§460iiii — Title 16 Conservation | U.S. Code

Summary

Creates the Pistone-Black Mountain National Conservation Area in Mineral County, Nevada, to protect the Pistone Site on Black Mountain and its historic, cultural, archaeological, natural, and educational resources. Conservation Area = the Pistone-Black Mountain National Conservation Area. Secretary = the Secretary of the Interior. Tribe = the Walker River Paiute Tribe. The area covers about 3,415 acres of BLM land shown on a map dated May 12, 2020 that is kept in BLM offices. The Secretary must manage the area to conserve its resources, follow this law and other federal land laws, and keep it as part of the National Landscape Conservation System. Only uses that help those goals are allowed. The Tribe must be given access to cultural sites and those sites and burial places must be kept safe from disturbance. The Secretary can make cooperative agreements with the State, tribes, and organizations, and the Tribe must be part of any such agreement. A management plan must be completed within 2 years after December 23, 2022, with consultation with state, tribal, local governments and the public; the plan must describe allowed uses, consider other plans and studies, and include a cooperative agreement with the Tribe about historical and cultural values. Public land in the area is withdrawn from public land disposals, mining claims, and mineral/leasing laws, subject to valid existing rights; any mineral interests bought after December 23, 2022 are withdrawn when acquired. The State keeps wildlife authority, but the Secretary may close areas or times for hunting, fishing, or trapping for safety, administration, or legal compliance after consulting the State and notifying the public except in emergencies. Existing livestock grazing allowed on December 23, 2022 may continue under applicable laws. No buffer zone is created, outside activities visible or audible inside are not automatically barred, military overflights and related airspace actions are allowed, and nothing here creates any water rights for the area.

Title 16, §460iiii

Conservation — Source: USLM XML via OLRC

(1)In this section:

(A)The term “Conservation Area” means the Pistone-Black Mountain National Conservation Area established by paragraph (2)(A).

(B)The term “Secretary” means the Secretary of the Interior.

(C)The term “Tribe” means the Walker River Paiute Tribe.

(2)(A)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)(i)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)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)(A)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 section;

(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)The Secretary shall allow only those uses of the Conservation Area that the Secretary determines would further the purposes of the Conservation Area.

(C)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)The Secretary may, in a manner consistent with this section, enter into cooperative agreements with the State of Nevada, affected Indian tribes, and institutions and organizations to carry out the purposes of this section, subject to the requirement that the Tribe shall be a party to any cooperative agreement entered into under this subparagraph.

(4)(A)Not later than 2 years after December 23, 2022, the Secretary shall develop a management plan for the Conservation Area.

(B)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)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)(A)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)If the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after December 23, 2022, the parcel is withdrawn from operation of the laws referred to in subparagraph (A) on the date of acquisition of the parcel.

(6)(A)Subject to subparagraph (B), nothing in this section affects the jurisdiction of the State of Nevada with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area.

(B)(i)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)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)In the case of land included in the Conservation Area on which the Secretary permitted, as of December 23, 2022, livestock grazing, the livestock grazing shall be allowed to continue, subject to applicable laws (including regulations).

(8)(A)Nothing in this section creates a protective perimeter or buffer zone around the Conservation Area.

(B)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)Nothing in this section 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)Nothing in this section constitutes an express or implied reservation of any water rights with respect to the Conservation Area.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in par. (3)(A)(ii)(II), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of Title 43 and Tables.

§460iiii Pistone-Black Mountain National Conservation Area