16 USC CHAPTER 1, SUBCHAPTER CXXVIII: SLOAN CANYON NATIONAL CONSERVATION AREA
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16 USC CHAPTER 1, SUBCHAPTER CXXVIII: SLOAN CANYON NATIONAL CONSERVATION AREA
From Title 16—CONSERVATIONCHAPTER 1—NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES

SUBCHAPTER CXXVIII—SLOAN CANYON NATIONAL CONSERVATION AREA

§460qqq. Purpose

The purpose of this subchapter is to establish the Sloan Canyon National Conservation Area to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the Conservation Area.

(Pub. L. 107–282, title VI, §602, Nov. 6, 2002, 116 Stat. 2009.)


Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 107–282, §1, Nov. 6, 2002, 116 Stat. 1994, provided that: "This Act [enacting this subchapter, amending section 460ccc–1 of this title, enacting provisions set out as notes under this section and sections 460n–1, 460ccc–4, and 460qqq–1 of this title, enacting provisions listed in a table of National Wildlife Refuges set out under section 668dd of this title, and enacting and amending provisions listed in a table of Wilderness Areas set out under 1132 of this title] may be cited as the 'Clark County Conservation of Public Land and Natural Resources Act of 2002'."

Pub. L. 107–282, title VI, §601, Nov. 6, 2002, 116 Stat. 2009, provided that: "This title [enacting this subchapter] may be cited as the 'Sloan Canyon National Conservation Area Act'."

§460qqq–1. Definitions

In this subchapter:

(1) Conservation Area

The term "Conservation Area" means the Sloan Canyon National Conservation Area established by section 460qqq–2(a) of this title.

(2) Federal parcel

The term "Federal parcel" means the parcel of Federal land consisting of approximately 500 acres that is identified as Tract A on the map entitled "Southern Nevada Public Land Management Act" and dated October 1, 2002.

(3) Management plan

The term "management plan" means the management plan for the Conservation Area developed under section 460qqq–3(b) of this title.

(4) Map

The term "map" means the map entitled "Southern Nevada Public Land Management Act" and dated October 1, 2002.

(Pub. L. 107–282, title VI, §603, Nov. 6, 2002, 116 Stat. 2009.)


Statutory Notes and Related Subsidiaries

Definitions

Pub. L. 107–282, §3, Nov. 6, 2002, 116 Stat. 1995, provided that:

"In this Act [see Short Title note set out under section 460qqq of this title]:

"(1) Agreement.—The term 'Agreement' means the Agreement entitled 'Interim Cooperative Management Agreement Between the United States of the Interior Bureau of Land Management and Clark County', dated November 4, 1992.

"(2) County.—The term 'County' means Clark County, Nevada.

"(3) Secretary.—The term 'Secretary' means—

"(A) the Secretary of Agriculture with respect to land in the National Forest System; or

"(B) the Secretary of the Interior, with respect to other Federal land.

"(4) State.—The term 'State' means the State of Nevada."

§460qqq–2. Establishment

(a) In general

For the purpose described in section 460qqq of this title, there is established in the State a conservation area to be known as the Sloan Canyon National Conservation Area.

(b) Area included

The Conservation Area shall consist of approximately 48,438 acres of public land in the County, as generally depicted on the map.

(c) Map and legal description

(1) In general

As soon as practicable after November 6, 2002, the Secretary shall submit to Congress a map and legal description of the Conservation Area.

(2) Effect

The map and legal description shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map or legal description.

(3) Public availability

A copy of the map and legal description shall be on file and available for public inspection in the appropriate office of the Bureau of Land Management.

(Pub. L. 107–282, title VI, §604, Nov. 6, 2002, 116 Stat. 2010.)

§460qqq–3. Management

(a) In general

The Secretary, acting through the Director of the Bureau of Land Management, shall manage the Conservation Area—

(1) in a manner that conserves, protects, and enhances the resources of the Conservation Area; and

(2) in accordance with—

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

(B) other applicable law, including this Act.

(b) Management plan

(1) In general

Not later than 3 years after November 6, 2002, the Secretary, in consultation with the State, the city of Henderson, the County, and any other interested persons, shall develop a management plan for the Conservation Area.

(2) Requirements

The management plan shall—

(A) describe the appropriate uses and management of the Conservation Area;

(B)(i) authorize the use of motorized vehicles in the Conservation Area—

(I) for installing, repairing, maintaining, and reconstructing water development projects, including guzzlers, that would enhance the Conservation Area by promoting healthy, viable, and more naturally distributed wildlife populations; and

(II) subject to any limitations that are not more restrictive than the limitations on such uses authorized in wilderness areas under section 208; 1 and


(ii) include or provide recommendations on ways of minimizing the visual impacts of such activities on the Conservation Area;

(C) include a plan for litter cleanup and public lands awareness campaign on public lands in and around the Conservation Area; and

(D) include a recommendation on the location for a right-of-way for a rural roadway to provide the city of Henderson with access to the Conservation Area, in accordance with the application numbered N–65874.

(c) Uses

The Secretary shall allow only such uses of the Conservation Area that the Secretary determines will further the purpose described in section 460qqq of this title.

(d) Motorized vehicles

Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Conservation Area shall be permitted only on roads and trails designated for the use of motorized vehicles by the management plan developed under subsection (b).

(e) Withdrawal

(1) In general

Subject to valid existing rights, all public land in the Conservation Area is withdrawn from—

(A) all forms of entry and appropriation under the public land laws;

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

(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(2) Additional land

Notwithstanding any other provision of law, if the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after November 6, 2002, the parcel is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.

(f) Hunting, fishing, and trapping

(1) In general

Nothing in this subchapter affects the jurisdiction of the State with respect to fish and wildlife, including hunting, fishing, and trapping in the Conservation Area.

(2) Limitations

(A) Regulations

The Secretary may designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Conservation Area.

(B) Consultation

Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under subparagraph (A) that close a portion of the Conservation Area to hunting, fishing, or trapping.

(g) No buffer zones

(1) In general

The establishment of the Conservation Area shall not create an express or implied protective perimeter or buffer zone around the Conservation Area.

(2) Private land

If the use of, or conduct of an activity on, private land that shares a boundary with the Conservation Area is consistent with applicable law, nothing in this subchapter concerning the establishment of the Conservation Area shall prohibit or limit the use or conduct of the activity.

(Pub. L. 107–282, title VI, §605, Nov. 6, 2002, 116 Stat. 2010.)


Editorial Notes

References in Text

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

This Act, referred to in subsec. (a)(2)(B), is Pub. L. 107–282, Nov. 6, 2002, 116 Stat. 1994, known as the Clark County Conservation of Public Land and Natural Resources Act of 2002. For complete classification of this Act to the Code, see Short Title note set out under section 460qqq of this title and Tables.

Section 208, referred to in subsec. (b)(2)(B)(i)(II), is section 208 of Pub. L. 107–282, Nov. 6, 2002, 116 Stat. 2005, which is not classified to the Code.

1 See References in Text note below.

§460qqq–4. Sale of Federal parcel

(a) In general

Notwithstanding sections 1712 and 1713 of title 43 and subject to valid existing rights, not later than 1 year after November 6, 2002, the Secretary shall convey to the highest qualified bidder all right, title, and interest of the United States in and to the Federal parcel.

(b) Disposition of proceeds

Of the gross proceeds from the conveyance of land under subsection (a)—

(1) 5 percent shall be available to the State for use in the general education program of the State; and

(2) the remainder shall be deposited in the special account established under the Southern Nevada Public Lands Management Act of 1998 (Public Law 105–263; 112 Stat. 2345), to be available to the Secretary, without further appropriation for—

(A) the construction and operation of facilities to support the management of the Conservation Area;

(B) the construction and repair of trails and roads in the Conservation Area authorized under the management plan;

(C) research on and interpretation of the archaeological and geological resources of the Conservation Area;

(D) conservation and research relating to the Conservation Area; and

(E) any other purpose that the Secretary determines to be consistent with the purpose described in section 460qqq of this title.

(Pub. L. 107–282, title VI, §606, Nov. 6, 2002, 116 Stat. 2012.)


Editorial Notes

References in Text

The Southern Nevada Public Lands Management Act of 1998, referred to in subsec. (b)(2), probably means the Southern Nevada Public Land Management Act of 1998, Pub. L. 105–263, Oct. 19, 1998, 112 Stat. 2343, which amended section 460ccc–1 of this title and section 6901 of Title 31, Money and Finance, and enacted provisions set out as a note under section 6901 of Title 31. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out under section 6901 of Title 31 and Tables.

§460qqq–5. Right-of-way

Not later than 180 days after November 6, 2002, the Secretary shall convey to the City of Henderson the public right-of-way requested for public trail purposes under the application numbered N–76312 and the public right-of-way requested for public trail purposes under the application numbered N–65874.

(Pub. L. 107–282, title VI, §607, Nov. 6, 2002, 116 Stat. 2012.)