16 U.S.C. § 460ooo–4 — Management of the Las Cienegas National Conservation Area
submitted 26 years ago by Pub. L. 106-538 to r/title-16-CONSERVATION · 601 words · no verdicts yet
This section tells the Secretary how to manage the Las Cienegas Conservation Area. It sets rules for grazing, motorized vehicles, hunting, and access to private land. It also withdraws federal land from new mining claims.
(a) In general. The Secretary* must manage the Conservation Area* to conserve, protect, and enhance its resources and values — including those named in section 460ooo–3(a) — under the Federal Land Policy and Management Act of 1976, this subchapter, and other applicable law.
(b) Uses. The Secretary may only allow uses that further the purposes for which the Conservation Area is established.
(c) Grazing. The Secretary of the Interior must permit grazing, subject to all applicable laws, regulations, and executive orders consistent with this subchapter's purposes.
(d) Motorized vehicles. Except for administrative or emergency use, motorized vehicles are allowed only: (1) before a management plan* takes effect, on roads and trails designated in the management plan in effect on December 6, 2000; and (2) after a management plan takes effect, on the roads and trails it designates.
(e) Military airspace. Before December 6, 2000, the FAA had already approved restricted military airspace (Areas 2303A and 2303B) covering parts of the Conservation Area. Designating the Conservation Area does not restrict current or future military flight operations. If the military needs different or additional airspace later, Congress does not intend for the Conservation Area's designation to stop the military from asking the FAA to change or expand that restricted airspace.
(f) Access to State and private lands. Nothing in this subchapter affects existing valid rights-of-way in the Conservation Area. The Secretary must give reasonable access to non-federally owned land within the Conservation Area's boundaries.
(g) Hunting. Hunting is allowed under applicable United States and Arizona law. The Secretary, after consulting Arizona's wildlife management agency, may designate zones and periods with no hunting, for public safety, administration, or public use and enjoyment reasons.
(h) Preventative measures. Nothing in this subchapter stops the Secretary from taking measures needed to prevent a devastating fire or an insect or disease infestation.
(i) No buffer zones. Establishing the Conservation Area does not create protective perimeters or buffer zones around it. Activities allowed on land outside the Conservation Area, but not permitted inside it, may still continue right up to the Conservation Area's boundary, as long as they follow other applicable laws.
(j) Withdrawals. Subject to valid existing rights, all federal land in the Conservation Area — and any land or interests the United States acquires there later — is closed to all entry, appropriation, or disposal under public land laws, closed to new claims and patents under mining laws, and closed to new mineral leasing and geothermal leasing.
The Secretary* shall manage the Conservation Area* in a manner that conserves, protects, and enhances its resources and values, including the resources and values specified in section 460ooo–3(a) of this title, pursuant to 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 finds will further the purposes for which the Conservation Area is established as set forth in section 460ooo–3(a) of this title.
The Secretary of the Interior shall permit grazing subject to all applicable laws, regulations, and Executive orders consistent with the purposes of this subchapter.
Except where needed for administrative purposes or to respond to an emergency, use of motorized vehicles on public lands* in the Conservation Area shall be allowed only—
before the effective date of a management plan* prepared pursuant to section 460ooo–5 of this title, on roads and trails designated for use of motorized vehicles in the management plan that applies on December 6, 2000; and
after the effective date of a management plan prepared pursuant to section 460ooo–5 of this title, on roads and trails designated for use of motor vehicles in that management plan.
Prior to December 6, 2000, the Federal Aviation Administration approved restricted military airspace (Areas 2303A and 2303B) which covers portions of the Conservation Area. Designation of the Conservation Area shall not impact or impose any altitude, flight, or other airspace restrictions on current or future military operations or missions. Should the military require additional or modified airspace in the future, the Congress does not intend for the designation of the Conservation Area to impede the military from petitioning the Federal Aviation Administration to change or expand existing restricted military airspace.
Nothing in this subchapter shall affect valid existing rights-of-way within the Conservation Area. The Secretary shall provide reasonable access to nonfederally owned lands or interest in lands within the boundaries of the Conservation Area.
Hunting shall be allowed within the Conservation Area in accordance with applicable laws and regulations of the United States and the State of Arizona, except that the Secretary, after consultation with the Arizona State wildlife management agency, may issue regulations designating zones where and establishing periods when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment.
Nothing in this subchapter shall preclude such measures as the Secretary determines necessary to prevent devastating fire or infestation of insects or disease within the Conservation Area.
The establishment of the Conservation Area shall not lead to the creation of protective perimeters or buffer zones around the Conservation Area. The fact that there may be activities or uses on lands outside the Conservation Area that would not be permitted in the Conservation Area shall not preclude such activities or uses on such lands up to the boundary of the Conservation Area consistent with other applicable laws.
Subject to valid existing rights all Federal lands within the Conservation Area and all lands and interest therein which are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto.
Source credit: (Pub. L. 106–538, § 5, Dec. 6, 2000, 114 Stat. 2565.)
- 2000Enacted · Pub. L. 106-538 · 114 Stat. 2565
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-538 on 2000-12-06.
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