16 U.S.C. § 460iii–3 — Management and use

(a) In general. (1)(A) Within 1 year after August 4, 1993, the Secretary must revise the existing management plan for the conservation area as needed to match this subchapter, and by no later than January 1, 1996, must finalize a new management plan for the conservation area. (B) After that, the Secretary must review the plan at least once every 5 years and make whatever revisions are needed. (C) While reviewing and revising the plan, the Secretary must allow appropriate public participation. (2) Except as specifically allowed by section 460iii–2(d) of this title and by subsections (d), (e), and (f) of this section, the Secretary may allow only uses of land in the conservation area that he decides will further the purposes for which the conservation area is established. (b) Management guidance. After each review under subsection (a), the Secretary must make whatever revisions are needed so that the plan and its management program include provisions for: (1) protecting raptor populations and habitats and the scientific, cultural, and educational resources and values of the public lands in the conservation area; (2) identifying levels of continued military use of the Orchard Training Area compatible with paragraph (1); (3) public use of the conservation area consistent with this subchapter's purposes; (4) interpretive and educational opportunities for the public; (5) a program of continued scientific investigation and study, to support sound management, advance knowledge of raptor species and the conservation area's resources and values, and share that knowledge and management experience with other public lands; (6) vegetative enhancement and other measures needed to restore or improve prey habitat; (7) identifying the levels, types, timing, and terms and conditions for allowable nonmilitary uses that are compatible with protecting, maintaining, and improving raptor populations and habitats and the conservation area's other purposes; and (8) assessing whether it makes sense to charge fees for public uses (including recreational use) of conservation area land that are not currently subject to fees, with the money used to further the purposes for which the conservation area is established. (c) Visitors center. The Secretary, acting through the Director of the Bureau of Land Management, may establish — working with other public or private entities as he sees fit — a visitors center to explain the conservation area's history, its geological, ecological, natural, cultural, and other resources, and raptor biology and how raptors relate to people. (d) Visitors use of area. Besides the visitors center, the Secretary may allow public visits to the conservation area's public lands, to whatever extent and in whatever manner he considers consistent with protecting raptors and raptor habitat, public safety, and the conservation area's purposes. Where practical, the Secretary must make available to visitors and the public a map of the conservation area and other suitable educational and interpretive materials. (e) National Guard use of area. (1) Until the ongoing research on military use of conservation area lands is finished, or until 5 years after August 4, 1993, whichever comes first, the Secretary must permit continued military use of the Orchard Training Area portions of the conservation area, under the Memorandum of Understanding, to the extent consistent with the use levels identified under subsection (b)(2). (2) Once that research is finished, the Secretary must review the management plan and make whatever additional revisions are needed to meet this subchapter's requirements. (3) Once that research is finished, the Secretary must submit to the House Committees on Natural Resources and Merchant Marine and Fisheries, and the Senate Committee on Energy and Natural Resources, a report on the research results. (4) Nothing in this subchapter stops minor boundary adjustments to the Orchard Training Area, under the Memorandum of Understanding. (5) After the research is finished, or after 5 years from August 4, 1993, whichever comes first, the Secretary must keep permitting military use of those lands, unless the research leads the Secretary to decide that use is not compatible with the purposes set out in section 460iii–2(a)(2) of this title. After that point, any such use must follow the Memorandum of Understanding, which the Secretary may extend or renew as long as it still meets subsection (b)(2)'s requirements. (6) Following the Memorandum of Understanding, the Secretary must require the State of Idaho Military Division to make sure the military units involved keep up a program of decontamination. (7) This subchapter alone does not block extending or renewing the Memorandum of Understanding, or building improvements or buildings in the Orchard Training Area, as long as this subsection's requirements are met. (f) Livestock grazing. (1) As long as the Secretary decides domestic livestock grazing is compatible with the conservation area's purposes, he must permit that use of public lands within the conservation area, to the extent it is compatible with those purposes. He must decide on compatibility when he first revises the management plans, and at each later plan review required by subsection (a)(1)(B). (2) Any livestock grazing on public lands within the conservation area, and any activities the Secretary decides are needed for proper and practical grazing management programs (such as animal damage control activities), must be managed under the Taylor Grazing Act, section 1752 of title 43, other laws that apply to such use on public lands, and the conservation area's management plan. (g) Cooperative agreements. The Secretary may give technical assistance to, and enter into cooperative agreements and contracts with, the State of Idaho, local governments, and private entities, whenever he decides it is necessary or useful to carry out this subchapter's purposes and policies. (h) Agricultural practices. Nothing in this subchapter gives the Secretary authority to restrict recognized farming practices or other activities on private land next to or within the conservation area's boundary. (i) Hydroelectric facilities. No matter what this subchapter, or regulations and management plans made under it, say, the Federal Energy Regulatory Commission keeps its current authority over every aspect of the continued and future operation of hydroelectric facilities licensed or relicensed under the Federal Power Act within the conservation area's boundaries.