§460yyy–2 — Title 16 Conservation | U.S. Code

Summary

The Secretary must manage the Conservation Area to protect, conserve, and improve its natural, cultural, and scientific resources. Only uses that do not harm the cave resources are allowed. Management must follow this law, the Federal Land Policy and Management Act of 1976, and other applicable laws. The Secretary must provide for things like conservation for science and education, appropriate public access that keeps people and the caves safe, continuing or adding uses that do not defeat the area's purpose, surface management under the Fort Stanton Area of Critical Environmental Concern Final Activity Plan dated March, 2001 (or its amendments), and research and education partnerships with colleges, schools, and scientific groups. Subject to valid existing rights, federal surface and underground land in the Conservation Area and land the United States acquires for it after March 30, 2009 are withdrawn from general land entry and disposal, from mining claims and patents, and from mineral and geothermal leasing. The Secretary must write a comprehensive management plan not later than 2 years after March 30, 2009 that describes allowed uses, considers other plans and studies, and includes a cooperative agreement with Lincoln County, New Mexico about local involvement. The Secretary may build research and interpretation facilities and make cooperative agreements with New Mexico and other organizations. Nothing here creates or reserves any water right.

Title 16, §460yyy–2

Conservation — Source: USLM XML via OLRC

(a)(1)The Secretary shall manage the Conservation Area—

(A)in a manner that conserves, protects, and enhances the resources and values of the Conservation Area, including the resources and values described in section 460yyy–1(a) of this title; and

(B)in accordance with—

(i)this subchapter;

(ii)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(iii)any other applicable laws.

(2)The Secretary shall only allow uses of the Conservation Area that are consistent with the protection of the cave resources.

(3)In administering the Conservation Area, the Secretary shall provide for—

(A)the conservation and protection of the natural and unique features and environs for scientific, educational, and other appropriate public uses of the Conservation Area;

(B)public access, as appropriate, while providing for the protection of the cave resources and for public safety;

(C)the continuation of other existing uses or other new uses of the Conservation Area that do not impair the purposes for which the Conservation Area is established;

(D)management of the surface area of the Conservation Area in accordance with the Fort Stanton Area of Critical Environmental Concern Final Activity Plan dated March, 2001, or any amendments to the plan, consistent with this subchapter; and

(E)scientific investigation and research opportunities within the Conservation Area, including through partnerships with colleges, universities, schools, scientific institutions, researchers, and scientists to conduct research and provide educational and interpretive services within the Conservation Area.

(b)Subject to valid existing rights, all Federal surface and subsurface land within the Conservation Area and all land and interests in the land that are acquired by the United States after March 30, 2009, for inclusion in the Conservation Area, are withdrawn from—

(1)all forms of entry, appropriation, or disposal under the general land laws;

(2)location, entry, and patent under the mining laws; and

(3)operation under the mineral leasing and geothermal leasing laws.

(c)(1)Not later than 2 years after March 30, 2009, the Secretary shall develop a comprehensive plan for the long-term management of the Conservation Area.

(2)The management plan shall—

(A)describe the appropriate uses and management of the Conservation Area;

(B)incorporate, as appropriate, decisions contained in any other management or activity plan for the land within or adjacent to the Conservation Area;

(C)take into consideration any information developed in studies of the land and resources within or adjacent to the Conservation Area; and

(D)provide for a cooperative agreement with Lincoln County, New Mexico, to address the historical involvement of the local community in the interpretation and protection of the resources of the Conservation Area.

(d)(1)The Secretary may establish facilities for—

(A)the conduct of scientific research; and

(B)the interpretation of the historical, cultural, scientific, archaeological, natural, and educational resources of the Conservation Area.

(2)The Secretary may, in a manner consistent with this subchapter, enter into cooperative agreements with the State of New Mexico and other institutions and organizations to carry out the purposes of this subchapter.

(e)Nothing in this subchapter constitutes an express or implied reservation of any water right.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(1)(B)(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.

§460yyy–2 Management of the Conservation Area