Title 16, ConservationRelease 119-110

§410aaa–81c Prohibited Uses of Acquired, Donated, and Conservation Land

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LIX–Y — CALIFORNIA DESERT LANDS PARKS, PRESERVE, AND OFF-HIGHWAY VEHICLE RECREATION AREAS › Part D — Miscellaneous Provisions › § 410aaa–81c

Last updated Sep 22, 2026|Official source

Summary

Stops the Secretary from allowing uses on protected lands in the California Desert Conservation Area that would go against why the land was bought, set aside, or donated. That includes acquired, conservation, and donated lands. Uses generally not allowed are selling or giving the land away, giving rights-of-way, leasing, grazing livestock, building infrastructure (except as allowed below), mining entry, and off‑highway vehicle use except on routes or areas that are officially opened. The Secretary may allow a limited exception if a right‑of‑way application for a renewable energy project was filed on or before December 1, 2009, or if a full NEPA review shows the use is in the public interest. When an exception is allowed, the person getting the permit must donate private land of equal value inside the Conservation Area, and that donated land must be approved after talking with the original donor when possible and giving the public a chance to comment. Acquired land — land bought with Land and Water Conservation Fund money; Conservation Area — the California Desert Conservation Area; Conservation land — land set aside to meet habitat or conservation plans; Donated land — private land given to the United States for conservation there; Donor — the person or group who donates land; Secretary — the Secretary acting through the Director of the Bureau of Land Management; State — California. Existing easements, deed limits, or agreements in place on March 12, 2019 stay in effect. The Secretary may accept or create deed restrictions or easements to meet mitigation needs or to satisfy habitat or State natural communities conservation plans.

Full Legal Text

Title 16, §410aaa–81c

Conservation, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Acquired land (2) Conservation area
(3)Conservation land (4) Donated land (5) Donor (6) Secretary
The term “conservation land” means any land within the Conservation Area that is designated to satisfy the conditions of a Federal habitat conservation plan, general conservation plan, or State natural communities conservation plan, including—
(A)national conservation land established pursuant to section 7202(b)(2)(D) of this title; and
(B)areas of critical environmental concern established pursuant to section 1712(c)(3) of title 43.
(7)State
The term “State” means the State of California.
(b)Prohibitions
Except as provided in subsection (c), the Secretary shall not authorize the use of acquired land, conservation land, or donated land within the Conservation Area for any activities contrary to the conservation purposes for which the land was acquired, designated, or donated, including—
(1)disposal;
(2)rights-of-way;
(3)leases;
(4)livestock grazing;
(5)infrastructure development, except as provided in subsection (c);
(6)mineral entry; and
(7)off-highway vehicle use, except on—
(A)designated routes;
(B)off-highway vehicle areas designated by law; and
(C)administratively designated open areas.
(c)Exceptions
(1)Authorization by Secretary
Subject to paragraph (2), the Secretary may authorize limited exceptions to prohibited uses of acquired land or donated land in the Conservation Area if—
(A)a right-of-way application for a renewable energy development project or associated energy transport facility on acquired land or donated land was submitted to the Bureau of Land Management on or before December 1, 2009; or
(B)after the completion and consideration of an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary has determined that proposed use is in the public interest.
(2)Conditions
(A)In general
If the Secretary grants an exception to the prohibition under paragraph (1), the Secretary shall require the permittee to donate private land of comparable value located within the Conservation Area to the United States to mitigate the use.
(B)Approval
The private land to be donated under subparagraph (A) shall be approved by the Secretary after—
(i)consultation, to the maximum extent practicable, with the donor of the private land proposed for nonconservation uses; and
(ii)an opportunity for public comment regarding the donation.
(d)Existing agreements
Nothing in this section affects permitted or prohibited uses of donated land or acquired land in the Conservation Area established in any easements, deed restrictions, memoranda of understanding, or other agreements in existence on March 12, 2019.
(e)Deed restrictions
Effective beginning on March 12, 2019, within the Conservation Area, the Secretary may—
(1)accept deed restrictions requested by landowners for land donated to, or otherwise acquired by, the United States; and
(2)consistent with existing rights, create deed restrictions, easements, or other third-party rights relating to any public land determined by the Secretary to be necessary—
(A)to fulfill the mitigation requirements resulting from the development of renewable resources; or
(B)to satisfy the conditions of—
(i)a habitat conservation plan or general conservation plan established pursuant to section 1539 of this title; or
(ii)a natural communities conservation plan approved by the State.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(B), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

“Secretary” Defined section 103 of Pub. L. 103–433 provided in part that in this subchapter “Secretary” means the Secretary of the Interior.

Reference

Citations & Metadata

Citation

16 U.S.C. § 410aaa–81c

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110