16 U.S.C. § 460dddd — Establishment of Recreation Area

Page 883 TITLE 16—CONSERVATION § 460dddd (u) Research and interpretive management The Secretary may establish programs and projects for the conduct of scientific, historical, cultural, archeological, and natural studies through the use of public and private partner- ships that further the purposes of the National Conservation Area. (Pub. L. 116–9, title I, § 1118, Mar. 12, 2019, 133 Stat. 627.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (e)(2)(A), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified prin- cipally 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. PRIOR PROVISIONS A prior section 460cccc, Pub. L. 115–141, div. G, title I, § 121(a)(2), Mar. 23, 2018, 132 Stat. 661, which related to Ste. Genevieve National Historical Park, was trans- ferred to section 410xxx of this title. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of the Inte- rior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of this title. SUBCHAPTER CXLI—SAN RAFAEL SWELL RECREATION AREA § 460dddd. Establishment of Recreation Area (a) Establishment (1) In general Subject to valid existing rights, there is es- tablished the San Rafael Swell Recreation Area in the State. (2) Area included The Recreation Area shall consist of ap- proximately 216,995 acres of Federal land man- aged by the Bureau of Land Management, as generally depicted on the Map. (b) Purposes The purposes of the Recreation Area are to provide for the protection, conservation, and en- hancement of the recreational, cultural, nat- ural, scenic, wildlife, ecological, historical, and educational resources of the Recreation Area. (c) Map and legal description (1) In general As soon as practicable after March 12, 2019, the Secretary shall file a map and legal de- scription of the Recreation Area with the Committee on Natural Resources of the House of Representatives and the Committee on En- ergy and Natural Resources of the Senate. (2) Effect The map and legal description filed under paragraph (1) shall have the same force and ef- fect as if included in this subchapter, except that the Secretary may correct clerical and typographical errors in the map and legal de- scription. (3) Public availability A copy of the map and legal description filed under paragraph (1) shall be on file and avail- able for public inspection in the appropriate offices of the Bureau of Land Management. (Pub. L. 116–9, title I, § 1221, Mar. 12, 2019, 133 Stat. 668.) Statutory Notes and Related Subsidiaries EMERY COUNTY PUBLIC LAND MANAGEMENT Pub. L. 116–9, title I, §§ 1211–1214, Mar. 12, 2019, 133 Stat. 667, provided that: ‘‘SEC. 1211. DEFINITIONS. ‘‘In this part [part II (§§ 1211–1255) of subtitle C of title I of Pub. L. 116–9, enacting this subchapter, amending section 1274 of this title, enacting provisions set out as a note under section 1274 of this title, and enacting pro- visions listed in a table of Wilderness Areas set out under section 1132 of this title and in a table of Na- tional Monuments set out under section 320301 of Title 54, National Parks Service and Related Programs]: ‘‘(1) COUNCIL.—The term ‘Council’ means the San Rafael Swell Recreation Area Advisory Council es- tablished under section 1223(a) [16 U.S.C. 460dddd–2(a)]. ‘‘(2) COUNTY.—The term ‘County’ means Emery County in the State. ‘‘(3) MANAGEMENT PLAN.—The term ‘Management Plan’ means the management plan for the Recreation Area developed under section 1222(c) [16 U.S.C. 460dddd–1(c)]. ‘‘(4) MAP.—The term ‘Map’ means the map entitled ‘Emery County Public Land Management Act of 2018 Overview Map’ and dated February 5, 2019. ‘‘(5) RECREATION AREA.—The term ‘Recreation Area’ means the San Rafael Swell Recreation Area estab- lished by section 1221(a)(1) [16 U.S.C. 460dddd(a)(1)]. ‘‘(6) SECRETARY.—The term ‘Secretary’ means— ‘‘(A) the Secretary [of the Interior], with respect to public land administered by the Bureau of Land Management; and ‘‘(B) the Secretary of Agriculture, with respect to National Forest System land. ‘‘(7) STATE.—The term ‘State’ means the State of Utah. ‘‘(8) WILDERNESS AREA.—The term ‘wilderness area’ means a wilderness area designated by section 1231(a) [enacting provisions listed in a table of Wilderness Areas set out under section 1132 of this title]. ‘‘SEC. 1212. ADMINISTRATION. ‘‘Nothing in this part affects or modifies— ‘‘(1) any right of any federally recognized Indian Tribe; or ‘‘(2) any obligation of the United States to any fed- erally recognized Indian Tribe. ‘‘SEC. 1213. EFFECT ON WATER RIGHTS. ‘‘Nothing in this part— ‘‘(1) affects the use or allocation, in existence on the date of enactment of this Act [Mar. 12, 2019], of any water, water right, or interest in water; ‘‘(2) affects any water right (as defined by applica- ble State law) in existence on the date of enactment of this Act, including any water right held by the United States; ‘‘(3) affects any interstate water compact in exist- ence on the date of enactment of this Act; ‘‘(4) shall be considered to be a relinquishment or reduction of any water rights reserved or appro- priated by the United States in the State on or before the date of enactment of this Act; or ‘‘(5) affects the management and operation of Flam- ing Gorge Dam and Reservoir, including the storage, management, and release of water. ‘‘SEC. 1214. SAVINGS CLAUSE. ‘‘Nothing in this part diminishes the authority of the Secretary under Public Law 92–195 (commonly known Page 884 TITLE 16—CONSERVATION § 460dddd–1 as the ‘Wild Free-Roaming Horses and Burros Act’) (16 U.S.C. 1331 et seq.).’’ § 460dddd–1. Management of Recreation Area (a) In general The Secretary shall administer the Recreation Area— (1) in a manner that conserves, protects, and enhances the purposes for which the Recre- ation Area is established; and (2) in accordance with— (A) this section; (B) the Federal Land Policy and Manage- ment Act of 1976 (43 U.S.C. 1701 et seq.); and (C) other applicable laws. (b) Uses The Secretary shall allow only uses of the Recreation Area that are consistent with the purposes for which the Recreation Area is estab- lished. (c) Management Plan (1) In general Not later than 5 years after March 12, 2019, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Recreation Area. (2) Requirements The Management Plan shall— (A) describe the appropriate uses and man- agement of the Recreation Area; (B) be developed with extensive public input; (C) take into consideration any informa- tion developed in studies of the land within the Recreation Area; and (D) be developed fully consistent with the settlement agreement entered into on Janu- ary 13, 2017, in the case in the United States District Court for the District of Utah styled ‘‘Southern Utah Wilderness Alliance, et al. v. U.S. Department of the Interior, et al.’’ and numbered 2:12–cv–257 DAK. (d) Motorized vehicles; new roads (1) Motorized vehicles Except as needed for emergency response or administrative purposes, the use of motorized vehicles in the Recreation Area shall be per- mitted only on roads and motorized routes designated in the Management Plan for the use of motorized vehicles. (2) New roads No new permanent or temporary roads or other motorized vehicle routes shall be con- structed within the Recreation Area after March 12, 2019. (3) Existing roads (A) In general Necessary maintenance or repairs to exist- ing roads designated in the Management Plan for the use of motorized vehicles, in- cluding necessary repairs to keep existing roads free of debris or other safety hazards, shall be permitted after March 12, 2019, con- sistent with the requirements of this sec- tion. (B) Effect Nothing in this subsection prevents the Secretary from rerouting an existing road or trail to protect Recreation Area resources from degradation or to protect public safety, as determined to be appropriate by the Sec- retary. (e) Grazing (1) In general The grazing of livestock in the Recreation Area, if established before March 12, 2019, shall be allowed to continue, subject to such reason- able regulations, policies, and practices as the Secretary considers to be necessary in accord- ance with— (A) applicable law (including regulations); and (B) the purposes of the Recreation Area. (2) Inventory Not later than 5 years after March 12, 2019, the Secretary, in collaboration with any af- fected grazing permittee, shall carry out an inventory of facilities and improvements asso- ciated with grazing activities in the Recre- ation Area. (f) Cold War sites The Secretary shall manage the Recreation Area in a manner that educates the public about Cold War and historic uranium mine sites in the Recreation Area, subject to such terms and con- ditions as the Secretary considers necessary to protect public health and safety. (g) Incorporation of acquired land and interests Any land or interest in land located within the boundary of the Recreation Area that is ac- quired by the United States after March 12, 2019, shall— (1) become part of the Recreation Area; and (2) be managed in accordance with applicable laws, including as provided in this section. (h) Withdrawal Subject to valid existing rights, all Federal land within the Recreation Area, including any land or interest in land that is acquired by the United States within the Recreation Area after March 12, 2019, is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (i) Study of nonmotorized recreation opportuni- ties Not later than 2 years after March 12, 2019, the Secretary, in consultation with interested par- ties, shall conduct a study of nonmotorized recreation trail opportunities, including bicycle trails, within the Recreation Area, consistent with the purposes of the Recreation Area. (j) Cooperative agreement The Secretary may enter into a cooperative agreement with the State in accordance with section 307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)) and other applicable laws to provide for the protec- tion, management, and maintenance of the Recreation Area. (Pub. L. 116–9, title I, § 1222, Mar. 12, 2019, 133 Stat. 668.)