Title 16 — Conservation
Chapter 1 — National Parks, Military Parks, Monuments, and Seashores
§ 460www. Red Cliffs National Conservation Area
Statutory text
Purposes
The purposes of this section are—
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 National Conservation Area; and
to protect each species that is—
located in the National Conservation Area; and
listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 1533(c)(1) of this title.
Definitions
In this section:
Habitat conservation plan
The term “habitat conservation plan” means the conservation plan entitled “Washington County Habitat Conservation Plan” and dated .
Management plan
The term “management plan” means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).
National Conservation Area
The term “National Conservation Area” means the Red Cliffs National Conservation Area that—
consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and
is established by subsection (c).
Public use plan
The term “public use plan” means the use plan entitled “Red Cliffs Desert Reserve Public Use Plan” and dated , as amended.
Resource management plan
The term “resource management plan” means the management plan entitled “St. George Field Office Resource Management Plan” and dated , as amended.
Establishment
Subject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area.
Management plan
In general
Not later than 3 years after , and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.
Consultation
In developing the management plan required under paragraph (1), the Secretary shall consult with—
appropriate State, tribal, and local governmental entities; and
members of the public.
Incorporation of plans
In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of—
the habitat conservation plan;
the resource management plan; and
the public use plan.
Management
In general
The Secretary shall manage the National Conservation Area—
in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and
in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
this section; and
any other applicable law (including regulations).
Uses
The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).
Motorized vehicles
Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.
Grazing
The grazing of livestock in the National Conservation Area, where established before , shall be permitted to continue—
subject to—
such reasonable regulations, policies, and practices as the Secretary considers necessary; and
applicable law; and
in a manner consistent with the purposes described in subsection (a).
Wildland fire operations
Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.
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—
become part of the National Conservation Area; and
be managed in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
this section; and
any other applicable law (including regulations).
Withdrawal
In general
Subject to valid existing rights, all Federal land located in the National Conservation Area are 1 withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patenting under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Additional land
If the Secretary acquires additional land that is located in the National Conservation Area after , the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.
Effect
Nothing in this section prohibits the authorization of the development of utilities within the National Conservation Area if the development is carried out in accordance with—
each utility development protocol described in the habitat conservation plan; and
any other applicable law (including regulations).
Footnotes
- 1 So in original. Probably should be “is”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Omnibus Public Land Management Act of 2009
Pub. L. 111–11 title I § 1974 · 123 Stat. 991
Enacted · 16 U.S.C. § 460www
(Pub. L. 111–11, title I, § 1974, Mar. 30, 2009, 123 Stat. 1081.)
Source evidence
Code source credit
(Pub. L. 111–11, title I, § 1974, Mar. 30, 2009, 123 Stat. 1081.)Enacted provision · exact public law section
SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA. (a) Purposes.— The purposes of this section are— (1) 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 National Conservation Area; and (2) to protect each species that is— (A) located in the National Conservation Area; and (B) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)). (b) Definitions.— In this section: (1) Habitat conservation plan.— The term “habitat conservation plan” means the conservation plan entitled “Washington County Habitat Conservation Plan” and dated February 23, 1996. (2) Management plan.— The term “management plan” means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1). (3) National conservation area.— The term “National Conservation Area” means the Red Cliffs National Conservation Area that— (A) consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and (B) is established by subsection (c). (4) Public use plan.— The term “public use plan” means the use plan entitled “Red Cliffs Desert Reserve Public Use Plan” and dated June 12, 2000, as amended. (5) Resource management plan.— The term “resource management plan” means the management plan entitled “St. George Field Office Resource Management Plan” and dated March 15, 1999, as amended. (c) Establishment.— Subject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area. (d) Management Plan.— (1) In general.— Not later than 3 years after the date of enactment of this Act 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) Incorporation of plans.— In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of— (A) the habitat conservation plan; (B) the resource management plan; and (C) the public use plan. (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 Management 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 Secretary determines would further a purpose described in subsection (a). (3) Motorized vehicles.— Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. (4) Grazing.— The grazing of livestock in the National Conservation Area, where established before the date of enactment of this Act, shall be permitted to continue— (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 purposes described in subsection (a). (5) Wildland fire operations.— Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National 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 Management 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 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, mineral materials, and geothermal leasing laws. (2) Additional land.— If the Secretary acquires additional land that is located in the National Conservation Area after the date of enactment of this Act, the land is withdrawn 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 authorization of the development of utilities within the National Conservation Area if the development is carried out in accordance with— (1) each utility development protocol described in the habitat conservation plan; and (2) any other applicable law (including regulations).
1 of 1 references resolved to an enrolled provision
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, , 90 Stat. 2743, which is classified 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, , 123 Stat. 1075, as amended by Pub. L. 111–88, div. A, title IV, § 436, , 123 Stat. 2965, provided that:
“In this subtitle [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 section 1274 of this title, enacting provisions set out as notes under section 1274 of this title and provisions formerly set out as a note under section 766 of Title 25, Indians, and enacting provisions listed in a table of Wilderness 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 ‘Beaver Dam Wash National Conservation Area’ and dated .
“(2) Canaan mountain wilderness map.—
The term ‘Canaan Mountain Wilderness Map’ means the map entitled ‘Canaan Mountain Wilderness’ and dated .
“(3) County.—
The term ‘County’ means Washington County, Utah.
“(4) Northeastern washington county wilderness map.—
The term ‘Northeastern Washington County Wilderness Map’ means the map entitled ‘Northeastern Washington County Wilderness’ and dated .
“(5) Northwestern washington county wilderness map.—
The term ‘Northwestern Washington County Wilderness Map’ means the map entitled ‘Northwestern Washington County Wilderness’ and dated .
“(6) Red cliffs national conservation area map.—
The term ‘Red Cliffs National Conservation Area Map’ means the map entitled ‘Red Cliffs National Conservation Area’ and dated .
“(7) Secretary.—
The term ‘Secretary’ means—
“(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; 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 .”