16 U.S.C. § 460eeee — Vinagre Wash Special Management Area
submitted 7 years ago by Pub. L. 103-433 to r/title-16-CONSERVATION · 999 words · no verdicts yet
The Secretary established the Vinagre Wash Special Management Area on about 81,880 acres of public land in Imperial County, California. The law protects the area's plants, wildlife, and cultural resources while allowing hiking, camping, hunting, and limited motorized-vehicle use on designated routes. It withdraws the land from mining and energy development and requires a Tribal cultural resources survey.
(a) Definitions. "Management Area" means the Vinagre Wash Special Management Area created by subsection (b). "Map" means the December 4, 2018 map showing the proposed area and wilderness. "Public land" has the meaning given in the Federal Land Policy and Management Act. "State" means California.
(b) Establishment. The law creates the Vinagre Wash Special Management Area in California, run by the Secretary.
(c) Purpose. The Management Area exists to conserve, protect, and improve (1) its plants and wildlife, and (2) its outstanding ecological, geological, scenic, recreational, archaeological, cultural, and historic resources.
(d) Boundaries. The Management Area covers about 81,880 acres of public land in Imperial County, California, generally shown on the map.
(e) Map; legal description. (1) Within three years of March 12, 2019, the Secretary must send a map and legal description to the House Natural Resources Committee and the Senate Energy and Natural Resources Committee. (2) That map and description count as if written into the law itself, though the Secretary can fix errors in them. (3) Copies must be available for public viewing at Bureau of Land Management offices.
(f) Management. (1) The Secretary must manage the area to protect its purposes, following this section, the Federal Land Policy and Management Act, and other laws. (2) The Secretary may allow only uses that fit the area's purpose — hiking, camping, hunting, sightseeing, and motor vehicles, mountain bikes, and horses on designated routes — while protecting public health and safety and following other laws, including the Desert Renewable Energy Conservation Plan. (3) Off-highway vehicles: (A) They're allowed on routes shown on the map. (B) The Secretary can close or reroute a route to fix resource damage, protect Tribal cultural resources, address safety, or follow other legal requirements. (C) For three years starting March 12, 2019, the Secretary must accept public petitions for new off-highway routes and may approve routes that offer unique recreation value and fit the area's purpose. (4) Withdrawal: subject to existing valid rights, all federal land in the area is off-limits to new land claims, mining claims, and rights-of-way for minerals or solar, wind, and geothermal energy. (5) No buffer zone: creating the Management Area doesn't set up a protective buffer around it, and doesn't block otherwise-legal activities outside the area — even if those activities are banned inside it. (6) Notice of routes: the Secretary must make sure visitors know which routes are open, through signage, maps and safety materials, and restoring closed routes (including "vertical mulching"). (7) Stewardship: the Secretary, working with Indian Tribes and others, must create a volunteer stewardship program covering route signs, restoring closed routes, protecting resources, and recreation education. (8) Tribal cultural resources: within two years of March 12, 2019, the Secretary must complete a Tribal cultural resources survey and consult with the Quechan Indian Nation and other tribes with ties to the area. (9) Military use: the Secretary may let the Navy use the non-wilderness part of the area for Naval Special Warfare training — including long-range navigation, vehicle concealment, and vehicle training — as long as it fits this section and other laws.
In this section:
The term “Management Area” means the Vinagre Wash Special Management Area established by subsection (b).
The term “map” means the map entitled “Proposed Vinagre Wash Special Management Area and Proposed Wilderness” and dated December 4, 2018.
The term “public land” has the meaning given the term “public lands” in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).
The term “State” means the State of California.
There is established the Vinagre Wash Special Management Area in the State, to be managed by the Secretary.
The purpose of the Management Area is to conserve, protect, and enhance—
the plant and wildlife values of the Management Area; and
the outstanding and nationally significant ecological, geological, scenic, recreational, archaeological, cultural, historic, and other resources of the Management Area.
The Management Area shall consist of the public land in Imperial County, California, comprising approximately 81,880 acres, as generally depicted on the map as “Proposed Special Management Area”.
As soon as practicable, but not later than 3 years, after March 12, 2019, the Secretary shall submit a map and legal description of the Management Area to—
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 description submitted under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any errors in the map and legal description.
Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
The Secretary shall manage the Management Area—
in a manner that conserves, protects, and enhances the purposes for which the Management Area is established; and
in accordance with—
this section;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
other applicable laws.
The Secretary shall allow only those uses that are consistent with the purposes of the Management Area, including hiking, camping, hunting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated routes in the Management Area in a manner that—
is consistent with the purpose of the Management Area described in subsection (c);
ensures public health and safety; and
is consistent with all applicable laws (including regulations), including the Desert Renewable Energy Conservation Plan.
Subject to subparagraphs (B) and (C) and all other applicable laws, the use of off-highway vehicles shall be permitted on routes in the Management Area as generally depicted on the map.
The Secretary may close or permanently reroute a portion of a route described in subparagraph (A)—
to prevent, or allow for restoration of, resource damage;
to protect Tribal cultural resources, including the resources identified in the Tribal cultural resources management plan developed under section 410aaa–75(d) of this title;
to address public safety concerns; or
as otherwise required by law.
During the 3-year period beginning on March 12, 2019, the Secretary—
shall accept petitions from the public regarding additional routes for off-highway vehicles; and
may designate additional routes that the Secretary determines—
would provide significant or unique recreational opportunities; and
are consistent with the purposes of the Management Area.
Subject to valid existing rights, all Federal land within the Management Area 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—
minerals and mineral materials; or
solar, wind, and geothermal energy.
The establishment of the Management Area shall not—
create a protective perimeter or buffer zone around the Management Area; or
preclude uses or activities outside the Management Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Management Area.
The Secretary shall ensure that visitors to the Management Area have access to adequate notice relating to the availability of designated routes in the Management Area through—
the placement of appropriate signage along the designated routes;
the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate; and
restoration of areas that are not designated as open routes, including vertical mulching.
The Secretary, in consultation with Indian Tribes and other interests, shall develop a program to provide opportunities for monitoring and stewardship of the Management Area to minimize environmental impacts and prevent resource damage from recreational use, including volunteer assistance with—
route signage;
restoration of closed routes;
protection of Management Area resources; and
recreation education.
Not later than 2 years after March 12, 2019, the Secretary, in accordance with chapter 2003 of title 54 and any other applicable law, shall—
prepare and complete a Tribal cultural resources survey of the Management Area; and
consult with the Quechan Indian Nation and other Indian Tribes demonstrating ancestral, cultural, or other ties to the resources within the Management Area on the development and implementation of the Tribal cultural resources survey under subparagraph (A).
The Secretary may authorize use of the non-wilderness portion of the Management Area by the Secretary of the Navy for Naval Special Warfare Tactical Training, including long-range small unit training and navigation, vehicle concealment, and vehicle sustainment training, consistent with this section and other applicable laws.
Source credit: (Pub. L. 103–433, title I, § 109, as added Pub. L. 116–9, title I, § 1421, Mar. 12, 2019, 133 Stat. 696.)
- 2019Enacted · Pub. L. 103-433 · 133 Stat. 696
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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