{"identifier":"/us/usc/t16/s460www","title":16,"num":"\u00a7\u202f460www.","heading":"Red Cliffs National Conservation Area","text":"\u00a7\u202f460www.\nRed Cliffs National Conservation Area\n(a)\nPurposes\nThe purposes of this section are\u2014\n(1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and\n(2) to protect each species that is\u2014\n(A) located in the National Conservation Area; and\n(B) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under\nsection 1533(c)(1) of this title\n(b)\nDefinitions\nIn this section:\n(1)\nHabitat conservation plan\nThe term \u201chabitat conservation plan\u201d means the conservation plan entitled \u201cWashington County Habitat Conservation Plan\u201d and dated\nFebruary 23, 1996\n(2)\nManagement plan\nThe term \u201cmanagement plan\u201d means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).\n(3)\nNational Conservation Area\nThe term \u201cNational Conservation Area\u201d means the Red Cliffs National Conservation Area that\u2014\n(A) consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and\n(B) is established by subsection (c).\n(4)\nPublic use plan\nThe term \u201cpublic use plan\u201d means the use plan entitled \u201cRed Cliffs Desert Reserve Public Use Plan\u201d and dated\nJune 12, 2000\n(5)\nResource management plan\nThe term \u201cresource management plan\u201d means the management plan entitled \u201cSt. George Field Office Resource Management Plan\u201d and dated\nMarch 15, 1999\n(c)\nEstablishment\nSubject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area.\n(d)\nManagement plan\n(1)\nIn general\nNot later than 3 years after\nMarch 30, 2009\n(2)\nConsultation\nIn developing the management plan required under paragraph (1), the Secretary shall consult with\u2014\n(A) appropriate State, tribal, and local governmental entities; and\n(B) members of the public.\n(3)\nIncorporation of plans\nIn developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of\u2014\n(A) the habitat conservation plan;\n(B) the resource management plan; and\n(C) the public use plan.\n(e)\nManagement\n(1)\nIn general\nThe Secretary shall manage the National Conservation Area\u2014\n(A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and\n(B) in accordance with\u2014\n(i) the Federal Land Policy and Management Act of 1976 (\n43 U.S.C. 1701\n(ii) this section; and\n(iii) any other applicable law (including regulations).\n(2)\nUses\nThe Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).\n(3)\nMotorized vehicles\nExcept in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.\n(4)\nGrazing\nThe grazing of livestock in the National Conservation Area, where established before\n(A) subject to\u2014\n(i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and\n(ii) applicable law; and\n(B) in a manner consistent with the purposes described in subsection (a).\n(5)\nWildland fire operations\nNothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.\n(f)\nIncorporation of acquired land and interests\nAny land or interest in land that is located in the National Conservation Area that is acquired by the United States shall\u2014\n(1) become part of the National Conservation Area; and\n(2) be managed in accordance with\u2014\n(A) the Federal Land Policy and Management Act of 1976 (\n43 U.S.C. 1701\n(B) this section; and\n(C) any other applicable law (including regulations).\n(g)\nWithdrawal\n(1)\nIn general\nSubject to valid existing rights, all Federal land located in the National Conservation Area are\n(A) all forms of entry, appropriation, and disposal under the public land laws;\n(B) location, entry, and patenting under the mining laws; and\n(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.\n(2)\nAdditional land\nIf the Secretary acquires additional land that is located in the National Conservation Area after\nMarch 30, 2009\n(h)\nEffect\nNothing in this section prohibits the authorization of the development of utilities within the National Conservation Area if the development is carried out in accordance with\u2014\n(1) each utility development protocol described in the habitat conservation plan; and\n(2) any other applicable law (including regulations).","url":"https://projectusc.org/usc/t16/s460www.html","content":[{"t":"sec","id":"/us/usc/t16/s460www","children":[{"t":"num","text":"\u00a7\u202f460www."},{"t":"heading","text":"Red Cliffs National Conservation Area"},{"t":"subsec","id":"/us/usc/t16/s460www/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Purposes"},{"t":"chapeau","text":"The purposes of this section are\u2014"},{"t":"para","id":"/us/usc/t16/s460www/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/a/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" to protect each species that is\u2014"},{"t":"subpara","id":"/us/usc/t16/s460www/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" located in the National Conservation Area; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under ","children":[{"t":"ref","text":"section 1533(c)(1) of this title","href":"/us/usc/t16/s1533/c/1","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s460www/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t16/s460www/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Habitat conservation plan"},{"t":"content","children":[{"t":"p","text":"The term \u201chabitat conservation plan\u201d means the conservation plan entitled \u201cWashington County Habitat Conservation Plan\u201d and dated ","children":[{"t":"text","text":"February 23, 1996","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Management plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cmanagement plan\u201d means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"National Conservation Area"},{"t":"chapeau","text":"The term \u201cNational Conservation Area\u201d means the Red Cliffs National Conservation Area that\u2014"},{"t":"subpara","id":"/us/usc/t16/s460www/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is established by subsection (c).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Public use plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cpublic use plan\u201d means the use plan entitled \u201cRed Cliffs Desert Reserve Public Use Plan\u201d and dated ","children":[{"t":"text","text":"June 12, 2000","tail":", as amended."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/b/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Resource management plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cresource management plan\u201d means the management plan entitled \u201cSt. George Field Office Resource Management Plan\u201d and dated ","children":[{"t":"text","text":"March 15, 1999","tail":", as amended."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s460www/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Establishment"},{"t":"content","children":[{"t":"p","text":"Subject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s460www/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Management plan"},{"t":"para","id":"/us/usc/t16/s460www/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Not later than 3 years after ","children":[{"t":"text","text":"March 30, 2009","tail":", and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Consultation"},{"t":"chapeau","text":"In developing the management plan required under paragraph (1), the Secretary shall consult with\u2014"},{"t":"subpara","id":"/us/usc/t16/s460www/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" appropriate State, tribal, and local governmental entities; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" members of the public.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Incorporation of plans"},{"t":"chapeau","text":"In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of\u2014"},{"t":"subpara","id":"/us/usc/t16/s460www/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the habitat conservation plan;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the resource management plan; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/d/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the public use plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s460www/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Management"},{"t":"para","id":"/us/usc/t16/s460www/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The Secretary shall manage the National Conservation Area\u2014"},{"t":"subpara","id":"/us/usc/t16/s460www/e/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/e/1/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" in accordance with\u2014"},{"t":"clause","id":"/us/usc/t16/s460www/e/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the Federal Land Policy and Management Act of 1976 (","children":[{"t":"ref","text":"43 U.S.C. 1701","href":"/us/usc/t43/s1701","tail":" et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s460www/e/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" this section; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s460www/e/1/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" any other applicable law (including regulations).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Uses"},{"t":"content","children":[{"t":"p","text":"The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Motorized vehicles"},{"t":"content","children":[{"t":"p","text":"Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/e/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Grazing"},{"t":"chapeau","text":"The grazing of livestock in the National Conservation Area, where established before ","children":[{"t":"text","text":"March 30, 2009","tail":", shall be permitted to continue\u2014"}]},{"t":"subpara","id":"/us/usc/t16/s460www/e/4/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" subject to\u2014"},{"t":"clause","id":"/us/usc/t16/s460www/e/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" such reasonable regulations, policies, and practices as the Secretary considers necessary; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t16/s460www/e/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" applicable law; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/e/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" in a manner consistent with the purposes described in subsection (a).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/e/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Wildland fire operations"},{"t":"content","children":[{"t":"p","text":"Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s460www/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Incorporation of acquired land and interests"},{"t":"chapeau","text":"Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall\u2014"},{"t":"para","id":"/us/usc/t16/s460www/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" become part of the National Conservation Area; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/f/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" be managed in accordance with\u2014"},{"t":"subpara","id":"/us/usc/t16/s460www/f/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Federal Land Policy and Management Act of 1976 (","children":[{"t":"ref","text":"43 U.S.C. 1701","href":"/us/usc/t43/s1701","tail":" et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/f/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" this section; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/f/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" any other applicable law (including regulations).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s460www/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Withdrawal"},{"t":"para","id":"/us/usc/t16/s460www/g/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Subject to valid existing rights, all Federal land located in the National Conservation Area are\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cis\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cis\u201d.","tail":" withdrawn from\u2014"}]},{"t":"subpara","id":"/us/usc/t16/s460www/g/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" all forms of entry, appropriation, and disposal under the public land laws;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/g/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" location, entry, and patenting under the mining laws; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s460www/g/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" operation of the mineral leasing, mineral materials, and geothermal leasing laws.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/g/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Additional land"},{"t":"content","children":[{"t":"p","text":"If the Secretary acquires additional land that is located in the National Conservation Area after ","children":[{"t":"text","text":"March 30, 2009","tail":", the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s460www/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Effect"},{"t":"chapeau","text":"Nothing in this section prohibits the authorization of the development of utilities within the National Conservation Area if the development is carried out in accordance with\u2014"},{"t":"para","id":"/us/usc/t16/s460www/h/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" each utility development protocol described in the habitat conservation plan; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s460www/h/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" any other applicable law (including regulations).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}