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16 U.S.C. § 460qqq–3Management

submitted 24 years ago by Pub. L. 107-282 to r/title-16-CONSERVATION · 957 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells the Secretary how to manage the Sloan Canyon Conservation Area. It covers motorized vehicles, mining withdrawal, hunting, and buffer zones. It also grants the Southern Nevada Water Authority a pipeline right-of-way.

(a) In general. The Secretary, through the Director of the Bureau of Land Management, manages the Conservation Area: (1) to conserve, protect, and enhance its resources; and (2) following the Federal Land Policy and Management Act of 1976 and other applicable law, including this Act. (b) Management plan. (1) In general. Within three years of November 6, 2002, the Secretary, consulting with the State, the City of Henderson, the County, and other interested people, must develop a management plan for the Conservation Area. (2) Requirements. The plan must: (A) describe appropriate uses and management of the Conservation Area; (B) authorize motorized vehicle use for installing, repairing, maintaining, and rebuilding water development projects (including guzzlers) that help wildlife populations, subject to limits no stricter than those allowed in wilderness areas, and include recommendations for minimizing the visual impact of such activities; (C) include a plan for litter cleanup and a public-lands-awareness campaign in and around the Conservation Area; and (D) recommend a location for a right-of-way for a rural roadway giving the City of Henderson access to the Conservation Area, tied to application number N–65874. (c) Uses. The Secretary may only allow uses that further the purpose named in section 460qqq of this title. (d) Motorized vehicles. Except for administrative or emergency needs, motorized vehicle use in the Conservation Area is allowed only on roads and trails designated for that purpose by the management plan. (e) Withdrawal. (1) In general. Subject to valid existing rights, all public land in the Conservation Area is withdrawn from all entry and appropriation under public land laws, from location, entry, and patent under mining laws, and from mineral leasing, mineral materials, and geothermal leasing laws. (2) Additional land. If the Secretary acquires mineral or other interests in a Conservation Area parcel after November 6, 2002, that parcel is withdrawn the same way, effective the date it is acquired. (f) Hunting, fishing, and trapping. (1) In general. Nothing in this subchapter affects Nevada's authority over fish and wildlife, including hunting, fishing, and trapping, in the Conservation Area. (2) Limitations. (A) Regulations. The Secretary may, by regulation, designate areas and periods with no hunting, fishing, or trapping, for public safety, administration, or legal compliance reasons. (B) Consultation. Except in emergencies, the Secretary must consult the appropriate State agency before issuing a regulation that closes part of the Conservation Area to hunting, fishing, or trapping. (g) No buffer zones. (1) In general. Establishing the Conservation Area does not create an express or implied protective perimeter or buffer zone around it. (2) Private land. If a use of, or activity on, neighboring private land is otherwise lawful, nothing in this subchapter prohibits or limits it because of the Conservation Area. (h) Horizon lateral pipeline right-of-way. (1) In general. Despite certain sections of the Federal Land Policy and Management Act of 1976, and subject to valid existing rights and paragraph (3), the Secretary must, within one year of May 19, 2026, grant the Southern Nevada Water Authority — at no cost — the water pipeline, powerline, facility, and access road rights-of-way shown on the map, outside the Conservation Area's boundaries, to: (A) perform geotechnical investigations; and (B) build and run water transmission and related facilities. (2) Excavation and disposal. (A) In general. The Authority may, at no cost, excavate and use or dispose of sand, gravel, minerals, or other tunneling materials needed for the rights-of-way's purpose. (B) Memorandum of understanding. Within 30 days of granting the rights-of-way, the Secretary and the Authority must sign a memorandum of understanding identifying federal land where the Authority may dispose of these materials to benefit the Bureau of Land Management. (3) Requirements. Any such right-of-way must: (A) include reasonable terms and conditions the Secretary sets to protect Conservation Area resources; (B) not permanently harm the Conservation Area's surface resources during pipeline construction; and (C) not run through or under any area designated as wilderness.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary, acting through the Director of the Bureau of Land Management, shall manage the Conservation Area

(1)

in a manner that conserves, protects, and enhances the resources of the Conservation Area; and

(2)

in accordance with—

(A)

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

(B)

other applicable law, including this Act.

(b) Management plan
(1) In general

Not later than 3 years after November 6, 2002, the Secretary, in consultation with the State, the city of Henderson, the County, and any other interested persons, shall develop a management plan for the Conservation Area.

(2) Requirements

The management plan shall—

(A)

describe the appropriate uses and management of the Conservation Area;

(B)
(i)

authorize the use of motorized vehicles in the Conservation Area—

(I)

for installing, repairing, maintaining, and reconstructing water development projects, including guzzlers, that would enhance the Conservation Area by promoting healthy, viable, and more naturally distributed wildlife populations; and

(II)

subject to any limitations that are not more restrictive than the limitations on such uses authorized in wilderness areas under section 208; 1 and

(ii)

include or provide recommendations on ways of minimizing the visual impacts of such activities on the Conservation Area;

(C)

include a plan for litter cleanup and public lands awareness campaign on public lands in and around the Conservation Area; and

(D)

include a recommendation on the location for a right-of-way for a rural roadway to provide the city of Henderson with access to the Conservation Area, in accordance with the application numbered N–65874.

(c) Uses

The Secretary shall allow only such uses of the Conservation Area that the Secretary determines will further the purpose described in section 460qqq of this title.

(d) Motorized vehicles

Except as needed for administrative purposes 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 developed under subsection (b).

(e) Withdrawal
(1) In general

Subject to valid existing rights, all public land in the Conservation Area is withdrawn from—

(A)

all forms of entry and appropriation under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(2) Additional land

Notwithstanding any other provision of law, if the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after November 6, 2002, the parcel is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.

(f) Hunting, fishing, and trapping
(1) In general

Nothing in this subchapter affects the jurisdiction of the State with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area.

(2) Limitations
(A) Regulations

The Secretary may designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Conservation Area.

(B) Consultation

Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under subparagraph (A) that close a portion of the Conservation Area to hunting, fishing, or trapping.

(g) No buffer zones
(1) In general

The establishment of the Conservation Area shall not create an express or implied protective perimeter or buffer zone around the Conservation Area.

(2) Private land

If the use of, or conduct of an activity on, private land that shares a boundary with the Conservation Area is consistent with applicable law, nothing in this subchapter concerning the establishment of the Conservation Area shall prohibit or limit the use or conduct of the activity.

(h) Horizon lateral pipeline right-of-way
(1) In general

Notwithstanding sections 202 and 503 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1763) and subject to valid existing rights and paragraph (3), the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this subsection as the “Secretary”), shall, not later than 1 year after May 19, 2026, grant to the Southern Nevada Water Authority (referred to in this subsection as the “Authority”), not subject to the payment of rents or other charges, the temporary and permanent water pipeline infrastructure, and outside the boundaries of the Conservation Area, powerline, facility, and access road rights-of-way depicted on the map for the purposes of—

(A)

performing geotechnical investigations within the rights-of-way; and

(B)

constructing and operating water transmission and related facilities.

(2) Excavation and disposal
(A) In general

The Authority may, without consideration, excavate and use or dispose of sand, gravel, minerals, or other materials from the tunneling of the water pipeline necessary to fulfill the purpose of the rights-of-way granted under paragraph (1).

(B) Memorandum of understanding

Not later than 30 days after the date on which the rights-of-way are granted under paragraph (1), the Secretary and the Authority shall enter into a memorandum of understanding identifying Federal land on which the Authority may dispose of materials under subparagraph (A) to further the interests of the Bureau of Land Management.

(3) Requirements

A right-of-way issued under this subsection shall be subject to the following requirements:

(A)

The Secretary may include reasonable terms and conditions, consistent with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765), as are necessary to protect Conservation Area resources.

(B)

Construction of the water pipeline shall not permanently adversely affect conservation area surface resources.

(C)

The right-of-way shall not be located through or under any area designated as wilderness.

Source credit: (Pub. L. 107–282, title VI, § 605, Nov. 6, 2002, 116 Stat. 2010; Pub. L. 119–91, § 3(b), May 19, 2026, 140 Stat. 822.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-282 · 116 Stat. 2010
  • 2026Amended · Pub. L. 119-91 · 140 Stat. 822

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-282 on 2002-11-06.

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