SUBCHAPTER CXL—JOHN WESLEY POWELL NATIONAL CONSERVATION AREA
Editorial Notes
Prior Provisions
A prior subchapter CXL, relating to Ste. Genevieve National Historical Park and consisting of section 460cccc, was editorially reclassified as subchapter LIX–VV (§410xxx) of this chapter.
§460cccc. John Wesley Powell National Conservation Area
(a) Definitions
In this section:
(1) Map
The term "Map" means the Bureau of Land Management map entitled "Proposed John Wesley Powell National Conservation Area" and dated December 10, 2018.
(2) National Conservation Area
The term "National Conservation Area" means the John Wesley Powell National Conservation Area established by subsection (b)(1).
(b) Establishment
(1) In general
Subject to valid existing rights, there is established the John Wesley Powell National Conservation Area in the State of Utah.
(2) Area included
The National Conservation Area shall consist of approximately 29,868 acres of public land administered by the Bureau of Land Management as generally depicted on the Map.
(c) Purposes
The purposes of the National Conservation Area are to conserve, protect, and enhance for the benefit of present and future generations the nationally significant historic, cultural, natural, scientific, scenic, recreational, archaeological, educational, and wildlife resources of the National Conservation Area.
(d) Map and legal description
(1) In general
As soon as practicable after March 12, 2019, the Secretary shall prepare and file a map and legal description of the National Conservation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
(2) Effect
The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map or legal description.
(3) Availability
A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(e) Management
The Secretary shall manage the National Conservation Area—
(1) in a manner that conserves, protects, and enhances the resources of the National Conservation Area;
(2) in accordance with—
(A) the Federal Land Policy and Management Act of 1976 (
(B) this section; and
(C) any other applicable law; and
(3) as a component of the National Landscape Conservation System.
(4)
(A)
(B)
(i) in consultation and coordination with the State of Utah, Uintah County, and affected Indian Tribes; and
(ii) after providing for public input.
(f) Uses
The Secretary shall only allow such uses of the National Conservation Area as the Secretary determines would further the purposes for which the National Conservation is established.
(g) Acquisition
(1) In general
The Secretary may acquire land or interests in land within the boundaries of the National Conservation Area by purchase from a willing seller, donation, or exchange.
(2) Incorporation in National Conservation Area
Any land or interest in land located inside the boundary of the National Conservation Area that is acquired by the United States after March 12, 2019, shall be added to and administered as part of the National Conservation Area.
(3) State land
On request of the Utah School and Institutional Trust Lands Administration and, if practicable, not later than 5 years after March 12, 2019, the Secretary shall seek to acquire all State-owned land within the boundaries of the National Conservation Area by exchange or purchase, subject to the appropriation of necessary funds.
(h) Motorized vehicles
(1) In general
Subject to paragraph (2), 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 in the management plan.
(2) Use of motorized vehicles prior to completion of management plan
Prior to completion of the management plan, the use of motorized vehicles within the National Conservation Area shall be permitted in accordance with the applicable Bureau of Land Management resource management plan.
(i) Grazing
The grazing of livestock in the National Conservation Area, where established before March 12, 2019, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
(1) applicable law (including regulations);
(2) the purposes of the National Conservation Area; and
(3) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405).
(j) Fish and wildlife
Nothing in this section affects the jurisdiction of the State of Utah with respect to the management of fish and wildlife on Federal land in the State.
(k) Wildlife water projects
The Secretary, in consultation with the State of Utah, may authorize wildlife water projects (including guzzlers) within the National Conservation Area.
(l) Greater sage-grouse conservation projects
Nothing in this section affects the authority of the Secretary to undertake Greater sage-grouse (Centrocercus urophasianus) conservation projects to maintain and improve Greater sage-grouse habitat, including the management of vegetation through mechanical means, to further the purposes of the National Conservation Area.
(m) Water rights
Nothing in this section—
(1) constitutes an express or implied reservation by the United States of any water rights with respect to the National Conservation Area;
(2) affects any water rights in the State;
(3) affects the use or allocation, in existence on March 12, 2019, of any water, water right, or interest in water;
(4) affects any vested absolute or decreed conditional water right in existence on March 12, 2019, including any water right held by the United States;
(5) affects any interstate water compact in existence on March 12, 2019; or
(6) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before March 12, 2019.
(n) No buffer zones
(1) In general
Nothing in this section creates a protective perimeter or buffer zone around the National Conservation Area.
(2) Activities outside National Conservation Area
The fact that an authorized activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the Area.
(o) Withdrawal
(1) In general
Subject to valid existing rights, all Federal land in the National Conservation Area (including any land acquired after March 12, 2019) is withdrawn from—
(A) all forms of entry, appropriation, and disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(p) Vegetation management
Nothing in this section prevents the Secretary from conducting vegetation management projects, including fuels reduction activities, within the National Conservation Area that are consistent with this section and that further the purposes of the National Conservation Area.
(q) Wildland fire operations
Nothing in this section prohibits the Secretary, in consultation with other Federal, State, local, and Tribal agencies, as appropriate, from conducting wildland fire prevention and restoration operations in the National Conservation Area, consistent with the purposes of this section.
(r) Recreation fees
Except for improved campgrounds, the Secretary is prohibited from collecting recreation entrance or use fees within the National Conservation Area.
(s) Outfitting and guide activities
Outfitting and guide services within the National Conservation Area, including commercial outfitting and guide services, are authorized in accordance with this section and other applicable law (including regulations).
(t) Non-Federal land
(1) In general
Nothing in this section affects non-Federal land or interests in non-Federal land within the National Conservation Area.
(2) Reasonable access
The Secretary shall provide reasonable access to non-Federal land or interests in non-Federal land within the National Conservation Area.
(u) Research and interpretive management
The Secretary may establish programs and projects for the conduct of scientific, historical, cultural, archeological, and natural studies through the use of public and private partnerships that further the purposes of the National Conservation Area.
(
Editorial Notes
References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (e)(2)(A), is
Prior Provisions
A prior section 460cccc,
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
"Secretary" as meaning the Secretary of the Interior, see section 2 of