Title 16, ConservationRelease 119-110

§460www Red Cliffs National Conservation Area

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER CXXXIV — RED CLIFFS NATIONAL CONSERVATION AREA › § 460www

Last updated Sep 23, 2026|Official source

Summary

Creates the Red Cliffs National Conservation Area of about 44,725 acres to protect and improve its natural, scenic, wildlife, recreational, cultural, historical, educational, and scientific values, and to protect any species in the area that are listed as threatened or endangered under section 1533(c)(1). It recognizes several existing plans by name and date: the Washington County Habitat Conservation Plan (Feb 23, 1996), the Red Cliffs Desert Reserve Public Use Plan (June 12, 2000), and the St. George Field Office Resource Management Plan (Mar 15, 1999). The area is established subject to valid existing rights. The Secretary must write a long-term management plan by three years after March 30, 2009 (by March 30, 2012), after talking with state, tribal, and local governments and the public, and may use parts of the plans named above if they fit. The Secretary must manage the area to conserve and enhance its resources and must follow the Federal Land Policy and Management Act and other laws. Uses are allowed only if they help those purposes. Motor vehicles are allowed only on roads the management plan names, except for official or emergency use. Livestock grazing that existed before March 30, 2009 may continue under rules and law and must fit the area’s purposes. Fire fighting and control may be done with other agencies. Any land the United States later buys inside the area becomes part of it and is managed the same way. Federal land there is withdrawn from public entry, mining claims, and mineral and geothermal leasing laws, and newly acquired land is withdrawn when bought. Utilities may be built only if they follow the habitat conservation plan’s utility protocols and other law.

Full Legal Text

Title 16, §460www

Conservation, Source: USLM XML via OLRC

(a)Purposes
The purposes of this section are—
(1)to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and
(2)to protect each species that is—
(A)located in the National Conservation Area; and
(B)listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 1533(c)(1) of this title.
(b)Definitions
In this section: (1) Habitat conservation plan
(2)Management plan
The term “management plan” means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).
(3)National Conservation Area
The term “National Conservation Area” means the Red Cliffs National Conservation Area that—
(A)consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and
(B)is established by subsection (c).
(4)Public use plan
The term “public use plan” means the use plan entitled “Red Cliffs Desert Reserve Public Use Plan” and dated June 12, 2000, as amended.
(5)Resource management plan
The term “resource management plan” means the management plan entitled “St. George Field Office Resource Management Plan” and dated March 15, 1999, as amended.
(c)Establishment
Subject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area.
(d)Management plan
(1)In general
Not later than 3 years after March 30, 2009, and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.
(2)Consultation
In developing the management plan required under paragraph (1), the Secretary shall consult with—
(A)appropriate State, tribal, and local governmental entities; and
(B)members of the public.
(3)Incorporation of plans
In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of— (A)
(B)the resource management plan; and
(C)the public use plan.
(e)Management
(1)In general
The Secretary shall manage the National Conservation Area—
(A)in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and
(B)in accordance with—
(i)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(ii)this section; and
(iii)any other applicable law (including regulations).
(2)Uses
The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).
(3)Motorized vehicles
Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.
(4)Grazing
The grazing of livestock in the National Conservation Area, where established before March 30, 2009, shall be permitted to continue—
(A)subject to—
(i)such reasonable regulations, policies, and practices as the Secretary considers necessary; and
(ii)applicable law; and
(B)in a manner consistent with the purposes described in subsection (a).
(5)Wildland fire operations
Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.
(f)Incorporation of acquired land and interests
Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall—
(1)become part of the National Conservation Area; and
(2)be managed in accordance with—
(A)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
(B)this section; and
(C)any other applicable law (including regulations).
(g)Withdrawal
(1)In general
Subject to valid existing rights, all Federal land located in the National Conservation Area are withdrawn from—
(A)all forms of entry, appropriation, and disposal under the public land laws;
(B)location, entry, and patenting under the mining laws; and
(C)operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(2)Additional land
If the Secretary acquires additional land that is located in the National Conservation Area after March 30, 2009, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.
(h)Effect
Nothing in this section prohibits the authorization of the development of utilities within the National Conservation Area if the development is carried out in accordance with—
(1)each utility development protocol described in the habitat conservation plan; and
(2)any other applicable law (including regulations).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsecs. (e)(1)(B)(i) and (f)(2)(A), 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

Definitions Pub. L. 111–11, title I, § 1971, Mar. 30, 2009, 123 Stat. 1075, as amended by Pub. L. 111–88, div. A, title IV, § 436, Oct. 30, 2009, 123 Stat. 2965, provided that: “In this subtitle [subtitle O (§§ 1971–1983) of title I of Pub. L. 111–11, enacting this subchapter, subchapter CXXXV of this chapter, and section 346a–6 of this title, amending section 1274 of this title, enacting provisions set out as notes under section 1274 of this title and provisions formerly set out as a note under section 766 of Title 25, Indians, and enacting provisions listed in a table of Wilderness Areas set out under section 1132 of this title]: “(1) Beaver dam wash national conservation area map.—The term ‘Beaver Dam Wash National Conservation Area Map’ means the map entitled ‘Beaver Dam Wash National Conservation Area’ and dated
September 20, 2009. “(2) Canaan mountain wilderness map.—The term ‘Canaan Mountain Wilderness Map’ means the map entitled ‘Canaan Mountain Wilderness’ and dated
June 21, 2008. “(3) County.—The term ‘County’ means Washington County, Utah. “(4) Northeastern washington county wilderness map.—The term ‘Northeastern Washington County Wilderness Map’ means the map entitled ‘Northeastern Washington County Wilderness’ and dated
November 12, 2008. “(5) Northwestern washington county wilderness map.—The term ‘Northwestern Washington County Wilderness Map’ means the map entitled ‘Northwestern Washington County Wilderness’ and dated
June 21, 2008. “(6) Red cliffs national conservation area map.—The term ‘Red Cliffs National Conservation Area Map’ means the map entitled ‘Red Cliffs National Conservation Area’ and dated
November 12, 2008. “(7) Secretary.—The term ‘Secretary’ means—“(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and “(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. “(8) State.—The term ‘State’ means the State of Utah. “(9) Washington county growth and conservation act map.—The term ‘Washington County Growth and Conservation Act Map’ means the map entitled ‘Washington County Growth and Conservation Act Map’ and dated
November 13, 2008.”

Reference

Citations & Metadata

Citation

16 U.S.C. § 460www

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110