16 U.S.C. § 410fff–5: Establishment of the…

Summary

Creates the Gunnison Gorge National Conservation Area of about 57,725 acres and updates its boundary to add about 7,100 acres as shown on a map dated April 2, 2003. The Secretary of the Interior, through the Bureau of Land Management Director, must manage the area to protect its resources under this law, the Federal Land Policy and Management Act of 1976, and other laws. Federal lands inside the area are withdrawn from public land claims, mining claims, and mineral and geothermal leasing, except for valid existing rights. Hunting, trapping, and fishing are allowed under U.S. and Colorado laws, but the Secretary, after consulting the Colorado Division of Wildlife, may set zones or times when hunting or trapping is not allowed for public safety, management, or public enjoyment. Motor vehicles may be used on established roads and off-highway use is allowed as long as it fits the off-highway designations in the management plan that was in effect on October 21, 1999. Within 4 years after October 21, 1999 (by October 21, 2003), the Secretary must make a long-range management plan, share it with the Senate Committee on Energy and Natural Resources and the House Committee on Resources, prepare it with other governments, and may use earlier plans and studies. The Secretary may change the boundary after buying land needed to meet the area's purposes.

Title 16, §410fff–5

Conservation, Source: USLM XML via OLRC

(a)In general

(1)There is established the Gunnison Gorge National Conservation Area, consisting of approximately 57,725 acres as generally depicted on the Map.

(2)The boundary of the Conservation Area is revised to include the addition of approximately 7,100 acres, as generally depicted on the map entitled “Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications”, and dated April 2, 2003.

(b)Management of Conservation Area

The Secretary, acting through the Director of the Bureau of Land Management, shall manage the Conservation Area to protect the resources of the Conservation Area in accordance with—

(1)this subchapter;

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

(3)other applicable provisions of law.

(c)Withdrawal

Subject to valid existing rights, all Federal lands within the Conservation Area are hereby withdrawn from all forms of entry, appropriation or disposal under the public land laws; from location, entry, and patent under the mining laws; and from disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto.

(d)Hunting, trapping, and fishing

(1)In general

The Secretary shall permit hunting, trapping, and fishing within the Conservation Area in accordance with applicable laws (including regulations) of the United States and the State of Colorado.

(2)Exception

The Secretary, after consultation with the Colorado Division of Wildlife, may issue regulations designating zones where and establishing periods when no hunting or trapping shall be permitted for reasons concerning—

(A)public safety;

(B)administration; or

(C)public use and enjoyment.

(e)Use of motorized vehicles

In addition to the use of motorized vehicles on established roadways, the use of motorized vehicles in the Conservation Area shall be allowed to the extent the use is compatible with off-highway vehicle designations as described in the management plan in effect on October 21, 1999.

(f)Conservation Area management plan

(1)In general

Not later than 4 years after October 21, 1999, the Secretary shall—

(A)develop a comprehensive plan for the long-range protection and management of the Conservation Area; and

(B)transmit the plan to—

(i)the Committee on Energy and Natural Resources of the Senate; and

(ii)the Committee on Resources of the House of Representatives.

(2)Contents of plan

The plan—

(A)shall describe the appropriate uses and management of the Conservation Area in accordance with this subchapter;

(B)may incorporate appropriate decisions contained in any management or activity plan for the area completed prior to October 21, 1999;

(C)may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Conservation Area prior to October 21, 1999;

(D)shall be prepared in close consultation with appropriate Federal, State, county, and local agencies; and

(E)may use information developed prior to October 21, 1999, in studies of the land within or adjacent to the Conservation Area.

(g)Boundary revisions

The Secretary may make revisions to the boundary of the Conservation Area following acquisition of land necessary to accomplish the purposes for which the Conservation Area was designated.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (b)(2), 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.

Amendments

2003—Subsec. (a). Pub. L. 108–128 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§410fff–5 Establishment of the Gunnison Gorge National Conservation Area