§ 460xx-1. — 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: 16USC460xx-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CIX--SAN PEDRO RIPARIAN NATIONAL CONSERVATION AREA
Sec. 460xx-1. Management
(a) General authorities
The Secretary shall manage the conservation area in a manner that
conserves, protects, and enhances the riparian area and the aquatic,
wildlife, archeological, paleontological, scientific, cultural,
educational, and recreational resources of the conservation area. Such
management shall be guided by this subchapter and, where not
inconsistent with this subchapter, by the provisions of the Federal Land
Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.] (hereinafter
in this subchapter referred to as ``FLPMA'').
(b) Uses
The Secretary shall only allow such uses of the conservation area as
he finds will further the primary purposes for which the conservation
area is established. Except where needed for administrative or emergency
purposes, the use of motorized vehicles in the conservation area shall
only be allowed on roads specifically designated for such use as part of
the management plan prepared pursuant to section 460xx-2 of this title.
The Secretary shall have the power to implement such reasonable limits
to visitation and use of the conservation area as he finds appropriate
for the protection of the resources of the conservation area, including
requiring permits for public use, or closing portions of the
conservation area to public use.
(c) Withdrawals
Subject to valid existing rights, all Federal lands within the
conservation area are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from location,
entry, and patent under the United States mining laws; and from
disposition under all laws pertaining to mineral and geothermal leasing
and all amendments thereto.
(d) Water rights
Congress reserves for the purposes of this reservation, a quantity
of water sufficient to fulfill the purposes of the San Pedro Riparian
National Conservation Area created by this subchapter. The priority date
of such reserve rights shall be November 18, 1988. The Secretary shall
file a claim for the quantification of such rights in an appropriate
stream adjudication.
(e) Enforcement
Any person who violates any provision of this subchapter or any
regulation promulgated by the Secretary to implement this subchapter
shall be subject to a fine of up to $10,000, or imprisonment for up to
one year, or both.
(Pub. L. 100-696, title I, Sec. 102, Nov. 18, 1988, 102 Stat. 4571.)
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 public land laws, referred to in subsec. (c), are classified
generally to Title 43.
The United States mining laws and the mineral leasing laws, referred
to in subsec. (c), are classified generally to Title 30, Mineral Lands
and Mining.
Geothermal leasing laws, referred to in subsec. (c), are classified
principally to chapter 23 (Sec. 1001 et seq.) of Title 30.