16 USC 460 - No buffer zones

Collapse to view only § 460ccc-9. No buffer zones

§ 460ccc. Definitions
§ 460ccc-1. Establishment
§ 460ccc-2. Management
§ 460ccc-3. Management plan
§ 460ccc-4. Acquisitions
§ 460ccc-5. Withdrawal; exchange of lands
§ 460ccc-6. Cooperative agreements
§ 460ccc-7. Coordinated management
§ 460ccc-8. Water
§ 460ccc-9. No buffer zones
§ 460ccc-10. Authorization of appropriations

§ 460ccc. Definitions

For the purposes of this subchapter, the term—

(a) “conservation area” means the Red Rock Canyon National Conservation Area established pursuant to section 460ccc–1 of this title;

(b) “public lands” has the meaning stated in section 1702(e) of title 43; and

(Pub. L. 101–621, § 2, Nov. 16, 1990, 104 Stat. 3342.)

§ 460ccc–1. Establishment

(a) In general

(1) In order to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the area in southern Nevada containing and surrounding the Red Rock Canyon and the unique and nationally important geologic, archeological, ecological, cultural, scenic, scientific, wildlife, riparian, wilderness, endangered species, and recreation resources of the public lands therein contained, there is established the Red Rock Canyon National Conservation Area.

(2) The conservation area shall consist of approximately 195,780 acres as generally depicted on the map entitled “Red Rock Canyon National Conservation Area Administrative Boundary Modification”, dated August 8, 1996, and such additional areas as are included in the conservation area pursuant to the Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002.

(3) The map referred to in paragraph (2) shall be on file and available for inspection in the appropriate offices of the Bureau of Land Management, Department of the Interior.

(b) Legal description

(1) As soon as practicable after November 16, 1990, the Secretary shall file a legal description of the conservation area established by subsection (a) with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives, and such legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographic errors in 1

1 So in original. Probably should be “in the”.

legal description.

(2) The legal description described in paragraph (1) shall be on file and available for public inspection in the office of the Director of the Bureau of Land Management, Department of the Interior.

(Pub. L. 101–621, § 3, Nov. 16, 1990, 104 Stat. 3342; Pub. L. 103–450, § 1, Nov. 2, 1994, 108 Stat. 4766; Pub. L. 105–263, § 8, Oct. 19, 1998, 112 Stat. 2349; Pub. L. 107–282, title I, § 105(c), Nov. 6, 2002, 116 Stat. 1998.)

§ 460ccc–2. Management

(a) In general

(b) Hunting

(1) Subject to paragraph (2), the Secretary shall permit hunting within the conservation area in accordance with the laws of the State of Nevada.

(2) The Secretary, after consultation with the Nevada Department of Wildlife, may issue regulations designating zones where and establishing when hunting shall not be permitted for reasons of public safety, administration, or public use and enjoyment.

(d) Mechanized vehicles

(e) Limits on visitation and use

(Pub. L. 101–621, § 4, Nov. 16, 1990, 104 Stat. 3343.)

§ 460ccc–3. Management plan

(a) In general

(1) No later than January 1, 1997, the Secretary shall develop and transmit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, a general management plan for the conservation area, which shall describe the appropriate uses and development of the conservation area consistent with the purposes of this subchapter.

(2) The management plan described in paragraph (1) shall be developed with full public participation and shall include—

(A) an implementation plan for a continuing program of interpretation and public education about the resources and values of the conservation area;

(B) a proposal for administrative and public facilities to be developed, expanded, or improved for the conservation area including the Red Rock Canyon visitors center, to accommodate visitors to the conservation area;

(C) a cultural resources management plan for the conservation area prepared in consultation with the Nevada State Historic Preservation Officer, with emphasis on the preservation of the resources in the conservation area and the interpretive, educational, and long-term scientific uses of these resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act 1

1 See References in Text note below.

within the conservation area;

(D) a wildlife resource management plan for the conservation area prepared in consultation with appropriate departments of the State of Nevada and using previous studies of the area; and

(E) a recreation management plan, including nonmotorized dispersed recreation opportunities for the conservation area in consultation with appropriate departments of the State of Nevada.

(b) Wilderness study areas

(Pub. L. 101–621, § 5, Nov. 16, 1990, 104 Stat. 3343; Pub. L. 103–437, § 6(d)(23), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 103–450, § 2(a), Nov. 2, 1994, 108 Stat. 4766.)

§ 460ccc–4. Acquisitions

(a) In general

(1) Within the conservation area, and subject to the provisions of this section, the Secretary is authorized to acquire lands, interests in lands, and associated water rights, by donation, purchase, exchange for Federal lands outside the conservation area, or transfer from another Federal agency with the concurrence of the head of the appropriate agency thereof.

(2) No privately owned lands, interests in lands, or associated water rights, may be acquired without the consent of the owner thereof unless the Secretary determines that, in his judgment, the property is subject to, or threatened with, uses which are having, or would have, an adverse impact on the resource values for which the conservation area was established.

(3) Any lands, waters, or interests therein within the boundaries of the conservation area which after November 16, 1990, may be acquired by the United States shall be incorporated into the conservation area and be managed accordingly, and all provisions of this subchapter and other laws applicable to conservation areas shall apply to such incorporated lands.

(b) Land exchanges

(Pub. L. 101–621, § 6, Nov. 16, 1990, 104 Stat. 3344; Pub. L. 110–161, div. F, title I, § 120, Dec. 26, 2007, 121 Stat. 2121.)

§ 460ccc–5. Withdrawal; exchange of lands

(a) Except as specifically authorized in this subchapter, and subject to valid existing rights, all Federal lands within the conservation area and all lands and interests therein which are acquired by the United States after November 16, 1990, for inclusion in the conservation area are withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, and from operation under the mineral leasing and geothermal leasing laws, and all amendments thereto.

(b) The Secretary may transfer to the owner of the Old Nevada recreation facility the approximately 20 acres of Federal lands within the conservation area which, on March 1, 1994, were used to provide parking for visitors to such facility, in exchange for lands of equal or greater value within the conservation area acceptable to the Secretary.

(Pub. L. 101–621, § 7, Nov. 16, 1990, 104 Stat. 3344; Pub. L. 103–450, § 2(b), Nov. 2, 1994, 108 Stat. 4766.)

§ 460ccc–6. Cooperative agreements

In order to encourage unified and cost-effective management and interpretation of natural and cultural resources in the conservation area, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State, and local agencies and nonprofit entities providing for the management and interpretation of natural and cultural resources in the conservation area.

(Pub. L. 101–621, § 8, Nov. 16, 1990, 104 Stat. 3345.)

§ 460ccc–7. Coordinated management

The Secretary shall coordinate the management of the conservation area with that of surrounding State and Federal lands in such a manner as best to meet the present and future needs of the American people.

(Pub. L. 101–621, § 9, Nov. 16, 1990, 104 Stat. 3345.)

§ 460ccc–8. Water

(a) Reservation of rights

(b) Priority date of reservation

(d) Effect on previously secured rights

(e) Scope and construction of rights

(Pub. L. 101–621, § 10, Nov. 16, 1990, 104 Stat. 3345; Pub. L. 103–450, § 2(c), Nov. 2, 1994, 108 Stat. 4766.)

§ 460ccc–9. No buffer zones

The Congress does not intend for the establishment of the conservation area to lead to the creation of protective perimeters or buffer zones around the conservation area. The fact that there may be activities or uses on lands outside the conservation area that would not be permitted in the conservation area shall not preclude such activities or uses on such lands up to the boundary of the conservation area to the extent consistent with other applicable law.

(Pub. L. 101–621, § 11, Nov. 16, 1990, 104 Stat. 3345.)

§ 460ccc–10. Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subchapter.

(Pub. L. 101–621, § 12, Nov. 16, 1990, 104 Stat. 3346.)