16 U.S.C. § 460hhhh — Numunaa Nobe National Conservation Area
submitted 4 years ago by Pub. L. 117-263 to r/title-16-CONSERVATION · 901 words · no verdicts yet
This section establishes the Numunaa Nobe National Conservation Area, about 160,224 acres of public land in Churchill County, Nevada. The Secretary of the Interior must manage it to protect its natural, cultural, and scenic resources. Within two years, the Secretary must write a management plan, developed with public and tribal input. Motor vehicles may only use designated roads and trails, with exceptions for administration, certain military activity, and emergencies. All public land there is closed to mining and mineral leasing. Nevada keeps its authority over hunting, fishing, and trapping, and existing grazing may continue.
(1) Definitions. In this section: (A) "Conservation Area" means the Numunaa Nobe National Conservation Area established by paragraph (2). (B) "Management plan" means the management plan for the Conservation Area developed under paragraph (3)(B). (C) "Secretary" means the Secretary of the Interior.
(2) Establishment. (A) In general. To conserve, protect, and improve the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, recreational, and scenic resources of the Conservation Area, for people now and in the future, and subject to valid existing rights, this section establishes the Numunaa Nobe National Conservation Area in Nevada, to be managed by the Secretary. (B) Area included. (i) The Conservation Area consists of about 160,224 acres of public land in Churchill County, Nevada, shown on a map titled "Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill," dated November 30, 2022. (ii) That map is kept on file and open to the public at Bureau of Land Management offices.
(3) Management. (A) In general. The Secretary must manage the Conservation Area to conserve, protect, and improve its resources — (i) following this section, the Federal Land Policy and Management Act of 1976, and any other applicable law; and (ii) as part of the National Landscape Conservation System. (B) Management plan. (i) Within 2 years after December 23, 2022, the Secretary must develop a management plan for the Conservation Area. (ii) While developing it, the Secretary must consult appropriate federal, state, tribal, and local government bodies, and members of the public. (iii) The plan must describe appropriate uses of the Conservation Area; must, following paragraph (5), allow motor vehicle use where appropriate, including to maintain existing roads; and must include any part of an applicable land and resource management plan the Secretary thinks fits, including the 1998 Search and Rescue Training Cooperative Agreement between the Bureau of Land Management and the Naval Strike and Air Warfare Training Center, and the 2012 Carson City District BLM Administrative Guide to Military Activities on and Over the Public Lands.
(4) Uses. The Secretary may allow only uses of the Conservation Area that he decides will further its purposes.
(5) Motorized vehicles. Except when needed for administration, for planned military activities authorized under paragraph (3)(B)(iii)(III), or to respond to an emergency, motor vehicles may only be used in the Conservation Area on roads and trails the management plan designates for that use.
(6) Withdrawal. (A) In general. Subject to valid existing rights, all public land in the Conservation Area is withdrawn from: (i) all forms of entry, appropriation, and disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposal under all laws relating to mineral and geothermal leasing or mineral materials. (B) Additional land. If the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after December 23, 2022, that parcel is withdrawn the same way, starting on the date it is acquired.
(7) Hunting, fishing, and trapping. (A) In general. Subject to (B), nothing in this section affects Nevada's authority over fish and wildlife, including hunting, fishing, and trapping in the Conservation Area. (B) Limitations. (i) The Secretary may make regulations closing certain areas or times to hunting, fishing, or trapping, for reasons of public safety, administration, or to comply with other laws. (ii) Except in an emergency, he must first consult the appropriate state agency and notify the public before doing so.
(8) Grazing. Where the Secretary had already permitted livestock grazing, as of December 23, 2022, on land now included in the Conservation Area, that grazing may continue, subject to applicable laws, including regulations.
(9) No buffer zones. (A) In general. Nothing in this section creates a protective perimeter or buffer zone around the Conservation Area. (B) Activities outside Conservation Area. The fact that an activity or use outside the Conservation Area can be seen or heard from inside it does not stop that outside activity or use from happening.
(10) Military overflights. Nothing in this section restricts or blocks: (A) low-level overflights of military aircraft over the Conservation Area, including ones that can be seen or heard from inside it; (B) flight testing and evaluation; or (C) creating new special-use airspace, or establishing military flight training routes, over the Conservation Area.
(10) Effect on water rights. [Note: the source law numbers this paragraph "(10)" a second time.] Nothing in this section is an express or implied reservation of any water rights for the Conservation Area.
In this section:
The term “Conservation Area” means the Numunaa Nobe National Conservation Area established by paragraph (2).
The term “management plan” means the management plan for the Conservation Area developed under paragraph (3)(B).
The term “Secretary” means the Secretary of the Interior.
To conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, recreational, and scenic resources of the Conservation Area, subject to valid existing rights, there is established the Numunaa Nobe National Conservation Area in the State of Nevada, to be administered by the Secretary.
The Conservation Area shall consist of approximately 160,224 acres of public land in Churchill County, Nevada, as generally depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022.
The map described in clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
The Secretary shall administer the Conservation Area in a manner that conserves, protects, and enhances the resources of the Conservation Area—
in accordance with—
this section;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable law; and
as a component of the National Landscape Conservation System.
Not later than 2 years after December 23, 2022, the Secretary shall develop a management plan for the Conservation Area.
In developing the management plan, the Secretary shall consult with—
appropriate Federal, State, Tribal, and local governmental entities; and
members of the public.
The management plan shall—
describe the appropriate uses of the Conservation Area;
in accordance with paragraph (5), authorize the use of motor vehicles in the Conservation Area, where appropriate, including for the maintenance of existing roads; and
incorporate any provision of an applicable land and resource management plan that the Secretary considers to be appropriate, to include the Search and Rescue Training Cooperative Agreement between the Bureau of Land Management and the Naval Strike and Air Warfare Training Center dated July 6, 1998, and the Carson City District BLM Administrative Guide to Military Activities on and Over the Public Lands dated January 25, 2012.
The Secretary shall allow only those uses of the Conservation Area that the Secretary determines would further the purposes of the Conservation Area.
Except as needed for administrative purposes, planned military activities authorized by paragraph (3)(B)(iii)(III), or to respond to an emergency, the use of motorized vehicles in the Conservation Area shall be permitted only on roads and trails designated for the use of motorized vehicles by the management plan.
Subject to valid existing rights, all public land in the Conservation Area is withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
If the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after December 23, 2022, the parcel is withdrawn from operation of the laws referred to in subparagraph (A) on the date of acquisition of the parcel.
Subject to subparagraph (B), nothing in this section affects the jurisdiction of the State of Nevada with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area.
The Secretary may designate by regulation areas in which, and establish periods during which, no hunting, fishing, or trapping will be permitted in the Conservation Area, for reasons of public safety, administration, or compliance with applicable laws.
Except in an emergency, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under clause (i).
In the case of land included in the Conservation Area on which the Secretary permitted, as of December 23, 2022, livestock grazing, the livestock grazing shall be allowed to continue, subject to applicable laws (including regulations).
Nothing in this section creates a protective perimeter or buffer zone around the Conservation Area.
The fact that an activity or use on land outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area.
Nothing in this section restricts or precludes—
low-level overflights of military aircraft over the Conservation Area, including military overflights that can be seen or heard within the Conservation Area;
flight testing and evaluation; or
the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Conservation Area.
Nothing in this section constitutes an express or implied reservation of any water rights with respect to the Conservation Area.
Source credit: (Pub. L. 117–263, div. B, title XXIX, § 2903(a), Dec. 23, 2022, 136 Stat. 3034.)
- 2022Enacted · Pub. L. 117-263 · 136 Stat. 3034
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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