Collapse to view only § 460mmm-4. Management
- § 460mmm. Findings and purpose
- § 460mmm-1. Definitions
- § 460mmm-2. McInnis Canyons National Conservation Area
- § 460mmm-3. Black Ridge Canyons Wilderness designation
- § 460mmm-4. Management
- § 460mmm-5. Maps and legal descriptions
- § 460mmm-6. Advisory Council
- § 460mmm-7. Public access
§ 460mmm. Findings and purpose
(a) Findings
Congress finds that certain areas located in the Grand Valley in Mesa County, Colorado, and Grand County, Utah, should be protected and enhanced for the benefit and enjoyment of present and future generations. These areas include the following:
(1) The areas making up the Black Ridge and Ruby Canyons of the Grand Valley and Rabbit Valley, which contain unique and valuable scenic, recreational, multiple use opportunities (including grazing), paleontological, natural, and wildlife components enhanced by the rural western setting of the area, provide extensive opportunities for recreational activities, and are publicly used for hiking, camping, and grazing, and are worthy of additional protection as a national conservation area.
(2) The Black Ridge Canyons Wilderness Study Area has wilderness value and offers unique geological, paleontological, scientific, and recreational resources.
(b) Purpose
(Pub. L. 106–353, § 2, Oct. 24, 2000, 114 Stat. 1374; Pub. L. 108–400, § 1(a), Oct. 30, 2004, 118 Stat. 2254.)
§ 460mmm–1. Definitions
In this subchapter:
(1) Conservation Area
(2) Council
(3) Management plan
(4) Map
(5) Secretary
(6) Wilderness
(Pub. L. 106–353, § 3, Oct. 24, 2000, 114 Stat. 1374; Pub. L. 108–400, § 1(b), Oct. 30, 2004, 118 Stat. 2254.)
§ 460mmm–2. McInnis Canyons National Conservation Area
(a) In general
(b) Areas included
(Pub. L. 106–353, § 4, Oct. 24, 2000, 114 Stat. 1375; Pub. L. 108–400, § 1(c), Oct. 30, 2004, 118 Stat. 2254.)
§ 460mmm–3. Black Ridge Canyons Wilderness designation
Certain lands in Mesa County, Colorado, and Grand County, Utah, which comprise approximately 75,550 acres as generally depicted on the Map, are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System. Such component shall be known as the Black Ridge Canyons Wilderness.
(Pub. L. 106–353, § 5, Oct. 24, 2000, 114 Stat. 1375.)
§ 460mmm–4. Management
(a) Conservation AreaThe Secretary shall manage the Conservation Area in a manner that—
(1) conserves, protects, and enhances the resources of the Conservation Area specified in section 460mmm(b) 1
1 So in original. Probably should be section “460mmm(a)”.
of this title; and(2) is in accordance with—
(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) other applicable law, including this subchapter.
(b) Uses
(c) WithdrawalsSubject to valid existing rights, all Federal land within the Conservation Area and the Wilderness and all land and interests in land acquired for the Conservation Area or the Wilderness by the United States are withdrawn from—
(1) all forms of entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto.
Nothing in this subsection shall be construed to affect discretionary authority of the Secretary under other Federal laws to grant, issue, or renew rights-of-way or other land use authorizations consistent with the other provisions of this subchapter.
(d) Off-highway vehicle use
(1) In generalExcept as provided in paragraph (2), use of motorized vehicles in the Conservation Area—
(A) before the effective date of a management plan under subsection (h), shall be allowed only on roads and trails designated for use of motor vehicles in the management plan that applies on October 24, 2000, to the public lands in the Conservation Area; and
(B) after the effective date of a management plan under subsection (h), shall be allowed only on roads and trails designated for use of motor vehicles in that management plan.
(2) Administrative and emergency response use
(e) Wilderness
(f) Hunting, trapping, and fishing
(1) In general
(2) Area and time closures
(g) Grazing
(1) In general
(2) Grazing in wilderness
(h) Management plan
(1) In general
(2) PurposesThe management plan shall—
(A) describe the appropriate uses and management of the Conservation Area and the Wilderness;
(B) take into consideration any information developed in studies of the land within the Conservation Area or the Wilderness;
(C) provide for the continued management of the utility corridor, Black Ridge Communications Site, and the Federal Aviation Administration site as such for the land designated on the Map as utility corridor, Black Ridge Communications Site, and the Federal Aviation Administration site;
(D) take into consideration the historical involvement of the local community in the interpretation and protection of the resources of the Conservation Area and the Wilderness, as well as the Ruby Canyon/Black Ridge Integrated Resource Management Plan, dated March 1998, which was the result of collaborative efforts on the part of the Bureau of Land Management and the local community; and
(E) include all public lands between the boundary of the Conservation Area and the edge of the Colorado River and, on such lands, the Secretary shall allow only such recreational or other uses as are consistent with this subchapter.
(i) No buffer zones
(j) Acquisition of land
(1) In general
(2) Management
(k) Interpretive facilities or sites
(l) Water rights
(1) FindingsCongress finds that—
(A) the lands designated as wilderness by this subchapter are located at the headwaters of the streams and rivers on those lands, with few, if any, actual or proposed water resource facilities located upstream from such lands and few, if any, opportunities for diversion, storage, or other uses of water occurring outside such lands that would adversely affect the wilderness or other values of such lands;
(B) the lands designated as wilderness by this subchapter generally are not suitable for use for development of new water resource facilities, or for the expansion of existing facilities;
(C) it is possible to provide for proper management and protection of the wilderness and other values of such lands in ways different from those utilized in other legislation designating as wilderness lands not sharing the attributes of the lands designated as wilderness by this subchapter.
(2) Statutory construction
(A) Nothing in this subchapter shall constitute or be construed to constitute either an express or implied reservation of any water or water rights with respect to the lands designated as a national conservation area or as wilderness by this subchapter.
(B) Nothing in this subchapter shall affect any conditional or absolute water rights in the State of Colorado existing on October 24, 2000.
(C) Nothing in this subsection shall be construed as establishing a precedent with regard to any future national conservation area or wilderness designations.
(D) Nothing in this subchapter shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Colorado and other States.
(3) Colorado water law
(4) New projects
(A) As used in this paragraph, the term “water resource facility” means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. Such term does not include any such facilities related to or used for the purpose of livestock grazing.
(B) Except as otherwise provided by subsection (g) or other provisions of this subchapter, on and after October 24, 2000, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the wilderness area designated by this subchapter.
(C) Except as provided in this paragraph, nothing in this subchapter shall be construed to affect or limit the use, operation, maintenance, repair, modification, or replacement of water resource facilities in existence on October 24, 2000, within the boundaries of the Wilderness.
(5) Boundaries along Colorado River
(A) Neither the Conservation Area nor the Wilderness shall include any part of the Colorado River to the 100-year high water mark.
(B) Nothing in this subchapter shall affect the authority that the Secretary may or may not have to manage recreational uses on the Colorado River, except as such authority may be affected by compliance with paragraph (3). Nothing in this subchapter shall be construed to affect the authority of the Secretary to manage the public lands between the boundary of the Conservation Area and the edge of the Colorado River.
(C) Subject to valid existing rights, all lands owned by the Federal Government between the 100-year high water mark on each shore of the Colorado River, as designated on the Map from the line labeled “Line A” on the east to the boundary between the States of Colorado and Utah on the west, are hereby withdrawn from—
(i) all forms of entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) the operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(Pub. L. 106–353, § 6, Oct. 24, 2000, 114 Stat. 1375.)
§ 460mmm–5. Maps and legal descriptions
(a) In general
(b) Force and effect
(c) Public availability
Copies of the Map and the legal descriptions shall be on file and available for public inspection in—
(1) the Office of the Director of the Bureau of Land Management;
(2) the Grand Junction District Office of the Bureau of Land Management in Colorado;
(3) the appropriate office of the Bureau of Land Management in Colorado, if the Grand Junction District Office is not deemed the appropriate office; and
(4) the appropriate office of the Bureau of Land Management in Utah.
(d) Map controlling
(Pub. L. 106–353, § 7, Oct. 24, 2000, 114 Stat. 1379.)
§ 460mmm–6. Advisory Council
(a) Establishment
(b) Duty
(c) Applicable lawThe Council shall be subject to—
(1) chapter 10 of title 5; and
(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(d) MembersThe Council shall consist of 10 members to be appointed by the Secretary including, to the extent practicable:
(1) A member of or nominated by the Mesa County Commission.
(2) A member nominated by the permittees holding grazing allotments within the Conservation Area or the Wilderness.
(3) A member of or nominated by the Northwest Resource Advisory Council.
(4) Seven members residing in, or within reasonable proximity to, Mesa County, Colorado, with recognized backgrounds reflecting—
(A) the purposes for which the Conservation Area or Wilderness was established; and
(B) the interests of the stakeholders that are affected by the planning and management of the Conservation Area and the Wilderness.
(Pub. L. 106–353, § 8, Oct. 24, 2000, 114 Stat. 1379; Pub. L. 108–400, § 1(d), Oct. 30, 2004, 118 Stat. 2254; Pub. L. 117–286, § 4(a)(95), Dec. 27, 2022, 136 Stat. 4316.)
§ 460mmm–7. Public access
(a) In general
(b) Glade Park
(Pub. L. 106–353, § 9, Oct. 24, 2000, 114 Stat. 1380.)