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16 U.S.C. § 460xx–1Management

submitted 38 years ago by Pub. L. 100-696 to r/title-16-CONSERVATION · 359 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells the Secretary how to run the San Pedro Riparian Conservation Area. It closes the land to new mining and limits motor vehicles to designated roads. Congress also reserved water rights for the area, and breaking the rules can mean a fine up to $10,000 or a year in prison.

(a) General authorities: The Secretary must manage the conservation area to conserve, protect, and enhance the riparian area and its aquatic, wildlife, archeological, paleontological, scientific, cultural, educational, and recreational resources. This management follows this subchapter and, where the two don't conflict, the Federal Land Policy and Management Act of 1976 (called "FLPMA" here). (b) Uses: The Secretary may only allow uses that further the main purposes the conservation area was created for. Except for administrative or emergency needs, motorized vehicles may only use roads specifically designated for that purpose in the management plan required by section 460xx–2 of this title. The Secretary can set reasonable limits on visits and use to protect the area's resources — including requiring permits or closing parts of the area to the public. (c) Withdrawals: Subject to valid existing rights, all federal land in the conservation area is closed to entry, claims, and disposal under public land laws; to staking new mining claims; and to new mineral and geothermal leases, including any amendments to those leasing laws. (d) Water rights: Congress reserves enough water to fulfill this conservation area's purposes. This reserved water right has a priority date of November 18, 1988. The Secretary must file a claim to have this water right officially measured in the appropriate court water-rights proceeding. (e) Enforcement: Anyone who violates this subchapter or a regulation the Secretary issues to carry it out can be fined up to $10,000, imprisoned for up to one year, or both.
the actual law source: uscode.house.gov ↗public domain
(a) General authorities

The Secretary shall manage the conservation area in a manner that conserves, protects, and enhances the riparian area and the aquatic, wildlife, archeological, paleontological, scientific, cultural, educational, and recreational resources of the conservation area. Such management shall be guided by this subchapter and, where not inconsistent with this subchapter, by the provisions of the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.] (hereinafter in this subchapter referred to as “FLPMA”).

(b) Uses

The Secretary shall only allow such uses of the conservation area as he finds will further the primary purposes for which the conservation area is established. Except where needed for administrative or emergency purposes, the use of motorized vehicles in the conservation area shall only be allowed on roads specifically designated for such use as part of the management plan prepared pursuant to section 460xx–2 of this title. The Secretary shall have the power to implement such reasonable limits to visitation and use of the conservation area as he finds appropriate for the protection of the resources of the conservation area, including requiring permits for public use, or closing portions of the conservation area to public use.

(c) Withdrawals

Subject to valid existing rights, all Federal lands within the conservation area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto.

(d) Water rights

Congress reserves for the purposes of this reservation, a quantity of water sufficient to fulfill the purposes of the San Pedro Riparian National Conservation Area created by this subchapter. The priority date of such reserve rights shall be November 18, 1988. The Secretary shall file a claim for the quantification of such rights in an appropriate stream adjudication.

(e) Enforcement

Any person who violates any provision of this subchapter or any regulation promulgated by the Secretary to implement this subchapter shall be subject to a fine of up to $10,000, or imprisonment for up to one year, or both.

Source credit: (Pub. L. 100–696, title I, § 102, Nov. 18, 1988, 102 Stat. 4571.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-696 · 102 Stat. 4571

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-696 on 1988-11-18.

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