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16 U.S.C. § 460xxx — Beaver Dam Wash National Conserva-

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460xxx — Beaver Dam Wash National Conserva-

Page 870 TITLE 16—CONSERVATION § 460xxx 1 So in original. Probably should be ‘‘is’’. (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 pur- poses described in subsection (a). (5) Wildland fire operations Nothing in this section prohibits the Sec- retary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Na- tional 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 Manage- ment 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(1) In general Subject to valid existing rights, all Federal land located in the National Conservation Area are 1 withdrawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patenting under the mining laws; and (C)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, min- eral 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 with- drawn 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 author- ization of the development of utilities within the National Conservation

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Stable record: federal_law:legal_authorities:usc2024-0b95dafc478154ae35a90e69
Source file: Laws/federal/codes/united-states-code-2024/title-16/section-460xxx-beaver-dam-wash-national-conserva--4f3b7828b7.md
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Source location: USCODE-2024-title16-chap1-subchapCXXXV-sec460xxx.pdf

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Page 870 TITLE 16—CONSERVATION § 460xxx 1 So in original. Probably should be ‘‘is’’. (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 pur- poses described in subsection (a). (5) Wildland fire operations Nothing in this section prohibits the Sec- retary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Na- tional 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 Manage- ment 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, min- eral 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 with- drawn 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 author- ization of the development of utilities within the National Conservation Area if the develop- ment is carried out in accordance with— (1) each utility development protocol de- scribed in the habitat conservation plan; and (2) any other applicable law (including regu- lations). (Pub. L. 111–11, title I, § 1974, Mar. 30, 2009, 123 Stat. 1081.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsecs. (e)(1)(B)(i) and (f)(2)(A), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is clas- sified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 111–11, title I, § 1971, Mar. 30, 2009, 123 Stat. 1075, as amended by Pub. L. 111–88, div. A, title IV, § 436, Oct. 30, 2009, 123 Stat. 2965, provided that: ‘‘In this sub- title [subtitle O (§§ 1971–1983) of title I of Pub. L. 111–11, enacting this subchapter, subchapter CXXXV of this chapter, and section 346a–6 of this title, amending sec- tion 1274 of this title, enacting provisions set out as notes under section 1274 of this title and provisions for- merly set out as a note under section 766 of Title 25, In- dians, and enacting provisions listed in a table of Wil- derness Areas set out under section 1132 of this title]: ‘‘(1) BEAVER DAM WASH NATIONAL CONSERVATION AREA MAP.—The term ‘Beaver Dam Wash National Conservation Area Map’ means the map entitled ‘Bea- ver Dam Wash National Conservation Area’ and dated September 20, 2009. ‘‘(2) CANAAN MOUNTAIN WILDERNESS MAP.—The term ‘Canaan Mountain Wilderness Map’ means the map entitled ‘Canaan Mountain Wilderness’ and dated June 21, 2008. ‘‘(3) COUNTY.—The term ‘County’ means Wash- ington County, Utah. ‘‘(4) NORTHEASTERN WASHINGTON COUNTY WILDERNESS MAP.—The term ‘Northeastern Washington County Wilderness Map’ means the map entitled ‘North- eastern Washington County Wilderness’ and dated November 12, 2008. ‘‘(5) NORTHWESTERN WASHINGTON COUNTY WILDER- NESS MAP.—The term ‘Northwestern Washington County Wilderness Map’ means the map entitled ‘Northwestern Washington County Wilderness’ and dated June 21, 2008. ‘‘(6) RED CLIFFS NATIONAL CONSERVATION AREA MAP.—The term ‘Red Cliffs National Conservation Area Map’ means the map entitled ‘Red Cliffs Na- tional Conservation Area’ and dated November 12, 2008. ‘‘(7) SECRETARY.—The term ‘Secretary’ means— ‘‘(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agri- culture; and ‘‘(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. ‘‘(8) STATE.—The term ‘State’ means the State of Utah. ‘‘(9) WASHINGTON COUNTY GROWTH AND CONSERVATION ACT MAP.—The term ‘Washington County Growth and Conservation Act Map’ means the map entitled ‘Washington County Growth and Conservation Act Map’ and dated November 13, 2008.’’ SUBCHAPTER CXXXV—BEAVER DAM WASH NATIONAL CONSERVATION AREA § 460xxx. Beaver Dam Wash National Conserva- tion Area (a) Purpose The purpose of this section is to conserve, pro- tect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, histor- ical, natural, educational, and scientific re- sources of the Beaver Dam Wash National Con- servation Area. (b) Definitions In this section: (1) Management plan The term ‘‘management plan’’ means the management plan for the National Conserva- tion Area developed by the Secretary under subsection (d)(1). Page 871 TITLE 16—CONSERVATION § 460xxx (2) National Conservation Area The term ‘‘National Conservation Area’’ means the Beaver Dam Wash National Con- servation Area that— (A) consists of approximately 68,083 acres of public land in the County, as generally de- picted on the Beaver Dam Wash National Conservation Area Map; and (B) is established by subsection (c). (c) Establishment Subject to valid existing rights, there is estab- lished in the State the Beaver Dam Wash Na- tional Conservation Area. (d) Management plan (1) In general Not later than 3 years after March 30, 2009, and in accordance with paragraph (2), the Sec- retary 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 con- sult with— (A) appropriate State, tribal, and local governmental entities; and (B) members of the public. (3) Motorized vehicles In developing the management plan required under paragraph (1), the Secretary shall incor- porate the restrictions on motorized vehicles described in subsection (e)(3). (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 Manage- ment 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 Sec- retary determines would further the purpose described in subsection (a). (3) Motorized vehicles (A) In general Except in cases in which motorized vehi- cles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conserva- tion Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. (B) Additional requirement relating to cer- tain areas located in the National Con- servation Area 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 ‘‘Des- ignated Road Areas’’, motorized vehicles shall be permitted only on the roads identi- fied on such map. (4) Grazing The grazing of livestock in the National Conservation Area, where established before March 30, 2009, shall be permitted to con- tinue— (A) subject to— (i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and (ii) applicable law (including regula- tions); and (B) in a manner consistent with the pur- pose described in subsection (a). (5) Wildland fire operations Nothing in this section prohibits the Sec- retary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Na- tional 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 Manage- ment 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 is 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, min- eral 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 with- drawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land. (Pub. L. 111–11, title I, § 1975, Mar. 30, 2009, 123 Stat. 1083.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsecs. (e)(1)(B)(i) and (f)(2)(A), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is clas- sified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. Page 872 TITLE 16—CONSERVATION § 460yyy Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 1971 of Pub. L. 111–11, set out as a note under sec- tion 460www of this title. SUBCHAPTER CXXXVI—FORT STANTON- SNOWY RIVER CAVE NATIONAL CON- SERVATION AREA § 460yyy. Definitions In this subchapter: (1) Conservation Area The term ‘‘Conservation Area’’ means the Fort Stanton-Snowy River Cave National Con- servation Area established by section 460yyy–1(a) of this title. (2) Management plan The term ‘‘management plan’’ means the management plan developed for the Conserva- tion Area under section 460yyy–2(c) of this title. (3) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (Pub. L. 111–11, title II, § 2201, Mar. 30, 2009, 123 Stat. 1099.) § 460yyy–1. Establishment of the Fort Stanton- Snowy River Cave National Conservation Area (a) Establishment; purposes There is established the Fort Stanton-Snowy River Cave National Conservation Area in Lin- coln County, New Mexico, to protect, conserve, and enhance the unique and nationally impor- tant historic, cultural, scientific, archae- ological, natural, and educational subterranean cave resources of the Fort Stanton-Snowy River cave system. (b) Area included The Conservation Area shall include the area within the boundaries depicted on the map enti- tled ‘‘Fort Stanton-Snowy River Cave National Conservation Area’’ and dated December 15, 2008. (c) Map and legal description (1) In general As soon as practicable after March 30, 2009, the Secretary shall submit to Congress a map and legal description of the Conservation Area. (2) Effect The map and legal description of the Con- servation Area shall have the same force and effect as if included in this subchapter, except that the Secretary may correct any minor er- rors in the map and legal description. (3) Public availability The map and legal description of the Con- servation Area shall be available for public in- spection in the appropriate offices of the Bu- reau of Land Management. (Pub. L. 111–11, title II, § 2202, Mar. 30, 2009, 123 Stat. 1099.) § 460yyy–2. Management of the Conservation Area (a) Management (1) In general The Secretary shall manage the Conserva- tion 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 Manage- ment 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 appro- priate public uses of the Conservation Area; (B) public access, as appropriate, while providing for the protection of the cave re- sources 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 Environ- mental 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 col- leges, universities, schools, scientific insti- tutions, researchers, and scientists to con- duct research and provide educational and interpretive services within the Conserva- tion Area. (b) Withdrawals Subject to valid existing rights, all Federal surface and subsurface land within the Con- servation Area and all land and interests in the land that are acquired by the United States after March 30, 2009, for inclusion in the Con- servation Area, are withdrawn from— (1) all forms of entry, appropriation, or dis- posal 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. (c) Management plan (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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460xxx — Beaver Dam Wash National Conservation Area

**(a) Purpose** 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. **(b) Definitions** In this section: (1) **Management plan** — The term “management plan” means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1). (2) **National Conservation Area** — The term “National Conservation Area” means the Beaver Dam Wash National Conservation Area that— (A) 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 (B) is established by subsection (c). **(c) Establishment** Subject to valid existing rights, there is established in the State the Beaver Dam Wash 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) **Motorized vehicles** — In developing the management plan required under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles described in subsection (e)(3). **(e) Management** (1) **In general** — The Secretary shall manage the National Conservation Area— (A) in a manner that conserves, protects, a

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1701 — Congressional declaration of policy

**(a)** The Congress declares that it is the policy of the United States that— (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act; (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking; (6) judicial review of public land adjudication decisions be provided by law; (7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law; (8) the public lands be managed in a manner t

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1701 — Congressional declaration of policy

Page 527 TITLE 43—PUBLIC LANDS § 1701 Sec. 1782. Bureau of Land Management Wilderness Study. 1783. Yaquina Head Outstanding Natural Area. 1784. Lands in Alaska; designation as wilderness; management by Bureau of Land Manage- ment pending Congressional action. 1785. Fossil Forest Research Natural Area. 1786. Piedras Blancas Historic Light Station. 1787. Jupiter Inlet Lighthouse Outstanding Natural Area. SUBCHAPTER I—GENERAL PROVISIONS § 1701. Congressional declaration of policy (a) The Congress declares that it is the policy of the United States that— (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular par- cel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are peri- odically and systematically inventoried and their present and future use is projected through a land use planning process coordi- nated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be re- viewed in accordance with the provisions of this Act; (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified pur- poses and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after con- sidering the v

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