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16 U.S.C. § 460dddd–1Management of Recreation Area

submitted 7 years ago by Pub. L. 116-9 to r/title-16-CONSERVATION · 733 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells the Secretary how to manage the San Rafael Swell Recreation Area, including writing a management plan within five years and studying nonmotorized trails. It limits motorized vehicles and new roads, protects existing grazing, closes the land to new mining claims, and requires public education about Cold War and uranium mine sites.

(a) In general The Secretary must run the Recreation Area: (1) in a way that protects and improves the purposes it was created for; and (2) following this section, the Federal Land Policy and Management Act of 1976, and other applicable laws. (b) Uses The Secretary may only allow uses that fit the purposes the Recreation Area was created for. (c) Management Plan (1) In general Within 5 years of March 12, 2019, the Secretary had to write a comprehensive management plan for long-term protection and management. (2) Requirements The plan must: (A) describe the right uses and management of the area; (B) be written with extensive public input; (C) take into account information from studies of the land; and (D) fully match a settlement agreement from a January 13, 2017 federal court case in Utah — Southern Utah Wilderness Alliance, et al. v. U.S. Department of the Interior, et al. (d) Motorized vehicles; new roads (1) Except for emergencies or administrative needs, motorized vehicles may only use roads and routes the Management Plan designates. (2) No new permanent or temporary roads or motorized routes may be built after March 12, 2019. (3) Existing roads (A) Necessary maintenance or repairs to roads the Management Plan designates — including keeping them clear of debris or safety hazards — are allowed after March 12, 2019, as long as they follow this section's rules. (B) The Secretary can still reroute an existing road or trail to protect the area's resources or public safety, whenever the Secretary decides that is appropriate. (e) Grazing (1) Livestock grazing that existed before March 12, 2019, may continue, subject to reasonable rules the Secretary sets based on applicable law and the area's purposes. (2) Within 5 years of March 12, 2019, the Secretary, working with affected grazing permit holders, must inventory the facilities and improvements tied to grazing in the area. (f) Cold War sites The Secretary must manage the area in a way that teaches the public about Cold War and historic uranium mine sites there, following whatever terms the Secretary considers necessary to protect public health and safety. (g) Incorporation of acquired land and interests Any land inside the boundary that the United States acquires after March 12, 2019: (1) becomes part of the Recreation Area; and (2) is managed under applicable law, including this section. (h) Withdrawal Subject to valid existing rights, all federal land in the Recreation Area — including land acquired after March 12, 2019 — is closed off from: (1) entry, claiming, or disposal under public land laws; (2) mining claims and patents; and (3) mineral, mineral-materials, and geothermal leasing. (i) Study of nonmotorized recreation opportunities Within 2 years of March 12, 2019, the Secretary, working with interested parties, must study opportunities for nonmotorized recreation trails, including bicycle trails, consistent with the area's purposes. (j) Cooperative agreement The Secretary may make a cooperative agreement with the state, under section 307(b) of the Federal Land Policy and Management Act of 1976 and other applicable laws, to protect, manage, and maintain the Recreation Area.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary shall administer the Recreation Area—

(1)

in a manner that conserves, protects, and enhances the purposes for which the Recreation Area is established; and

(2)

in accordance with—

(A)

this section;

(B)

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

(C)

other applicable laws.

(b) Uses

The Secretary shall allow only uses of the Recreation Area that are consistent with the purposes for which the Recreation Area is established.

(c) Management Plan
(1) In general

Not later than 5 years after March 12, 2019, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Recreation Area.

(2) Requirements

The Management Plan shall—

(A)

describe the appropriate uses and management of the Recreation Area;

(B)

be developed with extensive public input;

(C)

take into consideration any information developed in studies of the land within the Recreation Area; and

(D)

be developed fully consistent with the settlement agreement entered into on January 13, 2017, in the case in the United States District Court for the District of Utah styled “Southern Utah Wilderness Alliance, et al. v. U.S. Department of the Interior, et al.” and numbered 2:12–cv–257 DAK.

(d) Motorized vehicles; new roads
(1) Motorized vehicles

Except as needed for emergency response or administrative purposes, the use of motorized vehicles in the Recreation Area shall be permitted only on roads and motorized routes designated in the Management Plan for the use of motorized vehicles.

(2) New roads

No new permanent or temporary roads or other motorized vehicle routes shall be constructed within the Recreation Area after March 12, 2019.

(3) Existing roads
(A) In general

Necessary maintenance or repairs to existing roads designated in the Management Plan for the use of motorized vehicles, including necessary repairs to keep existing roads free of debris or other safety hazards, shall be permitted after March 12, 2019, consistent with the requirements of this section.

(B) Effect

Nothing in this subsection prevents the Secretary from rerouting an existing road or trail to protect Recreation Area resources from degradation or to protect public safety, as determined to be appropriate by the Secretary.

(e) Grazing
(1) In general

The grazing of livestock in the Recreation Area, if 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—

(A)

applicable law (including regulations); and

(B)

the purposes of the Recreation Area.

(2) Inventory

Not later than 5 years after March 12, 2019, the Secretary, in collaboration with any affected grazing permittee, shall carry out an inventory of facilities and improvements associated with grazing activities in the Recreation Area.

(f) Cold War sites

The Secretary shall manage the Recreation Area in a manner that educates the public about Cold War and historic uranium mine sites in the Recreation Area, subject to such terms and conditions as the Secretary considers necessary to protect public health and safety.

(g) Incorporation of acquired land and interests

Any land or interest in land located within the boundary of the Recreation Area that is acquired by the United States after March 12, 2019, shall—

(1)

become part of the Recreation Area; and

(2)

be managed in accordance with applicable laws, including as provided in this section.

(h) Withdrawal

Subject to valid existing rights, all Federal land within the Recreation Area, including any land or interest in land that is acquired by the United States within the Recreation Area after March 12, 2019, is withdrawn from—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(i) Study of nonmotorized recreation opportunities

Not later than 2 years after March 12, 2019, the Secretary, in consultation with interested parties, shall conduct a study of nonmotorized recreation trail opportunities, including bicycle trails, within the Recreation Area, consistent with the purposes of the Recreation Area.

(j) Cooperative agreement

The Secretary may enter into a cooperative agreement with the State in accordance with section 307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)) and other applicable laws to provide for the protection, management, and maintenance of the Recreation Area.

Source credit: (Pub. L. 116–9, title I, § 1222, Mar. 12, 2019, 133 Stat. 668.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 116-9 · 133 Stat. 668

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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