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

Summary

Keeps certain lands in the California Desert safe for conservation and limits what they can be used for. Acquired land — land bought with Land and Water Conservation Fund money (see section 200302 of title 54). Conservation Area — the California Desert Conservation Area. Conservation land — land set aside to meet federal or state conservation plans (includes national conservation land under section 7202(b)(2)(D) and areas of critical environmental concern under section 1712(c)(3) of title 43). Donated land — private land given to the United States for conservation. Donor — the person or group who donates land. Secretary — the Secretary acting through the Director of the Bureau of Land Management. State — California. The Secretary must not allow uses on acquired, conservation, or donated land that conflict with the land’s conservation purpose. That includes things like selling the land, rights-of-way, leases, grazing, building infrastructure (unless an exception applies), mining, and off-highway vehicle use except on designated routes or areas. Limited exceptions for acquired or donated land are allowed if a renewable-energy right-of-way was applied for on or before December 1, 2009, or if the Secretary, after a NEPA review, finds the proposed use is in the public interest. If an exception is granted, the permit holder must give the United States private land of similar value in the Conservation Area, approved after consulting the donor when possible and allowing public comment. Existing easements or agreements that were in place on March 12, 2019 stay in effect. Starting March 12, 2019, the Secretary may accept or create deed restrictions, easements, or other third-party rights to meet mitigation for renewable projects or to satisfy federal or State conservation-plan conditions (see section 1539 for federal plans).