43 U.S.C. § 1781 — California Desert Conservation Area

Page 585 TITLE 43—PUBLIC LANDS § 1781 1 So in original. Probably should be ‘‘plan’’. ‘‘(2) COMPLIANCE WITH EXISTING LAWS.—Except as provided in paragraph (3), a vegetation management project under the pilot program shall be— ‘‘(A) consistent with the applicable land manage- ment plan for the area in which the project is lo- cated; and ‘‘(B) carried out in accordance with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(3) MODIFICATION OF REGULATIONS.—In order to im- plement the pilot program in an efficient and expedi- tious manner, the Secretary may waive or modify specific provisions of the Federal Acquisition Regula- tion, including waivers or modifications to allow for the formation of contracts or agreements on a non- competitive basis. ‘‘(h) TREATMENT OF PROCEEDS.—Notwithstanding any other provision of law, the Secretary may— ‘‘(1) retain any funds provided to the Forest Service by a participant in the pilot program; and ‘‘(2) use funds retained under paragraph (1), in such amounts as may be appropriated, to carry out the pilot program. ‘‘(i) REPORT TO CONGRESS.—Not later than December 31, 2020, and 2 years thereafter, the Secretary shall sub- mit a report describing the status of the pilot program and vegetation management projects conducted under the pilot program to— ‘‘(1) the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate; and ‘‘(2) the Committees on Agriculture and Natural Resources of the House of Representatives. ‘‘(j) DURATION.—The authority to carry out the pilot program, including any vegetation management project conducted under the pilot program, expires on October 1, 2023.’’ SUBCHAPTER VI—DESIGNATED MANAGEMENT AREAS § 1781. California Desert Conservation Area (a) Congressional findings The Congress finds that— (1) the California desert contains historical, scenic, archeological, environmental, biologi- cal, cultural, scientific, educational, rec- reational, and economic resources that are uniquely located adjacent to an area of large population; (2) the California desert environment is a total ecosystem that is extremely fragile, eas- ily scarred, and slowly healed; (3) the California desert environment and its resources, including certain rare and endan- gered species of wildlife, plants, and fishes, and numerous archeological and historic sites, are seriously threatened by air pollution, in- adequate Federal management authority, and pressures of increased use, particularly rec- reational use, which are certain to intensify because of the rapidly growing population of southern California; (4) the use of all California desert resources can and should be provided for in a multiple use and sustained yield management plant 1 to conserve these resources for future genera- tions, and to provide present and future use and enjoyment, particularly outdoor recre- ation uses, including the use, where appro- priate, of off-road recreational vehicles; (5) the Secretary has initiated a comprehen- sive planning process and established an in- terim management program for the public lands in the California desert; and (6) to insure further study of the relation- ship of man and the California desert environ- ment, preserve the unique and irreplaceable resources, including archeological values, and conserve the use of the economic resources of the California desert, the public must be pro- vided more opportunity to participate in such planning and management, and additional management authority must be provided to the Secretary to facilitate effective implemen- tation of such planning and management. (b) Statement of purpose It is the purpose of this section to provide for the immediate and future protection and admin- istration of the public lands in the California desert within the framework of a program of multiple use and sustained yield, and the main- tenance of environmental quality. (c) Description of Area (1) For the purpose of this section, the term ‘‘California desert’’ means the area generally de- picted on a map entitled ‘‘California Desert Con- servation Area—Proposed’’ dated April 1974, and described as provided in subsection (c)(2). (2) As soon as practicable after October 21, 1976, the Secretary shall file a revised map and a legal description of the California Desert Con- servation Area with the Committees on Interior and Insular Affairs of the United States Senate and the House of Representatives, and such map and description shall have the same force and ef- fect as if included in this Act. Correction of cler- ical and typographical errors in such legal de- scription and a map may be made by the Sec- retary. To the extent practicable, the Secretary shall make such legal description and map avail- able to the public promptly upon request. (d) Preparation and implementation of com- prehensive long-range plan for management, use, etc. The Secretary, in accordance with section 1712 of this title, shall prepare and implement a com- prehensive, long-range plan for the manage- ment, use, development, and protection of the public lands within the California Desert Con- servation Area. Such plan shall take into ac- count the principles of multiple use and sus- tained yield in providing for resource use and development, including, but not limited to, maintenance of environmental quality, rights- of-way, and mineral development. Such plan shall be completed and implementation thereof initiated on or before September 30, 1980. (e) Interim program for management, use, etc. During the period beginning on October 21, 1976, and ending on the effective date of imple- mentation of the comprehensive, long-range plan, the Secretary shall execute an interim program to manage, use, and protect the public lands, and their resources now in danger of de- struction, in the California Desert Conservation Area, to provide for the public use of such lands in an orderly and reasonable manner such as through the development of campgrounds and visitor centers, and to provide for a uniformed desert ranger force. Page 586 TITLE 43—PUBLIC LANDS § 1781a (f) Applicability of mining laws Subject to valid existing rights, nothing in this Act shall affect the applicability of the United States mining laws on the public lands within the California Desert Conservation Area, except that all mining claims located on public lands within the California Desert Conservation Area shall be subject to such reasonable regula- tions as the Secretary may prescribe to effec- tuate the purposes of this section. Any patent issued on any such mining claim shall recite this limitation and continue to be subject to such regulations. Such regulations shall provide for such measures as may be reasonable to pro- tect the scenic, scientific, and environmental values of the public lands of the California Desert Conservation Area against undue impair- ment, and to assure against pollution of the streams and waters within the California Desert Conservation Area. (g) Advisory Committee; establishment; functions (1) The Secretary, within sixty days after Oc- tober 21, 1976, shall establish a California Desert Conservation Area Advisory Committee (herein- after referred to as ‘‘advisory committee’’) in accordance with the provisions of section 1739 of this title. (2) It shall be the function of the advisory committee to advise the Secretary with respect to the preparation and implementation of the comprehensive, long-range plan required under subsection (d) of this section. (h) Management of lands under jurisdiction of Secretary of Agriculture and Secretary of De- fense The Secretary of Agriculture and the Sec- retary of Defense shall manage lands within their respective jurisdictions located in or adja- cent to the California Desert Conservation Area, in accordance with the laws relating to such lands and wherever practicable, in a manner consonant with the purpose of this section. The Secretary, the Secretary of Agriculture, and the Secretary of Defense are authorized and directed to consult among themselves and take coopera- tive actions to carry out the provisions of this subsection, including a program of law enforce- ment in accordance with applicable authorities to protect the archeological and other values of the California Desert Conservation Area and ad- jacent lands. (i) Omitted (j) Authorization of appropriations There are authorized to be appropriated for fiscal years 1977 through 1981 not to exceed $40,000,000 for the purpose of this section, such amount to remain available until expended. (Pub. L. 94–579, title VI, § 601, Oct. 21, 1976, 90 Stat. 2782.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (c)(2) and (f), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Fed- eral Land Policy and Management Act of 1976. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Subsec. (i) of this section, which required the Sec- retary to report annually to Congress on the progress in, and any problems concerning, the implementation of this section, terminated, effective May 15, 2000, pur- suant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the last item on page 107 of House Document No. 103–7. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of the Sen- ate, referred to in subsec. (c)(2), abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Stand- ing Rules of the Senate, as amended by Senate Resolu- tion No. 4 (popularly cited as the ‘‘Committee System Reorganization Amendments of 1977’’), approved Feb. 4, 1977. Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. DESERT LILY SANCTUARY Pub. L. 103–433, title I, § 107, Oct. 31, 1994, 108 Stat. 4483, provided that: ‘‘(a) DESIGNATION.—There is hereby established the Desert Lily Sanctuary within the California Desert Conservation Area, California, of the Bureau of Land Management, comprising approximately two thousand forty acres, as generally depicted on a map entitled ‘Desert Lily Sanctuary’, dated February 1986. The Sec- retary [of the Interior] shall administer the area to provide maximum protection to the desert lily. ‘‘(b) WITHDRAWAL.—Subject to valid existing rights, all Federal lands within the Desert Lily Sanctuary are hereby withdrawn from all forms of entry, appropria- tion, or disposal under the public land laws; from loca- tion, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral mate- rials, and all amendments thereto.’’ DINOSAUR TRACKWAY AREA OF CRITICAL ENVIRONMENTAL CONCERN Pub. L. 103–433, title I, § 108, Oct. 31, 1994, 108 Stat. 4483, provided that: ‘‘(a) DESIGNATION.—There is hereby established the Dinosaur Trackway Area of Critical Environmental Concern within the California Desert Conservation Area, of the Bureau of Land Management, comprising approximately five hundred and ninety acres as gen- erally depicted on a map entitled ‘Dinosaur Trackway Area of Critical Environmental Concern’, dated July 1993. The Secretary [of the Interior] shall administer the area to preserve the paleontological resources with- in the area. ‘‘(b) WITHDRAWAL.—Subject to valid existing rights, the Federal lands within and adjacent to the Dinosaur Trackway Area of Critical Environmental Concern, as generally depicted on a map entitled ‘Dinosaur Trackway Mineral Withdrawal Area’, dated July 1993, are hereby withdrawn from all forms of entry, appro- priation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws per- taining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.’’ § 1781a. Acceptance of donation of certain exist- ing permits or leases (1) During fiscal year 2012 and thereafter, the Secretary of the Interior shall accept the dona-