[USC02] 16 USC 460eeee: Vinagre Wash Special Management Area
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16 USC 460eeee: Vinagre Wash Special Management Area Text contains those laws in effect on September 23, 2020
From Title 16-CONSERVATIONCHAPTER 1-NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORESSUBCHAPTER CXLII-VINAGRE WASH SPECIAL MANAGEMENT AREA

§460eeee. Vinagre Wash Special Management Area

(a) Definitions

In this section:

(1) Management area

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

(2) Map

The term "map" means the map entitled "Proposed Vinagre Wash Special Management Area and Proposed Wilderness" and dated December 4, 2018.

(3) Public land

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

(4) State

The term "State" means the State of California.

(b) Establishment

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

(c) Purpose

The purpose of the Management Area is to conserve, protect, and enhance-

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

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

(d) Boundaries

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

(e) Map; legal description

(1) In general

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

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

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

(2) Effect

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

(3) Availability

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

(f) Management

(1) In general

The Secretary shall manage the Management Area-

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

(B) in accordance with-

(i) this section;

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

(iii) other applicable laws.

(2) Uses

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

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

(B) ensures public health and safety; and

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

(3) Off-highway vehicle use

(A) In general

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

(B) Closure

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

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

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

(iii) to address public safety concerns; or

(iv) as otherwise required by law.

(C) Designation of additional routes

During the 3-year period beginning on March 12, 2019, the Secretary-

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

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

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

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

(4) Withdrawal

Subject to valid existing rights, all Federal land within the Management Area is withdrawn from-

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

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

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

(i) minerals and mineral materials; or

(ii) solar, wind, and geothermal energy.

(5) No buffer zone

The establishment of the Management Area shall not-

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

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

(6) Notice of available routes

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

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

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

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

(7) Stewardship

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

(A) route signage;

(B) restoration of closed routes;

(C) protection of Management Area resources; and

(D) recreation education.

(8) Protection of tribal cultural resources

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

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

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

(9) Military use

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

(Pub. L. 103–433, title I, §109, as added Pub. L. 116–9, title I, §1421, Mar. 12, 2019, 133 Stat. 696 .)

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (f)(1)(B)(ii), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743 , which is classified principally to chapter 35 (§1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

"Secretary" Defined

Section 103 of Pub. L. 103–433 provided in part that in this subchapter "Secretary" means the Secretary of the Interior.