16 U.S.C. § 460iii — Findings

Page 810 TITLE 16—CONSERVATION § 460hhh–6 460l–9 of this title’’ in section 7 of the Springs Mountain National Recreation Area Act, was executed to this section, which is section 7 of the Spring Mountains Na- tional Recreation Area Act, to reflect the probable in- tent of Congress. § 460hhh–6. Withdrawal (a) In general Subject to valid existing rights and except as provided in subsection (b), all Federal lands within the Recreation Area are withdrawn from— (1) all forms of entry, appropriation, or dis- posal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (b) Exceptions (1) In general Notwithstanding subsection (a), W1⁄2E1⁄2 and W1⁄2 sec. 27, T. 23 S., R. 58 E., Mt. Diablo Merid- ian is not subject to withdrawal under that subsection. (2) Effect of entry under public land laws Notwithstanding paragraph (1) of subsection (a), the following are not subject to with- drawal under that paragraph: (A) Any Federal land in the Recreation Area that qualifies for conveyance under Public Law 97–465 (commonly known as the ‘‘Small Tracts Act’’) (16 U.S.C. 521c et seq.), which, notwithstanding section 7 of that Act (16 U.S.C. 521i), may be conveyed under that Act. (B) Any Federal land in the Recreation Area that the Secretary determines to be ap- propriate for conveyance by exchange for non-Federal land within the Recreation Area under authorities generally providing for the exchange of National Forest System land. (Pub. L. 103–63, § 8, Aug. 4, 1993, 107 Stat. 300; Pub. L. 113–291, div. B, title XXX, § 3092(f), Dec. 19, 2014, 128 Stat. 3872.) Editorial Notes REFERENCES IN TEXT Public Law 97–465 (commonly known as the ‘‘Small Tracts Act’’), referred to in subsec. (b)(2)(A), is Pub. L. 97–465, Jan. 12, 1983, 96 Stat. 2535, which enacted sec- tions 521c to 521i of this title and amended section 484a of this title. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–291, § 3092(f)(1), sub- stituted ‘‘as provided’’ for ‘‘for lands described’’ in in- troductory provisions. Subsec. (b). Pub. L. 113–291, § 3092(f)(2), added subsec. (b) and struck out former subsec. (b). Prior to amend- ment, text read as follows: ‘‘The lands referred to in subsection (a) of this section are described as follows: ‘‘W1⁄2E1⁄2 and W1⁄2, Sec. 27, T23S, R58E, Mt. Diablo Meridian.’’ § 460hhh–7. Cooperative agreements In order to encourage unified and cost-effec- tive management and interpretation of natural and cultural resources in southern Nevada, the Secretary may enter into cooperative agree- ments with other Federal, State, and local agen- cies, and with nonprofit entities, that provide for the management and interpretation of nat- ural and cultural resources. (Pub. L. 103–63, § 9, Aug. 4, 1993, 107 Stat. 300.) § 460hhh–8. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sub- chapter. (Pub. L. 103–63, § 10, Aug. 4, 1993, 107 Stat. 301.) SUBCHAPTER CXX—MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA § 460iii. Findings The Congress finds the following: (1) The public lands managed by the Bureau of Land Management in the State of Idaho within the Snake River Birds of Prey Area contain one of the densest known nesting pop- ulations of eagles, falcons, owls, hawks, and other birds of prey (raptors) in North America. (2) These public lands constitute a valuable national biological and educational resource since birds of prey are important components of the ecosystem and indicators of environ- mental quality, and contribute significantly to the quality of wildlife and human commu- nities. (3) These public lands also contain impor- tant historic and cultural resources (including significant archaeological resources) as well as other resources and values, all of which should be protected and appropriately managed. (4) A military training area within the Snake River Birds of Prey Area, known as the Orchard Training Area, has been used since 1953 by reserve components of the Armed Forces. Military use of this area is currently governed by a Memorandum of Understanding between the Bureau of Land Management and the State of Idaho Military Division, dated May 1985. Operating under this Memorandum of Understanding, the Idaho National Guard has provided valuable assistance to the Bureau of Land Management with respect to fire con- trol and other aspects of management of the Orchard Training Area and the other lands in the Snake River Birds of Prey Area. Military use of the lands within the Orchard Training Area should continue in accordance with such Memorandum of Understanding (or extension or renewal thereof), to the extent consistent with section 460iii–3(e) of this title, because this would be in the best interest of training of the reserve components (an important aspect of national security) and of the local economy. (5) Protection of the conservation area as a home for raptors can best and should be ac- complished by the Secretary of the Interior, acting through the Bureau of Land Manage- ment, under a management plan that— (A) emphasizes management, protection, and rehabilitation of habitat for these raptors and of other resources and values of the area; (B) provides for continued military use, consistent with the requirements of section Page 811 TITLE 16—CONSERVATION § 460iii–1 460iii–3(e) of this title, of the Orchard Train- ing Area by reserve components of the Armed Forces; (C) addresses the need for public edu- cational and interpretive opportunities; (D) allows for diverse appropriate uses of lands in the area to the extent consistent with the maintenance and enhancement of raptor populations and habitats and protec- tion and sound management of other re- sources and values of the area; and (E) demonstrates management practices and techniques that may be useful to other areas of the public lands and elsewhere. (6) There exists near the conservation area a facility, the World Center for Birds of Prey op- erated by The Peregrine Fund, Inc., where re- search, public education, recovery, and rees- tablishment operations exist for endangered raptor species. There also exists at Boise State University a raptor study program which at- tracts national and international graduate and undergraduate students. (7) The Bureau of Land Management and Boise State University, together with other State, Federal, and private entities, have formed the Raptor Research and Technical As- sistance Center to be housed at Boise State University, which provides a unique adjunct to the conservation area for raptor management, recovery, research, and public visitation, in- terpretation, and education. (8) Consistent with requirements of sections 1712 and 1732 of title 43, the Secretary has de- veloped a comprehensive management plan and, based on such plan, has implemented a management program for the public lands in- cluded in the conservation area established by this subchapter. (9) Additional authority and guidance must be provided to assure that essential raptor habitat remains in public ownership, to facili- tate sound and effective planning and manage- ment, to provide for effective public interpre- tation and education, to ensure continued study of the relationship of humans and these raptors, to preserve the unique and irreplace- able habitat of the conservation area, and to conserve and properly manage the other nat- ural resources of the area in concert with maintenance of this habitat. (10) An ongoing research program funded by the Bureau of Land Management and the Na- tional Guard is intended to provide informa- tion to be used in connection with future deci- sionmaking concerning management of all uses, including continued military use, of pub- lic lands within the Snake River Birds of Prey Area. (11) Public lands in the Snake River Birds of Prey Area have been used for domestic live- stock grazing for more than a century, with resultant benefits to community stability and contributions to the local and State econo- mies. It has not been demonstrated that con- tinuation of this use would be incompatible with appropriate protection and sound man- agement of raptor habitat and the other re- source values of these lands; therefore, subject to the determination provided for in section 460iii–3(f) of this title, it is expected that such grazing will continue in accordance with ap- plicable regulations of the Secretary and the management plan for the conservation area. (12) Hydroelectric facilities for the genera- tion and transmission of electricity exist within the Snake River Birds of Prey Area pursuant to a license(s) issued by the Federal Energy Regulatory Commission, or its prede- cessor, the Federal Power Commission. (Pub. L. 103–64, § 1, Aug. 4, 1993, 107 Stat. 302.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 111–11, title II, § 2301(b), Mar. 30, 2009, 123 Stat. 1101, provided that: ‘‘Any reference in a law, map, regu- lation, document, paper, or other record of the United States to the Snake River Birds of Prey National Con- servation Area shall be deemed to be a reference to the Morley Nelson Snake River Birds of Prey National Con- servation Area.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–31, div. G, title IV, § 431(a)(1) [§ 1], May 5, 2017, 131 Stat. 502, 842A–3, provided that: ‘‘This Act [en- acting provisions set out as a note under section 460iii–4 of this title] may be cited as the ‘Morley Nelson Snake River Birds of Prey National Conservation Area Boundary Modification Act of 2017’.’’ § 460iii–1. Definitions As used in this subchapter: (1) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (2) The term ‘‘conservation area’’ means the Morley Nelson Snake River Birds of Prey Na- tional Conservation Area established by sec- tion 460iii–2 of this title. (3) The term ‘‘raptor’’ or ‘‘raptors’’ means individuals or populations of eagles, falcons, owls, hawks, and other birds of prey. (4) The term ‘‘raptor habitat’’ includes the habitat of the raptor prey base as well as the nesting and hunting habitat of raptors within the conservation area. (5) The term ‘‘Memorandum of Under- standing’’ means the Memorandum of Under- standing #ID–237, dated May 1985, between the State of Idaho Military Division and the Bu- reau of Land Management. (6) The term ‘‘Orchard Training Area’’ means that area generally so depicted on the map referred to in section 460iii–2(b) of this title, and as described in the Memorandum of Understanding as well as the air space over the same. (7) The term ‘‘Impact Area’’ means that area which was used for the firing of live artillery projectiles and is used for live fire ranges of all types and, therefore, poses a danger to pub- lic safety and which is generally so depicted on the map referred to in section 460iii–2(b) of this title. (8) The term ‘‘Artillery Impact Area’’ means that area within the Impact Area into which live projectiles are fired, which is generally described as that area labeled as such on the map referred to in section 460iii–2(b) of this title. (9) The term ‘‘the plan’’ means the com- prehensive management plan developed for the conservation area, dated August 30, 1985, to-