16 U.S.C. § 460mmm–4 — Management
submitted 26 years ago by Pub. L. 106-353 to r/title-16-CONSERVATION · 1,777 words · no verdicts yet
This law sets management rules for the McInnis Canyons Conservation Area and Wilderness. It restricts mining, off-road vehicles, and new water projects there. It also requires a management plan and protects existing water and grazing rights.
(a) Conservation Area*: The Secretary* must manage the Conservation Area to (1) conserve, protect, and enhance its resources listed in section 460mmm(b), and (2) follow the Federal Land Policy and Management Act of 1976 and other applicable law, including this subchapter.
(b) Uses: The Secretary may only allow uses that further the purposes for which the Conservation Area was created.
(c) Withdrawals: Subject to existing valid rights, all federal land in the Conservation Area and Wilderness* — and any land later acquired for them — is withdrawn from (1) the usual public land laws that let people claim or dispose of land, (2) mining-law claims and patents, and (3) mineral leasing, mineral materials, and geothermal leasing laws. This does not limit the Secretary's separate power to grant rights-of-way or other land-use permits consistent with this subchapter.
(d) Off-highway vehicle use: (1) Motor vehicles may only be used on roads and trails designated for that purpose — under the management plan* in place on October 24, 2000, until a new plan takes effect under subsection (h), and then under that new plan. (2) This does not limit motor-vehicle use needed for administration or emergencies.
(e) Wilderness: Subject to existing valid rights, the Secretary manages designated wilderness land under the Wilderness Act and this subchapter — except that any reference in the Wilderness Act to its own "effective date" instead means October 24, 2000.
(f) Hunting, trapping, and fishing: (1) These activities are allowed in the Conservation Area and Wilderness, under applicable U.S., Colorado, and Utah law. (2) Colorado's or Utah's wildlife agency (for land in their state), or the Secretary after consulting them, may set zones and time periods where hunting, trapping, or fishing is banned, for public safety, administration, or public enjoyment.
(g) Grazing: (1) Except as noted below, the Secretary issues and manages grazing leases and permits in the Conservation Area and Wilderness the same way as on other Bureau of Land Management land. (2) But grazing inside the Wilderness itself follows the Wilderness Act's special grazing rule (section 4(d)(4)), guided by Appendix A of a specific 1990 House committee report.
(h) Management plan: (1) Within 3 years of October 24, 2000, the Secretary must write a full management plan for the Conservation Area, the Wilderness, and the land described in paragraph (2)(E). (2) That plan must (A) describe appropriate uses and management; (B) consider any relevant studies already done; (C) keep managing the utility corridor, the Black Ridge Communications Site, and the FAA site for those same purposes; (D) consider the local community's history with the area and a 1998 joint resource plan; and (E) include all public land between the Conservation Area's boundary and the edge of the Colorado River, where only uses consistent with this subchapter are allowed.
(i) No buffer zones: Congress does not intend creating the Conservation Area or Wilderness to create a protective buffer zone around them. Activities allowed just outside the boundary aren't blocked just because they wouldn't be allowed inside — as long as they follow other applicable laws.
(j) Acquisition of land: (1) The Secretary may only acquire non-federal land inside these boundaries from a willing seller, by exchange, or by donation. (2) Acquired land is managed as part of the Conservation Area or Wilderness under this subchapter.
(k) Interpretive facilities or sites: The Secretary may build minimal interpretive facilities with other public or private partners, designed to protect the resources listed in section 460mmm(b).
(l) Water rights: (1) Congress finds that the wilderness land sits at the headwaters of its streams, with few water facilities upstream and few chances that outside water use would hurt the wilderness; that this land generally isn't suited for new or bigger water facilities; and that its wilderness values can be protected differently than in other wilderness laws. (2) So: (A) nothing here reserves any water right for this land; (B) nothing here affects existing Colorado water rights as of October 24, 2000; (C) this does not set a precedent for future wilderness or conservation-area laws; and (D) nothing here changes any interstate water compact or court decree dividing water between Colorado and other states. (3) To get any new water right for the Conservation Area or Wilderness, the Secretary must follow Colorado's own water law procedures. (4) New water projects: (A) "Water resource facility" means things like irrigation systems, reservoirs, aqueducts, canals, pipelines, wells, and hydropower projects — but not livestock-grazing facilities. (B) Except as allowed under subsection (g) or elsewhere in this subchapter, after October 24, 2000, no federal official may fund, help, authorize, or license a new water resource facility inside the designated wilderness. (C) This does not affect using, maintaining, repairing, or replacing water facilities that already existed on October 24, 2000, inside the Wilderness. (5) Boundaries along the Colorado River: (A) Neither the Conservation Area nor the Wilderness includes any part of the Colorado River up to its 100-year high-water mark. (B) This does not affect whatever authority the Secretary has to manage recreation on the Colorado River, or to manage the public land between the Conservation Area's boundary and the river's edge. (C) Subject to existing valid rights, all federally owned land between the river's 100-year high-water marks — from "Line A" on the Map* east to the Colorado-Utah border on the west — is withdrawn from the public land laws, mining laws, and mineral/geothermal leasing laws, the same as described in subsection (c).
The Secretary* shall manage the Conservation Area in a manner that—
conserves, protects, and enhances the resources of the Conservation Area specified in section 460mmm(b) 1 of this title; and
is in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
other applicable law, including this subchapter.
The Secretary shall allow only such uses of the Conservation Area as the Secretary determines will further the purposes for which the Conservation Area is established.
Subject to valid existing rights, all Federal land within the Conservation Area and the Wilderness* and all land and interests in land acquired for the Conservation Area or the Wilderness by the United States are withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
the operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto.
Nothing in this subsection shall be construed to affect discretionary authority of the Secretary under other Federal laws to grant, issue, or renew rights-of-way or other land use authorizations consistent with the other provisions of this subchapter.
Except as provided in paragraph (2), use of motorized vehicles in the Conservation Area—
before the effective date of a management plan* under subsection (h), shall be allowed only on roads and trails designated for use of motor vehicles in the management plan that applies on October 24, 2000, to the public lands in the Conservation Area; and
after the effective date of a management plan under subsection (h), shall be allowed only on roads and trails designated for use of motor vehicles in that management plan.
Paragraph (1) shall not limit the use of motor vehicles in the Conservation Area as needed for administrative purposes or to respond to an emergency.
Subject to valid existing rights, lands designated as wilderness by this subchapter shall be managed by the Secretary, as appropriate, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this subchapter, except that, with respect to any wilderness areas designated by this subchapter, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to October 24, 2000.
Hunting, trapping, and fishing shall be allowed within the Conservation Area and the Wilderness in accordance with applicable laws and regulations of the United States and the States of Colorado and Utah.
The head of the Colorado Division of Wildlife (in reference to land within the State of Colorado), the head of the Utah Division of Wildlife (in reference to land within the State of Utah), or the Secretary after consultation with the Colorado Division of Wildlife (in reference to land within the State of Colorado) or the head of the Utah Division of Wildlife (in reference to land within the State of Utah), may issue regulations designating zones where, and establishing limited periods when, hunting, trapping, or fishing shall be prohibited in the Conservation Area or the Wilderness for reasons of public safety, administration, or public use and enjoyment.
Except as provided by paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Conservation Area and the Wilderness in accordance with the same laws (including regulations) and Executive orders followed by the Secretary in issuing and administering grazing leases and permits on other land under the jurisdiction of the Bureau of Land Management.
Grazing of livestock in the Wilderness shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), in accordance with the guidelines set forth in Appendix A of House Report 101–405 of the 101st Congress.
Not later than 3 years after October 24, 2000, the Secretary shall develop a comprehensive management plan for the long-range protection and management of the Conservation Area and the Wilderness and the lands described in paragraph (2)(E).
The management plan shall—
describe the appropriate uses and management of the Conservation Area and the Wilderness;
take into consideration any information developed in studies of the land within the Conservation Area or the Wilderness;
provide for the continued management of the utility corridor, Black Ridge Communications Site, and the Federal Aviation Administration site as such for the land designated on the Map* as utility corridor, Black Ridge Communications Site, and the Federal Aviation Administration site;
take into consideration the historical involvement of the local community in the interpretation and protection of the resources of the Conservation Area and the Wilderness, as well as the Ruby Canyon/Black Ridge Integrated Resource Management Plan, dated March 1998, which was the result of collaborative efforts on the part of the Bureau of Land Management and the local community; and
include all public lands between the boundary of the Conservation Area and the edge of the Colorado River and, on such lands, the Secretary shall allow only such recreational or other uses as are consistent with this subchapter.
The Congress does not intend for the establishment of the Conservation Area or the Wilderness to lead to the creation of protective perimeters or buffer zones around the Conservation Area or the Wilderness. The fact that there may be activities or uses on lands outside the Conservation Area or the Wilderness that would not be allowed in the Conservation Area or the Wilderness shall not preclude such activities or uses on such lands up to the boundary of the Conservation Area or the Wilderness consistent with other applicable laws.
The Secretary may acquire non-federally owned land within the exterior boundaries of the Conservation Area or the Wilderness only through purchase from a willing seller, exchange, or donation.
Land acquired under paragraph (1) shall be managed as part of the Conservation Area or the Wilderness, as the case may be, in accordance with this subchapter.
The Secretary may establish minimal interpretive facilities or sites in cooperation with other public or private entities as the Secretary considers appropriate. Any facilities or sites shall be designed to protect the resources referred to in section 460mmm(b) of this title.
Congress finds that—
the lands designated as wilderness by this subchapter are located at the headwaters of the streams and rivers on those lands, with few, if any, actual or proposed water resource facilities located upstream from such lands and few, if any, opportunities for diversion, storage, or other uses of water occurring outside such lands that would adversely affect the wilderness or other values of such lands;
the lands designated as wilderness by this subchapter generally are not suitable for use for development of new water resource facilities, or for the expansion of existing facilities;
it is possible to provide for proper management and protection of the wilderness and other values of such lands in ways different from those utilized in other legislation designating as wilderness lands not sharing the attributes of the lands designated as wilderness by this subchapter.
Nothing in this subchapter shall constitute or be construed to constitute either an express or implied reservation of any water or water rights with respect to the lands designated as a national conservation area or as wilderness by this subchapter.
Nothing in this subchapter shall affect any conditional or absolute water rights in the State of Colorado existing on October 24, 2000.
Nothing in this subsection shall be construed as establishing a precedent with regard to any future national conservation area or wilderness designations.
Nothing in this subchapter shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Colorado and other States.
The Secretary shall follow the procedural and substantive requirements of the law of the State of Colorado in order to obtain and hold any new water rights with respect to the Conservation Area and the Wilderness.
As used in this paragraph, the term “water resource facility” means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. Such term does not include any such facilities related to or used for the purpose of livestock grazing.
Except as otherwise provided by subsection (g) or other provisions of this subchapter, on and after October 24, 2000, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the wilderness area designated by this subchapter.
Except as provided in this paragraph, nothing in this subchapter shall be construed to affect or limit the use, operation, maintenance, repair, modification, or replacement of water resource facilities in existence on October 24, 2000, within the boundaries of the Wilderness.
Neither the Conservation Area nor the Wilderness shall include any part of the Colorado River to the 100-year high water mark.
Nothing in this subchapter shall affect the authority that the Secretary may or may not have to manage recreational uses on the Colorado River, except as such authority may be affected by compliance with paragraph (3). Nothing in this subchapter shall be construed to affect the authority of the Secretary to manage the public lands between the boundary of the Conservation Area and the edge of the Colorado River.
Subject to valid existing rights, all lands owned by the Federal Government between the 100-year high water mark on each shore of the Colorado River, as designated on the Map from the line labeled “Line A” on the east to the boundary between the States of Colorado and Utah on the west, are hereby withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
the operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Source credit: (Pub. L. 106–353, § 6, Oct. 24, 2000, 114 Stat. 1375.)
- 2000Enacted · Pub. L. 106-353 · 114 Stat. 1375
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-353 on 2000-10-24.
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