Sec. 6. Management of conservation areas and wilderness areas
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Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a comprehensive management plan for each of the Conservation Areas that provides for the long-term protection and management of the Conservation Areas. In developing a management plan under paragraph (1), the Secretary shall— closely collaborate with each applicable Tribal commission in accordance with paragraph (3); consult with— interested Indian Tribes; appropriate State and local governmental entities; and members of the public; at the request of an interested Indian Tribe, include the interested Indian Tribe as a cooperating agency in the development of the management plan; and to the maximum extent practicable, incorporate Native knowledge.
In developing a management plan under this subsection, the Secretary shall carefully and fully consider incorporating the traditional, historical, and cultural knowledge and Native knowledge of the applicable Tribal commission, if the Tribal commission submits such information to the Secretary as written recommendations. If the Secretary determines that a specific recommendation submitted to the Secretary under subparagraph
(A)is impracticable, infeasible, or not in the public interest, the Secretary shall consult with the applicable Tribal commission to determine specific measures to modify, or otherwise address, the recommendation. If, after consultation under subparagraph (B), the Secretary determines not to incorporate a specific recommendation submitted to the Secretary under subparagraph (A), the Secretary shall provide to the Tribal commission a written explanation of the reason for the determination by the date that is 30 days after the date on which the determination is made. The land management plan for each of the relevant Conservation Areas shall— describe the appropriate uses and management of the relevant Conservation Area; provide for traditional uses of the Conservation Area by members of Indian Tribes in accordance with subsection
(b)and section 7; provide for the protection and preservation of cultural resources within the relevant Conservation Area; be developed with extensive public input and government-to-government consultation with interested Indian Tribes; take into consideration any information developed in studies of the land within the relevant Conservation Area; and include comprehensive travel management plans for the relevant Conservation Area. To the extent practicable, the Secretary shall ensure access to the Conservation Areas for traditional cultural activities by members of Indian Tribes that are culturally associated with the Conservation Areas. Access provided under paragraph
(1)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. In implementing this subsection, the Secretary, upon the request of an interested Indian Tribe, may temporarily close to general public use of portions of the Conservation Areas to protect the privacy of traditional cultural activities in such areas by members of the interested Indian Tribe. Any closure pursuant to subparagraph
(A)shall be made to affect the smallest practicable area for the minimum period of time necessary for such purposes. The Secretary shall allow access, in accordance with applicable law, to— non-Federal land and interests in non-Federal land within the Conservation Areas; and trust or restricted lands or a trust or restricted interest in land (as defined by section 201(4) of the Indian Land Consolidation Act ( 25 U.S.C. 2201(4) )) within the Conservation Areas. The Secretary shall, in consultation with each applicable Tribal Commission, seek to coordinate conservation, protection, restoration, and scientific management of the lands within the Great Bend of the Gila National Conservation Area with similar activities carried out on PLO 1015 lands. The Secretary shall seek to ensure that the following areas are interpreted for the public as an overall complex linked by natural and cultural history and resources: The Great Bend of the Gila National Conservation Area. The Gila Bend Wilderness. The Red Rock Canyon Wilderness. PLO 1015 lands. Subject to valid existing rights, all Federal land in the Conservation Areas (including any land acquired by the Secretary within the Conservation Areas after the date of the enactment of this Act) is withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. The Secretary may acquire land or an interest in land within the boundaries of the Conservation Areas by purchase from a willing seller, donation, or exchange. The Secretary, in collaboration with the Arizona State Land Department, shall seek to acquire by exchange or purchase from a willing seller those lands generally depicted on the Great Bend of the Gila Map as Lands Identified for Potential Acquisition . Land acquired under paragraph
(1)or paragraph
(2)shall— become part of the appropriate Conservation Area and, if within the Wilderness Areas, the appropriate wilderness area; and be managed in accordance with this Act and any other applicable laws. If the Secretary determines that the lands withdrawn by PLO 1015 and utilized by the Arizona Fish and Game Commission are no longer necessary for the purposes for which they were withdrawn, such lands shall— become part of the Great Bend of the Gila National Conservation Area; and be managed by the United States Fish and Wildlife Service in accordance with this Act and any other applicable laws. The grazing of livestock in the Conservation Areas and the Wilderness Areas, where established before the date of the enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with— applicable law (including regulations); the purposes of the Conservation Areas; and if within the Wilderness Areas, in accordance with the section 101(f) of the Arizona Wilderness Act of 1990 ( 16 U.S.C. 1132 note; Public Law 101–628 ) and section 4(b)(2). Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife in the State. Nothing in this Act— shall constitute either an express or implied reservation by the United States of any water rights for the Conservation Areas; affects the use or allocation, in existence on the date of the enactment of this Act, of any water, water right, or interest in water; affects any interstate water compact in existence on the date of the enactment of this section; or shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act. The Secretary may prescribe such measures to control or eradicate nonnative invasive plants within the Conservation Areas and the Wilderness Areas in accordance with— the purposes of the Conservation Areas described in section 3(b); the land management plans for each of the Conservation Areas; applicable law (including regulations); and if within the Wilderness Areas, in accordance with section 4 of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ). Not later than 3 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary shall conduct an inventory of nonnative invasive plant species in the Conservation Areas. The Secretary shall coordinate the management of nonnative invasive species within the Conservation Areas with the Flood Control District of Maricopa County and neighboring communities. The Secretary shall, in consultation with each applicable Tribal Commission, allow scientific research to be conducted in the Conservation Areas and the Wilderness Areas, including research to identify, protect, and preserve the historic and cultural resources of the Conservation Areas and the Wilderness Areas, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with— applicable law (including regulations); the purposes of the Conservation Areas; if within the Wilderness Areas, in accordance with section 4 of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and this Act. Nothing in this Act restricts or precludes— low-level overflights of military aircraft over the Conservation Areas, including military overflights that can be seen or heard within the Conservation 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 Conservation Areas. Nothing in this Act shall be construed to create a protective perimeter or buffer zone around the Conservation Areas. The fact that activities or uses can be seen or heard from areas within the Conservation Areas shall not preclude the conduct of the activities or uses outside the boundary of the Conservation Areas.
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- Pub. L. 95-341
- Pub. L. 101-628
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Sec. 6
Management of conservation areas and wilderness areas
Pub. L.Pub. L. 95-341
Pub. L.Pub. L. 101-628
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