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16 U.S.C. § 460ggggNumu Newe Special Management Area

submitted 4 years ago by Pub. L. 117-263 to r/title-16-CONSERVATION · 532 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior established the Numu Newe Special Management Area on about 209,181 acres in Churchill and Mineral Counties, Nevada, to protect the Numu Newe traditional homeland's historic and cultural resources. Within two years, the Secretary must write a management plan, consulting tribes and the public, covering allowed uses, motor vehicles, cultural site protection, and hunting and fishing access. The law doesn't restrict military overflights above the area.

(a) Definitions. "Management plan" means the plan for the area developed under subsection (d). "Secretary" means the Secretary of the Interior. "Special Management Area" means the Numu Newe Special Management Area created by subsection (b). (b) Establishment. Subject to existing valid rights, the law creates the Numu Newe Special Management Area in Churchill and Mineral Counties, Nevada, run by the Secretary, to protect the historic, cultural, archaeological, natural, and educational resources of the Numu Newe traditional homeland. (c) Area included. The area covers about 209,181 acres of public land in those counties, managed by the Bureau of Land Management, shown on a November 2022 map. (d) Management plan. (1) Within two years of December 23, 2022, the Secretary must create a comprehensive long-term management plan. (2) The Secretary must consult federal, tribal, state, and local governments and the public. (3) The plan must: (A) describe allowed uses; (B) for land withdrawn for military use, keep management consistent with the purposes of that military land withdrawal; (C) allow motor vehicle use where appropriate, including road maintenance; (D) fold in relevant provisions from existing land-management plans; (E) protect traditional cultural and religious sites as much as practical; (F) fully incorporate the traditional knowledge of the Fallon Paiute Shoshone Tribe and other affected tribes; (G) ensure public access for hunting, fishing, and other recreation, consistent with (D); (H) not affect existing water rights or other valid rights as of December 23, 2022; and (I) get reviewed by the Secretary at least once a year to check it's meeting these requirements. (e) Military overflights. The law doesn't restrict or block (1) low-level military aircraft overflights, even ones that can be seen or heard from the area, (2) flight testing and evaluation, or (3) new special-use airspace or military flight training routes over the area.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Management plan

The term “management plan” means the management plan for the Special Management Area developed under subsection (d).

(2) Secretary

The term “Secretary” means the Secretary of the Interior.

(3) Special Management Area

The term “Special Management Area” means the Numu Newe Special Management Area established by subsection (b).

(b) Establishment

To protect, conserve, and enhance the unique and nationally important historic, cultural, archaeological, natural, and educational resources of the Numu Newe traditional homeland, subject to valid existing rights, there is established in Churchill and Mineral Counties, Nevada, the Numu Newe Special Management Area, to be administered by the Secretary.

(c) Area included

The Special Management Area shall consist of the approximately 209,181 acres of public land in Churchill and Mineral Counties, Nevada, administered by the Bureau of Land Management, as depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022.

(d) Management plan
(1) In general

Not later than 2 years after December 23, 2022, the Secretary shall develop a comprehensive management plan for the long-term management of the Special Management Area.

(2) Consultation

In developing and implementing the management plan, the Secretary shall consult with—

(A)

appropriate Federal, Tribal, State, and local governmental entities; and

(B)

interested members of the public.

(3) Requirements

The management plan shall—

(A)

describe the appropriate uses of the Special Management Area;

(B)

with respect to any land within the Special Management Area that is withdrawn and reserved for military uses, ensure that management of the Special Management Area is consistent with the purposes under section 2981(c)(2) of the Military Land Withdrawals Act of 2013 (as added by section 2901 of this title) for which the land is withdrawn and reserved;

(C)

authorize the use of motor vehicles in the Special Management Area, where appropriate, including providing for the maintenance of existing roads;

(D)

incorporate any provision of an applicable land and resource management plan that the Secretary considers to be appropriate;

(E)

ensure, to the maximum extent practicable, the protection and preservation of traditional cultural and religious sites within the Special Management Area;

(F)

to the maximum extent practicable, carefully and fully integrate the traditional and historical knowledge and special expertise of the Fallon Paiute Shoshone Tribe and other affected Indian tribes;

(G)

consistent with subparagraph (D), ensure public access to Federal land within the Special Management Area for hunting, fishing, and other recreational purposes;

(H)

not affect the allocation, ownership, interest, or control, as in existence on December 23, 2022, of any water, water right, or any other valid existing right; and

(I)

be reviewed not less frequently than annually by the Secretary to ensure the management plan is meeting the requirements of this section.

(e) Military overflights

Nothing in this section restricts or precludes—

(1)

low-level overflights of military aircraft over the Special Management Area, including military overflights that can be seen or heard within the Special Management Area;

(2)

flight testing and evaluation; or

(3)

the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Special Management Area.

Source credit: (Pub. L. 117–263, div. B, title XXIX, § 2902, Dec. 23, 2022, 136 Stat. 3033; Pub. L. 118–31, div. B, title XXVIII, § 2883(a), Dec. 22, 2023, 137 Stat. 782.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-263 · 136 Stat. 3033
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 782

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-263 on 2022-12-23.

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