16 U.S.C. § 460eeee — Vinagre Wash Special Management

Page 885 TITLE 16—CONSERVATION § 460eeee 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(2)(B), 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. § 460dddd–2. San Rafael Swell Recreation Area Advisory Council (a) Establishment Not later than 180 days after March 12, 2019, the Secretary shall establish an advisory coun- cil, to be known as the ‘‘San Rafael Swell Recre- ation Area Advisory Council’’. (b) Duties The Council shall advise the Secretary with respect to the preparation and implementation of the Management Plan for the Recreation Area. (c) Applicable law The Council shall be subject to— (1) the Federal Advisory Committee Act (5 U.S.C. App.); 1 and (2) section 1739 of title 43. (d) Members The Council shall include 7 members, to be ap- pointed by the Secretary, of whom, to the max- imum extent practicable— (1) 1 member shall represent the Emery County Commission; (2) 1 member shall represent motorized rec- reational users; (3) 1 member shall represent nonmotorized recreational users; (4) 1 member shall represent permittees holding grazing allotments within the Recre- ation Area or wilderness areas designated in this part; (5) 1 member shall represent conservation organizations; (6) 1 member shall have expertise in the his- torical uses of the Recreation Area; and (7) 1 member shall be appointed from the elected leadership of a Federally recognized Indian Tribe that has significant cultural or historical connections to, and expertise in, the landscape, archeological sites, or cultural sites within the County. (Pub. L. 116–9, title I, § 1223, Mar. 12, 2019, 133 Stat. 670.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (c)(1), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. This part, referred to in subsec. (d)(4), is part II (§§ 1211–1255) of subtitle C of title I of Pub. L. 116–9, Mar. 12, 2019, 133 Stat. 667, which enacted this subchapter, amended section 1274 of this title, enacted provisions set out as notes under section 1274 of this title, and en- acted provisions listed in a table of Wilderness Areas set out under section 1132 of this title and in a table of National Monuments set out under section 320301 of Title 54, National Parks Service and Related Programs. SUBCHAPTER CXLII—VINAGRE WASH SPECIAL MANAGEMENT AREA § 460eeee. Vinagre Wash Special Management Area (a) Definitions In this section: (1) Management area The term ‘‘Management Area’’ means the Vinagre Wash Special Management Area es- tablished by subsection (b). (2) Map The term ‘‘map’’ means the map entitled ‘‘Proposed Vinagre Wash Special Management Area and Proposed Wilderness’’ and dated De- cember 4, 2018. (3) Public land The term ‘‘public land’’ has the meaning given the term ‘‘public lands’’ in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (4) State The term ‘‘State’’ means the State of Cali- fornia. (b) Establishment There is established the Vinagre Wash Special Management Area in the State, to be managed by the Secretary. (c) Purpose The purpose of the Management Area is to conserve, protect, and enhance— (1) the plant and wildlife values of the Man- agement Area; and (2) the outstanding and nationally signifi- cant ecological, geological, scenic, rec- reational, archaeological, cultural, historic, and other resources of the Management Area. (d) Boundaries The Management Area shall consist of the public land in Imperial County, California, com- prising approximately 81,880 acres, as generally depicted on the map as ‘‘Proposed Special Man- agement Area’’. (e) Map; legal description (1) In general As soon as practicable, but not later than 3 years, after March 12, 2019, the Secretary shall submit a map and legal description of the Management Area to— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Effect The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this section, except Page 886 TITLE 16—CONSERVATION § 460eeee that the Secretary may correct any errors in the map and legal description. (3) Availability Copies of the map submitted under para- graph (1) shall be on file and available for pub- lic inspection in the appropriate offices of the Bureau of Land Management. (f) Management (1) In general The Secretary shall manage the Manage- ment Area— (A) in a manner that conserves, protects, and enhances the purposes for which the Management Area is established; and (B) in accordance with— (i) this section; (ii) the Federal Land Policy and Manage- ment Act of 1976 (43 U.S.C. 1701 et seq.); and (iii) other applicable laws. (2) Uses The Secretary shall allow only those uses that are consistent with the purposes of the Management Area, including hiking, camping, hunting, and sightseeing and the use of motor- ized vehicles, mountain bikes, and horses on designated routes in the Management Area in a manner that— (A) is consistent with the purpose of the Management Area described in subsection (c); (B) ensures public health and safety; and (C) is consistent with all applicable laws (including regulations), including the Desert Renewable Energy Conservation Plan. (3) Off-highway vehicle use (A) In general Subject to subparagraphs (B) and (C) and all other applicable laws, the use of off-high- way vehicles shall be permitted on routes in the Management Area as generally depicted on the map. (B) Closure The Secretary may close or permanently reroute a portion of a route described in sub- paragraph (A)— (i) to prevent, or allow for restoration of, resource damage; (ii) to protect Tribal cultural resources, including the resources identified in the Tribal cultural resources management plan developed under section 410aaa–75(d) of this title; (iii) to address public safety concerns; or (iv) as otherwise required by law. (C) Designation of additional routes During the 3-year period beginning on March 12, 2019, the Secretary— (i) shall accept petitions from the public regarding additional routes for off-high- way vehicles; and (ii) may designate additional routes that the Secretary determines— (I) would provide significant or unique recreational opportunities; and (II) are consistent with the purposes of the Management Area. (4) Withdrawal Subject to valid existing rights, all Federal land within the Management Area is with- drawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) right-of-way, leasing, or disposition under all laws relating to— (i) minerals and mineral materials; or (ii) solar, wind, and geothermal energy. (5) No buffer zone The establishment of the Management Area shall not— (A) create a protective perimeter or buffer zone around the Management Area; or (B) preclude uses or activities outside the Management Area that are permitted under other applicable laws, even if the uses or ac- tivities are prohibited within the Manage- ment Area. (6) Notice of available routes The Secretary shall ensure that visitors to the Management Area have access to adequate notice relating to the availability of des- ignated routes in the Management Area through— (A) the placement of appropriate signage along the designated routes; (B) the distribution of maps, safety edu- cation materials, and other information that the Secretary determines to be appropriate; and (C) restoration of areas that are not des- ignated as open routes, including vertical mulching. (7) Stewardship The Secretary, in consultation with Indian Tribes and other interests, shall develop a pro- gram to provide opportunities for monitoring and stewardship of the Management Area to minimize environmental impacts and prevent resource damage from recreational use, in- cluding volunteer assistance with— (A) route signage; (B) restoration of closed routes; (C) protection of Management Area re- sources; and (D) recreation education. (8) Protection of tribal cultural resources Not later than 2 years after March 12, 2019, the Secretary, in accordance with chapter 2003 of title 54 and any other applicable law, shall— (A) prepare and complete a Tribal cultural resources survey of the Management Area; and (B) consult with the Quechan Indian Na- tion and other Indian Tribes demonstrating ancestral, cultural, or other ties to the re- sources within the Management Area on the development and implementation of the Tribal cultural resources survey under sub- paragraph (A). (9) Military use The Secretary may authorize use of the non- wilderness portion of the Management Area by Page 887 TITLE 16—CONSERVATION § 460ffff–1 the Secretary of the Navy for Naval Special Warfare Tactical Training, including long- range small unit training and navigation, ve- hicle concealment, and vehicle sustainment training, consistent with this section and other applicable laws. (Pub. L. 103–433, title I, § 109, as added Pub. L. 116–9, title I, § 1421, Mar. 12, 2019, 133 Stat. 696.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (f)(1)(B)(ii), 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. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Section 103 of Pub. L. 103–433 provided in part that in this subchapter ‘‘Secretary’’ means the Secretary of the Interior. SUBCHAPTER CXLIII—ALABAMA HILLS NATIONAL SCENIC AREA § 460ffff. Definitions In this subchapter: (1) Management plan The term ‘‘management plan’’ means the management plan for the Scenic Area devel- oped under section 460ffff–2(a) of this title. (2) Map The term ‘‘Map’’ means the map entitled ‘‘Proposed Alabama Hills National Scenic Area’’ and dated November 7, 2018. (3) Motorized vehicle The term ‘‘motorized vehicle’’ means a mo- torized or mechanized vehicle and includes, when used by a utility, mechanized equip- ment, a helicopter, and any other aerial device necessary to maintain electrical or commu- nications infrastructure. (4) Scenic area The term ‘‘Scenic Area’’ means the Alabama Hills National Scenic Area established by sec- tion 460ffff–1(a) of this title. (5) State The term ‘‘State’’ means the State of Cali- fornia. (6) Tribe The term ‘‘Tribe’’ means the Lone Pine Pai- ute-Shoshone Tribe. (Pub. L. 103–433, title XIV, § 1401, as added Pub. L. 116–9, title I, § 1441, Mar. 12, 2019, 133 Stat. 706.) § 460ffff–1. Alabama Hills National Scenic Area, California (a) Establishment Subject to valid existing rights, there is estab- lished in Inyo County, California, the Alabama Hills National Scenic Area, to be comprised of the approximately 18,610 acres generally de- picted on the Map as ‘‘National Scenic Area’’. (b) Purpose The purpose of the Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, geologi- cal, educational, biological, historical, rec- reational, cinematographic, and scientific re- sources of the Scenic Area managed consistent with section 302(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(a)). (c) Map; legal descriptions (1) In general As soon as practicable after March 12, 2019, the Secretary shall file a map and a legal de- scription of the Scenic Area with— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law The map and legal descriptions filed under paragraph (1) shall have the same force and ef- fect as if included in this subchapter, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions. (3) Public availability Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management. (d) Administration The Secretary shall manage the Scenic Area— (1) as a component of the National Land- scape Conservation System; (2) so as not to impact the future continuing operation and maintenance of any activities associated with valid, existing rights, includ- ing water rights; (3) in a manner that conserves, protects, and enhances the resources and values of the Sce- nic Area described in subsection (b); and (4) in accordance with— (A) the Federal Land Policy and Manage- ment Act of 1976 (43 U.S.C. 1701 et seq.); (B) this subchapter; and (C) any other applicable laws. (e) Management (1) In general The Secretary shall allow only such uses of the Scenic Area as the Secretary determines would further the purposes of the Scenic Area as described in subsection (b). (2) Recreational activities Except as otherwise provided in this sub- chapter or other applicable law, or as the Sec- retary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate au- thorized motorized vehicle use in accordance with paragraph (3).