43 U.S.C. § 1781 — California Desert Conservation Area

(a) Congressional findings. Congress finds that (1) the California desert has historical, scenic, archaeological, environmental, biological, cultural, scientific, educational, recreational, and economic resources uniquely located next to a large population; (2) its environment is a fragile total ecosystem that is easily scarred and heals slowly; (3) the environment and resources, including rare and endangered wildlife, plants, and fish and many archaeological and historic sites, face serious threats from air pollution, inadequate Federal management authority, and increased use, especially recreation, which will intensify as Southern California’s population grows; (4) all California desert resources can and should be managed through multiple use and sustained yield to conserve them for future generations and provide present and future use and enjoyment, especially outdoor recreation, including off-road recreational vehicles where appropriate; (5) the Secretary has begun comprehensive planning and an interim management program for public lands in the desert; and (6) to study the relationship between people and the desert, preserve unique and irreplaceable resources including archaeological values, and conserve economic resources, the public needs more opportunity to participate in planning and management, and the Secretary needs additional management authority.

(b) Statement of purpose. This section’s purpose is to provide for immediate and future protection and administration of public lands in the California desert through multiple use and sustained yield, while maintaining environmental quality.

(c) Description of Area. (1) “California desert” means the area generally shown on the map titled “California Desert Conservation Area—Proposed,” dated April 1974, and described under paragraph (2). This section does not otherwise define the quoted term. (2) As soon as practicable after October 21, 1976, the Secretary must file a revised map and legal description of the California Desert Conservation Area with the Senate and House Committees on Interior and Insular Affairs. The map and description have the same force as if included in this Act. The Secretary may correct clerical and typographical errors and, as far as practicable, must promptly make the map and description available to the public on request.

(d) Preparation and implementation of comprehensive long-range plan for management, use, etc. Under 43 U.S.C. § 1712, the Secretary must prepare and implement a comprehensive long-range plan for managing, using, developing, and protecting public lands in the Area. The plan must apply multiple use and sustained yield to resource use and development, including environmental quality, rights-of-way, and mineral development. The plan must be completed and implementation begun by September 30, 1980.

(e) Interim program for management, use, etc. From October 21, 1976, until the comprehensive plan is implemented, the Secretary must carry out an interim program to manage, use, and protect public lands and resources in the Area that are in danger of destruction. The program must provide orderly and reasonable public use, such as campgrounds and visitor centers, and a uniformed desert-ranger force.

(f) Applicability of mining laws. Subject to valid existing rights, this Act does not change the United States mining laws’ application to public lands in the Area. However, every mining claim there is subject to reasonable regulations the Secretary issues to carry out this section. Any patent issued for such a claim must state this limit and remain subject to those regulations. The regulations must include reasonable measures to protect scenic, scientific, and environmental values from undue impairment and prevent pollution of streams and waters in the Area.

(g) Advisory Committee; establishment; functions. (1) Within 60 days after October 21, 1976, the Secretary must establish a California Desert Conservation Area Advisory Committee under 43 U.S.C. § 1739. (2) The advisory committee’s function is to advise the Secretary about preparing and implementing the comprehensive plan required by subsection (d).

(h) Management of lands under jurisdiction of Secretary of Agriculture and Secretary of Defense. The Agriculture Secretary and Defense Secretary must manage lands in or next to the Area under their respective jurisdictions according to the laws governing those lands and, whenever practicable, consistently with this section’s purpose. The Secretary, Agriculture Secretary, and Defense Secretary are authorized and directed to consult and cooperate, including through law enforcement under applicable authority, to protect archaeological and other values of the Area and nearby lands.

(i) Omitted.

(j) Authorization of appropriations. For fiscal years 1977 through 1981, up to $40,000,000 may be appropriated for this section. The money remains available until spent.