SUBCHAPTER LIX–Y—CALIFORNIA DESERT LANDS PARKS, PRESERVE, AND OFF-HIGHWAY VEHICLE RECREATION AREAS
Part A—Death Valley National Park
§410aaa. Findings
The Congress hereby finds that—
(1) proclamations by Presidents Herbert Hoover in 1933 and Franklin Roosevelt in 1937 established and expanded the Death Valley National Monument for the preservation of the unusual features of scenic, scientific, and educational interest therein contained;
(2) Death Valley National Monument is today recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries established in the 1930's exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, geological, archeological, paleontological, cultural, historical ad 1 wilderness values;
(4) Death Valley National Monument should be substantially enlarged by the addition of all contiguous Federal lands of national park caliber and afforded full recognition and statutory protection as a National Park; and
(5) the wilderness within Death Valley should receive maximum statutory protection by designation pursuant to the Wilderness Act [
(
Editorial Notes
References in Text
The Wilderness Act, referred to in par. (5), is
Statutory Notes and Related Subsidiaries
Short Title
Timbisha Shoshone Homeland
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Timbisha Shoshone Homeland Act'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) Since time immemorial, the Timbisha Shoshone Tribe has lived in portions of California and Nevada. The Tribe's ancestral homeland includes the area that now comprises Death Valley National Park and other areas of California and Nevada now administered by the Bureau of Land Management.
"(2) Since 1936, the Tribe has lived and governed the affairs of the Tribe on approximately 40 acres of land near Furnace Creek in the Park.
"(3) The Tribe achieved Federal recognition in 1983 but does not have a land base within the Tribe's ancestral homeland.
"(4) Since the Tribe commenced use and occupancy of the Furnace Creek area, the Tribe's membership has grown. Tribal members have a desire and need for housing, government and administrative facilities, cultural facilities, and sustainable economic development to provide decent, safe, and healthy conditions for themselves and their families.
"(5) The interests of both the Tribe and the National Park Service would be enhanced by recognizing their coexistence on the same land and by establishing partnerships for compatible land uses and for the interpretation of the Tribe's history and culture for visitors to the Park.
"(6) The interests of both the Tribe and the United States would be enhanced by the establishment of a land base for the Tribe and by further delineation of the rights and obligations of each with respect to the Furnace Creek area and to the Park as a whole.
"SEC. 3. PURPOSES.
"Consistent with the recommendations of the report required by section 705(b) [now (c)] of the California Desert Protection Act of 1994 [
"(1) to provide in trust to the Tribe land on which the Tribe can live permanently and govern the Tribe's affairs in a modern community within the ancestral homeland of the Tribe outside and within the Park;
"(2) to formally recognize the contributions by the Tribe to the history, culture, and ecology of the Park and surrounding area;
"(3) to ensure that the resources within the Park are protected and enhanced by—
"(A) cooperative activities within the Tribe's ancestral homeland; and
"(B) partnerships between the Tribe and the National Park Service and partnerships involving the Bureau of Land Management;
"(4) to ensure that such activities are not in derogation of the purposes and values for which the Park was established;
"(5) to provide opportunities for a richer visitor experience at the Park through direct interactions between visitors and the Tribe including guided tours, interpretation, and the establishment of a tribal museum and cultural center;
"(6) to provide appropriate opportunities for economically viable and ecologically sustainable visitor-related development, by the Tribe within the Park, that is not in derogation of the purposes and values for which the Park was established; and
"(7) to provide trust lands for the Tribe in 4 separate parcels of land that is now managed by the Bureau of Land Management and authorize the purchase of 2 parcels now held in private ownership to be taken into trust for the Tribe.
"SEC. 4. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3)
"(4)
"(5)
"SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE TIMBISHA SHOSHONE HOMELAND.
"(a)
"(b)
"(1)
"(A) Furnace Creek, Death Valley National Park, California, an area of 313.99 acres for community development, residential development, historic restoration, and visitor-related economic development, depicted as Tract 37 on the map of Township 27 North, Range 1 East, of the San Bernardino Meridian, California, numbered Map #1 and dated December 2, 1999, together with 92 acre feet per annum of surface and ground water for the purposes associated with the transfer of such lands. This area shall include a 25-acre, nondevelopment zone at the north end of the area and an Adobe Restoration zone containing several historic adobe homes, which shall be managed by the Tribe as a tribal historic district.
"(B) Death Valley Junction, California, an area of approximately 1,000 acres, as generally depicted on the map entitled 'Death Valley Junction, California', numbered Map #2 and dated April 12, 2000, together with 15.1 acre feet per annum of ground water for the purposes associated with the transfer of such lands.
"(C)(i) Centennial, California, an area of approximately 640 acres, as generally depicted on the map entitled 'Centennial, California', numbered Map #3 and dated April 12, 2000, together with an amount of ground water not to exceed 10 acre feet per annum for the purposes associated with the transfer of such lands.
"(ii) If the Secretary determines that there is insufficient ground water available on the lands described in clause (i) to satisfy the Tribe's right to ground water to fulfill the purposes associated with the transfer of such lands, then the Tribe and the Secretary shall, within 2 years of such determination, identify approximately 640 acres of land that are administered by the Bureau of Land Management in that portion of Inyo County, California, to the north and east of the China Lake Naval Weapons Center, to be a mutually agreed upon substitute for the lands described in clause (i). If the Secretary determines that sufficient water is available to fulfill the purposes associated with the transfer of the lands described in the preceding sentence, then the Tribe shall request that the Secretary accept such lands into trust for the benefit of the Timbisha Shoshone Tribe, and the Secretary shall accept such lands, together with an amount of water not to exceed 10 acre feet per annum, into trust for the Tribe as a substitute for the lands described in clause (i).
"(D) Scotty's Junction, Nevada, an area of approximately 2,800 acres, as generally depicted on the map entitled 'Scotty's Junction, Nevada', numbered Map #4 and dated April 12, 2000, together with 375.5 acre feet per annum of ground water for the purposes associated with the transfer of such lands.
"(E) Lida, Nevada, Community Parcel, an area of approximately 3,000 acres, as generally depicted on the map entitled 'Lida, Nevada, Community Parcel', numbered Map #5 and dated April 12, 2000, together with 14.7 acre feet per annum of ground water for the purposes associated with the transfer of such lands.
"(2)
"(3)
"(A)
"(i) for purposes of community and residential development—
"(I) a maximum of 50 single-family residences; and
"(II) a tribal community center with space for tribal offices, recreation facilities, a multipurpose room and kitchen, and senior and youth facilities;
"(ii) for purposes of economic development—
"(I) a small-to-moderate desert inn; and
"(II) a tribal museum and cultural center with a gift shop; and
"(iii) the infrastructure necessary to support the level of development described in clauses (i) and (ii).
"(B)
"(C)
"(4)
"(c)
"(d)
"(1) Indian Rancheria Site, California, an area of approximately 120 acres, as generally depicted on the map entitled 'Indian Rancheria Site, California' numbered Map #6 and dated December 3, 1999.
"(2) Lida Ranch, Nevada, an area of approximately 2,340 acres, as generally depicted on the map entitled 'Lida Ranch' numbered Map #7 and dated April 6, 2000, or another parcel mutually agreed upon by the Secretary and the Tribe.
"(e)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(C)
"(5)
"(A) the Tribe may establish and maintain a tribal resource management field office, garage, and storage area, all within the area of the existing ranger station at Wildrose (existing as of the date of enactment of this Act [Nov. 1, 2000]);
"(B) the Tribe also may use traditional camps for tribal members at Wildrose and Hunter Mountain in accordance with the jointly established management plan referred to in paragraph (1);
"(C) the area shall be depicted on maps of the Park and Bureau of Land Management that are provided for general visitor use;
"(D) the National Park Service and the Bureau of Land Management shall accommodate access by the Tribe to and use by the Tribe of—
"(i) the area (including portions described in subparagraph (E)) for traditional cultural and religious activities, in a manner consistent with the purpose and intent of
"(ii) areas designated as wilderness (including portions described in subparagraph (E)), in a manner consistent with the purpose and intent of the Wilderness Act (
"(E)(i) on the request of the Tribe, the National Park Service and the Bureau of Land Management shall temporarily close to the general public, 1 or more specific portions of the area in order to protect the privacy of tribal members engaging in traditional cultural and religious activities in those portions; and
"(ii) any such closure shall be made in a manner that affects the smallest practicable area for the minimum period necessary for the purposes described in clause (i).
"(f)
"(g)
"SEC. 6. IMPLEMENTATION PROCESS.
"(a)
"(b)
"(c)
"SEC. 7. MISCELLANEOUS PROVISIONS.
"(a)
"(b)
"(c)
"(d)
"SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out this Act such sums as may be necessary."
Findings and Policy
"(a) The Congress finds and declares that—
"(1) the federally owned desert lands of southern California constitute a public wildland resource of extraordinary and inestimable value for this and future generations;
"(2) these desert wildlands display unique scenic, historical, archeological, environmental, ecological, wildlife, cultural, scientific, educational, and recreational values used and enjoyed by millions of Americans for hiking and camping, scientific study and scenic appreciation;
"(3) the public land resources of the California desert now face and are increasingly threatened by adverse pressures which would impair, dilute, and destroy their public and natural values;
"(4) the California desert, embracing wilderness lands, units of the National Park System, other Federal lands, State parks and other State lands, and private lands, constitutes a cohesive unit posing unique and difficult resource protection and management challenges;
"(5) through designation of national monuments by Presidential proclamation, through enactment of general public land statutes (including section 601 [
"(6) statutory land unit designations are needed to afford the full protection which the resources and public land values of the California desert merit.
"(b) In order to secure for the American people of this and future generations an enduring heritage of wilderness, national parks, and public land values in the California desert, it is hereby declared to be the policy of the Congress that—
"(1) appropriate public lands in the California desert shall be included within the National Park System and the National Wilderness Preservation System, in order to—
"(A) preserve unrivaled scenic, geologic, and wildlife values associated with these unique natural landscapes;
"(B) perpetuate in their natural state significant and diverse ecosystems of the California desert;
"(C) protect and preserve historical and cultural values of the California desert associated with ancient Indian cultures, patterns of western exploration and settlement, and sites exemplifying the mining, ranching and railroading history of the Old West;
"(D) provide opportunities for compatible outdoor public recreation, protect and interpret ecological and geological features and historic, paleontological, and archeological sites, maintain wilderness resource values, and promote public understanding and appreciation of the California desert; and
"(E) retain and enhance opportunities for scientific research in undisturbed ecosystems."
Removal of Feral Burros and Horses From Death Valley National Monument
Definitions
"(a)
"(1) sections 1 and 2 [enacting provisions set out as notes under this section]; and
"(2) titles I through IX [enacting this subchapter, subchapter CXLII, provisions listed in a table of Wilderness Areas set out under
"(b)
"(1)
"(2)
"(A) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior; and
"(B) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture.
"(3)
1 So in original. Probably should be "and".
§410aaa–1. Establishment
There is hereby established the Death Valley National Park (hereinafter in this part referred to as the "park") as generally depicted on twenty-three maps entitled "Death Valley National Park Boundary and Wilderness—Proposed", numbered in the title one through twenty-three, and dated July 1993 or prior, which shall be on file and available for public inspection in the offices of the Superintendent of the park and the Director of the National Park Service, Department of the Interior. The Death Valley National Monument is hereby abolished as such, the lands and interests therein are hereby incorporated within and made part of the new Death Valley National Park, and any funds available for purposes of the monument shall be available for purposes of the park.
(
§410aaa–2. Transfer and administration of lands
On October 31, 1994, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management depicted in the maps described in
(
Editorial Notes
References in Text
The Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (
1 See References in Text note below.
§410aaa–3. Maps and legal description
Within six months after October 31, 1994, the Secretary shall file maps and a legal description of the park designated under this part with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such maps and legal description shall have the same force and effect as if included in this part, except that the Secretary may correct clerical and typographical errors in such legal description and in the maps referred to in
(
§410aaa–4. Withdrawal
Subject to valid existing rights, all Federal lands within the park are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.
(
§410aaa–5. Grazing
(a) In general
The privilege of grazing domestic livestock on lands within the park shall continue to be exercised at no more than the current level, subject to applicable laws and National Park Service regulations.
(b) Sale of property
If a person holding a grazing permit referred to in subsection (a) informs the Secretary that such permittee is willing to convey to the United States any base property with respect to which such permit was issued and to which such permittee holds title, the Secretary shall make the acquisition of such base property a priority as compared with the acquisition of other lands within the park, provided agreement can be reached concerning the terms and conditions of such acquisition. Any such base property which is located outside the park and acquired as a priority pursuant to this section shall be managed by the Federal agency responsible for the majority of the adjacent lands in accordance with the laws applicable to such adjacent lands.
(
§410aaa–6. Death Valley National Park Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for Death Valley National Park.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the park is located, a representative of the owners of private properties located within or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of chapter 10 of title 5
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(
Editorial Notes
Amendments
2022—Subsec. (c).
§410aaa–7. Boundary adjustment
In preparing the maps and legal descriptions required by
(
Editorial Notes
References in Text
Section 602 of this Act, referred to in text, is section 602 of
Statutory Notes and Related Subsidiaries
Death Valley National Park Boundary Revision
"(a)
"(1) the approximately 28,923 acres of Bureau of Land Management land in San Bernardino County, California, abutting the southern end of the Death Valley National Park that lies between Death Valley National Park to the north and Ft. Irwin Military Reservation to the south and which runs approximately 34 miles from west to east, as depicted on the map entitled 'Death Valley National Park Proposed Boundary Addition-Bowling Alley', numbered 143/128,605A, and dated November 1, 2018; and
"(2) the approximately 6,369 acres of Bureau of Land Management land in Inyo County, California, located in the northeast area of Death Valley National Park that is within, and surrounded by, land under the jurisdiction of the Director of the National Park Service, as depicted on the map entitled 'Death Valley National Park Proposed Boundary Addition-Crater', numbered 143/100,079D, and dated November 1, 2018.
"(b)
"(c)
"(1) shall administer any land added to Death Valley National Park under subsection (a)—
"(A) as part of Death Valley National Park; and
"(B) in accordance with applicable laws (including regulations); and
"(2) may enter into a memorandum of understanding with Inyo County, California, to permit operationally feasible, ongoing access to and use (including material storage and excavation) of existing gravel pits along Saline Valley Road within Death Valley National Park for road maintenance and repairs in accordance with applicable laws (including regulations)."
[For defintion of "Secretary" as used in section 1431(a)–(c) of
Definitions
"(1)
"(2)
"(A) the Secretary [of the Interior], with respect to land administered by the Department of the Interior; or
"(B) the Secretary of Agriculture, with respect to National Forest System land.
"(3)
Part B—Joshua Tree National Park
§410aaa–21. Findings
The Congress finds that—
(1) a proclamation by President Franklin Roosevelt in 1936 established Joshua Tree National Monument to protect various objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961 exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, archeological, paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the addition of contiguous Federal lands of national park caliber, and afforded full recognition and statutory protection as a National Park; and
(5) the nondesignated wilderness within Joshua Tree should receive statutory protection by designation pursuant to the Wilderness Act [
(
Editorial Notes
References in Text
The Wilderness Act, referred to in par. (5), is
§410aaa–22. Establishment
There is hereby established the Joshua Tree National Park, (hereinafter in this section referred to as the "park"), as generally depicted on a map entitled "Joshua Tree National Park Boundary—Proposed", dated May 1991, and four maps entitled "Joshua Tree National Park Boundary and Wilderness", numbered in the title one through four, and dated October 1991 or prior, which shall be on file and available for public inspection in the offices of the Superintendent of the park and the Director of the National Park Service, Department of the Interior. The Joshua Tree National Monument is hereby abolished as such, the lands and interests therein are hereby incorporated within and made part of the new Joshua Tree National Park, and any funds available for purposes of the monument shall be available for purposes of the park.
(
Statutory Notes and Related Subsidiaries
Boundary Adjustment and Administration, Joshua Tree National Park
"(a)
"(1) the approximately 2,879 acres of land managed by the Bureau of Land Management that are depicted as 'BLM Proposed Boundary Addition' on the map entitled 'Joshua Tree National Park Proposed Boundary Additions', numbered 156/149,375, and dated November 1, 2018; and
"(2) the approximately 1,639 acres of land that are depicted as 'MDLT Proposed Boundary Addition' on the map entitled 'Joshua Tree National Park Proposed Boundary Additions', numbered 156/149,375, and dated November 1, 2018.
"(b)
"(c)
"(1)
"(A) as part of Joshua Tree National Park; and
"(B) in accordance with applicable laws (including regulations).
"(2)
"(A) depicted on the map entitled 'Joshua Tree National Park Boundary Adjustment Map', numbered 156/80,049, and dated April 1, 2003;
"(B) added to Joshua Tree National Park by the notice of the Department of the Interior of August 28, 2003 (68 Fed. Reg. 51799); and
"(C) more particularly described as lots 26, 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino Meridian.
"(d)
"(1)
"(2)
"(A) Southern California Edison Company energy transport facilities, including the energy transport facilities referred to as the Jellystone, Burnt Mountain, Whitehorn, Allegra, and Utah distribution circuits rights-of-way; or
"(B) an energy transport facility in rights-of-way issued, granted, or permitted by the Secretary adjacent to Southern California Edison Joshua Tree Utility Facilities.
"(3)
[For definition of "Secretary" as used in section §1433(a)–(d) of
§410aaa–23. Transfer and administration of lands
On October 31, 1994, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management depicted on the maps described in
(
Editorial Notes
References in Text
The Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (
1 See References in Text note below.
§410aaa–24. Maps and legal description
Within six months after October 31, 1994, the Secretary shall file maps and legal 1 description of the park with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such maps and legal description shall have the same force and effect as if included in this part, except that the Secretary may correct clerical and typographical errors in such legal description and maps. The maps and legal description shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
(
1 So in original. Probably should be "a legal".
§410aaa–25. Withdrawal
Subject to valid existing rights, all Federal lands within the park are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.
(
§410aaa–26. Utility rights-of-way
Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted to the Metropolitan Water District pursuant to the Boulder Canyon Project Act (
(
Editorial Notes
References in Text
The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42,
Section 601(a)(2), referred to in text, is section 601(a)(2) of
Act of June 18, 1932 (
§410aaa–27. Joshua Tree National Park Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for Joshua Tree National Park.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the park is located, a representative of the owners of private properties located within or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of chapter 10 of title 5
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(
Editorial Notes
Amendments
2022—Subsec. (c).
§410aaa–28. Visitor center
(a) In general
The Secretary may acquire not more than 5 acres of land and interests in land, and improvements on the land and interests, outside the boundaries of the park, in the unincorporated village of Joshua Tree, for the purpose of operating a visitor center.
(b) Boundary
The Secretary shall modify the boundary of the park to include the land acquired under this section as a noncontiguous parcel.
(c) Administration
Land and facilities acquired under this section—
(1) may include the property owned (as of March 12, 2019) by the Joshua Tree National Park Association and commonly referred to as the "Joshua Tree National Park Visitor Center";
(2) shall be administered by the Secretary as part of the park; and
(3) may be acquired only with the consent of the owner, by donation, purchase with donated or appropriated funds, or exchange.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Section 103 of
Part C—Mojave National Preserve
§410aaa–41. Findings
The Congress hereby finds that—
(1) Death Valley and Joshua Tree National Parks, as established by this Act, protect unique and superlative desert resources, but do not embrace the particular ecosystems and transitional desert type found in the Mojave Desert area lying between them on public lands now afforded only impermanent administrative designation as a national scenic area;
(2) the Mojave Desert area possesses outstanding natural, cultural, historical, and recreational values meriting statutory designation and recognition as a unit of the National Park System;
(3) the Mojave Desert area should be afforded full recognition and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive maximum statutory protection by designation pursuant to the Wilderness Act [
(5) the Mojave Desert area provides an outstanding opportunity to develop services, programs, accommodations and facilities to ensure the use and enjoyment of the area by individuals with disabilities, consistent with
(
Editorial Notes
References in Text
This Act, referred to in par. (1), is defined in section 3 of
The Wilderness Act referred to in par. (4), is
The Americans with Disabilities Act of 1990, referred to in par. (5), is
1 So in original. Probably should not be capitalized.
§410aaa–42. Establishment
There is hereby established the Mojave National Preserve, comprising approximately one million four hundred nineteen thousand eight hundred acres, as generally depicted on a map entitled "Mojave National Park Boundary—Proposed", dated May 17, 1994, which shall be on file and available for inspection in the appropriate offices of the Director of the National Park Service, Department of the Interior.
(
§410aaa–43. Transfer of lands
On October 31, 1994, the Secretary shall transfer the lands under the jurisdiction of the Bureau of Land Management depicted on the maps described in
(
§410aaa–44. Maps and legal description
Within six months after October 31, 1994, the Secretary shall file maps and a legal description of the preserve designated under this part with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such maps and legal description shall have the same force and effect as if included in this part, except that the Secretary may correct clerical and typographical errors in such legal description and in the maps referred to in
(
§410aaa–45. Abolishment of scenic area
The East Mojave National Scenic Area, designated on January 13, 1981 (46 FR 3994), and modified on August 9, 1983 (48 FR 36210), is hereby abolished.
(
§410aaa–46. Administration
(a) The Secretary shall administer the preserve in accordance with this part and with the provisions of law generally applicable to units of the National Park System, including the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (
(b) The Secretary shall permit hunting, fishing, and trapping on lands and waters within the preserve designated by this Act in accordance with applicable Federal and State laws except that the Secretary may designate areas where, and establish periods when, no hunting, fishing, or trapping will be permitted for reasons of public safety, administration, or compliance with provisions of applicable law. Except in emergencies, regulations closing areas to hunting, fishing, or trapping pursuant to this subsection shall be put into effect only after consultation with the appropriate State agency having responsibility for fish and wildlife. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the States with respect to fish and wildlife on Federal lands and waters covered by this part nor shall anything in this Act be construed as authorizing the Secretary concerned to require a Federal permit to hunt, fish, or trap on Federal lands and waters covered by this part.
(
Editorial Notes
References in Text
The Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (
This Act, referred to in subsec. (b), is defined in section 3 of
1 See References in Text note below.
§410aaa–47. Withdrawal
Subject to valid existing rights, all Federal lands within the preserve are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto.
(
§410aaa–48. Regulation of mining
Subject to valid existing rights, all mining claims located within the preserve shall be subject to all applicable laws and regulations applicable to mining within units of the National Park System, including
(
Editorial Notes
Codification
In text, "
§410aaa–49. Study as to validity of mining claims
(a) The Secretary shall not approve any plan of operation prior to determining the validity of the unpatented mining claims, mill sites, and tunnel sites affected by such plan within the preserve and shall submit to Congress recommendations as to whether any valid or patented claims should be acquired by the United States, including the estimated acquisition costs of such claims, and a discussion of the environmental consequences of the extraction of minerals from these lands.
(b)(1) Notwithstanding any other provision of law, the Secretary shall permit the holder or holders of mining claims identified on the records of the Bureau of Land Management as Volco #A CAMC 105446, Volco #B CAMC 105447, Volco 1 CAMC 80155, Volco 2 CAMC 80156, Volco 3 CAMC 170259, Volco 4 CAMC 170260, Volco 5 CAMC 78405, Volco 6 CAMC 78404, and Volco 7 CAMC 78403, Volco Placer 78332, to continue exploration and development activities on such claims for a period of two years after October 31, 1994, subject to the same regulations as applied to such activities on such claims on the day before October 31, 1994.
(2) At the end of the period specified in paragraph (1), or sooner if so requested by the holder or holders of the claims specified in such paragraph, the Secretary shall determine whether there has been a discovery of valuable minerals on such claims and whether, if such discovery had been made on or before July 1, 1994, such claims would have been valid as of such date under the mining laws of the United States in effect on such date.
(3) If the Secretary, pursuant to paragraph (2), makes an affirmative determination concerning the claims specified in paragraph (1), the holder or holders of such claims shall be permitted to continue to operate such claims subject only to such regulations as applied on July 1, 1994 to the exercise of valid existing rights on patented mining claims within a unit of the National Park System.
(
§410aaa–50. Grazing
(a) The privilege of grazing domestic livestock on lands within the preserve shall continue to be exercised at no more than the current level, subject to applicable laws and National Park Service regulations.
(b) If a person holding a grazing permit referred to in subsection (a) informs the Secretary that such permittee is willing to convey to the United States any base property with respect to which such permit was issued and to which such permittee holds title, the Secretary shall make the acquisition of such base property a priority as compared with the acquisition of other lands within the preserve, provided agreement can be reached concerning the terms and conditions of such acquisition. Any such base property which is located outside the preserve and acquired as a priority pursuant to this section shall be managed by the Federal agency responsible for the majority of the adjacent lands in accordance with the laws applicable to such adjacent lands.
(
§410aaa–51. Utility rights-of-way
(a) Continuation of rights-of-way and other activities; upgrading transmission lines; emergency access plans
(1) Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted to Southern California Edison Company, its successors or assigns, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(2) Nothing in this part shall have the effect of prohibiting the upgrading of an existing electrical transmission line for the purpose of increasing the capacity of such transmission line in the Southern California Edison Company validly issued Eldorado-Lugo Transmission Line right-of-way and Mojave-Lugo Transmission Line right-of-way, or in a right-of-way if issued, granted, or permitted by the Secretary adjacent to the existing Mojave-Lugo Transmission Line right-of-way (hereafter in this section referred to as "adjacent right-of-way"), including construction of a replacement transmission line: Provided, That—
(A) in the Eldorado-Lugo Transmission Line rights-of-way (hereafter in this section referred to as the "Eldorado rights-of-way") at no time shall there be more than three electrical transmission lines;
(B) in the Mojave-Lugo Transmission Line right-of-way (hereafter in this section referred to as the "Mojave right-of-way") and adjacent right-of-way, removal of the existing electrical transmission line and reclamation of the site shall be completed no later than three years after the date on which construction of the upgraded transmission line begins, after which time there may be only one electrical transmission line in the lands encompassed by Mojave right-of-way and adjacent right-of-way;
(C) if there are no more than two electrical transmission lines in the Eldorado rights-of-way, two electrical transmission lines in the lands encompassed by the Mojave right-of-way and adjacent right-of-way may be allowed;
(D) in the Eldorado rights-of-way and Mojave right-of-way no additional land shall be issued, granted, or permitted for such upgrade unless an addition would reduce the impacts to preserve resources;
(E) no more than 350 feet of additional land shall be issued, granted, or permitted for an adjacent right-of-way to the south of the Mojave right-of-way unless a greater addition would reduce the impacts to preserve resources; and
(F) such upgrade activities, including helicopter aided construction, shall be conducted in a manner which will minimize the impact on preserve resources.
(3) The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Southern California Edison Company, plans for emergency access by the Southern California Edison Company to its rights-of-way.
(b) Pipeline capacity
(1) Nothing in this part shall have the effect of terminating any validly issued right-of-way, or customary operation, maintenance, repair, and replacement activities in such right-of-way; prohibiting the upgrading of and construction on existing facilities in such right-of-way for the purpose of increasing the capacity of the existing pipeline; or prohibiting the renewal of such right-of-way issued, granted, or permitted to the Southern California Gas Company, its successors or assigns, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(2) The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Southern California Gas Company, plans for emergency access by the Southern California Gas Company to its rights-of-way.
(c) Communications cables or lines
Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued, granted, or permitted for communications cables or lines, which are located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(d) Other rights-of-way
Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued, granted, or permitted to Molybdenum Corporation of America; Molycorp, Incorporated; or Union Oil Company of California (d/b/a Unocal Corporation); or its successors or assigns, or prohibiting renewal of such right-of-way, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(
Editorial Notes
References in Text
Section 601(a)(3), referred to in text, is section 601(a)(3) of
§410aaa–52. Preparation of management plan
Within three years after October 31, 1994, the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a detailed and comprehensive management plan for the preserve. Such plan shall place emphasis on historical and cultural sites and ecological and wilderness values within the boundaries of the preserve. Such plan shall evaluate the feasibility of using the Kelso Depot and existing railroad corridor to provide public access to and a facility for special interpretive, educational, and scientific programs within the preserve. Such plan shall specifically address the needs of individuals with disabilities in the design of services, programs, accommodations and facilities consistent with
(
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in text, is
§410aaa–53. Granite Mountains Natural Reserve
(a) Establishment
There is hereby designated the Granite Mountains Natural Reserve within the preserve comprising approximately nine thousand acres as generally depicted on a map entitled "Mojave National Park Boundary and Wilderness—Proposed 6", dated May 1991.
(b) Cooperative management agreement
On October 31, 1994, the Secretary shall enter into a cooperative management agreement with the University of California for the purposes of managing the lands within the Granite Mountains Natural Reserve. Such cooperative agreement shall ensure continuation of arid lands research and educational activities of the University of California, consistent with the provisions of this part and laws generally applicable to units of the National Park System.
(
§410aaa–54. Soda Springs Desert Study Center
On October 31, 1994, the Secretary shall enter into a cooperative management agreement with California State University for the purposes of managing facilities at the Soda Springs Desert Study Center. Such cooperative agreement shall ensure continuation of the desert research and educational activities of California State University, consistent with the provisions of this part and laws generally applicable to units of the National Park System.
(
§410aaa–55. Construction of visitor center
The Secretary is authorized to construct a visitor center in the preserve for the purpose of providing information through appropriate displays, printed material, and other interpretive programs, about the resources of the preserve.
(
§410aaa–56. Acquisition of lands
The Secretary is authorized to acquire all lands and interest in lands within the boundary of the preserve by donation, purchase, or exchange, except that—
(1) any lands or interests therein within the boundary of the preserve which are owned by the State of California, or any political subdivision thereof, may be acquired only by donation or exchange except for lands managed by the California State Lands Commission; and
(2) lands or interests therein within the boundary of the preserve which are not owned by the State of California or any political subdivision thereof may be acquired only with the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity for comment, that the property is being developed, or proposed to be developed, in a manner which is detrimental to the integrity of the preserve or which is otherwise incompatible with the purposes of this part: Provided, however, That the construction, modification, repair, improvement, or replacement of a single-family residence shall not be determined to be detrimental to the integrity of the preserve or incompatible with the purposes of this part.
(
Statutory Notes and Related Subsidiaries
Boundary Adjustment, Mojave National Preserve
Land Exchange, Mojave National Preserve
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
§410aaa–57. Acquired lands to be made part of Mojave National Preserve
Any lands acquired by the Secretary under this part shall become part of the Mojave National Preserve.
(
§410aaa–58. Mojave National Preserve Advisory Commission
(a) Establishment
The Secretary shall establish an Advisory Commission of no more than fifteen members, to advise the Secretary concerning the development and implementation of a new or revised comprehensive management plan for the Mojave National Preserve.
(b) Membership
(1) The advisory commission shall include an elected official for each County within which any part of the preserve is located, a representative of the owners of private properties located within or immediately adjacent to the preserve, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with expertise in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the Secretary so as to maintain the full diversity of views required to be represented on the advisory commission.
(c) Applicability of chapter 10 of title 5
(d) Termination
The advisory commission shall cease to exist ten years after the date of its establishment.
(
Editorial Notes
Amendments
2022—Subsec. (c).
§410aaa–59. No adverse effect on land until acquired
Unless and until acquired by the United States, no lands within the boundaries of wilderness areas or National Park System units designated or enlarged by this Act that are owned by any person or entity other than the United States shall be subject to any of the rules or regulations applicable solely to the Federal lands within such boundaries and may be used to the extent allowed by applicable law. Neither the location of such lands within such boundaries nor the possible acquisition of such lands by the United States shall constitute a bar to the otherwise lawful issuance of any Federal license or permit other than a license or permit related to activities governed by
(
Editorial Notes
References in Text
This Act, referred to in text, is defined in section 3 of
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360,
Codification
In text, "
Part D—Miscellaneous Provisions
§410aaa–71. Transfer of lands to Red Rock Canyon State Park
On October 31, 1994, the Secretary shall transfer to the State of California certain lands within the California Desert Conservation Area, California, of the Bureau of Land Management, comprising approximately twenty thousand five hundred acres, as generally depicted on two maps entitled "Red Rock Canyon State Park Additions 1" and "Red Rock Canyon State Park Additions 2", dated May 1991, for inclusion in the State of California Park System. Should the State of California cease to manage these lands as part of the State Park System, ownership of the lands shall revert to the Department of the Interior to be managed as part of California Desert Conservation Area to provide maximum protection for the area's scenic and scientific values.
(
§410aaa–72. Land tenure adjustments
In preparing land tenure adjustment decisions with the California Desert Conservation Area, of the Bureau of Land Management, the Secretary shall give priority to consolidating Federal ownership within the national park units and wilderness areas designated by this Act.
(
Editorial Notes
References in Text
This Act, referred to in text, is defined in section 3 of
§410aaa–73. Land disposal
Except as provided in
(
Editorial Notes
References in Text
This Act, referred to in text, is defined in section 3 of
The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42,
§410aaa–74. Management of newly acquired lands
Any lands within the boundaries of a wilderness area designated under this Act which are acquired by the Federal Government, shall become part of the wilderness area within which they are located and shall be managed in accordance with all the provisions of this Act and other laws applicable to such wilderness area.
(
Editorial Notes
References in Text
This Act, referred to in text, is defined in section 3 of
§410aaa–75. Native American uses and interests
(a) Access
The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including
(b) Temporary closure
(1) In general
In accordance with applicable law, including
(2) Limitation
In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.
(c) Study
(1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are located within the Tribe's aboriginal homeland area within and outside the boundaries of the Death Valley National Monument and the Death Valley National Park, as described in part A of this subchapter.
(2) Not later than 1 year after October 31, 1994, the Secretary shall submit a report to the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the United States Senate, and the Committee on Natural Resources of the United States House of Representatives on the results of the study conducted under paragraph (1).
(d) Tribal cultural resources management plan
(1) In general
Not later than 2 years after March 12, 2019, the Secretary shall develop and implement a Tribal cultural resources management plan to identify, protect, and conserve cultural resources of Indian Tribes associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California).
(2) Consultation
The Secretary shall consult on the development and implementation of the Tribal cultural resources management plan under paragraph (1) with—
(A) each of—
(i) the Chemehuevi Indian Tribe;
(ii) the Hualapai Tribal Nation;
(iii) the Fort Mojave Indian Tribe;
(iv) the Colorado River Indian Tribes;
(v) the Quechan Indian Tribe; and
(vi) the Cocopah Indian Tribe;
(B) the Advisory Council on Historic Preservation; and
(C) the State Historic Preservation Offices of Nevada, Arizona, and California.
(3) Resource protection
The Tribal cultural resources management plan developed under paragraph (1) shall—
(A) be based on a completed Tribal cultural resources survey; and
(B) include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including—
(i)
(ii)
(iii) the Archaeological Resources Protection Act of 1979 (
(iv) the Native American Graves Protection and Repatriation Act (
(v)
(e) Withdrawal
Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the "Indian Pass Withdrawal Area" is permanently withdrawn from—
(1) all forms of entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) right-of-way leasing and disposition under all laws relating to minerals or solar, wind, or geothermal energy.
(
Editorial Notes
References in Text
This Act, referred to in subsecs. (a) and (b)(1), is defined in section 3 of
The American Indian Religious Freedom Act, referred to in subsecs. (a), (b)(1), and (d)(3)(B)(ii), is
The Archaeological Resources Protection Act of 1979, referred to in subsec. (d)(3)(B)(iii), is
The Native American Graves Protection and Repatriation Act, referred to in subsec. (d)(3)(B)(iv), is
The Religious Freedom Restoration Act of 1993, referred to in subsec. (d)(3)(B)(v), is
Amendments
2019—
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Section 103 of
§410aaa–76. Federal reserved water rights
(a) Reservation of sufficient water
Except as otherwise provided in section 204 of this Act, with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved water rights shall be October 31, 1994.
(b) Protection of rights reserved
The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by this section, including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California in which the United States is or may be joined in accordance with
(c) Relinquishment or reduction of rights
Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of California on or before October 31, 1994.
(d) Specific reservation
The Federal water rights reserved by this Act are specific to the wilderness area located in the State of California designated under this Act. Nothing in this Act related to the reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made thereto.
(
Editorial Notes
References in Text
Section 204 of this Act, referred to in subsec. (a), is section 204 of
This Act, referred to in subsecs. (a), (c), and (d), is defined in section 3 of
§410aaa–77. California State School lands
(a) Negotiations to exchange
(1) In general
The Secretary shall negotiate in good faith to reach an agreement with the California State Lands Commission (referred to in this section as the "Commission") to exchange Federal lands or interests therein on the list referred to in subsection (b)(2) for California State School lands or interests therein which are located within the boundaries of one or more of the wilderness areas, national monuments, off-highway vehicle recreation areas, or park system units designated by this Act (hereinafter in this section referred to as "State School lands.").
(2) Agreement
To the maximum extent practicable, not later than 10 years after October 31, 1994, the Secretary shall reach a land exchange agreement consistent with the requirements of section 206 of the Federal Land Policy and Management Act of 1976 [
(b) Preparation of list
Within six months after October 31, 1994, the Secretary shall send to the Commission and to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a list of the following:
(1) State School lands or interests therein (including mineral interests) which are located within the boundaries of the wilderness areas, national monuments, off-highway vehicle recreation areas, or park system units designated by this Act.
(2) Lands within the State of California under the jurisdiction of the Secretary that the Secretary determines to be suitable for disposal for exchange, identified in the following priority—
(A) lands with mineral interests, including geothermal, which have the potential for commercial development but which are not currently under mineral lease or producing Federal mineral revenues;
(B) Federal claims in California managed by the Bureau of Reclamation that the Secretary determines are not needed for any Bureau of Reclamation project; and
(C) any public lands in California that the Secretary, pursuant to the Federal Land Policy and Management Act of 1976 [
(3) Any other Federal land, or interest therein, within the State of California, which is or becomes surplus to the needs of the Federal Government. The Secretary may exclude, in the Secretary's discretion, lands located within, or contiguous to, the exterior boundaries of lands held in trust for a federally recognized Indian tribe located in the State of California.
(4) The Secretary shall maintain such list and shall annually transmit such list to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives until all of the State School lands identified in paragraph (1) have been acquired.
(c) Disposal of surplus Federal property
(1) Effective upon October 31, 1994, and until all State School lands identified in paragraph (b)(1) of this section are acquired, no Federal lands or interests therein within the State of California may be disposed of from Federal ownership unless—
(A) the Secretary is notified of the availability of such lands or interest therein;
(B) the Secretary has notified the Commission of the availability of such lands or interests therein for exchange; and
(C) the Commission has not notified the Secretary within six months that it wishes to consider entering into an exchange for such lands or interests therein.
(2) If the Commission notifies the Secretary that it wishes to consider an exchange for such lands or interests therein, the Secretary shall attempt to conclude such exchange in accordance with the provisions of this section as quickly as possible.
(3) If an agreement is reached and executed with the Commission, then upon notice to the head of the agency having administrative jurisdiction over such lands or interests therein, the Secretary shall be vested with administrative jurisdiction over such land or interests therein for the purpose of concluding such exchange.
(4) Upon the acquisition of all State School lands or upon notice by the Commission to the Secretary that it no longer has an interest in such lands or interests therein, such lands or interests shall be released to the agency that originally had jurisdiction over such lands or interests for disposal in accordance with the laws otherwise applicable to such lands or interests.
(d) No effect on military base closures
The provisions of this section shall not apply to the disposal of property under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(
Editorial Notes
References in Text
This Act, referred to in subsecs. (a)(1) and (b)(1), is defined in section 3 of
The Federal Land Policy and Management Act of 1976, referred to in subsec. (b)(2)(C), is
The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (d), is
The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (d), is part A of title XXIX of div. B of
Amendments
2019—Subsec. (a).
Subsec. (b)(1).
§410aaa–78. Access to private property
The Secretary shall provide adequate access to nonfederally owned land or interests in land within the boundaries of the conservation units and wilderness areas designated by this Act which will provide the owner of such land or interest the reasonable use and enjoyment thereof.
(
Editorial Notes
References in Text
This Act, referred to in text, is defined in section 3 of
§410aaa–79. Federal facilities fee equity
(a) Policy statement
It is the intent of Congress that entrance, tourism or recreational use fees for use of Federal lands and facilities not discriminate against any State or any region of the country.
(b) Fee study
The Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1996 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall—
(1) identify all Federal lands and facilities that provide recreational or tourism use; and
(2) analyze by State and region any fees charged for entrance, recreational or tourism use, if any, on Federal lands or facilities in a State or region, individually and collectively.
(c) Recommendations
Following completion of the report in subsection (b), the Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1, 1997 to the Committee on Energy and Natural Resources of the United States Senate, the Committee on Natural Resources of the United States House of Representatives, and any other relevant committees, which shall contain recommendations which the Secretary deems appropriate for implementing the congressional intent outlined in subsection (a).
(
§410aaa–80. Land appraisal
Lands and interests in lands acquired pursuant to this Act shall be appraised without regard to the presence of a species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (
(
Editorial Notes
References in Text
This Act, referred to in text, is defined in section 3 of
The Endangered Species Act of 1973, referred to in text, is
§410aaa–81. Juniper Flats
Development of renewable energy generation facilities (excluding rights-of-way or facilities for the transmission of energy and telecommunication facilities and infrastructure) is prohibited on the approximately 27,990 acres of Federal land generally depicted as "BLM Land Unavailable for Energy Development" on the map entitled "Juniper Flats" and dated November 7, 2018.
(
Editorial Notes
Prior Provisions
A prior section 410aaa–81,
§410aaa–81a. Transfer of land to Anza-Borrego Desert State Park
(a) In general
On termination of all mining claims to the land described in subsection (b), the Secretary shall transfer the land described in that subsection to the State of California.
(b) Description of land
The land referred to in subsection (a) is certain Bureau of Land Management land in San Diego County, California, comprising approximately 934 acres, as generally depicted on the map entitled "Proposed Table Mountain Wilderness Study Area Transfer to the State" and dated November 7, 2018.
(c) Management
(1) In general
The land transferred under subsection (a) shall be managed in accordance with the provisions of the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40).
(2) Withdrawal
Subject to valid existing rights, the land transferred under subsection (a) 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) disposition under all laws relating to mineral and geothermal leasing.
(3) Reversion
If the State ceases to manage the land transferred under subsection (a) as part of the State Park System or in a manner inconsistent with the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40), the land shall revert to the Secretary at the discretion of the Secretary, to be managed as a Wilderness Study Area.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Section 103 of
§410aaa–81b. Wildlife corridors
(a) In general
The Secretary shall—
(1) assess the impacts of habitat fragmentation on wildlife in the California Desert Conservation Area; and
(2) establish policies and procedures to ensure the preservation of wildlife corridors and facilitate species migration.
(b) Study
(1) In general
As soon as practicable, but not later than 2 years, after March 12, 2019, the Secretary shall complete a study regarding the impact of habitat fragmentation on wildlife in the California Desert Conservation Area.
(2) Components
The study under paragraph (1) shall—
(A) identify the species migrating, or likely to migrate 1 in the California Desert Conservation Area;
(B) examine the impacts and potential impacts of habitat fragmentation on—
(i) plants, insects, and animals;
(ii) soil;
(iii) air quality;
(iv) water quality and quantity; and
(v) species migration and survival;
(C) identify critical wildlife and species migration corridors recommended for preservation; and
(D) include recommendations for ensuring the biological connectivity of public land managed by the Secretary and the Secretary of Defense throughout the California Desert Conservation Area.
(3) Rights-of-way
The Secretary shall consider the information and recommendations of the study under paragraph (1) to determine the individual and cumulative impacts of rights-of-way for projects in the California Desert Conservation Area, in accordance with—
(A) the National Environmental Policy Act of 1969 (
(B) the Endangered Species Act of 1973 (
(C) any other applicable law.
(c) Land management plans
The Secretary shall incorporate into all land management plans applicable to the California Desert Conservation Area the findings and recommendations of the study completed under subsection (b).
(
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (b)(3)(A), is
The Endangered Species Act of 1973, referred to in subsec. (b)(3)(B), is
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Section 103 of
1 So in original. Probably should be followed by a comma.
§410aaa–81c. Prohibited uses of acquired, donated, and conservation land
(a) Definitions
In this section:
(1) Acquired land
The term "acquired land" means any land acquired within the Conservation Area using amounts from the land and water conservation fund established under
(2) Conservation area
The term "Conservation Area" means the California Desert Conservation Area.
(3) Conservation land
The term "conservation land" means any land within the Conservation Area that is designated to satisfy the conditions of a Federal habitat conservation plan, general conservation plan, or State natural communities conservation plan, including—
(A) national conservation land established pursuant to
(B) areas of critical environmental concern established pursuant to
(4) Donated land
The term "donated land" means any private land donated to the United States for conservation purposes in the Conservation Area.
(5) Donor
The term "donor" means an individual or entity that donates private land within the Conservation Area to the United States.
(6) Secretary
The term "Secretary" means the Secretary, acting through the Director of the Bureau of Land Management.
(7) State
The term "State" means the State of California.
(b) Prohibitions
Except as provided in subsection (c), the Secretary shall not authorize the use of acquired land, conservation land, or donated land within the Conservation Area for any activities contrary to the conservation purposes for which the land was acquired, designated, or donated, including—
(1) disposal;
(2) rights-of-way;
(3) leases;
(4) livestock grazing;
(5) infrastructure development, except as provided in subsection (c);
(6) mineral entry; and
(7) off-highway vehicle use, except on—
(A) designated routes;
(B) off-highway vehicle areas designated by law; and
(C) administratively designated open areas.
(c) Exceptions
(1) Authorization by Secretary
Subject to paragraph (2), the Secretary may authorize limited exceptions to prohibited uses of acquired land or donated land in the Conservation Area if—
(A) a right-of-way application for a renewable energy development project or associated energy transport facility on acquired land or donated land was submitted to the Bureau of Land Management on or before December 1, 2009; or
(B) after the completion and consideration of an analysis under the National Environmental Policy Act of 1969 (
(2) Conditions
(A) In general
If the Secretary grants an exception to the prohibition under paragraph (1), the Secretary shall require the permittee to donate private land of comparable value located within the Conservation Area to the United States to mitigate the use.
(B) Approval
The private land to be donated under subparagraph (A) shall be approved by the Secretary after—
(i) consultation, to the maximum extent practicable, with the donor of the private land proposed for nonconservation uses; and
(ii) an opportunity for public comment regarding the donation.
(d) Existing agreements
Nothing in this section affects permitted or prohibited uses of donated land or acquired land in the Conservation Area established in any easements, deed restrictions, memoranda of understanding, or other agreements in existence on March 12, 2019.
(e) Deed restrictions
Effective beginning on March 12, 2019, within the Conservation Area, the Secretary may—
(1) accept deed restrictions requested by landowners for land donated to, or otherwise acquired by, the United States; and
(2) consistent with existing rights, create deed restrictions, easements, or other third-party rights relating to any public land determined by the Secretary to be necessary—
(A) to fulfill the mitigation requirements resulting from the development of renewable resources; or
(B) to satisfy the conditions of—
(i) a habitat conservation plan or general conservation plan established pursuant to
(ii) a natural communities conservation plan approved by the State.
(
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(B), is
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Section 103 of
§410aaa–82. Military overflights
(a) Overflights
Nothing in this Act, the Wilderness Act [
(b) Special airspace
Nothing in this Act, the Wilderness Act [
(c) No effect on other laws
Nothing in this section shall be construed to modify, expand, or diminish any authority under other Federal law.
(d) Department of Defense facilities
Nothing in this Act alters any authority of the Secretary of Defense to conduct military operations at installations and ranges within the California Desert Conservation Area that are authorized under any other provision of law.
(
Editorial Notes
References in Text
This Act, referred to in subsecs. (a), (b), and (d), is defined in section 3 of
The Wilderness Act, referred to in subsecs. (a) and (b), is
Amendments
2019—Subsecs. (a), (b).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Short Title and Findings
"(a)
"(b)
"(1) military aircraft testing and training activities as well as demilitarization activities in California are an important part of the national defense system of the United States, and are essential in order to secure for the American people of this and future generations an enduring and viable national defense system;
"(2) the National Park System units, special management areas, off-highway vehicle recreation areas, scenic areas, and wilderness areas designated by this Act [see section 3 of
"(3) there is a lack of alternative sites available for these military training, testing, and research activities;
"(4) continued use of the lands and airspace in the California desert region is essential for military purposes; and
"(5) continuation of these military activities, under appropriate terms and conditions, is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources and values of the Federal lands in the California desert area."
§410aaa–83. Authorization of appropriations
There is authorized to be appropriated to the National Park Service and to the Bureau of Land Management to carry out this Act an amount not to exceed $36,000,000 over and above that provided in fiscal year 1994 for additional administrative and construction costs over the fiscal year 1995–1999 period, and $300,000,000 for all land acquisition costs. No funds in excess of these amounts may be used for construction, administration, or land acquisition authorized under this Act without a specific authorization in an Act of Congress enacted after October 31, 1994.
(
Editorial Notes
References in Text
This Act, referred to in text, is defined in section 3 of
Part E—Off-Highway Vehicle Recreation Areas
§410aaa–91. Designation of Off-Highway Vehicle Recreation Areas
(a) In general
(1) Designation
In accordance with the Federal Land Policy and Management Act of 1976 (
(A) Dumont Dunes Off-Highway Vehicle Recreation Area
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 7,620 acres, as generally depicted on the map entitled "Proposed Dumont Dunes OHV Recreation Area" and dated November 7, 2018, which shall be known as the "Dumont Dunes Off-Highway Vehicle Recreation Area".
(B) El Mirage Off-Highway Vehicle Recreation Area
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 16,370 acres, as generally depicted on the map entitled "Proposed El Mirage OHV Recreation Area" and dated December 10, 2018, which shall be known as the "El Mirage Off-Highway Vehicle Recreation Area".
(C) Rasor Off-Highway Vehicle Recreation Area
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 23,900 acres, as generally depicted on the map entitled "Proposed Rasor OHV Recreation Area" and dated November 7, 2018, which shall be known as the "Rasor Off-Highway Vehicle Recreation Area".
(D) Spangler Hills Off-Highway Vehicle Recreation Area
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 92,340 acres, as generally depicted on the map entitled "Proposed Spangler Hills OHV Recreation Area" and dated December 10, 2018, which shall be known as the "Spangler Hills Off-Highway Vehicle Recreation Area".
(E) Stoddard Valley Off-Highway Vehicle Recreation Area
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 40,110 acres, as generally depicted on the map entitled "Proposed Stoddard Valley OHV Recreation Area" and dated November 7, 2018, which shall be known as the "Stoddard Valley Off-Highway Vehicle Recreation Area".
(2) Expansion of Johnson Valley Off-Highway Vehicle Recreation Area
The Johnson Valley Off-Highway Vehicle Recreation Area designated by section 2945 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of
(b) Purpose
The purpose of the off-highway vehicle recreation areas designated or expanded under subsection (a) is to preserve and enhance the recreational opportunities within the Conservation Area (including opportunities for off-highway vehicle recreation), while conserving the wildlife and other natural resource values of the Conservation Area.
(c) Maps and descriptions
(1) Preparation and submission
As soon as practicable after March 12, 2019, the Secretary shall file a map and legal description of each off-highway vehicle recreation area designated or expanded by subsection (a) with—
(A) the Committee on Natural Resources of the House of Representatives; and
(B) the Committee on Energy and Natural Resources of the Senate.
(2) Legal effect
The map and legal descriptions of the off-highway vehicle recreation areas filed under paragraph (1) shall have the same force and effect as if included in this part, except that the Secretary may correct errors in the map and legal descriptions.
(3) Public availability
Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate offices of the Bureau of Land Management.
(d) Use of the land
(1) Recreational activities
(A) In general
The Secretary shall continue to authorize, maintain, and enhance the recreational uses of the off-highway vehicle recreation areas designated or expanded by subsection (a), as long as the recreational use is consistent with this section and any other applicable law.
(B) Off-highway vehicle and off-highway recreation
To the extent consistent with applicable Federal law (including regulations) and this section, any authorized recreation activities and use designations in effect on March 12, 2019, and applicable to the off-highway vehicle recreation areas designated or expanded by subsection (a) shall continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation.
(2) Wildlife guzzlers
Wildlife guzzlers shall be allowed in the off-highway vehicle recreation areas designated or expanded by subsection (a) in accordance with—
(A) applicable Bureau of Land Management guidelines; and
(B) State law.
(3) Prohibited uses
(A) In general
Except as provided in subparagraph (B), commercial development (including development of energy facilities, but excluding energy transport facilities, rights-of-way, and related telecommunication facilities) shall be prohibited in the off-highway vehicle recreation areas designated or expanded by subsection (a) if the Secretary determines that the development is incompatible with the purpose described in subsection (b).
(B) Exception
The Secretary may issue a temporary permit to a commercial vendor to provide accessories and other support for off-highway vehicle use in an off-highway vehicle recreation area designated or expanded by subsection (a) for a limited period and consistent with the purposes of the off-highway vehicle recreation area and applicable laws.
(e) Administration
(1) In general
The Secretary shall administer the off-highway vehicle recreation areas designated or expanded by subsection (a) in accordance with—
(A) this part;
(B) the Federal Land Policy and Management Act of 1976 (
(C) any other applicable laws (including regulations).
(2) Management plan
(A) In general
As soon as practicable, but not later than 3 years after March 12, 2019, the Secretary shall—
(i) amend existing resource management plans applicable to the off-highway vehicle recreation areas designated or expanded by subsection (a); or
(ii) develop new management plans for each off-highway vehicle recreation area designated or expanded under that subsection.
(B) Requirements
All new or amended plans under subparagraph (A) shall be designed to preserve and enhance safe off-highway vehicle and other recreational opportunities within the applicable recreation area consistent with—
(i) the purpose described in subsection (b); and
(ii) any applicable laws (including regulations).
(C) Interim plans
Pending completion of a new management plan under subparagraph (A), the existing resource management plans shall govern the use of the applicable off-highway vehicle recreation area.
(f) Withdrawal
Subject to valid existing rights, all Federal land within the off-highway vehicle recreation areas designated or expanded by subsection (a) is withdrawn from—
(1) all forms of entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) right-of-way, leasing, or disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials.
(g) Southern California Edison Company utility facilities and rights-of-way
(1) Effect of part
Nothing in this part—
(A) affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized energy transport facility activities (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Southern California Edison Company (including any successor in interest or assign) that is located on land included in—
(i) the El Mirage Off-Highway Vehicle Recreation Area;
(ii) the Spangler Hills Off-Highway Vehicle Recreation Area;
(iii) the Stoddard Valley Off-Highway Vehicle Recreation Area; or
(iv) the Johnson Valley Off-Highway Vehicle Recreation Area;
(B) affects the application, siting, route selection, right-of-way acquisition, or construction of the Coolwater-Lugo transmission project, as may be approved by the California Public Utilities Commission and the Bureau of Land Management; or
(C) prohibits the upgrading or replacement of any Southern California Edison Company—
(i) utility facility, including such a utility facility known on March 12, 2019, as—
(I) "Gale-PS 512 transmission lines or rights-of-way";
(II) "Patio, Jack Ranch, and Kenworth distribution circuits or rights-of-way"; or
(III) "Bessemer and Peacor distribution circuits or rights-of-way"; or
(ii) energy transport facility in a right-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i).
(2) Plans for access
The Secretary, in consultation with the Southern California Edison Company, shall publish plans for regular and emergency access by the Southern California Edison Company to the rights-of-way of the Company by the date that is 1 year after the later of—
(A) March 12, 2019; and
(B) the date of issuance of a new energy transport facility right-of-way within—
(i) the El Mirage Off-Highway Vehicle Recreation Area;
(ii) the Spangler Hills Off-Highway Vehicle Recreation Area;
(iii) the Stoddard Valley Off-Highway Vehicle Recreation Area; or
(iv) the Johnson Valley Off-Highway Vehicle Recreation Area.
(h) Pacific Gas and Electric Company utility facilities and rights-of-way
(1) Effect of part
Nothing in this part—
(A) affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any successor in interest or assign) that is located on land included in the Spangler Hills Off-Highway Vehicle Recreation Area; or
(B) prohibits the upgrading or replacement of any—
(i) utility facilities of the Pacific Gas and Electric Company, including those utility facilities known on March 12, 2019, as—
(I) "Gas Transmission Line 311 or rights-of-way"; or
(II) "Gas Transmission Line 372 or rights-of-way"; or
(ii) utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i).
(2) Plans for access
Not later than 1 year after March 12, 2019, or the issuance of a new utility facility right-of-way within the Spangler Hills Off-Highway Vehicle Recreation Area, whichever is later, the Secretary, in consultation with the Pacific Gas and Electric Company, shall publish plans for regular and emergency access by the Pacific Gas and Electric Company to the rights-of-way of the Pacific Gas and Electric Company.
(
Editorial Notes
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsecs. (a)(1) and (e)(1)(B), is
Section 2945 of the Military Construction Authorization Act for Fiscal Year 2014, referred to in subsec. (a)(2), is section 2945 of title XXIX of div. B of
Statutory Notes and Related Subsidiaries
Johnson Valley Off-Highway Vehicle Recreation Area
"(a)
"(1) 43,431 acres (as depicted on the map referred to in subsection (b) of section 2941 [
"(2) The Shared Use Area.
"(b)
"(c)
"(1) the Federal Land Policy and Management Act of 1976 (
"(2) any other applicable law.
"(d)
[For definition of "Shared Use Area" as used in section 2945 of