16 U.S.C. § 460iii–3: Management and use

Summary

Require the Secretary to update the conservation area’s management plan within 1 year after August 4, 1993, and finish a new plan no later than January 1, 1996. Then the Secretary must review the plan at least once every 5 years, let the public take part in those reviews, and allow only land uses that help meet the area’s goals except where other parts of the law say otherwise. After each review, the plan must include steps to protect raptors and their habitat; set allowable levels of military use of the Orchard Training Area that are compatible with that protection; allow public use that fits the area’s purposes; provide education and interpretation; support ongoing scientific study and sharing of results; restore or improve prey habitat; spell out what nonmilitary uses are allowed and under what conditions; and consider charging fees for public uses to support the area. The Secretary, through the BLM director, may establish a visitors center with partners and may open lands to visitors as long as raptor protection, public safety, and the area’s purposes are met, and should provide maps and educational materials. The Secretary must allow continued National Guard use of the Orchard Training Area pending research or until the date 5 years after August 4, 1993 (whichever is shorter), must report research results to the House Committees on Natural Resources and Merchant Marine and Fisheries and the Senate Committee on Energy and Natural Resources, and may continue or limit military use based on that research and the Memorandum of Understanding, including minor boundary adjustments and required decontamination by the State of Idaho Military Division. Livestock grazing may continue if found compatible and will be managed under the Taylor Grazing Act (June 28, 1934; 43 U.S.C. 315 et seq.), section 1752 of title 43, other applicable laws, and the management plan. The Secretary may make cooperative agreements with Idaho, local governments, or private groups. The Secretary cannot use this law to restrict normal agricultural practices on private land next to or inside the area. The Federal Energy Regulatory Commission keeps its current authority over hydroelectric facilities licensed under the Federal Power Act (16 U.S.C. 791a et seq.) inside the area.

Title 16, §460iii–3

Conservation, Source: USLM XML via OLRC

(a)In general

(1)(A)Within 1 year after August 4, 1993, the Secretary shall make any revisions in the existing management plan for the conservation area as necessary to assure its conformance with this subchapter, and no later than January 1, 1996, shall finalize a new management plan for the conservation area.

(B)Thereafter, the Secretary shall review the plan at least once every 5 years and shall make such revisions as may be necessary or appropriate.

(C)In reviewing and revising the plan, the Secretary shall provide for appropriate public participation.

(2)Except as otherwise specifically provided in section 460iii–2(d) of this title and subsections (d), (e), and (f) of this section, the Secretary shall allow only such uses of lands in the conservation area as the Secretary determines will further the purposes for which the conservation area is established.

(b)Management guidance

After each review pursuant to subsection (a), the Secretary shall make such revisions as may be needed so that the plan and management program to implement the plan include, in addition to any other necessary or appropriate provisions, provisions for— (1)

(2)identifying levels of continued military use of the Orchard Training Area compatible with paragraph (1) of this subsection;

(3)public use of the conservation area consistent with the purposes of this subchapter;

(4)interpretive and educational opportunities for the public;

(5)a program for continued scientific investigation and study to provide information to support sound management in accordance with this subchapter, to advance knowledge of raptor species and the resources and values of the conservation area, and to provide a process for transferring to other areas of the public lands and elsewhere this knowledge and management experience;

(6)such vegetative enhancement and other measures as may be necessary to restore or enhance prey habitat;

(7)the identification of levels, types, timing, and terms and conditions for the allowable nonmilitary uses of lands within the conservation area that will be compatible with the protection, maintenance, and enhancement of raptor populations and habitats and the other purposes for which the conservation area is established; and

(8)assessing the desirability of imposing appropriate fees for public uses (including, but not limited to, recreational use) of lands in the conservation area, which are not now subject to fees, to be used to further the purposes for which the conservation area is established.

(c)Visitors center

The Secretary, acting through the Director of the Bureau of Land Management, is authorized to establish, in cooperation with other public or private entities as the Secretary may deem appropriate, a visitors center designed to interpret the history and the geological, ecological, natural, cultural, and other resources of the conservation area and the biology of the raptors and their relationships to man.

(d)Visitors use of area

In addition to the visitors center, the Secretary may provide for visitor use of the public lands in the conservation area to such extent and in such manner as the Secretary considers consistent with the protection of raptors and raptor habitat, public safety, and the purposes for which the conservation area is established. To the extent practicable, the Secretary shall make available to visitors and other members of the public a map of the conservation area and such other educational and interpretive materials as may be appropriate.

(e)National Guard use of area

(1)Pending completion of the ongoing research concerning military use of lands in the conservation area, or until the date 5 years after August 4, 1993, whichever is the shorter period, the Secretary shall permit continued military use of those portions of the conservation area known as the Orchard Training Area in accordance with the Memorandum of Understanding, to the extent consistent with the use levels identified pursuant to subsection (b)(2) of this section.

(2)Upon completion of the ongoing research concerning military use of lands in the conservation area, the Secretary shall review the management plan and make such additional revisions therein as may be required to assure that it meets the requirements of this subchapter.

(3)Upon completion of the ongoing research concerning military use of lands in the conservation area, the Secretary shall submit to the Committees on Natural Resources and Merchant Marine and Fisheries of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of the results of such research.

(4)Nothing in this subchapter shall preclude minor adjustment of the boundaries of the Orchard Training Area in accordance with provisions of the Memorandum of Understanding.

(5)After completion of the ongoing research concerning military use of lands in the Orchard Training Area or after the date 5 years after August 4, 1993, whichever first occurs, the Secretary shall continue to permit military use of such lands, unless the Secretary, on the basis of such research, determines such use is not compatible with the purposes set forth in section 460iii–2(a)(2) of this title. Any such use thereafter shall be permitted in accordance with the Memorandum of Understanding, which may be extended or renewed by the Secretary so long as such use continues to meet the requirements of subsection (b)(2) of this section.

(6)In accordance with the Memorandum of Understanding, the Secretary shall require the State of Idaho Military Division to insure that military units involved maintain a program of decontamination.

(7)Nothing in this subchapter shall be construed as by itself precluding the extension or renewal of the Memorandum of Understanding, or the construction of any improvements or buildings in the Orchard Training Area so long as the requirements of this subsection are met.

(f)Livestock grazing

(1)So long as the Secretary determines that domestic livestock grazing is compatible with the purposes for which the conservation area is established, the Secretary shall permit such use of public lands within the conservation area, to the extent such use of such lands is compatible with such purposes. Determinations as to compatibility shall be made in connection with the initial revision of management plans for the conservation area and in connection with each plan review required by subsection (a)(1)(B).

(2)Any livestock grazing on public lands within the conservation area, and activities the Secretary determines necessary to carry out proper and practical grazing management programs on such lands (such as animal damage control activities) shall be managed in accordance with the Act of June 28, 1934 (43 U.S.C. 315 et seq.; commonly referred to as the “Taylor Grazing Act”), section 1752 of title 43, other laws applicable to such use and programs on the public lands, and the management plan for the conservation area.

(g)Cooperative agreements

The Secretary is authorized to provide technical assistance to, and to enter into such cooperative agreements and contracts with, the State of Idaho and with local governments and private entities as the Secretary deems necessary or desirable to carry out the purposes and policies of this subchapter.

(h)Agricultural practices

Nothing in this subchapter shall be construed as constituting a grant of authority to the Secretary to restrict recognized agricultural practices or other activities on private land adjacent to or within the conservation area boundary.

(i)Hydroelectric facilities

Notwithstanding any provision of this subchapter, or regulations and management plans undertaken pursuant to its provisions, the Federal Energy Regulatory Commission shall retain its current jurisdiction concerning all aspects of the continued and future operation of hydroelectric facilities, licensed or relicensed under the Federal Power Act (16 U.S.C. 791a et seq.), located within the boundaries of the conservation area.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of

June 28, 1934, referred to in subsec. (f), is act

June 28, 1934, ch. 865, 48 Stat. 1269, which is classified principally to subchapter I (§ 315 et seq.) of chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 315 of Title 43 and Tables. The Federal Power Act, referred to in subsec. (i), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

Amendments

2009—Subsec. (a)(2). Pub. L. 111–11, § 2301(c)(2)(A), substituted “conservation area is” for “Conservation Area is”. Subsec. (d). Pub. L. 111–11, § 2301(c)(2)(B), substituted “visitors center” for “Visitors Center”.

Statutory Notes and Related Subsidiaries

Abolition of House Committee on Merchant Marine and Fisheries Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.

§460iii–3 Management and Use