Title 16ConservationRelease 119-73

§460xxx Beaver Dam Wash National Conservation Area

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER CXXXV— - BEAVER DAM WASH NATIONAL CONSERVATION AREA › § 460xxx

Last updated Apr 6, 2026|Official source

Summary

Creates the Beaver Dam Wash National Conservation Area of about 68,083 acres to protect and improve its natural, cultural, wildlife, scenic, recreational, educational, and scientific values for today and for future generations. The law calls for a "management plan" (the plan the Secretary must make) and defines the National Conservation Area as the lands shown on the official map. The Secretary must write a long‑term management plan no later than 3 years after March 30, 2009, after talking with state, tribal, local officials, and the public. The plan must include limits on where motorized vehicles can go; in most cases vehicles are allowed only on roads the plan names, and in certain mapped areas only on the roads shown there, except for emergency or official use. Uses are allowed only if they help the area’s purpose. Existing livestock grazing that was in place before March 30, 2009 may continue under reasonable rules and the law. Firefighting operations may be done with other agencies. Any land the United States buys for the area becomes part of it and is managed under the Federal Land Policy and Management Act and other laws. Federal land in the area is removed from public‑land entry, mining claims, and mineral or geothermal leasing; land acquired after March 30, 2009 is removed from those laws when it is acquired, all subject to valid existing rights.

Full Legal Text

Title 16, §460xxx

Conservation — Source: USLM XML via OLRC

(a)The purpose of this section is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Beaver Dam Wash National Conservation Area.
(b)In this section:
(1)The term “management plan” means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).
(2)The term “National Conservation Area” means the Beaver Dam Wash National Conservation Area that—
(A)consists of approximately 68,083 acres of public land in the County, as generally depicted on the Beaver Dam Wash National Conservation Area Map; and
(B)is established by subsection (c).
(c)Subject to valid existing rights, there is established in the State the Beaver Dam Wash National Conservation Area.
(d)(1)Not later than 3 years after March 30, 2009, and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.
(2)In developing the management plan required under paragraph (1), the Secretary shall consult with—
(A)appropriate State, tribal, and local governmental entities; and
(B)members of the public.
(3)In developing the management plan required under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles described in subsection (e)(3).
(e)(1)The Secretary shall manage the National Conservation Area—
(A)in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and
(B)in accordance with—
(i)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(ii)this section; and
(iii)any other applicable law (including regulations).
(2)The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further the purpose described in subsection (a).
(3)(A)Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.
(B)In addition to the requirement described in subparagraph (A), with respect to the areas designated on the Beaver Dam Wash National Conservation Area Map as “Designated Road Areas”, motorized vehicles shall be permitted only on the roads identified on such map.
(4)The grazing of livestock in the National Conservation Area, where established before March 30, 2009, shall be permitted to continue—
(A)subject to—
(i)such reasonable regulations, policies, and practices as the Secretary considers necessary; and
(ii)applicable law (including regulations); and
(B)in a manner consistent with the purpose described in subsection (a).
(5)Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.
(f)Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall—
(1)become part of the National Conservation Area; and
(2)be managed in accordance with—
(A)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(B)this section; and
(C)any other applicable law (including regulations).
(g)(1)Subject to valid existing rights, all Federal land located in the National Conservation Area is withdrawn from—
(A)all forms of entry, appropriation, and disposal under the public land laws;
(B)location, entry, and patenting under the mining laws; and
(C)operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(2)If the Secretary acquires additional land that is located in the National Conservation Area after March 30, 2009, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsecs. (e)(1)(B)(i) and (f)(2)(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.

Statutory Notes and Related Subsidiaries

Definitions For definitions of terms used in this section, see section 1971 of Pub. L. 111–11, set out as a note under section 460www of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460xxx

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73