16 U.S.C. § 410aaa–91 — Designation of Off-Highway Vehicle Recreation Areas
submitted 7 years ago by Pub. L. 103-433 to r/title-16-CONSERVATION · 1,648 words · no verdicts yet
This section creates five named off-highway vehicle recreation areas in San Bernardino County and expands a sixth, covering hundreds of thousands of acres, to protect off-road recreation while conserving wildlife. It sets rules for maps, allowed uses, wildlife water sources, banned commercial development, management plans, and land withdrawal, and it protects existing power-line rights-of-way for two utility companies.
In accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and resource management plans developed under this part and subject to valid rights, the following land within the Conservation Area in San Bernardino County, California, is designated as Off-Highway Vehicle Recreation Areas:
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 7,620 acres, as generally depicted on the map entitled “Proposed Dumont Dunes OHV Recreation Area” and dated November 7, 2018, which shall be known as the “Dumont Dunes Off-Highway Vehicle Recreation Area”.
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 16,370 acres, as generally depicted on the map entitled “Proposed El Mirage OHV Recreation Area” and dated December 10, 2018, which shall be known as the “El Mirage Off-Highway Vehicle Recreation Area”.
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 23,900 acres, as generally depicted on the map entitled “Proposed Rasor OHV Recreation Area” and dated November 7, 2018, which shall be known as the “Rasor Off-Highway Vehicle Recreation Area”.
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 92,340 acres, as generally depicted on the map entitled “Proposed Spangler Hills OHV Recreation Area” and dated December 10, 2018, which shall be known as the “Spangler Hills Off-Highway Vehicle Recreation Area”.
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 40,110 acres, as generally depicted on the map entitled “Proposed Stoddard Valley OHV Recreation Area” and dated November 7, 2018, which shall be known as the “Stoddard Valley Off-Highway Vehicle Recreation Area”.
The Johnson Valley Off-Highway Vehicle Recreation Area designated by section 2945 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1038) is expanded to include approximately 20,240 acres, depicted as “Proposed OHV Recreation Area Additions” and “Proposed OHV Recreation Area Study Areas” on the map entitled “Proposed Johnson Valley OHV Recreation Area” and dated November 7, 2018.
The purpose of the off-highway vehicle recreation areas designated or expanded under subsection (a) is to preserve and enhance the recreational opportunities within the Conservation Area (including opportunities for off-highway vehicle recreation), while conserving the wildlife and other natural resource values of the Conservation Area.
As soon as practicable after March 12, 2019, the Secretary shall file a map and legal description of each off-highway vehicle recreation area designated or expanded by subsection (a) with—
the Committee on Natural Resources of the House of Representatives; and
the Committee on Energy and Natural Resources of the Senate.
The map and legal descriptions of the off-highway vehicle recreation areas filed under paragraph (1) shall have the same force and effect as if included in this part, except that the Secretary may correct errors in the map and legal descriptions.
Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate offices of the Bureau of Land Management.
The Secretary shall continue to authorize, maintain, and enhance the recreational uses of the off-highway vehicle recreation areas designated or expanded by subsection (a), as long as the recreational use is consistent with this section and any other applicable law.
To the extent consistent with applicable Federal law (including regulations) and this section, any authorized recreation activities and use designations in effect on March 12, 2019, and applicable to the off-highway vehicle recreation areas designated or expanded by subsection (a) shall continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation.
Wildlife guzzlers shall be allowed in the off-highway vehicle recreation areas designated or expanded by subsection (a) in accordance with—
applicable Bureau of Land Management guidelines; and
State law.
Except as provided in subparagraph (B), commercial development (including development of energy facilities, but excluding energy transport facilities, rights-of-way, and related telecommunication facilities) shall be prohibited in the off-highway vehicle recreation areas designated or expanded by subsection (a) if the Secretary determines that the development is incompatible with the purpose described in subsection (b).
The Secretary may issue a temporary permit to a commercial vendor to provide accessories and other support for off-highway vehicle use in an off-highway vehicle recreation area designated or expanded by subsection (a) for a limited period and consistent with the purposes of the off-highway vehicle recreation area and applicable laws.
The Secretary shall administer the off-highway vehicle recreation areas designated or expanded by subsection (a) in accordance with—
this part;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable laws (including regulations).
As soon as practicable, but not later than 3 years after March 12, 2019, the Secretary shall—
amend existing resource management plans applicable to the off-highway vehicle recreation areas designated or expanded by subsection (a); or
develop new management plans for each off-highway vehicle recreation area designated or expanded under that subsection.
All new or amended plans under subparagraph (A) shall be designed to preserve and enhance safe off-highway vehicle and other recreational opportunities within the applicable recreation area consistent with—
the purpose described in subsection (b); and
any applicable laws (including regulations).
Pending completion of a new management plan under subparagraph (A), the existing resource management plans shall govern the use of the applicable off-highway vehicle recreation area.
Subject to valid existing rights, all Federal land within the off-highway vehicle recreation areas designated or expanded by subsection (a) is withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
right-of-way, leasing, or disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials.
Nothing in this part—
affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized energy transport facility activities (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Southern California Edison Company (including any successor in interest or assign) that is located on land included in—
the El Mirage Off-Highway Vehicle Recreation Area;
the Spangler Hills Off-Highway Vehicle Recreation Area;
the Stoddard Valley Off-Highway Vehicle Recreation Area; or
the Johnson Valley Off-Highway Vehicle Recreation Area;
affects the application, siting, route selection, right-of-way acquisition, or construction of the Coolwater-Lugo transmission project, as may be approved by the California Public Utilities Commission and the Bureau of Land Management; or
prohibits the upgrading or replacement of any Southern California Edison Company—
utility facility, including such a utility facility known on March 12, 2019, as—
“Gale-PS 512 transmission lines or rights-of-way”;
“Patio, Jack Ranch, and Kenworth distribution circuits or rights-of-way”; or
“Bessemer and Peacor distribution circuits or rights-of-way”; or
energy transport facility in a right-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i).
The Secretary, in consultation with the Southern California Edison Company, shall publish plans for regular and emergency access by the Southern California Edison Company to the rights-of-way of the Company by the date that is 1 year after the later of—
March 12, 2019; and
the date of issuance of a new energy transport facility right-of-way within—
the El Mirage Off-Highway Vehicle Recreation Area;
the Spangler Hills Off-Highway Vehicle Recreation Area;
the Stoddard Valley Off-Highway Vehicle Recreation Area; or
the Johnson Valley Off-Highway Vehicle Recreation Area.
Nothing in this part—
affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any successor in interest or assign) that is located on land included in the Spangler Hills Off-Highway Vehicle Recreation Area; or
prohibits the upgrading or replacement of any—
utility facilities of the Pacific Gas and Electric Company, including those utility facilities known on March 12, 2019, as—
“Gas Transmission Line 311 or rights-of-way”; or
“Gas Transmission Line 372 or rights-of-way”; or
utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i).
Not later than 1 year after March 12, 2019, or the issuance of a new utility facility right-of-way within the Spangler Hills Off-Highway Vehicle Recreation Area, whichever is later, the Secretary, in consultation with the Pacific Gas and Electric Company, shall publish plans for regular and emergency access by the Pacific Gas and Electric Company to the rights-of-way of the Pacific Gas and Electric Company.
Source credit: (Pub. L. 103–433, title XIII, § 1301, as added Pub. L. 116–9, title I, § 1441, Mar. 12, 2019, 133 Stat. 702.)
- 2019Enacted · Pub. L. 103-433 · 133 Stat. 702
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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