
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460ddd]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
      SUBCHAPTER CXV--GILA BOX RIPARIAN NATIONAL CONSERVATION AREA
 
Sec. 460ddd. Establishment


(a) In general

    In order to conserve, protect, and enhance the riparian and 
associated areas described in subsection (b) of this section and the 
aquatic, wildlife, archeological, paleontological, scientific, cultural, 
recreational, educational, scenic, and other resources and values of 
such areas, there is hereby established the Gila Box Riparian National 
Conservation Area (hereafter in this subchapter referred to as the 
``conservation area'').

(b) Areas included

    The conservation area shall consist of the public lands generally 
depicted on a map entitled ``Gila Box Riparian National Conservation 
Area'' dated February 1990, and comprising approximately 20,900 acres.

(c) Map

    As soon as practicable after November 28, 1990, a map and legal 
description of the conservation area shall be filed by the Secretary 
with the Committee on Natural Resources of the United States House of 
Representatives and the Committee on Energy and Natural Resources of the 
United States Senate. Such map shall have the same force and effect as 
if included in this section. Copies of such map shall be on file and 
available for public inspection in the Office of the Director of the 
Bureau of Land Management, Department of the Interior, and in the 
appropriate office of the Bureau of Land Management in Arizona.

(d) Management of conservation area

    (1) The Secretary shall manage the conservation area in a manner 
that conserves, protects and enhances its resources and values, 
including the resources and values specified in subsection (a) of this 
section, pursuant to the Federal Land Policy and Management Act of 1976 
[43 U.S.C. 1701 et seq.] and other applicable law, including this 
subchapter.
    (2) The Secretary shall allow only such uses of the conservation 
area as the Secretary finds will further the purposes for which the 
conservation area is established. Except where needed for administrative 
purposes or to respond to an emergency, use of motorized vehicles in the 
conservation area shall be permitted only on roads specifically 
designated for such use as part of the management plan prepared pursuant 
to subsection (g) of this section.

(e) Withdrawal

    Subject to valid existing rights, all Federal lands within the 
conservation area 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 all amendments thereto.

(f) Water

    (1) Congress hereby reserves a quantity of water sufficient to 
fulfill the purposes, as specified in subsection (a) of this section, 
for which the conservation area is established. The priority date of 
this reserved right shall be November 28, 1990.
    (2) The Secretary and all other officers of the United States shall 
take all steps necessary to protect the right reserved by paragraph (1), 
including the filing by the Secretary of a claim for the quantification 
of such right in any present or future appropriate stream adjudication 
in the courts of the State of Arizona in which the United States is or 
may be joined and which is conducted in accordance with section 666 of 
title 43.
    (3) Nothing in this subchapter shall be construed as a 
relinquishment or reduction of any water rights reserved or appropriated 
by the United States in the State of Arizona on or before November 28, 
1990.
    (4) The Federal rights reserved by this subchapter are specific to 
the conservation area located in the State of Arizona designated by this 
subchapter. Nothing in this subchapter related to reserved Federal water 
rights shall be construed as establishing a precedent with regard to any 
future designations, nor shall it constitute an interpretation of any 
other Act or any designation made pursuant thereto.
    (5) Nothing in this subchapter shall be construed to impair or 
conflict with the implementation of the authorization contained in 
section 1524(f) of title 43.

(g) Management plan

    (1) No later than two years after November 28, 1990, the Secretary 
shall develop a comprehensive plan for the long-term management of the 
conservation area (hereinafter in this subchapter referred to as the 
``management plan'') in order to fulfill the purposes for which the 
conservation area is established. The management plan shall be developed 
with full public participation and shall include provisions designed to 
assure protection of the resources and values (including the resources 
and values specified in subsection (a) of this section) of the 
conservation area.
    (2) The management plan shall include a discussion of the 
desirability of the inclusion in the conservation area of additional 
lands, including the lands not in Federal ownership that are contiguous 
to the boundary of the conservation area (as depicted on the map 
referenced in subsection (b) of this section or as hereafter adjusted 
pursuant to subsection (h) of this section) and within the area 
extending two miles on either side of the centerline of Eagle Creek from 
the point where Eagle Creek crosses the southern boundary of the Apache 
National Forest to the confluence of Eagle Creek with the Gila River 
(this area is hereafter referred to in this subchapter as the ``Eagle 
Creek riparian area'').
    (3) In order to better implement the management plan, the Secretary 
may enter into cooperative agreements with appropriate State and local 
agencies pursuant to section 307(b) of the Federal Land Policy and 
Management Act of 1976 [43 U.S.C. 1737(b)].
    (4) In order to assist in the development and implementation of the 
management plan, the Secretary may authorize appropriate research, 
including research concerning the environmental, biological, 
hydrological, cultural, and other characteristics, resources, and values 
of the conservation area, pursuant to section 307(a) of the Federal Land 
Policy and Management Act of 1976 [43 U.S.C. 1737(a)].

(h) Acquisition and boundary adjustments

    (1) Subject to the limitations set forth in paragraph (3), the 
Secretary is authorized to acquire non-Federal lands or interests 
therein within the boundaries of the conservation area or within the 
Eagle Creek riparian area.
    (2) The Secretary is authorized to adjust the boundaries of the 
conservation area so as to incorporate within the conservation area any 
lands or interests within the Eagle Creek riparian area that may be 
acquired after November 28, 1990, as well as public lands within that 
portion of the Eagle Creek riparian area west of the centerline of Eagle 
Creek that the Secretary finds appropriate in order to properly manage 
such acquired lands as part of the conservation area. Any lands or 
interests so incorporated shall be managed as part of the conservation 
area.
    (3) No lands or interests therein owned by the State of Arizona or 
any political subdivision of such State shall be acquired pursuant to 
this subsection except through donation or exchange, and no lands or 
interests within the conservation area or the Eagle Creek riparian area 
shall be acquired from any other party or entity except by donation, 
exchange, or purchase with the consent of the owner of such lands or 
interests.

(i) No buffer zones

    The Congress does not intend for the establishment of the 
conservation area to lead to the creation of protective perimeters or 
buffer zones around the conservation area. The fact that there may be 
activities or uses on lands outside the conservation area that would not 
be permitted in the conservation area shall not preclude such activities 
or uses on such lands up to the boundary of the conservation area to the 
extent consistent with other applicable law.

(j) Advisory committee

    The Secretary shall establish an advisory committee to advise the 
Secretary with respect to the preparation and implementation of the 
management plan. Such advisory committee shall consist of seven members 
appointed by the Secretary. One member shall be appointed from among 
recommendations submitted by the Governor of Arizona, one member shall 
be appointed from among recommendations submitted by the Graham County 
Board of Supervisors and one member shall be appointed from among 
recommendations submitted by the Greenlee County Board of Supervisors. 
The remaining members shall be persons recognized as experts in wildlife 
conservation, riparian ecology, archeology, paleontology, or other 
disciplines directly related to the purposes for which the conservation 
area is established.

(k) Report

    No later than five years after November 28, 1990, and at least each 
ten years thereafter, the Secretary shall report to the Committee on 
Natural Resources of the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United States Senate on 
the implementation of this subchapter, the condition of the resources 
and values of the conservation area, and the progress of the Secretary 
in achieving the purposes for which the conservation area is 
established.

(l) Enforcement

    Any person who violates any regulation promulgated by the Secretary 
to implement the provisions of this subchapter shall be subject to a 
fine in accordance with applicable provisions of the Sentencing Reform 
Act of 1984, or imprisonment of not more than 1 year, or both such fine 
and imprisonment.

(m) Authorization

    There are hereby authorized to be appropriated such sums as may be 
necessary to implement the provisions of this subchapter.

(Pub. L. 101-628, title II, Sec. 201, Nov. 28, 1990, 104 Stat. 4475; 
Pub. L. 103-437, Sec. 6(d)(24), Nov. 2, 1994, 108 Stat. 4584.)

                       References in Text

    The Federal Land Policy and Management Act of 1976, referred to in 
subsec. (d)(1), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as 
amended, which is classified principally to chapter 35 (Sec. 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.
    The public land laws, referred to in subsec. (e), are classified 
generally to Title 43.
    The United States mining laws and the mineral leasing laws, referred 
to in subsec. (e), are classified generally to Title 30, Mineral Lands 
and Mining.
    Geothermal leasing laws, referred to in subsec. (e), are classified 
principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
    The Sentencing Reform Act of 1984, referred to in subsec. (l), is 
chapter II (Secs. 211-239) of Pub. L. 98-473, title II, Oct. 12, 1984, 
98 Stat. 1987, as amended. For complete classification of chapter II to 
the Code, see Short Title note set out under section 3551 of Title 18, 
Crimes and Criminal Procedure, and Tables.


                               Amendments

    1994--Subsecs. (c), (k). Pub. L. 103-437 substituted ``Natural 
Resources'' for ``Interior and Insular Affairs'' after ``Committee on''.

                         Change of Name

    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.


                               Short Title

    Section 1 of Pub. L. 101-628 provided that: ``Titles I through III 
of this Act [enacting this subchapter and provisions listed in a table 
of Wilderness Areas set out under section 1132 of this title] may be 
cited as the `Arizona Desert Wilderness Act of 1990'.''


                   Termination of Advisory Committees

    Advisory committees established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a committee established by 
the President or an officer of the Federal Government, such committee is 
renewed by appropriate action prior to the expiration of such 2-year 
period, or in the case of a committee established by the Congress, its 
duration is otherwise provided by law. See section 14 of Pub. L. 92-463, 
Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.
