ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

16 U.S.C. § 460wwwRed Cliffs National Conservation Area

submitted 17 years ago by Pub. L. 111-11 to r/title-16-CONSERVATION · 821 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Red Cliffs National Conservation Area in Utah. It protects scenic, wildlife, and historic resources, plus threatened and endangered species living there. The Secretary of the Interior must write a management plan and keep the land closed to new mining and development claims.

(a) Purposes: This section has two goals. First, to conserve, protect, and enhance — for people now and in the future — the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Red Cliffs National Conservation Area. Second, to protect any species in the Conservation Area that is listed as threatened or endangered under section 1533(c)(1) of this title. (b) Definitions: This section defines five terms. "Habitat conservation plan" means the "Washington County Habitat Conservation Plan," dated February 23, 1996. "Management plan" means the plan the Secretary of the Interior must create under subsection (d)(1). "National Conservation Area" means the roughly 44,725 acres of public land in the county, shown on the Red Cliffs National Conservation Area Map, that is established by subsection (c). "Public use plan" means the "Red Cliffs Desert Reserve Public Use Plan," dated June 12, 2000, as it has been amended. "Resource management plan" means the "St. George Field Office Resource Management Plan," dated March 15, 1999, as amended. (c) Establishment: Subject to any valid existing rights, this section creates the Red Cliffs National Conservation Area in the state. (d) Management plan: (1) Within three years after March 30, 2009, the Secretary must create a full plan for managing the Conservation Area long-term. (2) While writing that plan, the Secretary must consult with the right state, tribal, and local government bodies, and with members of the public. (3) As long as it fits with this section, the Secretary may build the management plan around the habitat conservation plan, the resource management plan, and the public use plan. (e) Management: (1) The Secretary must manage the Conservation Area in a way that conserves, protects, and enhances its resources, following the Federal Land Policy and Management Act of 1976, this section, and any other applicable law. (2) The Secretary may only allow uses that further the purposes listed in subsection (a). (3) Motorized vehicles may only travel on roads the management plan designates for them — except when they're needed for administration or emergencies. (4) Livestock grazing that was already happening before March 30, 2009 may keep going, subject to reasonable rules the Secretary sets and to other applicable law, as long as it stays consistent with the purposes in subsection (a). (5) This section doesn't stop the Secretary from working with other federal, state, and local agencies to fight wildfires in the Conservation Area. (f) Incorporation of acquired land: Any land inside the Conservation Area that the United States acquires automatically becomes part of the Conservation Area. It must be managed under the Federal Land Policy and Management Act of 1976, this section, and other applicable law. (g) Withdrawal: (1) Subject to valid existing rights, all federal land in the Conservation Area is off-limits to: (A) entry, claims, and disposal under public land laws; (B) staking new mining claims; and (C) new mineral, mineral-materials, and geothermal leases. (2) If the Secretary acquires more land for the Conservation Area after March 30, 2009, that land becomes off-limits the same way, starting on the day it's acquired. (h) Effect: This section doesn't block utility development within the Conservation Area, as long as the development follows the utility rules in the habitat conservation plan and any other applicable law.
the actual law source: uscode.house.gov ↗public domain
(a) Purposes

The purposes of this section are—

(1)

to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and

(2)

to protect each species that is—

(A)

located in the National Conservation Area; and

(B)

listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 1533(c)(1) of this title.

(b) Definitions

In this section:

(1) Habitat conservation plan

The term “habitat conservation plan” means the conservation plan entitled “Washington County Habitat Conservation Plan” and dated February 23, 1996.

(2) Management plan

The term “management plan” means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).

(3) National Conservation Area

The term “National Conservation Area” means the Red Cliffs National Conservation Area that—

(A)

consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and

(B)

is established by subsection (c).

(4) Public use plan

The term “public use plan” means the use plan entitled “Red Cliffs Desert Reserve Public Use Plan” and dated June 12, 2000, as amended.

(5) Resource management plan

The term “resource management plan” means the management plan entitled “St. George Field Office Resource Management Plan” and dated March 15, 1999, as amended.

(c) Establishment

Subject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area.

(d) Management plan
(1) In general

Not later than 3 years after March 30, 2009, and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.

(2) Consultation

In developing the management plan required under paragraph (1), the Secretary shall consult with—

(A)

appropriate State, tribal, and local governmental entities; and

(B)

members of the public.

(3) Incorporation of plans

In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of—

(A)

the habitat conservation plan;

(B)

the resource management plan; and

(C)

the public use plan.

(e) Management
(1) In general

The Secretary shall manage the National Conservation Area—

(A)

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

(B)

in accordance with—

(i)

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

(ii)

this section; and

(iii)

any other applicable law (including regulations).

(2) Uses

The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).

(3) Motorized vehicles

Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.

(4) Grazing

The grazing of livestock in the National Conservation Area, where established before March 30, 2009, shall be permitted to continue—

(A)

subject to—

(i)

such reasonable regulations, policies, and practices as the Secretary considers necessary; and

(ii)

applicable law; and

(B)

in a manner consistent with the purposes described in subsection (a).

(5) Wildland fire operations

Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.

(f) Incorporation of acquired land and interests

Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall—

(1)

become part of the National Conservation Area; and

(2)

be managed in accordance with—

(A)

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

(B)

this section; and

(C)

any other applicable law (including regulations).

(g) Withdrawal
(1) In general

Subject to valid existing rights, all Federal land located in the National Conservation Area are 1 withdrawn from—

(A)

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

(B)

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

(C)

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

(2) Additional land

If the Secretary acquires additional land that is located in the National Conservation Area after March 30, 2009, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.

(h) Effect

Nothing in this section prohibits the authorization of the development of utilities within the National Conservation Area if the development is carried out in accordance with—

(1)

each utility development protocol described in the habitat conservation plan; and

(2)

any other applicable law (including regulations).

Source credit: (Pub. L. 111–11, title I, § 1974, Mar. 30, 2009, 123 Stat. 1081.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-11 · 123 Stat. 1081

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-11 on 2009-03-30.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case