§ 460iii-3. — Management and use.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460iii-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXX--SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA
Sec. 460iii-3. Management and use
(a) In general
(1)(A) Within 1 year after August 4, 1993, the Secretary shall make
any revisions in the existing management plan for the conservation area
as necessary to assure its conformance with this subchapter, and no
later than January 1, 1996, shall finalize a new management plan for the
conservation area.
(B) Thereafter, the Secretary shall review the plan at least once
every 5 years and shall make such revisions as may be necessary or
appropriate.
(C) In reviewing and revising the plan, the Secretary shall provide
for appropriate public participation.
(2) Except as otherwise specifically provided in section 460iii-2(d)
of this title and subsections (d), (e), and (f) of this section, the
Secretary shall allow only such uses of lands in the conservation area
as the Secretary determines will further the purposes for which the
Conservation \1\ Area \1\ is established.
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\1\ So in original. Probably should not be capitalized.
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(b) Management guidance
After each review pursuant to subsection (a) of this section, the
Secretary shall make such revisions as may be needed so that the plan
and management program to implement the plan include, in addition to any
other necessary or appropriate provisions, provisions for--
(1) protection for the raptor populations and habitats and the
scientific, cultural, and educational resources and values of the
public lands in the conservation area;
(2) identifying levels of continued military use of the Orchard
Training Area compatible with paragraph (1) of this subsection;
(3) public use of the conservation area consistent with the
purposes of this subchapter;
(4) interpretive and educational opportunities for the public;
(5) a program for continued scientific investigation and study
to provide information to support sound management in accordance
with this subchapter, to advance knowledge of raptor species and the
resources and values of the conservation area, and to provide a
process for transferring to other areas of the public lands and
elsewhere this knowledge and management experience;
(6) such vegetative enhancement and other measures as may be
necessary to restore or enhance prey habitat;
(7) the identification of levels, types, timing, and terms and
conditions for the allowable nonmilitary uses of lands within the
conservation area that will be compatible with the protection,
maintenance, and enhancement of raptor populations and habitats and
the other purposes for which the conservation area is established;
and
(8) assessing the desirability of imposing appropriate fees for
public uses (including, but not limited to, recreational use) of
lands in the conservation area, which are not now subject to fees,
to be used to further the purposes for which the conservation area
is established.
(c) Visitors center
The Secretary, acting through the Director of the Bureau of Land
Management, is authorized to establish, in cooperation with other public
or private entities as the Secretary may deem appropriate, a visitors
center designed to interpret the history and the geological, ecological,
natural, cultural, and other resources of the conservation area and the
biology of the raptors and their relationships to man.
(d) Visitors use of area
In addition to the Visitors \1\ Center \1\, the Secretary may
provide for visitor use of the public lands in the conservation area to
such extent and in such manner as the Secretary considers consistent
with the protection of raptors and raptor habitat, public safety, and
the purposes for which the conservation area is established. To the
extent practicable, the Secretary shall make available to visitors and
other members of the public a map of the conservation area and such
other educational and interpretive materials as may be appropriate.
(e) National Guard use of area
(1) Pending completion of the ongoing research concerning military
use of lands in the conservation area, or until the date 5 years after
August 4, 1993, whichever is the shorter period, the Secretary shall
permit continued military use of those portions of the conservation area
known as the Orchard Training Area in accordance with the Memorandum of
Understanding, to the extent consistent with the use levels identified
pursuant to subsection (b)(2) of this section.
(2) Upon completion of the ongoing research concerning military use
of lands in the conservation area, the Secretary shall review the
management plan and make such additional revisions therein as may be
required to assure that it meets the requirements of this subchapter.
(3) Upon completion of the ongoing research concerning military use
of lands in the conservation area, the Secretary shall submit to the
Committees on Natural Resources and Merchant Marine and Fisheries of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report of the results of such research.
(4) Nothing in this subchapter shall preclude minor adjustment of
the boundaries of the Orchard Training Area in accordance with
provisions of the Memorandum of Understanding.
(5) After completion of the ongoing research concerning military use
of lands in the Orchard Training Area or after the date 5 years after
August 4, 1993, whichever first occurs, the Secretary shall continue to
permit military use of such lands, unless the Secretary, on the basis of
such research, determines such use is not compatible with the purposes
set forth in section 460iii-2(a)(2) of this title. Any such use
thereafter shall be permitted in accordance with the Memorandum of
Understanding, which may be extended or renewed by the Secretary so long
as such use continues to meet the requirements of subsection (b)(2) of
this section.
(6) In accordance with the Memorandum of Understanding, the
Secretary shall require the State of Idaho Military Division to insure
that military units involved maintain a program of decontamination.
(7) Nothing in this subchapter shall be construed as by itself
precluding the extension or renewal of the Memorandum of Understanding,
or the construction of any improvements or buildings in the Orchard
Training Area so long as the requirements of this subsection are met.
(f) Livestock grazing
(1) So long as the Secretary determines that domestic livestock
grazing is compatible with the purposes for which the conservation area
is established, the Secretary shall permit such use of public lands
within the conservation area, to the extent such use of such lands is
compatible with such purposes. Determinations as to compatibility shall
be made in connection with the initial revision of management plans for
the conservation area and in connection with each plan review required
by subsection (a)(1)(B) of this section.
(2) Any livestock grazing on public lands within the conservation
area, and activities the Secretary determines necessary to carry out
proper and practical grazing management programs on such lands (such as
animal damage control activities) shall be managed in accordance with
the Act of June 28, 1934 (43 U.S.C. 315 et seq.; commonly referred to as
the ``Taylor Grazing Act''), section 1752 of title 43, other laws
applicable to such use and programs on the public lands, and the
management plan for the conservation area.
(g) Cooperative agreements
The Secretary is authorized to provide technical assistance to, and
to enter into such cooperative agreements and contracts with, the State
of Idaho and with local governments and private entities as the
Secretary deems necessary or desirable to carry out the purposes and
policies of this subchapter.
(h) Agricultural practices
Nothing in this subchapter shall be construed as constituting a
grant of authority to the Secretary to restrict recognized agricultural
practices or other activities on private land adjacent to or within the
conservation area boundary.
(i) Hydroelectric facilities
Notwithstanding any provision of this subchapter, or regulations and
management plans undertaken pursuant to its provisions, the Federal
Energy Regulatory Commission shall retain its current jurisdiction
concerning all aspects of the continued and future operation of
hydroelectric facilities, licensed or relicensed under the Federal Power
Act (16 U.S.C. 791a et seq.), located within the boundaries of the
conservation area.
(Pub. L. 103-64, Sec. 4, Aug. 4, 1993, 107 Stat. 305.)
References in Text
Act of June 28, 1934, referred to in subsec. (f), is act June 28,
1934, ch. 865, 48 Stat. 1269, as amended, which is classified
principally to subchapter I (Sec. 315 et seq.) of chapter 8A of Title
43, Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 315 of Title 43 and Tables.
The Federal Power Act, referred to in subsec. (i), is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally
to chapter 12 (Sec. 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and Fisheries,
see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding
section 21 of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 460iii, 460iii-2 of this
title.
