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16 U.S.C. § 460iiiiPistone-Black Mountain National Conservation Area

submitted 4 years ago by Pub. L. 117-263 to r/title-16-CONSERVATION · 922 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section establishes the Pistone-Black Mountain National Conservation Area, about 3,415 acres of public land in Mineral County, Nevada, to protect the Pistone archaeological site. The Bureau of Land Management manages it under federal land law, and must let the Walker River Paiute Tribe access and use its cultural resources while protecting them from disturbance. Within two years, the Secretary must write a management plan with public, tribal, state, and local input, including a cooperative agreement with the Tribe. Most 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 Pistone-Black Mountain National Conservation Area established by paragraph (2)(A). (B) "Secretary" means the Secretary of the Interior. (C) "Tribe" means the Walker River Paiute Tribe. (2) Establishment. (A) In general. To protect, conserve, and improve the unique and nationally important historic, cultural, archaeological, natural, and educational resources of the Pistone Site on Black Mountain, and subject to valid existing rights, this section establishes the Pistone-Black Mountain National Conservation Area in Mineral County, Nevada. (B) Area included. (i) The Conservation Area consists of about 3,415 acres of public land in Mineral County, Nevada, managed by the Bureau of Land Management, shown on a map titled "Black Mountain/Pistone Archaeological District," dated May 12, 2020. (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 — (i) to conserve, protect, and improve its resources and values, including those described in paragraph (2)(A); (ii) following this section, the Federal Land Policy and Management Act of 1976, and any other applicable law; and (iii) as part of the National Landscape Conservation System. (B) Uses. The Secretary may allow only uses of the Conservation Area that he decides will further its purposes. (C) Tribal cultural resources. In managing the Conservation Area, the Secretary must provide for (i) the Tribe's access to and use of cultural resources at the Conservation Area, and (ii) protecting the Tribe's cultural resources and burial sites there from disturbance. (D) Cooperative agreements. The Secretary may enter cooperative agreements with Nevada, affected tribes, and institutions and organizations to carry out this section — but the Tribe must be a party to any such agreement. (4) Management plan. (A) In general. Within 2 years after December 23, 2022, the Secretary must develop a management plan for the Conservation Area. (B) Consultation. While developing the plan, the Secretary must consult appropriate state, tribal, and local government bodies, and members of the public. (C) Requirements. The plan must: (i) describe appropriate uses and management of the Conservation Area; (ii) incorporate, as appropriate, decisions from any other management or activity plan for land in or next to the Conservation Area; (iii) consider information from studies of the land and resources in or next to the Conservation Area; and (iv) provide for a cooperative agreement with the Tribe addressing the Conservation Area's historical, archaeological, and cultural values. (5) 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. (6) 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. (7) 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. (8) 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. (9) 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. Nothing in this section is an express or implied reservation of any water rights for the Conservation Area.
the actual law source: uscode.house.gov ↗public domain
(1) Definitions

In this section:

(A) Conservation Area

The term “Conservation Area” means the Pistone-Black Mountain National Conservation Area established by paragraph (2)(A).

(B) Secretary

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

(C) Tribe

The term “Tribe” means the Walker River Paiute Tribe.

(2) Establishment
(A) In general

To protect, conserve, and enhance the unique and nationally important historic, cultural, archaeological, natural, and educational resources of the Pistone Site on Black Mountain, subject to valid existing rights, there is established in Mineral County, Nevada, the Pistone-Black Mountain National Conservation Area.

(B) Area included
(i) In general

The Conservation Area shall consist of the approximately 3,415 acres of public land in Mineral County, Nevada, administered by the Bureau of Land Management, as depicted on the map entitled “Black Mountain/Pistone Archaeological District” and dated May 12, 2020.

(ii) Availability of map

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.

(3) Management
(A) In general

The Secretary shall manage the Conservation Area—

(i)

in a manner that conserves, protects, and enhances the resources and values of the Conservation Area, including the resources and values described in paragraph (2)(A);

(ii)

in accordance with—

(I)

this section;

(II)

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

(III)

any other applicable law; and

(iii)

as a component of the National Landscape Conservation System.

(B) Uses

The Secretary shall allow only those uses of the Conservation Area that the Secretary determines would further the purposes of the Conservation Area.

(C) Tribal cultural resources

In administering the Conservation Area, the Secretary shall provide for—

(i)

access to and use of cultural resources by the Tribe at the Conservation Area; and

(ii)

the protection from disturbance of the cultural resources and burial sites of the Tribe located in the Conservation Area.

(D) Cooperative agreements

The Secretary may, in a manner consistent with this section, enter into cooperative agreements with the State of Nevada, affected Indian tribes, and institutions and organizations to carry out the purposes of this section, subject to the requirement that the Tribe shall be a party to any cooperative agreement entered into under this subparagraph.

(4) Management plan
(A) In general

Not later than 2 years after December 23, 2022, the Secretary shall develop a management plan for the Conservation Area.

(B) Consultation

In developing the management plan required under subparagraph (A), the Secretary shall consult with—

(i)

appropriate State, Tribal, and local governmental entities; and

(ii)

members of the public.

(C) Requirements

The management plan developed under subparagraph (A) shall—

(i)

describe the appropriate uses and management of the Conservation Area;

(ii)

incorporate, as appropriate, decisions contained in any other management or activity plan for the land in or adjacent to the Conservation Area;

(iii)

take into consideration any information developed in studies of the land and resources in or adjacent to the Conservation Area; and

(iv)

provide for a cooperative agreement with the Tribe to address the historical, archaeological, and cultural values of the Conservation Area.

(5) 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)

disposition 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, the parcel is withdrawn from operation of the laws referred to in subparagraph (A) on the date of acquisition of the parcel.

(6) Hunting, fishing, and trapping
(A) In general

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.

(B) Limitations
(i) Regulations

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.

(ii) Consultation required

Except in an emergency, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under clause (i).

(7) Grazing

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).

(8) 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 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.

(9) Military overflights

Nothing in this section restricts or precludes—

(A)

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

(B)

flight testing and evaluation; or

(C)

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

(10) Effect on water rights

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(b), Dec. 23, 2022, 136 Stat. 3037.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-263 · 136 Stat. 3037

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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