901 of Title 31. For complete
classification of this Act to the Code, see Short Title of 1998
Amendment note set out under section 6901 of Title 31 and Tables.
-End-
-CITE-
16 USC Sec. 460qqq-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVIII - SLOAN CANYON NATIONAL CONSERVATION AREA
-HEAD-
Sec. 460qqq-5. Right-of-way
-STATUTE-
Not later than 180 days after November 6, 2002, the Secretary
shall convey to the City of Henderson the public right-of-way
requested for public trail purposes under the application numbered
N-76312 and the public right-of-way requested for public trail
purposes under the application numbered N-65874.
-SOURCE-
(Pub. L. 107-282, title VI, Sec. 607, Nov. 6, 2002, 116 Stat.
2012.)
-End-