§ 460ppp-3. — Management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460ppp-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXXVII--BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT TRAILS
NATIONAL CONSERVATION AREA
Sec. 460ppp-3. Management
(a) Management
The Secretary, acting through the Bureau of Land Management, shall
manage the conservation area in a manner that conserves, protects, and
enhances its resources and values, including those resources and values
specified in subsection \1\ 460ppp-2(a) of this title, in accordance
with this subchapter, the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.), and other applicable provisions of law.
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\1\ So in original. Probably should be ``section''.
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(b) Access
(1) In general
The Secretary shall maintain adequate access for the reasonable
use and enjoyment of the conservation area.
(2) Private land
The Secretary shall provide reasonable access to privately owned
land or interests in land within the boundaries of the conservation
area.
(3) Existing public roads
The Secretary is authorized to maintain existing public access
within the boundaries of the conservation area in a manner
consistent with the purposes for which the conservation area was
established.
(c) Uses
(1) In general
The Secretary shall only allow such uses of the conservation
area as the Secretary finds will further the purposes for which the
conservation area is established.
(2) Off-highway vehicle use
Except where needed for administrative purposes or to respond to
an emergency, use of motorized vehicles in the conservation area
shall be permitted only on roads and trails and in other areas
designated for use of motorized vehicles as part of the management
plan prepared pursuant to subsection (e) of this section.
(3) Permitted events
The Secretary may continue to permit large-scale events in
defined, low impact areas of the Black Rock Desert playa in the
conservation area in accordance with the management plan prepared
pursuant to subsection (e) of this section.
(d) Hunting, trapping, and fishing
Nothing in this subchapter shall be deemed to diminish the
jurisdiction of the State of Nevada with respect to fish and wildlife
management, including regulation of hunting and fishing, on public lands
within the conservation area.
(e) Management plan
Within three years following December 21, 2000, the Secretary shall
develop a comprehensive resource management plan for the long-term
protection and management of the conservation area. The plan shall be
developed with full public participation and shall describe the
appropriate uses and management of the conservation area consistent with
the provisions of this subchapter. The plan may incorporate appropriate
decisions contained in any current management or activity plan for the
area and may use information developed in previous studies of the lands
within or adjacent to the conservation area.
(f) Grazing
Where the Secretary of the Interior currently permits livestock
grazing in the conservation area, such grazing shall be allowed to
continue subject to all applicable laws, regulations, and executive
orders.
(g) Visitor service facilities
The Secretary is authorized to establish, in cooperation with other
public or private entities as the Secretary may deem appropriate,
visitor service facilities for the purpose of providing information
about the historical, cultural, ecological, recreational, and other
resources of the conservation area.
(h) Road maintenance
Within the conservation area the Secretary may permit the use of
gravel pits for the maintenance of roads within the conservation area
under the Materials Act of 1947 (30 U.S.C. 601 et seq.) to the extent
consistent with this subchapter and subject to such regulations,
policies, and practices as the Secretary considers necessary.
(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 125 [Sec. 5]],
Dec. 21, 2000, 114 Stat. 2763, 2763A-229, 2763A-354; Pub. L. 107-63,
title I, Sec. 135(b), Nov. 5, 2001, 115 Stat. 443.)
References in Text
The Federal Land Policy and Management Act of 1976, referred to in
subsec. (a), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701 et
seq.) of Title 43, Public Lands. For complete classification of this Act
to the Code, see Short Title note set out under section 1701 of Title 43
and Tables.
The Materials Act of 1947, referred to in subsec. (h), is act July
31, 1947, ch. 406, 61 Stat. 681, as amended, which is classified
generally to subchapter I (Sec. 601 et seq.) of chapter 15 of Title 30,
Mineral Lands and Mining. For complete classification of this Act to the
Code, see Short Title note set out under section 601 of Title 30 and
Tables.
Amendments
2001--Subsec. (h). Pub. L. 107-63 added subsec. (h).
