Collapse to view only § 460ffff-5. Protection of services and recreational opportunities
- § 460ffff. Definitions
- § 460ffff-1. Alabama Hills National Scenic Area, California
- § 460ffff-2. Management plan
- § 460ffff-3. Land taken into trust for Lone Pine Paiute-Shoshone Reservation
- § 460ffff-4. Transfer of administrative jurisdiction
- § 460ffff-5. Protection of services and recreational opportunities
The term “management plan” means the management plan for the Scenic Area developed under section 460ffff–2(a) of this title.
The term “Map” means the map entitled “Proposed Alabama Hills National Scenic Area” and dated November 7, 2018.
The term “motorized vehicle” means a motorized or mechanized vehicle and includes, when used by a utility, mechanized equipment, a helicopter, and any other aerial device necessary to maintain electrical or communications infrastructure.
The term “Scenic Area” means the Alabama Hills National Scenic Area established by section 460ffff–1(a) of this title.
The term “State” means the State of California.
The term “Tribe” means the Lone Pine Paiute-Shoshone Tribe.
Subject to valid existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area, to be comprised of the approximately 18,610 acres generally depicted on the Map as “National Scenic Area”.
The purpose of the Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, geological, educational, biological, historical, recreational, cinematographic, and scientific resources of the Scenic Area managed consistent with section 302(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(a)).
The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subchapter, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions.
Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.
The Secretary shall allow only such uses of the Scenic Area as the Secretary determines would further the purposes of the Scenic Area as described in subsection (b).
Except as otherwise provided in this subchapter or other applicable law, or as the Secretary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use in accordance with paragraph (3).
Nothing in this subchapter creates a protective perimeter or buffer zone around the Scenic Area.
The fact that an activity or use on land outside the Scenic Area can be seen or heard within the Scenic Area shall not preclude the activity or use outside the boundaries of the Scenic Area.
The Secretary shall provide private landowners adequate access to inholdings in the Scenic Area.
Nothing in this subchapter affects the jurisdiction or responsibilities of the State with respect to fish and wildlife.
Nothing in this subchapter prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Scenic Area, consistent with the purposes described in subsection (b).
The Secretary may enter into cooperative agreements with, State, Tribal, and local governmental entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the Scenic Area.
Consistent with this subchapter, the Management Plan shall establish provisions for maintenance of public utility and other rights-of-way within the Scenic Area.
Not later than 3 years after March 12, 2019, in accordance with subsections (b) and (c), the Secretary shall develop a comprehensive plan for the long-term management of the Scenic Area.
In accordance with this subchapter, the management plan shall include provisions for maintenance of existing public utility and other rights-of-way within the Scenic Area.
In developing the management plan, in accordance with this section, the Secretary may allow casual use mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items.
Pending completion of the management plan, the Secretary shall manage the Scenic Area in accordance with section 460ffff–1(b) of this title.
On completion of the survey described in subsection (b), all right, title, and interest of the United States in and to the approximately 132 acres of Federal land depicted on the Map as “Lone Pine Paiute-Shoshone Reservation Addition” shall be held in trust for the benefit of the Tribe, subject to paragraphs (2) and (3).
The land described in paragraph (1) shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record in existence on March 12, 2019.
The Federal land over which the right-of-way for the Los Angeles Aqueduct is located, generally described as the 250-foot-wide right-of-way granted to the City of Los Angeles pursuant to the Act of June 30, 1906 (34 Stat. 801, chapter 3926), shall not be taken into trust for the Tribe.
Not later than 180 days after March 12, 2019, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land to be held in trust under subsection (a)(1).
The land held in trust pursuant to subsection (a)(1) shall be considered to be a part of the reservation of the Tribe.
Land held in trust under subsection (a)(1) shall not be eligible, or considered to have been taken into trust, for gaming (within the meaning of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
Administrative jurisdiction over the approximately 56 acres of Federal land depicted on the Map as “USFS Transfer to BLM” is transferred from the Forest Service to the Bureau of Land Management.
Nothing in this subchapter limits commercial services for existing or historic recreation uses, as authorized by the permit process of the Bureau of Land Management.
Commercial permits to exercise guided recreational opportunities for the public that are authorized as of March 12, 2019, may continue to be authorized.