16 USC 460 - Management plan

Collapse to view only § 460zzz-5. Management plan

§ 460zzz. Definitions
§ 460zzz-1. Dominguez-Escalante National Conservation Area
§ 460zzz-2. Dominguez Canyon Wilderness Area
§ 460zzz-3. Maps and legal descriptions
§ 460zzz-4. Management of Conservation Area and Wilderness
§ 460zzz-5. Management plan
§ 460zzz-6. Advisory Council
§ 460zzz-7. Authorization of appropriations

§ 460zzz. Definitions

In this subchapter:

(1) Conservation Area

(2) Council

(3) Management plan

(4) Map

(5) Secretary

(6) State

(7) Wilderness

(Pub. L. 111–11, title II, § 2401, Mar. 30, 2009, 123 Stat. 1102.)

§ 460zzz–1. Dominguez-Escalante National Conservation Area

(a) Establishment

(1) In general

(2) Area included

(b) PurposesThe purposes of the Conservation Area are to conserve and protect for the benefit and enjoyment of present and future generations—

(1) the unique and important resources and values of the land, including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land; and

(2) the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities.

(1) In generalThe Secretary shall manage the Conservation Area—

(A) as a component of the National Landscape Conservation System;

(B) in a manner that conserves, protects, and enhances the resources and values of the Conservation Area described in subsection (b); and

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

(ii) this subchapter; and

(iii) any other applicable laws.

(2) Uses

(A) In general

(B) Use of motorized vehicles

(i) In generalExcept as provided in clauses (ii) and (iii), use of motorized vehicles in the Conservation Area shall be allowed—(I) before the effective date of the management plan, only on roads and trails designated for use of motor vehicles in the management plan that applies on March 30, 2009, to the public land in the Conservation Area; and(II) after the effective date of the management plan, only on roads and trails designated in the management plan for the use of motor vehicles.

(ii) Administrative and emergency response use

(iii) Limitation

(Pub. L. 111–11, title II, § 2402, Mar. 30, 2009,

§ 460zzz–2. Dominguez Canyon Wilderness Area

(a) In general

(b) Administration of Wilderness

The Wilderness shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this subchapter, except that—

(1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to March 30, 2009; and

(2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.

(Pub. L. 111–11, title II, § 2403, Mar. 30, 2009, 123 Stat. 1103.)

§ 460zzz–3. Maps and legal descriptions

(a) In general

As soon as practicable after March 30, 2009, the Secretary shall file a map and a legal description of the Conservation Area and the Wilderness with—

(1) the Committee on Energy and Natural Resources of the Senate; and

(2) the Committee on Natural Resources of the House of Representatives.

(b) Force and effect

(Pub. L. 111–11, title II, § 2404, Mar. 30, 2009, 123 Stat. 1103.)

§ 460zzz–4. Management of Conservation Area and Wilderness

(a) WithdrawalSubject to valid existing rights, all Federal land within the Conservation Area and the Wilderness and all land and interests in land acquired by the United States within the Conservation Area or the Wilderness 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) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(b) Grazing

(1) Grazing in Conservation Area

(2) Grazing in WildernessThe grazing of livestock in the Wilderness, if established as of March 30, 2009, shall be permitted to continue—

(A) subject to any reasonable regulations, policies, and practices that the Secretary determines to be necessary; and

(B) in accordance with—

(i)section 1133(d)(4) of this title; and

(ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).

(1) In general

(2) Activities outside Conservation Area

(d) Acquisition of land

(1) In general

(2) ManagementLand acquired under paragraph (1) shall—

(A) become part of the Conservation Area and, if applicable, the Wilderness; and

(B) be managed in accordance with this subchapter and any other applicable laws.

(e) Fire, insects, and diseasesSubject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may undertake such measures as are necessary to control fire, insects, and diseases—

(1) in the Wilderness, in accordance with section 1133(d)(1) of this title; and

(2) except as provided in paragraph (1), in the Conservation Area in accordance with this subchapter and any other applicable laws.

(f) Access

(g) Invasive species and noxious weeds

(h) Water rights

(1) EffectNothing in this subchapter—

(A) affects the use or allocation, in existence on March 30, 2009, of any water, water right, or interest in water;

(B) affects any vested absolute or decreed conditional water right in existence on March 30, 2009, including any water right held by the United States;

(D) authorizes or imposes any new reserved Federal water rights; or

(E) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before March 30, 2009.

(2) Wilderness water rights

(A) In general

(B) State law

(i) Procedural requirements

(ii) Establishment of water rights(I) In general(II) Exception

(D) Required determination

(E) Cooperative enforcement

(i) In generalThe Secretary shall not pursue adjudication of any Federal instream flow water rights established under this paragraph if—(I) the Secretary determines, upon adjudication of the water rights by the Colorado Water Conservation Board, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of the Wilderness; and(II) the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure the full exercise, protection, and enforcement of the State water rights within the Wilderness to reliably fulfill the purposes of the Wilderness.

(ii) Adjudication

(F) Insufficient water rights

(G) Failure to complyThe Secretary shall promptly act to exercise and enforce the water rights described in subparagraph (E) if the Secretary determines that—

(i) the State is not exercising its water rights consistent with subparagraph (E)(i)(I); or

(ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of the Wilderness.

(3) Water resource facility

(A) In general

(B) ExceptionNotwithstanding subparagraph (A), the Secretary may allow construction of new livestock watering facilities within the Wilderness in accordance with—

(i)section 1133(d)(4) of this title; and

(4) Conservation area water rightsWith respect to water within the Conservation Area, nothing in this subchapter—

(A) authorizes any Federal agency to appropriate or otherwise acquire any water right on the mainstem of the Gunnison River; or

(B) prevents the State from appropriating or acquiring, or requires the State to appropriate or acquire, an instream flow water right on the mainstem of the Gunnison River.

(5) Wilderness boundaries along Gunnison River

(A) In generalIn areas in which the Gunnison River is used as a reference for defining the boundary of the Wilderness, the boundary shall—

(i) be located at the edge of the river; and

(ii) change according to the river level.

(B) Exclusion from Wilderness

(i) EffectNothing in this subchapter—

(1) diminishes the jurisdiction of the State with respect to fish and wildlife in the State; or

(2) imposes any Federal water quality standard upstream of the Conservation Area or within the mainstem of the Gunnison River that is more restrictive than would be applicable had the Conservation Area not been established.

(j) Valid existing rights

(Pub. L. 111–11, title II, § 2405, Mar. 30, 2009, 123 Stat. 1104.)

§ 460zzz–5. Management plan

(a) In general

(b) Purposes

The management plan shall—

(1) describe the appropriate uses and management of the Conservation Area;

(2) be developed with extensive public input;

(3) take into consideration any information developed in studies of the land within the Conservation Area; and

(4) include a comprehensive travel management plan.

(Pub. L. 111–11, title II, § 2406, Mar. 30, 2009, 123 Stat. 1107.)

§ 460zzz–6. Advisory Council

(a) Establishment

(b) Duties

(1) chapter 10 of title 5; and

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

(d) MembersThe Council shall include 10 members to be appointed by the Secretary, of whom, to the extent practicable—

(1) 1 member shall be appointed after considering the recommendations of the Mesa County Commission;

(2) 1 member shall be appointed after considering the recommendations of the Montrose County Commission;

(3) 1 member shall be appointed after considering the recommendations of the Delta County Commission;

(4) 1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Area or the Wilderness; and

(5) 5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County, Colorado, with backgrounds that reflect—

(A) the purposes for which the Conservation Area or Wilderness was established; and

(B) the interests of the stakeholders that are affected by the planning and management of the Conservation Area and Wilderness.

(e) Representation

(f) Duration

(Pub. L. 111–11, title II, § 2407, Mar. 30, 2009, 123 Stat. 1107; Pub. L. 117–286, § 4(a)(97), Dec. 27, 2022, 136 Stat. 4316.)

§ 460zzz–7. Authorization of appropriations

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

(Pub. L. 111–11, title II, § 2408, Mar. 30, 2009, 123 Stat. 1108.)