16 U.S.C. § 460xxx — Beaver Dam Wash National Conservation Area
submitted 17 years ago by Pub. L. 111-11 to r/title-16-CONSERVATION · 692 words · no verdicts yet
This law creates the Beaver Dam Wash National Conservation Area in Utah, covering about 68,083 acres. It protects the area's scenery, wildlife, and history, and closes it to new mining claims. The Secretary must write a management plan and can limit motorized vehicles to designated roads.
(a) Purpose: The purpose is to conserve, protect, and enhance — for the benefit of people now and in the future — the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Beaver Dam Wash National Conservation Area.
(b) Definitions: "Management plan" means the plan the Secretary must develop under subsection (d)(1). "National Conservation Area" means the roughly 68,083 acres of public land in the county shown on the Beaver Dam Wash National Conservation Area Map, established by subsection (c).
(c) Establishment: Subject to valid existing rights, this section creates the Beaver Dam Wash National Conservation Area in the state.
(d) Management plan: (1) Within three years after March 30, 2009, the Secretary must write a comprehensive plan for long-term management. (2) The Secretary must consult appropriate state, tribal, and local government bodies, and the public, while writing it. (3) The plan must include the motorized-vehicle restrictions described in subsection (e)(3).
(e) Management: (1) The Secretary must manage the conservation area to conserve, protect, and enhance its resources, following the Federal Land Policy and Management Act of 1976, this section, and other applicable law. (2) The Secretary may only allow uses that further the purpose in subsection (a). (3) Motorized vehicles: (A) In general, motorized vehicles may travel only on roads the management plan designates for them, except for administrative or emergency needs. (B) In areas the map marks as "Designated Road Areas," motorized vehicles may only use the specific roads shown on that map. (4) Livestock grazing already happening before March 30, 2009 may continue, subject to reasonable rules the Secretary considers necessary and other applicable law, as long as it stays consistent with the purpose 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 the United States acquires within the conservation area automatically becomes part of it and 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 closed 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 closed off the same way, starting the day it's acquired.
The purpose of this section is 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 Beaver Dam Wash National Conservation Area.
In this section:
The term “management plan” means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).
The term “National Conservation Area” means the Beaver Dam Wash National Conservation Area that—
consists of approximately 68,083 acres of public land in the County, as generally depicted on the Beaver Dam Wash National Conservation Area Map; and
is established by subsection (c).
Subject to valid existing rights, there is established in the State the Beaver Dam Wash National Conservation Area.
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.
In developing the management plan required under paragraph (1), the Secretary shall consult with—
appropriate State, tribal, and local governmental entities; and
members of the public.
In developing the management plan required under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles described in subsection (e)(3).
The Secretary shall manage the National Conservation Area—
in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and
in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
this section; and
any other applicable law (including regulations).
The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further the purpose described in subsection (a).
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.
In addition to the requirement described in subparagraph (A), with respect to the areas designated on the Beaver Dam Wash National Conservation Area Map as “Designated Road Areas”, motorized vehicles shall be permitted only on the roads identified on such map.
The grazing of livestock in the National Conservation Area, where established before March 30, 2009, shall be permitted to continue—
subject to—
such reasonable regulations, policies, and practices as the Secretary considers necessary; and
applicable law (including regulations); and
in a manner consistent with the purpose described in subsection (a).
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.
Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall—
become part of the National Conservation Area; and
be managed in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
this section; and
any other applicable law (including regulations).
Subject to valid existing rights, all Federal land located in the National Conservation Area is withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patenting under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
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.
Source credit: (Pub. L. 111–11, title I, § 1975, Mar. 30, 2009, 123 Stat. 1083.)
- 2009Enacted · Pub. L. 111-11 · 123 Stat. 1083
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-11 on 2009-03-30.
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