16 U.S.C. § 460yyy–2 — Management of the Conservation Area

submitted 17 years ago by Pub. L. 111-11 to r/title-16-CONSERVATION · 545 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells the Secretary how to manage the Fort Stanton-Snowy River cave area. Uses must protect the cave system, and federal land there is closed to new mining and mineral leasing. The Secretary must write a management plan within two years and can partner with universities on cave research, though the law reserves no water rights.

(a) Management: (1) The Secretary must manage the Conservation Area in a way that conserves, protects, and enhances its resources and values, following this subchapter, the Federal Land Policy and Management Act of 1976, and any other applicable laws. (2) The Secretary may only allow uses that are consistent with protecting the cave resources. (3) In running the Conservation Area, the Secretary must provide for: (A) conserving and protecting the area's natural and unique features for science, education, and other proper public uses; (B) public access, as appropriate, balanced against protecting the caves and public safety; (C) letting existing or new uses continue, as long as they don't hurt the purposes the Conservation Area was created for; (D) managing the surface land following the Fort Stanton Area of Critical Environmental Concern Final Activity Plan from March 2001, or any updates to it, as long as that stays consistent with this subchapter; and (E) opportunities for scientific research, including partnerships with colleges, universities, schools, scientific institutions, and researchers, to carry out research and provide educational and interpretive services. (b) Withdrawals: Subject to valid existing rights, all federal land in the Conservation Area — both surface and underground — plus any additional land the United States acquires for the Conservation Area after March 30, 2009, is closed to: (1) entry, claims, and disposal under general public land laws; (2) staking new mining claims; and (3) new mineral and geothermal leases. (c) Management plan: (1) No later than two years after March 30, 2009, the Secretary had to develop a comprehensive plan for managing the Conservation Area long-term. (2) That plan must: (A) describe what uses and management practices are appropriate; (B) incorporate relevant decisions from other management plans covering land in or next to the Conservation Area; (C) take into account information from studies of that land and its resources; and (D) set up a cooperative agreement with Lincoln County, New Mexico, addressing the local community's historical role in interpreting and protecting the area's resources. (d) Research and interpretive facilities: (1) The Secretary may build facilities for conducting scientific research and for interpreting the Conservation Area's historical, cultural, scientific, archaeological, natural, and educational resources for the public. (2) The Secretary may make agreements with the State of New Mexico and other institutions and organizations to help carry out this subchapter's purposes. (e) Water rights: Nothing in this subchapter reserves any water right for the Conservation Area, either directly or by implication.

the actual law source: uscode.house.gov ↗public domain

(a) Management

(1) In general

The Secretary shall manage the Conservation Area—

(A)

in a manner that conserves, protects, and enhances the resources and values of the Conservation Area, including the resources and values described in section 460yyy–1(a) of this title; and

(B)

in accordance with—

(i)

this subchapter;

(ii)

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

(iii)

any other applicable laws.

(2) Uses

The Secretary shall only allow uses of the Conservation Area that are consistent with the protection of the cave resources.

(3) Requirements

In administering the Conservation Area, the Secretary shall provide for—

(A)

the conservation and protection of the natural and unique features and environs for scientific, educational, and other appropriate public uses of the Conservation Area;

(B)

public access, as appropriate, while providing for the protection of the cave resources and for public safety;

(C)

the continuation of other existing uses or other new uses of the Conservation Area that do not impair the purposes for which the Conservation Area is established;

(D)

management of the surface area of the Conservation Area in accordance with the Fort Stanton Area of Critical Environmental Concern Final Activity Plan dated March, 2001, or any amendments to the plan, consistent with this subchapter; and

(E)

scientific investigation and research opportunities within the Conservation Area, including through partnerships with colleges, universities, schools, scientific institutions, researchers, and scientists to conduct research and provide educational and interpretive services within the Conservation Area.

(b) Withdrawals

Subject to valid existing rights, all Federal surface and subsurface land within the Conservation Area and all land and interests in the land that are acquired by the United States after March 30, 2009, for inclusion in the Conservation Area, are withdrawn from—

(1)

all forms of entry, appropriation, or disposal under the general land laws;

(2)

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

(3)

operation under the mineral leasing and geothermal leasing laws.

(1) In general

Not later than 2 years after March 30, 2009, the Secretary shall develop a comprehensive plan for the long-term management of the Conservation Area.

(2) Purposes

The management plan shall—

(A)

describe the appropriate uses and management of the Conservation Area;

(B)

incorporate, as appropriate, decisions contained in any other management or activity plan for the land within or adjacent to the Conservation Area;

(C)

take into consideration any information developed in studies of the land and resources within or adjacent to the Conservation Area; and

(D)

provide for a cooperative agreement with Lincoln County, New Mexico, to address the historical involvement of the local community in the interpretation and protection of the resources of the Conservation Area.

(d) Research and interpretive facilities

(1) In general

The Secretary may establish facilities for—

(A)

the conduct of scientific research; and

(B)

the interpretation of the historical, cultural, scientific, archaeological, natural, and educational resources of the Conservation Area.

(2) Cooperative agreements

The Secretary may, in a manner consistent with this subchapter, enter into cooperative agreements with the State of New Mexico and other institutions and organizations to carry out the purposes of this subchapter.

(e) Water rights

Nothing in this subchapter constitutes an express or implied reservation of any water right.

Source credit: (Pub. L. 111–11, title II, § 2203, Mar. 30, 2009, 123 Stat. 1100.)

history & why it existsrecord from the source credit

2009Enacted · Pub. L. 111-11 · 123 Stat. 1100

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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