Sec. 2903. NATIONAL CONSERVATION AREAS
1,958 words·~9 min read·
/statute-compilations/comps-17475/sec-2903A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 2903 NATIONAL CONSERVATION AREAS ###
(a)Numunaa Nobe National Conservation Area **[**[16 U.S.C. 460hhhh](/us/usc/t16/s460hhhh)**]** ####
(1)Definitions In this subsection: #####
(A)Conservation area The term “Conservation Area” means the Numunaa Nobe National Conservation Area established by paragraph (2). #####
(B)Management plan The term “management plan” means the management plan for the Conservation Area developed under paragraph (3)(B). #####
(C)Secretary The term “Secretary” means the Secretary of the Interior. ####
(2)Establishment #####
(A)In general To conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, recreational, and scenic resources of the Conservation Area, subject to valid existing rights, there is established the Numunaa Nobe National Conservation Area in the State of Nevada, to be administered by the Secretary. #####
(B)Area included ######
(i)In general The Conservation Area shall consist of approximately 160,224 acres of public land in Churchill County, Nevada, as generally depicted on the map entitled “Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill” and dated November 30, 2022. ######
(ii)Availability of map The map described in clause
(i)shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. ####
(3)Management #####
(A)In general The Secretary shall administer the Conservation Area in a manner that conserves, protects, and enhances the resources of the Conservation Area— ######
(i)in accordance with— ######
(I)this subsection; ######
(II)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and ######
(III)any other applicable law; and ######
(ii)as a component of the National Landscape Conservation System. #####
(B)Management plan ######
(i)In general Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a management plan for the Conservation Area. ######
(ii)Consultation In developing the management plan, the Secretary shall consult with— ######
(I)appropriate Federal, State, Tribal, and local governmental entities; and ######
(II)members of the public. ######
(iii)Requirements The management plan shall— ######
(I)describe the appropriate uses of the Conservation Area; ######
(II)in accordance with paragraph (5), authorize the use of motor vehicles in the Conservation Area, where appropriate, including for the maintenance of existing roads; and ######
(III)incorporate any provision of an applicable land and resource management plan that the Secretary considers to be appropriate, to include the Search and Rescue Training Cooperative Agreement between the Bureau of Land Management and the Naval Strike and Air Warfare Training Center dated July 6, 1998, and the Carson City District BLM Administrative Guide to Military Activities on and Over the Public Lands dated January 25, 2012. ####
(4)Uses The Secretary shall allow only those uses of the Conservation Area that the Secretary determines would further the purposes of the Conservation Area. ####
(5)Motorized vehicles Except as needed for administrative purposes, planned military activities authorized by paragraph (3)(B)(iii)(III), or to respond to an emergency, the use of motorized vehicles in the Conservation Area shall be permitted only on roads and trails designated for the use of motorized vehicles by the management plan. ####
(6)Withdrawal #####
(A)In general Subject to valid existing rights, all public land in the Conservation Area is withdrawn from— ######
(i)all forms of entry, appropriation, and disposal under the public land laws; ######
(ii)location, entry, and patent under the mining laws; and ######
(iii)disposition under all laws relating to mineral and geothermal leasing or mineral materials. #####
(B)Additional land If the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after the date of enactment of this Act, the parcel is withdrawn from operation of the laws referred to in subparagraph
(A)on the date of acquisition of the parcel. ####
(7)Hunting, fishing, and trapping #####
(A)In general Subject to subparagraph (B), nothing in this subsection affects the jurisdiction of the State of Nevada with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area. #####
(B)Limitations ######
(i)Regulations The Secretary may designate by regulation areas in which, and establish periods during which, no hunting, fishing, or trapping will be permitted in the Conservation Area, for reasons of public safety, administration, or compliance with applicable laws. ######
(ii)Consultation required Except in an emergency, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under clause (i). ####
(8)Grazing In the case of land included in the Conservation Area on which the Secretary permitted, as of the date of enactment of this Act, livestock grazing, the livestock grazing shall be allowed to continue, subject to applicable laws (including regulations). ####
(9)No buffer zones #####
(A)In general Nothing in this subsection creates a protective perimeter or buffer zone around the Conservation Area. #####
(B)Activities outside conservation area The fact that an activity or use on land outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area. ####
(10)Military overflights Nothing in this subsection restricts or precludes— #####
(A)low-level overflights of military aircraft over the Conservation Area, including military overflights that can be seen or heard within the Conservation Area; #####
(B)flight testing and evaluation; or #####
(C)the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Conservation Area. ####
(10)Effect on water rights Nothing in this subsection constitutes an express or implied reservation of any water rights with respect to the Conservation Area. ###
(b)Pistone-Black Mountain National Conservation Area **[**[16 U.S.C. 460iiii](/us/usc/t16/s460iiii)**]** ####
(1)Definitions In this subsection: #####
(A)Conservation area The term “Conservation Area” means the Pistone-Black Mountain National Conservation Area established by paragraph (2)(A). #####
(B)Secretary The term “Secretary” means the Secretary of the Interior. #####
(C)Tribe The term “Tribe” means the Walker River Paiute Tribe. ####
(2)Establishment #####
(A)In general To protect, conserve, and enhance the unique and nationally important historic, cultural, archaeological, natural, and educational resources of the Pistone Site on Black Mountain, subject to valid existing rights, there is established in Mineral County, Nevada, the Pistone-Black Mountain National Conservation Area. #####
(B)Area included ######
(i)In general The Conservation Area shall consist of the approximately 3,415 acres of public land in Mineral County, Nevada, administered by the Bureau of Land Management, as depicted on the map entitled “Black Mountain/Pistone Archaeological District” and dated May 12, 2020. ######
(ii)Availability of map The map described in clause
(i)shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. ####
(3)Management #####
(A)In general The Secretary shall manage the Conservation Area— ######
(i)in a manner that conserves, protects, and enhances the resources and values of the Conservation Area, including the resources and values described in paragraph (2)(A); ######
(ii)in accordance with— ######
(I)this subsection; ######
(II)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and ######
(III)any other applicable law; and ######
(iii)as a component of the National Landscape Conservation System. #####
(B)Uses The Secretary shall allow only those uses of the Conservation Area that the Secretary determines would further the purposes of the Conservation Area. #####
(C)Tribal cultural resources In administering the Conservation Area, the Secretary shall provide for— ######
(i)access to and use of cultural resources by the Tribe at the Conservation Area; and ######
(ii)the protection from disturbance of the cultural resources and burial sites of the Tribe located in the Conservation Area. #####
(D)Cooperative agreements The Secretary may, in a manner consistent with this subsection, enter into cooperative agreements with the State of Nevada, affected Indian tribes, and institutions and organizations to carry out the purposes of this subsection, subject to the requirement that the Tribe shall be a party to any cooperative agreement entered into under this subparagraph. ####
(4)Management plan #####
(A)In general Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a management plan for the Conservation Area. #####
(B)Consultation In developing the management plan required under subparagraph (A), the Secretary shall consult with— ######
(i)appropriate State, Tribal, and local governmental entities; and ######
(ii)members of the public. #####
(C)Requirements The management plan developed under subparagraph
(A)shall— ######
(i)describe the appropriate uses and management of the Conservation Area; ######
(ii)incorporate, as appropriate, decisions contained in any other management or activity plan for the land in or adjacent to the Conservation Area; ######
(iii)take into consideration any information developed in studies of the land and resources in or adjacent to the Conservation Area; and ######
(iv)provide for a cooperative agreement with the Tribe to address the historical, archaeological, and cultural values of the Conservation Area. ####
(5)Withdrawal #####
(A)In general Subject to valid existing rights, all public land in the Conservation Area is withdrawn from— ######
(i)all forms of entry, appropriation, and disposal under the public land laws; ######
(ii)location, entry, and patent under the mining laws; and ######
(iii)disposition under all laws relating to mineral and geothermal leasing or mineral materials. #####
(B)Additional land If the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after the date of enactment of this Act, the parcel is withdrawn from operation of the laws referred to in subparagraph
(A)on the date of acquisition of the parcel. ####
(6)Hunting, fishing, and trapping #####
(A)In general Subject to subparagraph (B), nothing in this subsection affects the jurisdiction of the State of Nevada with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area. #####
(B)Limitations ######
(i)Regulations The Secretary may designate by regulation areas in which, and establish periods during which, no hunting, fishing, or trapping will be permitted in the Conservation Area, for reasons of public safety, administration, or compliance with applicable laws. ######
(ii)Consultation required Except in an emergency, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under clause (i). ####
(7)Grazing In the case of land included in the Conservation Area on which the Secretary permitted, as of the date of enactment of this Act, livestock grazing, the livestock grazing shall be allowed to continue, subject to applicable laws (including regulations). ####
(8)No buffer zones #####
(A)In general Nothing in this subsection creates a protective perimeter or buffer zone around the Conservation Area. #####
(B)Activities outside conservation area The fact that an activity or use on land outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area. ####
(9)Military overflights Nothing in this subsection restricts or precludes— #####
(A)low-level overflights of military aircraft over the Conservation Area, including military overflights that can be seen or heard within the Conservation Area; #####
(B)flight testing and evaluation; or #####
(C)the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Conservation Area. ####
(10)Effect on water rights Nothing in this subsection constitutes an express or implied reservation of any water rights with respect to the Conservation Area.
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources