Sec. 7. Management of national conservation areas, wilderness areas, and special management areas
1,151 words·~5 min read·
/bill/115/hr/6520/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this Act restricts or precludes— overflights of military aircraft over the National Conservation Areas, Wilderness Areas, or Special Management Areas designated by this Act including military overflights that can be seen or heard within the areas; flight testing and evaluation; or the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the National Conservation Areas, Wilderness Areas, or Special Management Areas.
Nothing in this section or the Wilderness Act ( 16 U.S.C. 1131 et seq.) shall affect hunting, under applicable State and Federal laws and regulations, within a covered wilderness area. As provided in section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this section or the Wilderness Act shall be construed as affecting the jurisdiction or responsibilities of the State of Arizona with respect to fish and wildlife in the State. Management activities to maintain or restore fish and wildlife populations and the habitats to support such populations may be carried out within a covered wilderness area, where consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq.) and other applicable laws.
The Secretary shall enter into a cooperative agreement with the State of Arizona for management of fish and wildlife within a covered wilderness area. The cooperative agreement shall specify the terms and conditions under which the State or a designee of the State may use wildlife management activities in a covered wilderness area consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq.), and other applicable laws. Except as provided in paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the National Conservation Areas or Special Management Areas in accordance with the laws (including regulations) applicable to the issuance and administration of such leases and permits on other land under the jurisdiction of the Bureau of Land Management.
The grazing of livestock in a wilderness area designated by this Act, if established as of the date of enactment of this Act, shall be permitted to continue— subject to any reasonable regulations, policies, and practices that the Secretary determines to be necessary; and in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and 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). The Secretary shall provide any owner of private property— within the boundary of a national conservation area or special management area designated by this Act adequate access to the property; and within the boundary of a wilderness area designated by this Act adequate access to the property in accordance with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ). The designation of the National Conservation Areas, Wilderness Areas, and Special Management Areas is subject to valid rights in existence on the date of enactment of this Act.
Subject to valid existing rights, all public land within the National Conservation Areas, Wilderness Areas, and Special Management Areas, and all land and interests in land acquired by the United States within the National Conservation Areas, Wilderness Areas, or Special Management Areas is withdrawn from— all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and right-of-way, leasing, or disposition under all laws relating to— minerals; or solar, wind, and geothermal energy.
Nothing in this subtitle creates a protective perimeter or buffer zone around the National Conservation Areas, Wilderness Areas, or Special Management Areas. The fact that an activity or use on land outside a National Conservation Area, Wilderness Area, or Special Management Area can be seen or heard within the area shall not preclude the activity or use outside the boundary of the areas. Subject 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— in the Wilderness Areas, in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and except as provided in paragraph (1), in the National Conservation Areas and Special Management Areas in accordance with this Act and any other applicable laws.
In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the National Conservation Areas and Special Management Areas. To the extent practicable, the Secretary shall ensure access to the National Conservation Areas, Wilderness Areas, and Special Management Areas by members of an Indian tribe for traditional cultural purposes, including spiritual or food-gathering activities.
In implementing this paragraph, the Secretary, upon the request of an Indian tribe, may temporarily close to the general public use of one or more specific portions of a national conservation area, wilderness area, or special management area in order to protect the privacy of traditional cultural activities in such areas by members of the Indian tribe. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95–341 ( 42 U.S.C. 1996 ), commonly referred to as the American Indian Religious Freedom Act.
Nothing in this Act precludes the Secretary from renewing an existing utility right-of-way through a national conservation area or special management area in a manner that minimizes harm to the purposes of the national conservation area or special management area described in subsection
(b)and section 5(a)— in accordance with— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and any other applicable law; and subject to such terms and conditions as the Secretary determines to be appropriate. The provisions of this Act shall not be construed to prevent— the maintenance of communications facilities, in existence on the date of the enactment of this Act and located in a national conservation area; or limited motorized access to such facilities when non-motorized access means are not reasonably available or when time is of the essence, subject to such conditions as the Secretary considers to be desirable. In preparing resource management and travel management plans for the Lower Sonoran Field Office, the Secretary shall provide for protection of the existing, low-standard (BLM Maintenance Level 3) Agua Caliente which provides access to the wilderness and high conservation value lands designated by this Act, and shall assure that the wilderness environment and atmosphere enjoyed by users of this road, which Congress finds is well-matched to the rugged and wild character of the wilderness beyond the roadside, is not degraded by incompatible development within the road corridor or by improvement of the road itself other than as he determines necessary for public safety.
Connectionstraces to 5
1 reference not yet in our index
- Pub. L. 95-341
Citation graph
cites case law
Sec. 7
Management of national conservation areas, wilderness areas, and special management areas
Pub. L.Pub. L. 95-341
Cites 6Cited by 0 across 0 sources