§410aaa–81c Prohibited uses of acquired, donated, and conservation land

Summary

The Secretary must not let land bought with Land and Water Conservation Fund money, land set aside to meet habitat or conservation plans, or private land donated for conservation inside the California Desert Conservation Area be used in ways that conflict with its conservation purpose. That includes selling or leasing the land, giving rights-of-way, grazing livestock, building new infrastructure (except limited cases), opening mineral claims, or allowing off‑highway vehicle use except on approved routes, areas set by law, or areas the agency opens. The Secretary can make limited exceptions if a right‑of‑way request for a renewable energy project was filed by December 1, 2009, or if an environmental review under the National Environmental Policy Act finds the use is in the public interest. Any approved exception must be offset by the permittee giving private land of similar value within the Conservation Area, approved after consulting the owner as much as practicable and allowing public comment. Existing easements or agreements in force on March 12, 2019 stay in effect. Starting March 12, 2019, the Secretary may accept deed restrictions from landowners and may create deed restrictions or easements on public land to meet mitigation for renewable projects or to satisfy federal or state conservation plan conditions. Defined terms: acquired land (bought with Land and Water Conservation Fund), Conservation Area (California Desert Conservation Area), conservation land (land used to meet habitat or conservation plans), donated land (private land given to the U.S. for conservation), donor (person or entity who gives land), Secretary (the Secretary acting through the BLM Director), State (California).