§460eeee — Title 16 Conservation | U.S. Code

Summary

Creates the Vinagre Wash Special Management Area in Imperial County, California, to be managed by the Secretary. Defined terms: "Management Area" means the Vinagre Wash Special Management Area; "map" means the map titled "Proposed Vinagre Wash Special Management Area and Proposed Wilderness" dated December 4, 2018; "public land" means public lands under the Federal Land Policy and Management Act of 1976; and "State" means the State of California. The Management Area covers approximately 81,880 acres. Its purpose is to conserve, protect, and improve the plants, wildlife, and the area’s important ecological, geological, scenic, recreational, archaeological, cultural, and historic resources. The Secretary must manage the area to meet those purposes and follow the Federal Land Policy and Management Act and other laws. Only uses that fit those purposes are allowed, such as hiking, camping, hunting, sightseeing, and use of motorized vehicles, mountain bikes, and horses on designated routes. Off-highway vehicles are allowed on routes shown on the map, but the Secretary may close or reroute routes for resource damage, Tribal cultural protection, public safety, or law. For 3 years after March 12, 2019, the Secretary must take public petitions about new routes and may add routes that give significant or unique recreation and fit the area’s purpose. No new mining, land disposal, or mineral and renewable energy leasing is allowed on Federal land in the area, subject to valid existing rights. The Secretary must submit the map and legal description to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources within 3 years after March 12, 2019 and keep copies at Bureau of Land Management offices. The Secretary must provide signs, maps, safety materials, restore closed areas (including vertical mulching), set up volunteer monitoring and stewardship with Tribes and others, complete a Tribal cultural resources survey and consult with the Quechan Indian Nation and other Tribes within 2 years after March 12, 2019, and may allow the Navy limited non‑wilderness training uses consistent with the law.

Title 16, §460eeee

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “Management Area” means the Vinagre Wash Special Management Area established by subsection (b).

(2)The term “map” means the map entitled “Proposed Vinagre Wash Special Management Area and Proposed Wilderness” and dated December 4, 2018.

(3)The term “public land” has the meaning given the term “public lands” in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(4)The term “State” means the State of California.

(b)There is established the Vinagre Wash Special Management Area in the State, to be managed by the Secretary.

(c)The purpose of the Management Area is to conserve, protect, and enhance—

(1)the plant and wildlife values of the Management Area; and

(2)the outstanding and nationally significant ecological, geological, scenic, recreational, archaeological, cultural, historic, and other resources of the Management Area.

(d)The Management Area shall consist of the public land in Imperial County, California, comprising approximately 81,880 acres, as generally depicted on the map as “Proposed Special Management Area”.

(e)(1)As soon as practicable, but not later than 3 years, after March 12, 2019, the Secretary shall submit a map and legal description of the Management Area to—

(A)the Committee on Natural Resources of the House of Representatives; and

(B)the Committee on Energy and Natural Resources of the Senate.

(2)The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any errors in the map and legal description.

(3)Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(f)(1)The Secretary shall manage the Management Area—

(A)in a manner that conserves, protects, and enhances the purposes for which the Management Area is established; and

(B)in accordance with—

(i)this section;

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

(iii)other applicable laws.

(2)The Secretary shall allow only those uses that are consistent with the purposes of the Management Area, including hiking, camping, hunting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated routes in the Management Area in a manner that—

(A)is consistent with the purpose of the Management Area described in subsection (c);

(B)ensures public health and safety; and

(C)is consistent with all applicable laws (including regulations), including the Desert Renewable Energy Conservation Plan.

(3)(A)Subject to subparagraphs (B) and (C) and all other applicable laws, the use of off-highway vehicles shall be permitted on routes in the Management Area as generally depicted on the map.

(B)The Secretary may close or permanently reroute a portion of a route described in subparagraph (A)—

(i)to prevent, or allow for restoration of, resource damage;

(ii)to protect Tribal cultural resources, including the resources identified in the Tribal cultural resources management plan developed under section 410aaa–75(d) of this title;

(iii)to address public safety concerns; or

(iv)as otherwise required by law.

(C)During the 3-year period beginning on March 12, 2019, the Secretary—

(i)shall accept petitions from the public regarding additional routes for off-highway vehicles; and

(ii)may designate additional routes that the Secretary determines—

(I)would provide significant or unique recreational opportunities; and

(II)are consistent with the purposes of the Management Area.

(4)Subject to valid existing rights, all Federal land within the Management Area is withdrawn from—

(A)all forms of entry, appropriation, or disposal under the public land laws;

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

(C)right-of-way, leasing, or disposition under all laws relating to—

(i)minerals and mineral materials; or

(ii)solar, wind, and geothermal energy.

(5)The establishment of the Management Area shall not—

(A)create a protective perimeter or buffer zone around the Management Area; or

(B)preclude uses or activities outside the Management Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Management Area.

(6)The Secretary shall ensure that visitors to the Management Area have access to adequate notice relating to the availability of designated routes in the Management Area through—

(A)the placement of appropriate signage along the designated routes;

(B)the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate; and

(C)restoration of areas that are not designated as open routes, including vertical mulching.

(7)The Secretary, in consultation with Indian Tribes and other interests, shall develop a program to provide opportunities for monitoring and stewardship of the Management Area to minimize environmental impacts and prevent resource damage from recreational use, including volunteer assistance with—

(A)route signage;

(B)restoration of closed routes;

(C)protection of Management Area resources; and

(D)recreation education.

(8)Not later than 2 years after March 12, 2019, the Secretary, in accordance with chapter 2003 of title 54 and any other applicable law, shall—

(A)prepare and complete a Tribal cultural resources survey of the Management Area; and

(B)consult with the Quechan Indian Nation and other Indian Tribes demonstrating ancestral, cultural, or other ties to the resources within the Management Area on the development and implementation of the Tribal cultural resources survey under subparagraph (A).

(9)The Secretary may authorize use of the non-wilderness portion of the Management Area by the Secretary of the Navy for Naval Special Warfare Tactical Training, including long-range small unit training and navigation, vehicle concealment, and vehicle sustainment training, consistent with this section and other applicable laws.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

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.

§460eeee Vinagre Wash Special Management Area