16 U.S.C. § 410aaa–81c — Prohibited uses of acquired, donated, and conservation land
submitted 7 years ago by Pub. L. 103-433 to r/title-16-CONSERVATION · 620 words · no verdicts yet
Land bought with conservation funds, set aside for habitat plans, or donated inside the California Desert Conservation Area generally can't be used for grazing, mining, off-road driving off designated routes, or other uses that conflict with why it was protected. The Secretary can allow limited exceptions if the permit holder donates land of equal value to make up for it.
(a) Definitions. "Acquired land" is land bought inside the Conservation Area using Land and Water Conservation Fund money. "Conservation Area" means the California Desert Conservation Area. "Conservation land" is land set aside to meet a federal or state habitat conservation plan, including national conservation land and areas of critical environmental concern. "Donated land" is private land given to the United States for conservation there. A "donor" is whoever gives that land. "Secretary" means the Secretary acting through the BLM Director. "State" means California.
(b) Prohibitions. Except as allowed in subsection (c), the Secretary can't let acquired, conservation, or donated land in the Conservation Area be used for anything that goes against the conservation purpose it was acquired, designated, or donated for. That includes: (1) disposal; (2) rights-of-way; (3) leases; (4) livestock grazing; (5) building infrastructure, except as allowed in (c); (6) mineral claims; and (7) off-highway vehicle use — except on designated routes, legally designated OHV areas, or administratively designated open areas.
(c) Exceptions. (1) The Secretary may allow limited exceptions on acquired or donated land if: (A) a right-of-way application for a renewable energy project or its energy-transport facility was filed with the BLM on or before December 1, 2009; or (B) after an environmental review under the National Environmental Policy Act of 1969, the Secretary decides the proposed use serves the public interest. (2) If the Secretary grants an exception: (A) the permit holder must donate private land of comparable value inside the Conservation Area to the United States to offset the impact; (B) that donated land must be approved by the Secretary, after consulting the donor of the private land where practical, and after a public comment period.
(d) Existing agreements. This section doesn't change any permitted or prohibited uses already set out in easements, deed restrictions, memoranda of understanding, or other agreements that existed on March 12, 2019.
(e) Deed restrictions. Starting March 12, 2019, within the Conservation Area, the Secretary may: (1) accept deed restrictions that landowners request for land they donate or that the government otherwise acquires; and (2) create deed restrictions, easements, or other rights on public land the Secretary finds necessary — either (A) to satisfy mitigation required for renewable-energy development, or (B) to meet the conditions of a habitat conservation plan or a state-approved natural communities conservation plan.
In this section:
The term “acquired land” means any land acquired within the Conservation Area using amounts from the land and water conservation fund established under section 200302 of title 54.
The term “Conservation Area” means the California Desert Conservation Area.
The term “conservation land” means any land within the Conservation Area that is designated to satisfy the conditions of a Federal habitat conservation plan, general conservation plan, or State natural communities conservation plan, including—
national conservation land established pursuant to section 7202(b)(2)(D) of this title; and
areas of critical environmental concern established pursuant to section 1712(c)(3) of title 43.
The term “donated land” means any private land donated to the United States for conservation purposes in the Conservation Area.
The term “donor” means an individual or entity that donates private land within the Conservation Area to the United States.
The term “Secretary” means the Secretary, acting through the Director of the Bureau of Land Management.
The term “State” means the State of California.
Except as provided in subsection (c), the Secretary shall not authorize the use of acquired land, conservation land, or donated land within the Conservation Area for any activities contrary to the conservation purposes for which the land was acquired, designated, or donated, including—
disposal;
rights-of-way;
leases;
livestock grazing;
infrastructure development, except as provided in subsection (c);
mineral entry; and
off-highway vehicle use, except on—
designated routes;
off-highway vehicle areas designated by law; and
administratively designated open areas.
Subject to paragraph (2), the Secretary may authorize limited exceptions to prohibited uses of acquired land or donated land in the Conservation Area if—
a right-of-way application for a renewable energy development project or associated energy transport facility on acquired land or donated land was submitted to the Bureau of Land Management on or before December 1, 2009; or
after the completion and consideration of an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary has determined that proposed use is in the public interest.
If the Secretary grants an exception to the prohibition under paragraph (1), the Secretary shall require the permittee to donate private land of comparable value located within the Conservation Area to the United States to mitigate the use.
The private land to be donated under subparagraph (A) shall be approved by the Secretary after—
consultation, to the maximum extent practicable, with the donor of the private land proposed for nonconservation uses; and
an opportunity for public comment regarding the donation.
Nothing in this section affects permitted or prohibited uses of donated land or acquired land in the Conservation Area established in any easements, deed restrictions, memoranda of understanding, or other agreements in existence on March 12, 2019.
Effective beginning on March 12, 2019, within the Conservation Area, the Secretary may—
accept deed restrictions requested by landowners for land donated to, or otherwise acquired by, the United States; and
consistent with existing rights, create deed restrictions, easements, or other third-party rights relating to any public land determined by the Secretary to be necessary—
to fulfill the mitigation requirements resulting from the development of renewable resources; or
to satisfy the conditions of—
a habitat conservation plan or general conservation plan established pursuant to section 1539 of this title; or
a natural communities conservation plan approved by the State.
Source credit: (Pub. L. 103–433, title VII, § 714, as added Pub. L. 116–9, title I, § 1453, Mar. 12, 2019, 133 Stat. 712.)
- 2019Enacted · Pub. L. 103-433 · 133 Stat. 712
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-433 on 2019-03-12.
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