Sec. 3. Establishment of conservation areas
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Subject to valid existing rights, there is established in the State— the Great Bend of the Gila National Conservation Area; and the Palo Verde National Conservation Area. The Great Bend of the Gila National Conservation Area consists of the approximately 329,310 acres of land administered by the Bureau of Land Management, as generally depicted on the Great Bend of the Gila Map. The Palo Verde National Conservation Area consists of the approximately 47,653 acres of land administered by the Bureau of Land Management, as generally depicted on the Great Bend of the Gila Map.
The purposes of the Conservation Areas are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the Indigenous ancestral, archaeological, cultural, historic, geologic, hydrologic, natural, recreational, educational, and scenic resources of the Conservation Areas. The Secretary shall manage the Conservation Areas— in a manner that conserves, protects, and enhances the resources of the Conservation Areas; in a manner that preserves and protects Tribal Cultural Sites; in consultation with the applicable Tribal commissions; as components of the National Landscape Conservation System; and in accordance with— the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. );
Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996 ); this Act; and any other applicable law. In accordance with this Act, the Secretary shall only authorize new or existing uses within the Conservation Areas that the Secretary determines, in consultation with the applicable Tribal commission, are consistent with— the purposes described in subsection (b); the management priorities identified in paragraph (1); the preservation of Tribal Cultural Sites within the Conservation Areas; and this Act.
If the Secretary determines under subparagraph
(A)that a new use is consistent with the requirements of clauses
(i)through
(iv)of that subparagraph, before authorizing the new use, the Secretary shall request agreement from the applicable Tribal commission. The Secretary shall authorize the new use for which the Secretary requests agreement under clause
(i)if the applicable Tribal commission— agrees to the new use; or does not respond to the request by the date that is 60 days after the date on which the Secretary makes the request under clause (i). If the applicable Tribal commission denies agreement for a new use on or before the date that is 60 days after the date on which the Secretary makes the request under clause (i), the Secretary shall— consult with the applicable Tribal commission to determine specific measures to eliminate or, to the extent practicable, mitigate potential adverse impacts to the Conservation Areas resulting from the new use; and authorize the new use, subject to completion of the measures determined under subclause (I), or deny the new use if elimination or substantial mitigation of potential adverse impacts is not practicable. Except as provided in clauses
(ii)and (iii), and as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Conservation Areas after the effective date of the land management plans shall be allowed only on roads and trails designated for the use of motor vehicles in the land management plans. Except as needed for administrative purposes or to respond to an emergency, the use of motor vehicles within the area generally depicted on the Great Bend of the Gila Map as Proposed Resource Protection Area shall be prohibited. Except as provided in section 6(c), no new permanent or temporary roads or other motorized vehicle routes shall be constructed within the Conservation Areas after the date of the enactment of this Act.
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- Pub. L. 95-341
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