16 USC 410 - Federal reserved water rights

Collapse to view only § 410aaa-76. Federal reserved water rights

§ 410aaa-71. Transfer of lands to Red Rock Canyon State Park
§ 410aaa-72. Land tenure adjustments
§ 410aaa-73. Land disposal
§ 410aaa-74. Management of newly acquired lands
§ 410aaa-75. Native American uses and interests
§ 410aaa-76. Federal reserved water rights
§ 410aaa-77. California State School lands
§ 410aaa-78. Access to private property
§ 410aaa-79. Federal facilities fee equity
§ 410aaa-80. Land appraisal
§ 410aaa-81. Juniper Flats
§ 410aaa-81a. Transfer of land to Anza-Borrego Desert State Park
§ 410aaa-81b. Wildlife corridors
§ 410aaa-81c. Prohibited uses of acquired, donated, and conservation land
§ 410aaa-82. Military overflights
§ 410aaa-83. Authorization of appropriations

§ 410aaa–71. Transfer of lands to Red Rock Canyon State Park

On October 31, 1994, the Secretary shall transfer to the State of California certain lands within the California Desert Conservation Area, California, of the Bureau of Land Management, comprising approximately twenty thousand five hundred acres, as generally depicted on two maps entitled “Red Rock Canyon State Park Additions 1” and “Red Rock Canyon State Park Additions 2”, dated May 1991, for inclusion in the State of California Park System. Should the State of California cease to manage these lands as part of the State Park System, ownership of the lands shall revert to the Department of the Interior to be managed as part of California Desert Conservation Area to provide maximum protection for the area’s scenic and scientific values.

(Pub. L. 103–433, title VII, § 701, Oct. 31, 1994, 108 Stat. 4497.)

§ 410aaa–72. Land tenure adjustments

In preparing land tenure adjustment decisions with the California Desert Conservation Area, of the Bureau of Land Management, the Secretary shall give priority to consolidating Federal ownership within the national park units and wilderness areas designated by this Act.

(Pub. L. 103–433, title VII, § 702, Oct. 31, 1994, 108 Stat. 4497.)

§ 410aaa–73. Land disposal

Except as provided in section 410aaa–26 of this title, none of the lands within the boundaries of the wilderness or park areas designated under this Act shall be granted to or otherwise made available for use by the Metropolitan Water District or any other agencies or persons pursuant to the Boulder Canyon Project Act (43 U.S.C. 617–619b) or any similar Acts.

(Pub. L. 103–433, title VII, § 703, Oct. 31, 1994, 108 Stat. 4497.)

§ 410aaa–74. Management of newly acquired lands

Any lands within the boundaries of a wilderness area designated under this Act which are acquired by the Federal Government, shall become part of the wilderness area within which they are located and shall be managed in accordance with all the provisions of this Act and other laws applicable to such wilderness area.

(Pub. L. 103–433, title VII, § 704, Oct. 31, 1994, 108 Stat. 4497.)

§ 410aaa–75. Native American uses and interests

(a) Access

(b) Temporary closure

(1) In general

(2) Limitation

(1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are located within the Tribe’s aboriginal homeland area within and outside the boundaries of the Death Valley National Monument and the Death Valley National Park, as described in part A of this subchapter.

(2) Not later than 1 year after October 31, 1994, the Secretary shall submit a report to the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the United States Senate, and the Committee on Natural Resources of the United States House of Representatives on the results of the study conducted under paragraph (1).

(d) Tribal cultural resources management plan

(1) In general

(2) Consultation

(A) each of—

(i) the Chemehuevi Indian Tribe;

(ii) the Hualapai Tribal Nation;

(iii) the Fort Mojave Indian Tribe;

(iv) the Colorado River Indian Tribes;

(v) the Quechan Indian Tribe; and

(vi) the Cocopah Indian Tribe;

(B) the Advisory Council on Historic Preservation; and

(3) Resource protectionThe Tribal cultural resources management plan developed under paragraph (1) shall—

(A) be based on a completed Tribal cultural resources survey; and

(B) include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including—

(i) chapter 2003 of title 54;

(ii)Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996 [, 1996a]);

(iii) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);

(iv) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and

(v)Public Law 103–141 (commonly known as the “Religious Freedom Restoration Act of 1993”) (42 U.S.C. 2000bb et seq.).

(e) WithdrawalSubject to valid existing rights, all Federal land within the area administratively withdrawn and known as the “Indian Pass Withdrawal Area” is permanently 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) right-of-way leasing and disposition under all laws relating to minerals or solar, wind, or geothermal energy.

(Pub. L. 103–433, title VII, § 705, Oct. 31, 1994, 108 Stat. 4498; Pub. L. 116–9, title I, § 1454, Mar. 12, 2019, 133 Stat. 714.)

§ 410aaa–76. Federal reserved water rights

(a) Reservation of sufficient water

(b) Protection of rights reserved

(d) Specific reservation

(Pub. L. 103–433, title VII, § 706, Oct. 31, 1994, 108 Stat. 4498.)

§ 410aaa–77. California State School lands

(a) Negotiations to exchange

(1) In general

(2) Agreement

(b) Preparation of listWithin six months after October 31, 1994, the Secretary shall send to the Commission and 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 list of the following:

(1) State School lands or interests therein (including mineral interests) which are located within the boundaries of the wilderness areas, national monuments, off-highway vehicle recreation areas, or park system units designated by this Act.

(2) Lands within the State of California under the jurisdiction of the Secretary that the Secretary determines to be suitable for disposal for exchange, identified in the following priority—

(A) lands with mineral interests, including geothermal, which have the potential for commercial development but which are not currently under mineral lease or producing Federal mineral revenues;

(B) Federal claims in California managed by the Bureau of Reclamation that the Secretary determines are not needed for any Bureau of Reclamation project; and

(C) any public lands in California that the Secretary, pursuant to the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.], has determined to be suitable for disposal through exchange.

(3) Any other Federal land, or interest therein, within the State of California, which is or becomes surplus to the needs of the Federal Government. The Secretary may exclude, in the Secretary’s discretion, lands located within, or contiguous to, the exterior boundaries of lands held in trust for a federally recognized Indian tribe located in the State of California.

(4) The Secretary shall maintain such list and shall annually transmit such list 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 until all of the State School lands identified in paragraph (1) have been acquired.

(1) Effective upon October 31, 1994, and until all State School lands identified in paragraph (b)(1) of this section are acquired, no Federal lands or interests therein within the State of California may be disposed of from Federal ownership unless—

(A) the Secretary is notified of the availability of such lands or interest therein;

(B) the Secretary has notified the Commission of the availability of such lands or interests therein for exchange; and

(C) the Commission has not notified the Secretary within six months that it wishes to consider entering into an exchange for such lands or interests therein.

(2) If the Commission notifies the Secretary that it wishes to consider an exchange for such lands or interests therein, the Secretary shall attempt to conclude such exchange in accordance with the provisions of this section as quickly as possible.

(3) If an agreement is reached and executed with the Commission, then upon notice to the head of the agency having administrative jurisdiction over such lands or interests therein, the Secretary shall be vested with administrative jurisdiction over such land or interests therein for the purpose of concluding such exchange.

(4) Upon the acquisition of all State School lands or upon notice by the Commission to the Secretary that it no longer has an interest in such lands or interests therein, such lands or interests shall be released to the agency that originally had jurisdiction over such lands or interests for disposal in accordance with the laws otherwise applicable to such lands or interests.

(d) No effect on military base closures

(Pub. L. 103–433, title VII, § 707, Oct. 31, 1994, 108 Stat. 4499; Pub. L. 116–9, title I, § 1456, Mar. 12, 2019, 133 Stat. 716.)

§ 410aaa–78. Access to private property

The Secretary shall provide adequate access to nonfederally owned land or interests in land within the boundaries of the conservation units and wilderness areas designated by this Act which will provide the owner of such land or interest the reasonable use and enjoyment thereof.

(Pub. L. 103–433, title VII, § 708, Oct. 31, 1994, 108 Stat. 4500.)

§ 410aaa–79. Federal facilities fee equity

(a) Policy statement

(b) Fee study

The Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1996 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall—

(1) identify all Federal lands and facilities that provide recreational or tourism use; and

(2) analyze by State and region any fees charged for entrance, recreational or tourism use, if any, on Federal lands or facilities in a State or region, individually and collectively.

(Pub. L. 103–433, title VII, § 709, Oct. 31, 1994, 108 Stat. 4500.)

§ 410aaa–80. Land appraisal

Lands and interests in lands acquired pursuant to this Act shall be appraised without regard to the presence of a species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(Pub. L. 103–433, title VII, § 710, Oct. 31, 1994, 108 Stat. 4501.)

§ 410aaa–81. Juniper Flats

Development of renewable energy generation facilities (excluding rights-of-way or facilities for the transmission of energy and telecommunication facilities and infrastructure) is prohibited on the approximately 27,990 acres of Federal land generally depicted as “BLM Land Unavailable for Energy Development” on the map entitled “Juniper Flats” and dated November 7, 2018.

(Pub. L. 103–433, title VII, § 711, as added Pub. L. 116–9, title I, § 1459, Mar. 12, 2019, 133 Stat. 718.)

§ 410aaa–81a. Transfer of land to Anza-Borrego Desert State Park

(a) In general

(b) Description of land

(1) In general

(2) Withdrawal

Subject to valid existing rights, the land transferred under subsection (a) is withdrawn from—

(A) all forms of entry, appropriation, or disposal under the public land laws;

(B) location, entry, and patent under the mining laws; and

(3) Reversion

(Pub. L. 103–433, title VII, § 712, as added Pub. L. 116–9, title I, § 1451, Mar. 12, 2019, 133 Stat. 710.)

§ 410aaa–81b. Wildlife corridors

(a) In generalThe Secretary shall—

(1) assess the impacts of habitat fragmentation on wildlife in the California Desert Conservation Area; and

(2) establish policies and procedures to ensure the preservation of wildlife corridors and facilitate species migration.

(b) Study

(1) In general

(2) ComponentsThe study under paragraph (1) shall—

(A) identify the species migrating, or likely to migrate 1

1 So in original. Probably should be followed by a comma.

in the California Desert Conservation Area;

(B) examine the impacts and potential impacts of habitat fragmentation on—

(i) plants, insects, and animals;

(ii) soil;

(iii) air quality;

(iv) water quality and quantity; and

(v) species migration and survival;

(D) include recommendations for ensuring the biological connectivity of public land managed by the Secretary and the Secretary of Defense throughout the California Desert Conservation Area.

(3) Rights-of-wayThe Secretary shall consider the information and recommendations of the study under paragraph (1) to determine the individual and cumulative impacts of rights-of-way for projects in the California Desert Conservation Area, in accordance with—

(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(Pub. L. 103–433, title VII, § 713, as added Pub. L. 116–9, title I, § 1452, Mar. 12, 2019, 133 Stat. 711.)

§ 410aaa–81c. Prohibited uses of acquired, donated, and conservation land

(a) DefinitionsIn this section:

(1) Acquired land

(2) Conservation area

(3) Conservation landThe term “conservation land” means any land within the Conservation Area that is designated to satisfy the conditions of a Federal habitat conservation plan, general conservation plan, or State natural communities conservation plan, including—

(A) national conservation land established pursuant to section 7202(b)(2)(D) of this title; and

(B) areas of critical environmental concern established pursuant to section 1712(c)(3) of title 43.

(4) Donated land

(5) Donor

(6) Secretary

(7) State

(b) ProhibitionsExcept as provided in subsection (c), the Secretary shall not authorize the use of acquired land, conservation land, or donated land within the Conservation Area for any activities contrary to the conservation purposes for which the land was acquired, designated, or donated, including—

(1) disposal;

(2) rights-of-way;

(3) leases;

(4) livestock grazing;

(5) infrastructure development, except as provided in subsection (c);

(6) mineral entry; and

(7) off-highway vehicle use, except on—

(A) designated routes;

(B) off-highway vehicle areas designated by law; and

(1) Authorization by SecretarySubject to paragraph (2), the Secretary may authorize limited exceptions to prohibited uses of acquired land or donated land in the Conservation Area if—

(A) a right-of-way application for a renewable energy development project or associated energy transport facility on acquired land or donated land was submitted to the Bureau of Land Management on or before December 1, 2009; or

(B) after the completion and consideration of an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary has determined that proposed use is in the public interest.

(2) Conditions

(A) In general

(B) ApprovalThe private land to be donated under subparagraph (A) shall be approved by the Secretary after—

(i) consultation, to the maximum extent practicable, with the donor of the private land proposed for nonconservation uses; and

(ii) an opportunity for public comment regarding the donation.

(d) Existing agreements

(e) Deed restrictionsEffective beginning on March 12, 2019, within the Conservation Area, the Secretary may—

(1) accept deed restrictions requested by landowners for land donated to, or otherwise acquired by, the United States; and

(2) consistent with existing rights, create deed restrictions, easements, or other third-party rights relating to any public land determined by the Secretary to be necessary—

(A) to fulfill the mitigation requirements resulting from the development of renewable resources; or

(B) to satisfy the conditions of—

(i) a habitat conservation plan or general conservation plan established pursuant to section 1539 of this title; or

(ii) a natural communities conservation plan approved by the State.

(Pub. L. 103–433, title VII, § 714, as added Pub. L. 116–9, title I, § 1453, Mar. 12, 2019, 133 Stat. 712.)

§ 410aaa–82. Military overflights

(a) Overflights

(b) Special airspace

(d) Department of Defense facilities

(Pub. L. 103–433, title VIII, § 802, Oct. 31, 1994, 108 Stat. 4501; Pub. L. 116–9, title I, § 1460(b), Mar. 12, 2019, 133 Stat. 719.)

§ 410aaa–83. Authorization of appropriations

There is authorized to be appropriated to the National Park Service and to the Bureau of Land Management to carry out this Act an amount not to exceed $36,000,000 over and above that provided in fiscal year 1994 for additional administrative and construction costs over the fiscal year 1995–1999 period, and $300,000,000 for all land acquisition costs. No funds in excess of these amounts may be used for construction, administration, or land acquisition authorized under this Act without a specific authorization in an Act of Congress enacted after October 31, 1994.

(Pub. L. 103–433, title IX, § 901, Oct. 31, 1994, 108 Stat. 4508.)