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16 U.S.C. § 460ffff–1Alabama Hills National Scenic Area, California

submitted 7 years ago by Pub. L. 103-433 to r/title-16-CONSERVATION · 1,078 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress created the 18,610-acre Alabama Hills National Scenic Area in Inyo County, California, to protect its scenic, cultural, and recreational value. The Secretary manages it as part of the National Landscape Conservation System, allowing existing recreation, grazing, filming, and utility access while limiting motorized vehicles to designated routes. The land is withdrawn from mining and mineral leasing, and the law creates no buffer zone around it.

(a) Establishment. Subject to existing valid rights, the law creates the Alabama Hills National Scenic Area in Inyo County, California, covering about 18,610 acres shown on the Map. (b) Purpose. The Scenic Area protects its nationally significant scenic, cultural, geological, educational, biological, historical, recreational, filming, and scientific resources, managed under a specific federal land-management law provision. (c) Map; legal descriptions. (1) As soon as practical after March 12, 2019, the Secretary must file a map and legal description with the Senate and House committees overseeing energy and natural resources. (2) These documents count as if written into the law, though the Secretary can fix clerical errors. (3) Copies must be available at Forest Service and Bureau of Land Management offices. (d) Administration. The Secretary manages the Scenic Area (1) as part of the National Landscape Conservation System, (2) without disrupting existing valid rights like water rights, (3) to protect the resources described in subsection (b), and (4) following the Federal Land Policy and Management Act, this subchapter, and other applicable laws. (e) Management. (1) The Secretary allows only uses that support the Scenic Area's purpose. (2) Existing recreation can continue — hiking, biking, rock climbing, sightseeing, horseback riding, hunting, fishing — plus allowed motor vehicle use. (3) Motor vehicles are allowed only on roads and trails the Secretary designates for a "semiprimitive motorized experience," or on county-maintained roads under state and county law — except for administrative or emergency use. (f) No buffer zones. (1) The law creates no protective buffer around the Scenic Area. (2) An outside activity that can be seen or heard from inside the Scenic Area doesn't get blocked because of that. (g) Access. The Secretary must give private landowners with property inside the Scenic Area reasonable access to it. (h) Filming. The law doesn't stop filming — including commercial films, student films, and photography — inside the Scenic Area, as long as it follows reasonable Secretary rules and other laws, and fits the area's purpose. (i) Fish and wildlife. The law doesn't change the state's authority over fish and wildlife. (j) Livestock. Grazing already happening under the Alabama Hills and George Creek allotments before March 12, 2019, can continue, subject to reasonable Secretary rules and other laws, and consistent with the area's purpose. (k) Withdrawal. Subject to this subchapter and existing valid rights, federal land in the Scenic Area is off-limits to new land claims, mining claims, and mineral or geothermal leasing. (l) Wildland fire operations. The law doesn't stop the Secretary from running wildland fire operations with other agencies, consistent with the area's purpose. (m) Cooperative agreements. The Secretary can partner with state, tribal, and local governments and private groups for research, education, or other work related to restoring, conserving, or managing the Scenic Area. (n) Utility facilities and rights-of-way. (1) The law doesn't affect existing utility facilities or rights-of-way in or near the Scenic Area — their use, upkeep, repair, expansion, or replacement — and doesn't affect access to them. It also doesn't stop the Secretary from approving new utility rights-of-way inside the Scenic Area, as long as they minimize harm to the area's purpose, follow environmental review law, meet Secretary conditions, and are the only workable location after considering alternatives. (2) The management plan must include rules for maintaining public utility and other rights-of-way in the Scenic Area.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

Subject to valid existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area, to be comprised of the approximately 18,610 acres generally depicted on the Map as “National Scenic Area”.

(b) Purpose

The purpose of the Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, geological, educational, biological, historical, recreational, cinematographic, and scientific resources of the Scenic Area managed consistent with section 302(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(a)).

(c) Map; legal descriptions
(1) In general

As soon as practicable after March 12, 2019, the Secretary shall file a map and a legal description of the Scenic Area with—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(2) Force of law

The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subchapter, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions.

(3) Public availability

Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.

(d) Administration

The Secretary shall manage the Scenic Area—

(1)

as a component of the National Landscape Conservation System;

(2)

so as not to impact the future continuing operation and maintenance of any activities associated with valid, existing rights, including water rights;

(3)

in a manner that conserves, protects, and enhances the resources and values of the Scenic Area described in subsection (b); and

(4)

in accordance with—

(A)

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

(B)

this subchapter; and

(C)

any other applicable laws.

(e) Management
(1) In general

The Secretary shall allow only such uses of the Scenic Area as the Secretary determines would further the purposes of the Scenic Area as described in subsection (b).

(2) Recreational activities

Except as otherwise provided in this subchapter or other applicable law, or as the Secretary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use in accordance with paragraph (3).

(3) Motorized vehicles

Except as otherwise specified in this subchapter, or as necessary for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Scenic Area shall be permitted only on—

(A)

roads and trails designated by the Secretary for use of motorized vehicles as part of a management plan sustaining a semiprimitive motorized experience; or

(B)

county-maintained roads in accordance with applicable State and county laws.

(f) No buffer zones
(1) In general

Nothing in this subchapter creates a protective perimeter or buffer zone around the Scenic Area.

(2) Activities outside Scenic Area

The fact that an activity or use on land outside the Scenic Area can be seen or heard within the Scenic Area shall not preclude the activity or use outside the boundaries of the Scenic Area.

(g) Access

The Secretary shall provide private landowners adequate access to inholdings in the Scenic Area.

(h) Filming

Nothing in this subchapter prohibits filming (including commercial film production, student filming, and still photography) within the Scenic Area—

(1)

subject to—

(A)

such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and

(B)

applicable law; and

(2)

in a manner consistent with the purposes described in subsection (b).

(i) Fish and wildlife

Nothing in this subchapter affects the jurisdiction or responsibilities of the State with respect to fish and wildlife.

(j) Livestock

The grazing of livestock in the Scenic Area, including grazing under the Alabama Hills allotment and the George Creek allotment, as established before March 12, 2019, shall be permitted to continue—

(1)

subject to—

(A)

such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and

(B)

applicable law; and

(2)

in a manner consistent with the purposes described in subsection (b).

(k) Withdrawal

Subject to the provisions of this subchapter and valid rights in existence on March 12, 2019, including rights established by prior withdrawals, the Federal land within the Scenic Area is withdrawn from all forms of—

(1)

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

(2)

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

(3)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(l) Wildland fire operations

Nothing in this subchapter prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Scenic Area, consistent with the purposes described in subsection (b).

(m) Cooperative agreements

The Secretary may enter into cooperative agreements with, State, Tribal, and local governmental entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the Scenic Area.

(n) Utility facilities and rights-of-way
(1) Effect of subchapter

Nothing in this subchapter—

(A)

affects the existence, use, operation, maintenance (including vegetation control), repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, funding, removal, or replacement of any utility facility or appurtenant right-of-way within or adjacent to the Scenic Area;

(B)

subject to subsection (e), affects necessary or efficient access to utility facilities or rights-of-way within or adjacent to the Scenic Area; and

(C)

precludes the Secretary from authorizing the establishment of new utility facility rights-of-way (including instream sites, routes, and areas) within the Scenic Area in a manner that minimizes harm to the purpose of the Scenic Area as described in subsection (b)—

(i)

in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other applicable law;

(ii)

subject to such terms and conditions as the Secretary determines to be appropriate; and

(iii)

that are determined by the Secretary to be the only technical or feasible location, following consideration of alternatives within existing rights-of-way or outside of the Scenic Area.

(2) Management plan

Consistent with this subchapter, the Management Plan shall establish provisions for maintenance of public utility and other rights-of-way within the Scenic Area.

Source credit: (Pub. L. 103–433, title XIV, § 1402, as added Pub. L. 116–9, title I, § 1441, Mar. 12, 2019, 133 Stat. 706.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 103-433 · 133 Stat. 706

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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