16 USC 460 - Withdrawal

Collapse to view only § 460ppp-4. Withdrawal

§ 460ppp. Findings
§ 460ppp-1. Definitions
§ 460ppp-2. Establishment of the conservation area
§ 460ppp-3. Management
§ 460ppp-4. Withdrawal
§ 460ppp-5. No buffer zones
§ 460ppp-6. Wilderness
§ 460ppp-7. Authorization of appropriations

§ 460ppp. Findings

The Congress finds the following:

(1) The areas of northwestern Nevada known as the Black Rock Desert and High Rock Canyon contain and surround the last nationally significant, untouched segments of the historic California emigrant Trails,1

1 So in original. Probably should not be capitalized.

including wagon ruts, historic inscriptions, and a wilderness landscape largely unchanged since the days of the pioneers.

(2) The relative absence of development in the Black Rock Desert and high 2

2 So in original. Probably should be capitalized.

Rock Canyon areas from emigrant times to the present day offers a unique opportunity to capture the terrain, sights, and conditions of the overland trails as they were experienced by the emigrants and to make available to both present and future generations of Americans the opportunity of experiencing emigrant conditions in an unaltered setting.

(3) The Black Rock Desert and High Rock Canyon areas are unique segments of the Northern Great Basin and contain broad representation of the Great Basin’s land forms and plant and animal species, including golden eagles and other birds of prey, sage grouse, mule deer, pronghorn antelope, bighorn sheep, free roaming horses and burros, threatened fish and sensitive plants.

(4) The Black Rock-High Rock region contains a number of cultural and natural resources that have been declared eligible for National Historic Landmark and Natural Landmark status, including a portion of the 1843–44 John Charles Fremont exploration route, the site of the death of Peter Lassen, early military facilities, and examples of early homesteading and mining.

(5) The archeological, paleontological, and geographical resources of the Black Rock-High Rock region include numerous prehistoric and historic Native American sites, wooly mammoth sites, some of the largest natural potholes of North America, and a remnant dry Pleistocene lakebed (playa) where the curvature of the Earth may be observed.

(6) The two large wilderness mosaics that frame the conservation area offer exceptional opportunities for solitude and serve to protect the integrity of the viewshed of the historic emigrant trails.

(7) Public lands in the conservation area have been used for domestic livestock grazing for over a century, with resultant benefits to community stability and contributions to the local and State economies. It has not been demonstrated that continuation of this use would be incompatible with appropriate protection and sound management of the resource values of these lands; therefore, it is expected that such grazing will continue in accordance with the management plan for the conservation area and other applicable laws and regulations.

(8) The Black Rock Desert playa is a unique natural resource that serves as the primary destination for the majority of visitors to the conservation area, including visitors associated with large-scale permitted events. It is expected that such permitted events will continue to be administered in accordance with the management plan for the conservation area and other applicable laws and regulations.

(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 2]], Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–353.)

§ 460ppp–1. Definitions

As used in this subchapter:

(1) The term “Secretary” means the Secretary of the Interior.

(2) The term “public lands” has the meaning stated in section 1702(e) of title 43.

(3) The term “conservation area” means the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area established pursuant to section 460ppp–2 of this title.

(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 3]], Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–354.)

§ 460ppp–2. Establishment of the conservation area

(a) Establishment and purposes

(b) Areas included

(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 4]], Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–354; Pub. L. 107–63, title I, § 135(a), Nov. 5, 2001, 115 Stat. 443.)

§ 460ppp–3. Management

(a) Management

(b) Access

(1) In general

(2) Private land

(3) Existing public roads

(1) In general

(2) Off-highway vehicle use

(3) Permitted events

(d) Hunting, trapping, and fishing

(e) Management plan

(f) Grazing

(g) Visitor service facilities

(h) Road maintenance

(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 5]], Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–354; Pub. L. 107–63, title I, § 135(b), Nov. 5, 2001, 115 Stat. 443.)

§ 460ppp–4. Withdrawal

Subject to valid existing rights, all Federal lands within the conservation area and all lands and interests therein which are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, from operation of the mineral leasing and geothermal leasing laws and from the minerals materials laws and all amendments thereto.

(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 6]], Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–355.)

§ 460ppp–5. 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 consistent with other applicable laws.

(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 7]], Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–356.)

§ 460ppp–6. Wilderness

(a) Designation

In furtherance of the purposes of the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), the following lands in the State of Nevada are designated as wilderness, and, therefore, as components of the National Wilderness Preservation System:

(1) Certain lands in the Black Rock Desert Wilderness Study Area comprised of approximately 315,700 acres, as generally depicted on a map entitled “Black Rock Desert Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the Black Rock Desert Wilderness.

(2) Certain lands in the Pahute Peak Wilderness Study Area comprised of approximately 57,400 acres, as generally depicted on a map entitled “Pahute Peak Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the Pahute Peak Wilderness.

(3) Certain lands in the North Black Rock Range Wilderness Study Area comprised of approximately 30,800 acres, as generally depicted on a map entitled “North Black Rock Range Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the North Black Rock Range Wilderness.

(4) Certain lands in the East Fork High Rock Canyon Wilderness Study Area comprised of approximately 52,800 acres, as generally depicted on a map entitled “East Fork High Rock Canyon Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the East Fork High Rock Canyon Wilderness.

(5) Certain lands in the High Rock Lake Wilderness Study Area comprised of approximately 59,300 acres, as generally depicted on a map entitled “High Rock Lake Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the High Rock Lake Wilderness.

(6) Certain lands in the Little High Rock Canyon Wilderness Study Area comprised of approximately 48,700 acres, as generally depicted on a map entitled “Little High Rock Canyon Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the Little High Rock Canyon Wilderness.

(7) Certain lands in the High Rock Canyon Wilderness Study Area and Yellow Rock Canyon Wilderness Study Area comprised of approximately 46,600 acres, as generally depicted on a map entitled “High Rock Canyon Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the High Rock Canyon Wilderness.

(8) Certain lands in the Calico Mountains Wilderness Study Area comprised of approximately 65,400 acres, as generally depicted on a map entitled “Calico Mountains Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the Calico Mountains Wilderness.

(9) Certain lands in the South Jackson Mountains Wilderness Study Area comprised of approximately 56,800 acres, as generally depicted on a map entitled “South Jackson Mountains Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the South Jackson Mountains Wilderness.

(10) Certain lands in the North Jackson Mountains Wilderness Study Area comprised of approximately 24,000 acres, as generally depicted on a map entitled “North Jackson Mountains Wilderness—Proposed” and dated October 3, 2001, and which shall be known as the North Jackson Mountains Wilderness.

(b) Administration of wilderness areas

(d) Grazing

(e) Hunting, trapping, and fishing

(1) In general

(2) Applicable law

(f) Wildland fire protection

(g) Wilderness study release

Congress—

(1) finds that the parcels of land in the wilderness study areas referred to in subsection (a) that are not designated as wilderness by subsection (a) have been adequately studied for wilderness designation under section 1782 of title 43; and

(2) declares that those parcels are no longer subject to the requirement of subsection (c) of that section pertaining to the management of wilderness study areas in a manner that does not impair the suitability of such areas for preservation as wilderness.

(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 8]], Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–356; Pub. L. 107–63, title I, § 135(a), (c)–(e), Nov. 5, 2001, 115 Stat. 443.)

§ 460ppp–7. Authorization of appropriations

There is hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter.

(Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 125 [§ 9]], Dec. 21, 2000, 114 Stat. 2763, 2763A–229, 2763A–357.)