§460xx–1 — Title 16 Conservation | U.S. Code

Summary

The Secretary must manage the conservation area to protect and improve the riverbank (riparian) zone and its water, wildlife, and important places for science, history, culture, education, and recreation. Management must follow the rules in this subchapter and, when they do not conflict, the Federal Land Policy and Management Act of 1976 (FLPMA). Only uses that help the area's main purposes are allowed. Motorized vehicles are allowed only on roads the management plan names, except for official or emergency needs. The Secretary can limit visits, require permits, or close parts to protect resources. All federal land in the area is withdrawn from public entry, mining claims, and mineral or geothermal leasing, subject to valid existing rights. Congress reserved enough water for the area's purposes, with a priority date of November 18, 1988, and the Secretary must file for a water-quantity claim in the proper stream court. Violating these rules or regulations can bring a fine up to $10,000, up to one year in jail, or both.

Title 16, §460xx–1

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall manage the conservation area in a manner that conserves, protects, and enhances the riparian area and the aquatic, wildlife, archeological, paleontological, scientific, cultural, educational, and recreational resources of the conservation area. Such management shall be guided by this subchapter and, where not inconsistent with this subchapter, by the provisions of the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.] (hereinafter in this subchapter referred to as “FLPMA”).

(b)The Secretary shall only allow such uses of the conservation area as he finds will further the primary purposes for which the conservation area is established. Except where needed for administrative or emergency purposes, the use of motorized vehicles in the conservation area shall only be allowed on roads specifically designated for such use as part of the management plan prepared pursuant to section 460xx–2 of this title. The Secretary shall have the power to implement such reasonable limits to visitation and use of the conservation area as he finds appropriate for the protection of the resources of the conservation area, including requiring permits for public use, or closing portions of the conservation area to public use.

(c)Subject to valid existing rights, all Federal lands within the conservation area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto.

(d)Congress reserves for the purposes of this reservation, a quantity of water sufficient to fulfill the purposes of the San Pedro Riparian National Conservation Area created by this subchapter. The priority date of such reserve rights shall be November 18, 1988. The Secretary shall file a claim for the quantification of such rights in an appropriate stream adjudication.

(e)Any person who violates any provision of this subchapter or any regulation promulgated by the Secretary to implement this subchapter shall be subject to a fine of up to $10,000, or imprisonment for up to one year, or both.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), 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.

§460xx–1 Management