16 USC 410 - Designation of Off-Highway Vehicle Recreation Areas

View all text of Part E [§ 410aaa-91 - § 410aaa-91]

§ 410aaa–91. Designation of Off-Highway Vehicle Recreation Areas

(a) In general

(1) DesignationIn accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and resource management plans developed under this part and subject to valid rights, the following land within the Conservation Area in San Bernardino County, California, is designated as Off-Highway Vehicle Recreation Areas:

(A) Dumont Dunes Off-Highway Vehicle Recreation Area

(B) El Mirage Off-Highway Vehicle Recreation Area

(D) Spangler Hills Off-Highway Vehicle Recreation Area

(E) Stoddard Valley Off-Highway Vehicle Recreation Area

(2) Expansion of Johnson Valley Off-Highway Vehicle Recreation Area

(b) Purpose

(1) Preparation and submissionAs soon as practicable after March 12, 2019, the Secretary shall file a map and legal description of each off-highway vehicle recreation area designated or expanded by subsection (a) with—

(A) the Committee on Natural Resources of the House of Representatives; and

(B) the Committee on Energy and Natural Resources of the Senate.

(2) Legal effect

(3) Public availability

(d) Use of the land

(1) Recreational activities

(A) In general

(B) Off-highway vehicle and off-highway recreation

(2) Wildlife guzzlersWildlife guzzlers shall be allowed in the off-highway vehicle recreation areas designated or expanded by subsection (a) in accordance with—

(A) applicable Bureau of Land Management guidelines; and

(B) State law.

(3) Prohibited uses

(A) In general

(B) Exception

(e) Administration

(1) In generalThe Secretary shall administer the off-highway vehicle recreation areas designated or expanded by subsection (a) in accordance with—

(A) this part;

(B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(2) Management plan

(A) In generalAs soon as practicable, but not later than 3 years after March 12, 2019, the Secretary shall—

(i) amend existing resource management plans applicable to the off-highway vehicle recreation areas designated or expanded by subsection (a); or

(ii) develop new management plans for each off-highway vehicle recreation area designated or expanded under that subsection.

(B) RequirementsAll new or amended plans under subparagraph (A) shall be designed to preserve and enhance safe off-highway vehicle and other recreational opportunities within the applicable recreation area consistent with—

(i) the purpose described in subsection (b); and

(ii) any applicable laws (including regulations).

(f) WithdrawalSubject to valid existing rights, all Federal land within the off-highway vehicle recreation areas designated or expanded by subsection (a) 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) right-of-way, leasing, or disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials.

(g) Southern California Edison Company utility facilities and rights-of-way

(1) Effect of partNothing in this part—

(A) affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized energy transport facility activities (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Southern California Edison Company (including any successor in interest or assign) that is located on land included in—

(i) the El Mirage Off-Highway Vehicle Recreation Area;

(ii) the Spangler Hills Off-Highway Vehicle Recreation Area;

(iii) the Stoddard Valley Off-Highway Vehicle Recreation Area; or

(iv) the Johnson Valley Off-Highway Vehicle Recreation Area;

(B) affects the application, siting, route selection, right-of-way acquisition, or construction of the Coolwater-Lugo transmission project, as may be approved by the California Public Utilities Commission and the Bureau of Land Management; or

(i) utility facility, including such a utility facility known on March 12, 2019, as—(I) “Gale-PS 512 transmission lines or rights-of-way”;(II) “Patio, Jack Ranch, and Kenworth distribution circuits or rights-of-way”; or(III) “Bessemer and Peacor distribution circuits or rights-of-way”; or

(ii) energy transport facility in a right-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i).

(2) Plans for accessThe Secretary, in consultation with the Southern California Edison Company, shall publish plans for regular and emergency access by the Southern California Edison Company to the rights-of-way of the Company by the date that is 1 year after the later of—

(A)March 12, 2019; and

(B) the date of issuance of a new energy transport facility right-of-way within—

(i) the El Mirage Off-Highway Vehicle Recreation Area;

(ii) the Spangler Hills Off-Highway Vehicle Recreation Area;

(iii) the Stoddard Valley Off-Highway Vehicle Recreation Area; or

(iv) the Johnson Valley Off-Highway Vehicle Recreation Area.

(h) Pacific Gas and Electric Company utility facilities and rights-of-way

(1) Effect of partNothing in this part—

(A) affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any successor in interest or assign) that is located on land included in the Spangler Hills Off-Highway Vehicle Recreation Area; or

(B) prohibits the upgrading or replacement of any—

(i) utility facilities of the Pacific Gas and Electric Company, including those utility facilities known on March 12, 2019, as—(I) “Gas Transmission Line 311 or rights-of-way”; or(II) “Gas Transmission Line 372 or rights-of-way”; or

(ii) utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i).

(2) Plans for access

(Pub. L. 103–433, title XIII, § 1301, as added Pub. L. 116–9, title I, § 1441, Mar. 12, 2019, 133 Stat. 702.)