§ 1781. — California Desert Conservation Area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1781]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER VI--DESIGNATED MANAGEMENT AREAS
Sec. 1781. California Desert Conservation Area
(a) Congressional findings
The Congress finds that--
(1) the California desert contains historical, scenic,
archeological, environmental, biological, cultural, scientific,
educational, recreational, and economic resources that are uniquely
located adjacent to an area of large population;
(2) the California desert environment is a total ecosystem that
is extremely fragile, easily scarred, and slowly healed;
(3) the California desert environment and its resources,
including certain rare and endangered species of wildlife, plants,
and fishes, and numerous archeological and historic sites, are
seriously threatened by air pollution, inadequate Federal management
authority, and pressures of increased use, particularly recreational
use, which are certain to intensify because of the rapidly growing
population of southern California;
(4) the use of all California desert resources can and should be
provided for in a multiple use and sustained yield management plant
to conserve these resources for future generations, and to provide
present and future use and enjoyment, particularly outdoor
recreation uses, including the use, where appropriate, of off-road
recreational vehicles;
(5) the Secretary has initiated a comprehensive planning process
and established an interim management program for the public lands
in the California desert; and
(6) to insure further study of the relationship of man and the
California desert environment, preserve the unique and irreplaceable
resources, including archeological values, and conserve the use of
the economic resources of the California desert, the public must be
provided more opportunity to participate in such planning and
management, and additional management authority must be provided to
the Secretary to facilitate effective implementation of such
planning and management.
(b) Statement of purpose
It is the purpose of this section to provide for the immediate and
future protection and administration of the public lands in the
California desert within the framework of a program of multiple use and
sustained yield, and the maintenance of environmental quality.
(c) Description of Area
(1) For the purpose of this section, the term ``California desert''
means the area generally depicted on a map entitled ``California Desert
Conservation Area--Proposed'' dated April 1974, and described as
provided in subsection (c)(2) of this section.
(2) As soon as practicable after October 21, 1976, the Secretary
shall file a revised map and a legal description of the California
Desert Conservation Area with the Committees on Interior and Insular
Affairs of the United States Senate and the House of Representatives,
and such map and description shall have the same force and effect as if
included in this Act. Correction of clerical and typographical errors in
such legal description and a map may be made by the Secretary. To the
extent practicable, the Secretary shall make such legal description and
map available to the public promptly upon request.
(d) Preparation and implementation of comprehensive long-range plan for
management, use, etc.
The Secretary, in accordance with section 1712 of this title, shall
prepare and implement a comprehensive, long-range plan for the
management, use, development, and protection of the public lands within
the California Desert Conservation Area. Such plan shall take into
account the principles of multiple use and sustained yield in providing
for resource use and development, including, but not limited to,
maintenance of environmental quality, rights-of-way, and mineral
development. Such plan shall be completed and implementation thereof
initiated on or before September 30, 1980.
(e) Interim program for management, use, etc.
During the period beginning on October 21, 1976, and ending on the
effective date of implementation of the comprehensive, long-range plan,
the Secretary shall execute an interim program to manage, use, and
protect the public lands, and their resources now in danger of
destruction, in the California Desert Conservation Area, to provide for
the public use of such lands in an orderly and reasonable manner such as
through the development of campgrounds and visitor centers, and to
provide for a uniformed desert ranger force.
(f) Applicability of mining laws
Subject to valid existing rights, nothing in this Act shall affect
the applicability of the United States mining laws on the public lands
within the California Desert Conservation Area, except that all mining
claims located on public lands within the California Desert Conservation
Area shall be subject to such reasonable regulations as the Secretary
may prescribe to effectuate the purposes of this section. Any patent
issued on any such mining claim shall recite this limitation and
continue to be subject to such regulations. Such regulations shall
provide for such measures as may be reasonable to protect the scenic,
scientific, and environmental values of the public lands of the
California Desert Conservation Area against undue impairment, and to
assure against pollution of the streams and waters within the California
Desert Conservation Area.
(g) Advisory Committee; establishment; functions
(1) The Secretary, within sixty days after October 21, 1976, shall
establish a California Desert Conservation Area Advisory Committee
(hereinafter referred to as ``advisory committee'') in accordance with
the provisions of section 1739 of this title.
(2) It shall be the function of the advisory committee to advise the
Secretary with respect to the preparation and implementation of the
comprehensive, long-range plan required under subsection (d) of this
section.
(h) Management of lands under jurisdiction of Secretary of Agriculture
and Secretary of Defense
The Secretary of Agriculture and the Secretary of Defense shall
manage lands within their respective jurisdictions located in or
adjacent to the California Desert Conservation Area, in accordance with
the laws relating to such lands and wherever practicable, in a manner
consonant with the purpose of this section. The Secretary, the Secretary
of Agriculture, and the Secretary of Defense are authorized and directed
to consult among themselves and take cooperative actions to carry out
the provisions of this subsection, including a program of law
enforcement in accordance with applicable authorities to protect the
archeological and other values of the California Desert Conservation
Area and adjacent lands.
(i) Omitted
(j) Authorization of appropriations
There are authorized to be appropriated for fiscal years 1977
through 1981 not to exceed $40,000,000 for the purpose of this section,
such amount to remain available until expended.
(Pub. L. 94-579, title VI, Sec. 601, Oct. 21, 1976, 90 Stat. 2782.)
References in Text
This Act, referred to in subsecs. (c)(2) and (f), is Pub. L. 94-579,
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land
Policy and Management Act of 1976. For complete classification of this
Act to the Code, see Tables.
The United States mining laws, referred to in subsec. (f), are
classified generally to Title 30, Mineral Lands and Mining.
Codification
Subsec. (i) of this section, which required the Secretary to report
annually to Congress on the progress in, and any problems concerning,
the implementation of this section, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance. See, also, the
last item on page 107 of House Document No. 103-7.
Change of Name
Committee on Interior and Insular Affairs of the Senate, referred to
in subsec. (c)(2), abolished and replaced by Committee on Energy and
Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV
of Standing Rules of the Senate, as amended by Senate Resolution No. 4
(popularly cited as the ``Committee System Reorganization Amendments of
1977''), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the House
of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress. Committee on Natural Resources of House of
Representatives treated as referring to Committee on Resources of House
of Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Desert Lily Sanctuary
Pub. L. 103-433, title I, Sec. 107, Oct. 31, 1994, 108 Stat. 4483,
provided that:
``(a) Designation.--There is hereby established the Desert Lily
Sanctuary within the California Desert Conservation Area, California, of
the Bureau of Land Management, comprising approximately two thousand
forty acres, as generally depicted on a map entitled `Desert Lily
Sanctuary', dated February 1986. The Secretary [of the Interior] shall
administer the area to provide maximum protection to the desert lily.
``(b) Withdrawal.--Subject to valid existing rights, all Federal
lands within the Desert Lily Sanctuary 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.''
Dinosaur Trackway Area of Critical Environmental Concern
Pub. L. 103-433, title I, Sec. 108, Oct. 31, 1994, 108 Stat. 4483,
provided that:
``(a) Designation.--There is hereby established the Dinosaur
Trackway Area of Critical Environmental Concern within the California
Desert Conservation Area, of the Bureau of Land Management, comprising
approximately five hundred and ninety acres as generally depicted on a
map entitled `Dinosaur Trackway Area of Critical Environmental Concern',
dated July 1993. The Secretary [of the Interior] shall administer the
area to preserve the paleontological resources within the area.
``(b) Withdrawal.--Subject to valid existing rights, the Federal
lands within and adjacent to the Dinosaur Trackway Area of Critical
Environmental Concern, as generally depicted on a map entitled `Dinosaur
Trackway Mineral Withdrawal Area', dated July 1993, 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.''
Section Referred to in Other Sections
This section is referred to in sections 1732, 1733 of this title.
