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16 U.S.C. § 460ccccJohn Wesley Powell National Conservation Area

submitted 7 years ago by Pub. L. 116-9 to r/title-16-CONSERVATION · 1,329 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates the John Wesley Powell National Conservation Area in Utah, covering about 29,868 acres, to protect its historic, natural, and recreational resources. The Secretary of the Interior must write a management plan and follows detailed rules on vehicles, grazing, water rights, mining, fees, and land acquisition. Existing water rights, non-federal land, and Utah's fish and wildlife authority are all protected.

(a) Definitions (1) "Map" means the Bureau of Land Management map called "Proposed John Wesley Powell National Conservation Area," dated December 10, 2018. (2) "National Conservation Area" means the area set up in subsection (b)(1). (b) Establishment (1) Subject to valid existing rights, this section creates the John Wesley Powell National Conservation Area in Utah. (2) The Conservation Area covers about 29,868 acres of public land run by the Bureau of Land Management, shown on the Map. (c) Purposes The Conservation Area exists to protect and improve its historic, cultural, natural, scientific, scenic, recreational, archaeological, educational, and wildlife resources, for people now and in the future. (d) Map and legal description (1) As soon as possible after March 12, 2019, the Secretary must file a map and legal description with the Senate and House committees that handle these matters. (2) That map and description count as if written into this law, except the Secretary can fix small errors in them. (3) A copy must be available for the public to look at, at Bureau of Land Management offices. (e) Management The Secretary must manage the Conservation Area: (1) to protect and improve its resources; (2) following the Federal Land Policy and Management Act of 1976, this section, and any other applicable law; and (3) as part of the National Landscape Conservation System. (4) Management plan: Within 2 years of March 12, 2019, the Secretary must write a management plan. The Secretary must write it working with the State of Utah, Uintah County, and affected Indian Tribes, and after taking public input. (f) Uses The Secretary may only allow uses that further the purposes for which the Conservation Area was set up. (g) Acquisition (1) The Secretary may acquire land or land interests inside the Conservation Area by buying from a willing seller, by donation, or by exchange. (2) Any land inside the boundary that the United States acquires after March 12, 2019, becomes part of the Conservation Area. (3) If the Utah School and Institutional Trust Lands Administration asks, the Secretary must try to acquire all state-owned land inside the boundary — by exchange or purchase — within 5 years if practical, as long as money is available. (h) Motorized vehicles (1) Except for administrative or emergency use, motorized vehicles may only be used on roads the management plan designates. (2) Until the management plan is finished, motorized vehicle use follows the existing Bureau of Land Management resource management plan. (i) Grazing Livestock grazing that existed before March 12, 2019, may continue. The Secretary can set reasonable rules for it, based on applicable law, the Conservation Area's purposes, and guidelines in a specific 1990 House committee report (Appendix A of House Report 101–405). (j) Fish and wildlife This section does not change Utah's authority to manage fish and wildlife on federal land in the state. (k) Wildlife water projects The Secretary, working with Utah, may approve wildlife water projects, including "guzzlers" (small water catchments for wildlife), in the Conservation Area. (l) Greater sage-grouse conservation projects This section does not limit the Secretary's power to run Greater sage-grouse conservation projects — including managing vegetation by mechanical means — to support the Conservation Area's purposes. (m) Water rights This section does not: (1) create any U.S. claim to water rights in the Conservation Area; (2) change any water rights in Utah; (3) change the use of water rights that existed on March 12, 2019; (4) change any water right that was legally established by that date, including ones the U.S. holds; (5) change any interstate water agreement in effect on that date; or (6) reduce any water rights the U.S. already held in Utah before that date. (n) No buffer zones (1) This section does not create a protective buffer zone around the Conservation Area. (2) An activity outside the Conservation Area is still allowed even if it can be seen or heard from inside it. (o) Withdrawal (1) Subject to valid existing rights, all federal land in the Conservation Area (including land acquired later) is closed off from: (A) entry, claiming, or disposal under public land laws; (B) mining claims and patents; and (C) mineral, mineral-materials, and geothermal leasing. (p) Vegetation management The Secretary may still run vegetation management projects, including reducing wildfire fuel, if they fit this section and its purposes. (q) Wildland fire operations The Secretary may still run wildfire prevention and restoration work, in consultation with other agencies, consistent with this section's purposes. (r) Recreation fees Except for improved campgrounds, the Secretary may not charge entrance or use fees in the Conservation Area. (s) Outfitting and guide activities Commercial outfitting and guide services are allowed, following this section and other applicable law. (t) Non-Federal land (1) This section does not affect non-federal land or interests inside the Conservation Area. (2) The Secretary must give reasonable access to non-federal land inside the Conservation Area. (u) Research and interpretive management The Secretary may set up scientific, historical, cultural, archeological, and natural-study programs, including through public-private partnerships, to support the Conservation Area's purposes.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Map

The term “Map” means the Bureau of Land Management map entitled “Proposed John Wesley Powell National Conservation Area” and dated December 10, 2018.

(2) National Conservation Area

The term “National Conservation Area” means the John Wesley Powell National Conservation Area established by subsection (b)(1).

(b) Establishment
(1) In general

Subject to valid existing rights, there is established the John Wesley Powell National Conservation Area in the State of Utah.

(2) Area included

The National Conservation Area shall consist of approximately 29,868 acres of public land administered by the Bureau of Land Management as generally depicted on the Map.

(c) Purposes

The purposes of the National Conservation Area are to conserve, protect, and enhance for the benefit of present and future generations the nationally significant historic, cultural, natural, scientific, scenic, recreational, archaeological, educational, and wildlife resources of the National Conservation Area.

(d) Map and legal description
(1) In general

As soon as practicable after March 12, 2019, the Secretary shall prepare and file a map and legal description of the National Conservation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.

(2) Effect

The map and legal description prepared under paragraph (1) 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) Availability

A copy 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.

(e) Management

The Secretary shall manage the National Conservation Area—

(1)

in a manner that conserves, protects, and enhances the resources of the National Conservation Area;

(2)

in accordance with—

(A)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(B)

this section; and

(C)

any other applicable law; and

(3)

as a component of the National Landscape Conservation System.

(4)Management plan
(A)In general.—

Not later than 2 years after March 12, 2019, the Secretary shall develop a management plan for the National Conservation Area.

(B)Consultation.—

The Secretary shall prepare the management plan—

(i)

in consultation and coordination with the State of Utah, Uintah County, and affected Indian Tribes; and

(ii)

after providing for public input.

(f) Uses

The Secretary shall only allow such uses of the National Conservation Area as the Secretary determines would further the purposes for which the National Conservation is established.

(g) Acquisition
(1) In general

The Secretary may acquire land or interests in land within the boundaries of the National Conservation Area by purchase from a willing seller, donation, or exchange.

(2) Incorporation in National Conservation Area

Any land or interest in land located inside the boundary of the National Conservation Area that is acquired by the United States after March 12, 2019, shall be added to and administered as part of the National Conservation Area.

(3) State land

On request of the Utah School and Institutional Trust Lands Administration and, if practicable, not later than 5 years after March 12, 2019, the Secretary shall seek to acquire all State-owned land within the boundaries of the National Conservation Area by exchange or purchase, subject to the appropriation of necessary funds.

(h) Motorized vehicles
(1) In general

Subject to paragraph (2), except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated in the management plan.

(2) Use of motorized vehicles prior to completion of management plan

Prior to completion of the management plan, the use of motorized vehicles within the National Conservation Area shall be permitted in accordance with the applicable Bureau of Land Management resource management plan.

(i) Grazing

The grazing of livestock in the National Conservation Area, where established before March 12, 2019, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—

(1)

applicable law (including regulations);

(2)

the purposes of the National Conservation Area; and

(3)

the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405).

(j) Fish and wildlife

Nothing in this section affects the jurisdiction of the State of Utah with respect to the management of fish and wildlife on Federal land in the State.

(k) Wildlife water projects

The Secretary, in consultation with the State of Utah, may authorize wildlife water projects (including guzzlers) within the National Conservation Area.

(l) Greater sage-grouse conservation projects

Nothing in this section affects the authority of the Secretary to undertake Greater sage-grouse (Centrocercus urophasianus) conservation projects to maintain and improve Greater sage-grouse habitat, including the management of vegetation through mechanical means, to further the purposes of the National Conservation Area.

(m) Water rights

Nothing in this section—

(1)

constitutes an express or implied reservation by the United States of any water rights with respect to the National Conservation Area;

(2)

affects any water rights in the State;

(3)

affects the use or allocation, in existence on March 12, 2019, of any water, water right, or interest in water;

(4)

affects any vested absolute or decreed conditional water right in existence on March 12, 2019, including any water right held by the United States;

(5)

affects any interstate water compact in existence on March 12, 2019; or

(6)

shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before March 12, 2019.

(n) No buffer zones
(1) In general

Nothing in this section creates a protective perimeter or buffer zone around the National Conservation Area.

(2) Activities outside National Conservation Area

The fact that an authorized activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the Area.

(o) Withdrawal
(1) In general

Subject to valid existing rights, all Federal land in the National Conservation Area (including any land acquired after March 12, 2019) is withdrawn from—

(A)

all forms of entry, appropriation, and disposal 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.

(p) Vegetation management

Nothing in this section prevents the Secretary from conducting vegetation management projects, including fuels reduction activities, within the National Conservation Area that are consistent with this section and that further the purposes of the National Conservation Area.

(q) Wildland fire operations

Nothing in this section prohibits the Secretary, in consultation with other Federal, State, local, and Tribal agencies, as appropriate, from conducting wildland fire prevention and restoration operations in the National Conservation Area, consistent with the purposes of this section.

(r) Recreation fees

Except for improved campgrounds, the Secretary is prohibited from collecting recreation entrance or use fees within the National Conservation Area.

(s) Outfitting and guide activities

Outfitting and guide services within the National Conservation Area, including commercial outfitting and guide services, are authorized in accordance with this section and other applicable law (including regulations).

(t) Non-Federal land
(1) In general

Nothing in this section affects non-Federal land or interests in non-Federal land within the National Conservation Area.

(2) Reasonable access

The Secretary shall provide reasonable access to non-Federal land or interests in non-Federal land within the National Conservation Area.

(u) Research and interpretive management

The Secretary may establish programs and projects for the conduct of scientific, historical, cultural, archeological, and natural studies through the use of public and private partnerships that further the purposes of the National Conservation Area.

Source credit: (Pub. L. 116–9, title I, § 1118, Mar. 12, 2019, 133 Stat. 627.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 116-9 · 133 Stat. 627

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-9 on 2019-03-12.

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