16 USC 460 - Definitions

Collapse to view only § 460rrr. Definitions

§ 460rrr. Definitions
§ 460rrr-1. Establishment of Rio Grande Natural Area
§ 460rrr-2. Establishment of the Commission
§ 460rrr-3. Powers of the Commission
§ 460rrr-4. Management plan
§ 460rrr-5. Administration of Natural Area
§ 460rrr-6. Effect
§ 460rrr-7. Authorization of appropriations
§ 460rrr-8. Termination of Commission

§ 460rrr. Definitions

In this subchapter:

(1) Commission

(2) Natural Area

(3) Secretary

(Pub. L. 109–337, § 2, Oct. 12, 2006, 120 Stat. 1777.)

§ 460rrr–1. Establishment of Rio Grande Natural Area

(a) In general

(b) Boundaries

(1) In general

(2) Effect

(3) Public availability

(Pub. L. 109–337, § 3, Oct. 12, 2006, 120 Stat. 1777.)

§ 460rrr–2. Establishment of the Commission

(a) Establishment

(b) PurposeThe Commission shall—

(1) advise the Secretary with respect to the Natural Area; and

(2) prepare a management plan relating to non-Federal land in the Natural Area under section 460rrr–4(b)(2)(A) of this title.

(1) 1 member shall represent the Colorado State Director of the Bureau of Land Management;

(2) 1 member shall be the manager of the Alamosa National Wildlife Refuge, ex officio;

(3) 3 members shall be appointed based on the recommendation of the Governor of Colorado, of whom—

(A) 1 member shall represent the Colorado Division of Wildlife;

(B) 1 member shall represent the Colorado Division of Water Resources; and

(4) 4 members shall—

(A) represent the general public;

(B) be citizens of the local region in which the Natural Area is established; and

(C) have knowledge and experience in the fields of interest relating to the preservation, restoration, and use of the Natural Area.

(d) Terms of office

(1) In general

(2) Reappointment

(e) Compensation

(f) Chairperson

(g) Meetings

(1) In general

(2) Public meetings

(3) Notice

(h) Technical assistance

(Pub. L. 109–337, § 4, Oct. 12, 2006, 120 Stat. 1777.)

§ 460rrr–3. Powers of the Commission

(a) Hearings

(b) Cooperative agreements

(1) In general

(2) Requirements

(3) Effect

(d) Implementation of management plan

(1) In general

(2) Authorized activitiesIn assisting with the implementation of the management plan under paragraph (1), the Commission may—

(A) assist the State of Colorado in preserving State land and wildlife within the Natural Area;

(B) assist the State of Colorado and political subdivisions of the State in increasing public awareness of, and appreciation for, the natural, historic, scientific, scenic, wildlife, and recreational resources in the Natural Area;

(C) encourage political subdivisions of the State of Colorado to adopt and implement land use policies that are consistent with—

(i) the management of the Natural Area; and

(ii) the management plan; and

(D) encourage and assist private landowners in the Natural Area in the implementation of the management plan.

(Pub. L. 109–337, § 5, Oct. 12, 2006, 120 Stat. 1778.)

§ 460rrr–4. Management plan

(a) In general

(b) Duties of Secretary and Commission

(1) Secretary

(2) Commission

(A) In general

(B) Approval or disapproval

(i) In general

(ii) Action following disapprovalIf the Secretary disapproves the management plan submitted under clause (i), the Secretary shall—(I) notify the Commission of the reasons for the disapproval; and(II) allow the Commission to submit to the Secretary revisions to the management plan submitted under clause (i).

(3) Cooperation

(1) take into consideration Federal, State, and local plans in existence on October 12, 2006, to present a unified preservation, restoration, and conservation plan for the Natural Area;

(2) with respect to Federal land in the Natural Area—

(A) be developed in accordance with section 1712 of title 43;

(B) be consistent, to the maximum extent practicable, with the management plans adopted by the Director of the Bureau of Land Management for land adjacent to the Natural Area; and

(3) include—

(A) an inventory of the resources contained in the Natural Area (including a list of property in the Natural Area that should be preserved, restored, managed, developed, maintained, or acquired to further the purposes of the Natural Area); and

(B) a recommendation of policies for resource management, including the use of intergovernmental cooperative agreements, that—

(i) protect the resources of the Natural Area; and

(ii) provide for solitude, quiet use, and pristine natural values of the Natural Area.

(d) Publication

(Pub. L. 109–337, § 6, Oct. 12, 2006, 120 Stat. 1779.)

§ 460rrr–5. Administration of Natural Area

(a) In generalThe Secretary shall administer the Federal land in the Natural Area—

(1) in accordance with—

(A) the laws (including regulations) applicable to public land; and

(B) the management plan; and

(2) in a manner that provides for—

(A) the conservation, restoration, and protection of the natural, historic, scientific, scenic, wildlife, and recreational resources of the Natural Area;

(B) the continued use of the Natural Area for purposes of education, scientific study, and limited public recreation in a manner that does not substantially impair the purposes for which the Natural Area is established;

(D) a prohibition on the construction of water storage facilities in the Natural Area; and

(E) the reduction in the use of or removal of roads in the Natural Area and, to the maximum extent practicable, the reduction in or prohibition against the use of motorized vehicles in the Natural Area (including the removal of roads and a prohibition against motorized use on Federal land in the area on the western side of the Rio Grande River from Lobatos Bridge south to the New Mexico State line).

(b) Changes in streamflow

(d) WithdrawalSubject to valid existing rights, all Federal land in the Natural Area is 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) disposition under the mineral leasing laws (including geothermal leasing laws).

Acquisition of land

(1) In general

(2) Administration

(f) Applicable law

(Pub. L. 109–337, § 7, Oct. 12, 2006, 120 Stat. 1780.)

§ 460rrr–6. Effect

Nothing in this subchapter—

(1) amends, modifies, or is in conflict with the Rio Grande Compact, consented to by Congress in the Act of May 31, 1939 (53 Stat. 785, ch. 155);

(2) authorizes the regulation of private land in the Natural Area;

(3) authorizes the imposition of any mandatory streamflow requirements;

(4) creates an express or implied Federal reserved water right;

(5) imposes any Federal water quality standard within or upstream of the Natural Area that is more restrictive than would be applicable had the Natural Area not been established; or

(6) prevents the State of Colorado from acquiring an instream flow through the Natural Area under the terms, conditions, and limitations of State law to assist in protecting the natural environment to the extent and for the purposes authorized by State law.

(Pub. L. 109–337, § 8, Oct. 12, 2006, 120 Stat. 1781.)

§ 460rrr–7. Authorization of appropriations

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

(Pub. L. 109–337, § 9, Oct. 12, 2006, 120 Stat. 1782.)

§ 460rrr–8. Termination of Commission

The Commission shall terminate on the date that is 10 years after October 12, 2006.

(Pub. L. 109–337, § 10, Oct. 12, 2006, 120 Stat. 1782.)