dreamproit/uscode huggingface dataset:
16 U.S.C. § 460nnn–12 (CONSERVATION)
§ 460nnn–12. Purpose and objectives of Cooperative Management and Protection Area
(a) Purpose
The purpose of the Cooperative Management and Protection Area is to conserve, protect, and manage the long-term ecological integrity of Steens Mountain for future and present generations.
(b) Objectives
To further the purpose specified in subsection (a) of this section, and consistent with such purpose, the Secretary shall manage the Cooperative Management and Protection Area for the benefit of present and future generations—
(1) to maintain and enhance cooperative and innovative management projects, programs and agreements between tribal, public, and private interests in the Cooperative Management and Protection Area;
(2) to promote grazing, recreation, historic, and other uses that are sustainable;
(3) to conserve, protect and to ensure traditional access to cultural, gathering, religious, and archaeological sites by the Burns Paiute Tribe on Federal lands and to promote cooperation with private landowners;
(4) to ensure the conservation, protection, and improved management of the ecological, social, and economic environment of the Cooperative Management and Protection Area, including geological, biological, wildlife, riparian, and scenic resources; and
(5) to promote and foster cooperation, communication, and understanding and to reduce conflict between Steens Mountain users and interests.
(Pub. L. 106–399, title I, § 102, Oct. 30, 2000, 114 Stat. 1658.)
16 U.S.C. § 460nnn–21 (CONSERVATION)
§ 460nnn–21. Management authorities and purposes
(a) In general
The Secretary shall manage all Federal lands included in the Cooperative Management and Protection Area pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable provisions of law, including this subchapter, in a manner that—
(1) ensures the conservation, protection, and improved management of the ecological, social and economic environment of the Cooperative Management and Protection Area, including geological, biological, wildlife, riparian, and scenic resources, North American Indian tribal and cultural and archaeological resource sites, and additional cultural and historic sites; and
(2) recognizes and allows current and historic recreational use.
(b) Management plan
Within 4 years after October 30, 2000, the Secretary shall develop a comprehensive plan for the long-range protection and management of the Federal lands included in the Cooperative Management and Protection Area, including the Wilderness Area. The plan shall—
(1) describe the appropriate uses and management of the Cooperative Management and Protection Area consistent with this subchapter;
(2) incorporate, as appropriate, decisions contained in any current or future management or activity plan for the Cooperative Management and Protection Area and use information developed in previous studies of the lands within or adjacent to the Cooperative Management and Protection Area;
(3) provide for coordination with State, county, and private local landowners and the Burns Paiute Tribe; and
(4) determine measurable and achievable management objectives, consistent with the management objectives in section 460nnn–12 of this title, to ensure the ecological integrity of the area.
(c) Monitoring
The Secretary shall implement a monitoring program for Federal lands in the Cooperative Management and Protection Area so that progress towards ecological integrity objectives can be determined.
(Pub. L. 106–399, title I, § 111, Oct. 30, 2000, 114 Stat. 1659.)
heading: References in Text
text: The Federal Land Policy and Management Act of 1976, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.
This subchapter, referred to in subsecs. (a) and (b)(1), was in the original “this Act”, meaning Pub. L. 106–399, Oct. 30, 2000, 114 Stat. 1655, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460nnn of this title and Tables.
16 U.S.C. § 460nnn–22 (CONSERVATION)
§ 460nnn–22. Roads and travel access
(a) Transportation plan
The management plan shall include, as an integral part, a comprehensive transportation plan for the Federal lands included in the Cooperative Management and Protection Area, which shall address the maintenance, improvement, and closure of roads and trails as well as travel access.
(b) Prohibition on off-road motorized travel
(1) Prohibition
The use of motorized or mechanized vehicles on Federal lands included in the Cooperative Management and Protection Area—
(A) is prohibited off road; and
(B) is limited to such roads and trails as may be designated for their use as part of the management plan.
(2) Exceptions
Paragraph (1) does not prohibit the use of motorized or mechanized vehicles on Federal lands included in the Cooperative Management and Protection Area if the Secretary determines that such use—
(A) is needed for administrative purposes or to respond to an emergency; or
(B) is appropriate for the construction or maintenance of agricultural facilities, fish and wildlife management, or ecological restoration projects, except in areas designated as wilderness or managed under the provisions of section 1782(c) of title 43.
(c) Road closures
Any determination to permanently close an existing road in the Cooperative Management and Protection Area or to restrict the access of motorized or mechanized vehicles on certain roads shall be made in consultation with the advisory council and the public.
(d) Prohibition on new construction
(1) Prohibition, exception
No new road or trail for motorized or mechanized vehicles may be constructed on Federal lands in the Cooperative Management and Protection Area unless the Secretary determines that the road or trail is necessary for public safety or protection of the environment. Any determination under this subsection shall be made in consultation with the advisory council and the public.
(2) Trails
Nothing in this subsection is intended to limit the authority of the Secretary to construct or maintain trails for nonmotorized or nonmechanized use.
(e) Access to nonfederally owned lands
(1) Reasonable access
The Secretary shall provide reasonable access to nonfederally owned lands or interests in land within the boundaries of the Cooperative Management and Protection Area and the Wilderness Area to provide the owner of the land or interest the reasonable use thereof.
(2) Effect on existing rights-of-way
Nothing in this subchapter shall have the effect of terminating any valid existing right-of-way on Federal lands included in the Cooperative Management and Protection Area.
(Pub. L. 106–399, title I, § 112, Oct. 30, 2000, 114 Stat. 1660.)
16 U.S.C. § 460nnn–24 (CONSERVATION)
§ 460nnn–24. Land acquisition authority
(a) Acquisition
(1) Acquisition authorized
In addition to the land acquisitions authorized by part F of this subchapter, the Secretary may acquire other non-Federal lands and interests in lands located within the boundaries of the Cooperative Management and Protection Area or the Wilderness Area.
(2) Acquisition methods
Lands may be acquired under this subsection only by voluntary exchange, donation, or purchase from willing sellers.
(b) Treatment of acquired lands
(1) In general
Subject to paragraphs (2) and (3), lands or interests in lands acquired under subsection (a) of this section or part F of this subchapter that are located within the boundaries of the Cooperative Management and Protection Area shall—
(A) become part of the Cooperative Management and Protection Area; and
(B) be managed pursuant to the laws applicable to the Cooperative Management and Protection Area.
(2) Lands within Wilderness Area
If lands or interests in lands acquired under subsection (a) of this section or part F of this subchapter are within the boundaries of the Wilderness Area, the acquired lands or interests in lands shall—
(A) become part of the Wilderness Area; and
(B) be managed pursuant to part B of this subchapter and the other laws applicable to the Wilderness Area.
(3) Lands within wilderness study area
If the lands or interests in lands acquired under subsection (a) of this section or part F of this subchapter are within the boundaries of a wilderness study area, the acquired lands or interests in lands shall—
(A) become part of that wilderness study area; and
(B) be managed pursuant to the laws applicable to that wilderness study area.
(c) Appraisal
In appraising non-Federal land, development rights, or conservation easements for possible acquisition under this section or section 460nnn–42 of this title, the Secretary shall disregard any adverse impacts on values resulting from the designation of the Cooperative Management and Protection Area or the Wilderness Area.
(Pub. L. 106–399, title I, § 114, Oct. 30, 2000, 114 Stat. 1662.)
16 U.S.C. § 460nnn–25 (CONSERVATION)
§ 460nnn–25. Special use permits
The Secretary may renew a special recreational use permit applicable to lands included in the Wilderness Area to the extent that the Secretary determines that the permit is consistent with the Wilderness Act (16 U.S.C. 1131 et seq.). If renewal is not consistent with the Wilderness Act, the Secretary shall seek other opportunities for the permit holder through modification of the permit to realize historic permit use to the extent that the use is consistent with the Wilderness Act and this subchapter, as determined by the Secretary.
(Pub. L. 106–399, title I, § 115, Oct. 30, 2000, 114 Stat. 1663.)
heading: References in Text
text: The Wilderness Act, referred to in text, is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.
16 U.S.C. § 460nnn–42 (CONSERVATION)
§ 460nnn–42. Cooperative efforts to control development and encourage conservation
(a) Policy
Development on public and private lands within the boundaries of the Cooperative Management and Protection Area which is different from the current character and uses of the lands is inconsistent with the purposes of this subchapter.
(b) Use of nondevelopment and conservation easements
The Secretary may enter into a nondevelopment easement or conservation easement with willing landowners to further the purposes of this subchapter.
(c) Conservation incentive payments
The Secretary may provide technical assistance, cost-share payments, incentive payments, and education to a private landowner in the Cooperative Management and Protection Area who enters into a contract with the Secretary to protect or enhance ecological resources on the private land covered by the contract if those protections or enhancements benefit public lands.
(d) Relation to property rights and State and local law
Nothing in this subchapter is intended to affect rights or interests in real property or supersede State law.
(Pub. L. 106–399, title I, § 122, Oct. 30, 2000, 114 Stat. 1664.)
16 U.S.C. § 460nnn–61 (CONSERVATION)
§ 460nnn–61. Designation of Steens Mountain Wilderness Area
The Federal lands in the Cooperative Management and Protection Area depicted as wilderness on the map entitled “Steens Mountain Wilderness Area” and dated September 18, 2000, are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System. The wilderness area shall be known as the Steens Mountain Wilderness Area.
(Pub. L. 106–399, title II, § 201, Oct. 30, 2000, 114 Stat. 1666.)
heading: Codification
text: Section is comprised of section 201 of Pub. L. 106–399. Section 201 also enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title.
16 U.S.C. § 460nnn–62 (CONSERVATION)
§ 460nnn–62. Administration of Wilderness Area
(a) General rule
The Secretary shall administer the Wilderness Area in accordance with this part and the Wilderness Act (16 U.S.C. 1131 et seq.). Any reference in the Wilderness Act to the effective date of that Act (or any similar reference) shall be deemed to be a reference to October 30, 2000.
(b) Wilderness boundaries along roads
Where a wilderness boundary exists along a road, the wilderness boundary shall be set back from the centerline of the road, consistent with the Bureau of Land Management’s guidelines as established in its Wilderness Management Policy.
(c) Access to non-Federal lands
The Secretary shall provide reasonable access to private lands within the boundaries of the Wilderness Area, as provided in section 460nnn–22(d) 1 of this title.
(d) Grazing
(1) Administration
Except as provided in section 460nnn–23(e)(2) of this title, grazing of livestock shall be administered in accordance with the provision of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), in accordance with the provisions of this subchapter, and in accordance with the guidelines set forth in Appendices A and B of House Report 101–405 of the 101st Congress.
(2) Retirement of certain permits
The Secretary shall permanently retire all grazing permits applicable to certain lands in the Wilderness Area, as depicted on the map referred to in section 460nnn–11(a) of this title, and livestock shall be excluded from these lands.
(Pub. L. 106–399, title II, § 202, Oct. 30, 2000, 114 Stat. 1666.)
heading: References in Text
text: The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.
The effective date of the Wilderness Act, referred to in subsec. (a), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this title.
This subchapter, referred to in subsec. (d)(1), was in the original “this Act”, meaning Pub. L. 106–399, Oct. 30, 2000, 114 Stat. 1655, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460nnn of this title and Tables.
16 U.S.C. § 460nnn–63 (CONSERVATION)
§ 460nnn–63. Water rights
Nothing in this subchapter shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.
(Pub. L. 106–399, title II, § 203, Oct. 30, 2000, 114 Stat. 1667.)
16 U.S.C. § 460nnn–64 (CONSERVATION)
§ 460nnn–64. Treatment of wilderness study areas
(a) Status unaffected
Except as provided in section 460nnn–92 of this title, any wilderness study area, or portion of a wilderness study area, within the boundaries of the Cooperative Management and Protection Area, but not included in the Wilderness Area, shall remain a wilderness study area notwithstanding the enactment of this subchapter.
(b) Management
The wilderness study areas referred to in subsection (a) of this section shall continue to be managed under section 1782(c) of title 43 in a manner so as not to impair the suitability of the areas for preservation as wilderness.
(c) Expansion of Basque Hills Wilderness Study Area
The boundaries of the Basque Hills Wilderness Study Area are hereby expanded to include the Federal lands within sections 8, 16, 17, 21, 22, and 27 of township 36 south, range 31 east, Willamette Meridian. These lands shall be managed under section 1782(c) of title 43 to protect and enhance the wilderness values of these lands.
(Pub. L. 106–399, title II, § 204, Oct. 30, 2000, 114 Stat. 1667.)
16 U.S.C. § 460nnn–71 (CONSERVATION)
§ 460nnn–71. Designation of streams for wild and scenic river status in Steens Mountain Area
(a) , (b) Omitted
(c) Management
Where management requirements for a stream segment described in the amendments made by this section differ between the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) and the Wilderness Area, the more restrictive requirements shall apply.
(Pub. L. 106–399, title III, § 301, Oct. 30, 2000, 114 Stat. 1667.)
heading: References in Text
text: For the amendments made by this section, referred to in subsec. (c), see Codification note below.
The Wild and Scenic Rivers Act, referred to in subsec. (c), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, as amended, which is classified generally to chapter 28 (§ 1271 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1271 of this title and Tables.
heading: Codification
text: Section is comprised of section 301 of Pub. L. 106–399. Subsecs. (a) and (b) of section 301 of Pub. L. 106–399 amended section 1274 of this title.
16 U.S.C. § 460nnn–81 (CONSERVATION)
§ 460nnn–81. Designation of mineral withdrawal area
(a) Designation
Subject to valid existing rights, the Federal lands and interests in lands included within the withdrawal boundary as depicted on the map referred to in section 460nnn–11(a) of this title are hereby withdrawn from—
(1) location, entry and patent under the mining laws; and
(2) operation of the mineral leasing and geothermal leasing laws and from the minerals materials laws and all amendments thereto except as specified in subsection (b) of this section.
(b) Road maintenance
If consistent with the purposes of this subchapter and the management plan for the Cooperative Management and Protection Area, the Secretary may permit the development of saleable mineral resources, for road maintenance use only, in those locations identified on the map referred to in section 460nnn–11(a) of this title as an existing “gravel pit” within the mineral withdrawal boundaries (excluding the Wilderness Area, wilderness study areas, and designated segments of the National Wild and Scenic Rivers System) where such development was authorized before October 30, 2000.
(Pub. L. 106–399, title IV, § 401, Oct. 30, 2000, 114 Stat. 1669.)
heading: References in Text
text: This subchapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 106–399, Oct. 30, 2000, 114 Stat. 1655, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 460nnn of this title and Tables.
16 U.S.C. § 460nnn–101 (CONSERVATION)
§ 460nnn–101. Land exchange, Roaring Springs Ranch
(a) Exchange authorized
For the purpose of protecting and consolidating Federal lands within the Cooperative Management and Protection Area, the Secretary may carry out a land exchange with Roaring Springs Ranch, Incorporated, to convey all right, title, and interest of the United States in and to certain parcels of land under the jurisdiction of the Bureau of Land Management in the vicinity of Steens Mountain, Oregon, as depicted on the map referred to in section 460nnn–105(a) of this title, consisting of a total of approximately 76,374 acres in exchange for the private lands described in subsection (b) of this section.
(b) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred to in subsection (a) of this section and the disbursement referred to in subsection (d) of this section, Roaring Springs Ranch, Incorporated, shall convey to the Secretary parcels of land consisting of approximately 10,909 acres, as depicted on the map referred to in section 460nnn–105(a) of this title, for inclusion in the Wilderness Area, a wilderness study area, and the no livestock grazing area as appropriate.
(c) Treatment of grazing
Paragraphs (2) and (3) of section 460nnn–23(e) of this title, relating to the effect of the cancellation in part of grazing permits for the South Steens allotment in the Wilderness Area and reassignment of use areas as described in paragraph (3)(C) of such section, shall apply to the land exchange authorized by this section.
(d) Disbursement
Upon completion of the land exchange authorized by this section, the Secretary is authorized to make a disbursement to Roaring Springs Ranch, Incorporated, in the amount of $2,889,000.
(e) Completion of conveyance
The Secretary shall complete the conveyance of the Federal lands under subsection (a) of this section within 70 days after the Secretary accepts the lands described in subsection (b) of this section.
(Pub. L. 106–399, title VI, § 601, Oct. 30, 2000, 114 Stat. 1670.)
16 U.S.C. § 460nnn–102 (CONSERVATION)
§ 460nnn–102. Land exchanges, C. M. Otley and Otley Brothers
(a) C. M. Otley exchange
(1) Exchange authorized
For the purpose of protecting and consolidating Federal lands within the Cooperative Management and Protection Area, the Secretary may carry out a land exchange with C. M. Otley to convey all right, title, and interest of the United States in and to certain parcels of land under the jurisdiction of the Bureau of Land Management in the vicinity of Steens Mountain, Oregon, as depicted on the map referred to in section 460nnn–105(a) of this title, consisting of a total of approximately 3,845 acres in exchange for the private lands described in paragraph (2).
(2) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred to in paragraph (1) and the disbursement referred to in paragraph (3), C. M. Otley shall convey to the Secretary a parcel of land in the headwaters of Kiger gorge consisting of approximately 851 acres, as depicted on the map referred to in section 460nnn–105(a) of this title, for inclusion in the Wilderness Area and the no livestock grazing area as appropriate.
(3) Disbursement
Upon completion of the land exchange authorized by this subsection, the Secretary is authorized to make a disbursement to C.M. Otley, in the amount of $920,000.
(b) Otley Brothers exchange
(1) Exchange authorized
For the purpose of protecting and consolidating Federal lands within the Cooperative Management and Protection Area, the Secretary may carry out a land exchange with the Otley Brother’s, Inc., to convey all right, title, and interest of the United States in and to certain parcels of land under the jurisdiction of the Bureau of Land Management in the vicinity of Steens Mountain, Oregon, as depicted on the map referred to in section 460nnn–105(a) of this title, consisting of a total of approximately 6,881 acres in exchange for the private lands described in paragraph (2).
(2) Receipt of non-Federal lands
As consideration for the conveyance of the Federal lands referred to in paragraph (1) and the disbursement referred to in subsection (3), the Otley Brother’s, Inc., shall convey to the Secretary a parcel of land in the headwaters of Kiger gorge consisting of approximately 505 acres, as depicted on the map referred to in section 460nnn–105(a) of this title, for inclusion in the Wilderness Area and the no livestock grazing area as appropriate.
(3) Disbursement
Upon completion of the land exchange authorized by this subsection, the Secretary is authorized to make a disbursement to Otley Brother’s, Inc., in the amount of $400,000.
(c) Completion of conveyance
The Secretary shall complete the conveyances of the Federal lands under subsections (a) and (b) of this section within 70 days after the Secretary accepts the lands described in such subsections.
(Pub. L. 106–399, title VI, § 602, Oct. 30, 2000, 114 Stat. 1671.)