---
kind: "section"
citation: "16 U.S.C. § 460iiii"
title: "16"
title_heading: "Conservation"
number: "460iiii"
heading: "Pistone-Black Mountain National Conservation Area"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460iiii"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter CXLVI — Pistone-Black Mountain National Conservation Area"
---

# §460iiii. Pistone-Black Mountain National Conservation Area

- (1) **Definitions—** In this section:
  - (A) **Conservation Area—** The term “Conservation [Area](/usc/16/539m–1.md?p=1-A)” means the Pistone-Black Mountain National Conservation [Area](/usc/16/539m–1.md?p=1-A) established by [paragraph (2)(A)](#2-A).
  - (B) **Secretary—** The term “[Secretary](/usc/16/410r–5.md?p=c-1)” means the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior.
  - (C) **Tribe—** The term “Tribe” means the Walker River Paiute Tribe.
- (2) **Establishment—**
  - (A) **In general—** To protect, conserve, and enhance the unique and nationally important historic, cultural, archaeological, natural, and educational resources of the Pistone Site on Black Mountain, subject to valid existing rights, there is established in Mineral County, Nevada, the Pistone-Black Mountain National Conservation [Area](/usc/16/539m–1.md?p=1-A).
  - (B) **Area included—**
    - (i) **In general—** The Conservation [Area](/usc/16/539m–1.md?p=1-A) shall consist of the approximately 3,415 acres of public land in Mineral County, Nevada, administered by the Bureau of Land Management, as depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Black Mountain/Pistone Archaeological District” and dated May 12, 2020.
    - (ii) **Availability of map—** The [map](/usc/16/430f–7.md?p=1) described in [clause (i)](#2-B-i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
- (3) **Management—**
  - (A) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall manage the Conservation [Area](/usc/16/539m–1.md?p=1-A)—
    - (i) in a manner that conserves, protects, and enhances the resources and values of the Conservation [Area](/usc/16/539m–1.md?p=1-A), including the resources and values described in [paragraph (2)(A)](#2-A);
    - (ii) in accordance with—
      - (I) this section;
      - (II) the [Federal Land](/usc/16/3102.md?p=2) Policy and Management Act of 1976 ([43 U.S.C. 1701](/usc/43/1701.md) et seq.); and
      - (III) any other applicable law; and
    - (iii) as a component of the National Landscape Conservation System.
  - (B) **Uses—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall allow only those uses of the Conservation [Area](/usc/16/539m–1.md?p=1-A) that the [Secretary](/usc/16/410r–5.md?p=c-1) determines would further the purposes of the Conservation [Area](/usc/16/539m–1.md?p=1-A).
  - (C) **Tribal cultural resources—** In administering the Conservation [Area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) shall provide for—
    - (i) access to and use of cultural resources by the Tribe at the Conservation [Area](/usc/16/539m–1.md?p=1-A); and
    - (ii) the protection from disturbance of the cultural resources and burial sites of the Tribe located in the Conservation [Area](/usc/16/539m–1.md?p=1-A).
  - (D) **Cooperative agreements—** The [Secretary](/usc/16/410r–5.md?p=c-1) may, in a manner consistent with this section, enter into cooperative agreements with the [State](/usc/16/590q.md?p=a) of Nevada, affected [Indian tribes](/usc/16/544.md?p=g), and institutions and organizations to carry out the purposes of this section, subject to the requirement that the Tribe shall be a party to any cooperative agreement entered into under this subparagraph.
- (4) **Management plan—**
  - (A) **In general—** Not later than 2 years after December 23, 2022, the [Secretary](/usc/16/410r–5.md?p=c-1) shall develop a [management plan](/usc/16/544.md?p=k) for the Conservation [Area](/usc/16/539m–1.md?p=1-A).
  - (B) **Consultation—** In developing the [management plan](/usc/16/544.md?p=k) required under [subparagraph (A)](#4-A), the [Secretary](/usc/16/410r–5.md?p=c-1) shall consult with—
    - (i) appropriate [State](/usc/16/590q.md?p=a), Tribal, and local governmental entities; and
    - (ii) members of the public.
  - (C) **Requirements—** The [management plan](/usc/16/544.md?p=k) developed under [subparagraph (A)](#4-A) shall—
    - (i) describe the appropriate uses and management of the Conservation [Area](/usc/16/539m–1.md?p=1-A);
    - (ii) incorporate, as appropriate, decisions contained in any other management or activity plan for the land in or adjacent to the Conservation [Area](/usc/16/539m–1.md?p=1-A);
    - (iii) [take](/usc/16/3102.md?p=18) into consideration any information developed in studies of the land and resources in or adjacent to the Conservation [Area](/usc/16/539m–1.md?p=1-A); and
    - (iv) provide for a cooperative agreement with the Tribe to address the historical, archaeological, and cultural values of the Conservation [Area](/usc/16/539m–1.md?p=1-A).
- (5) **Withdrawal—**
  - (A) **In general—** Subject to valid existing rights, all public land in the Conservation [Area](/usc/16/539m–1.md?p=1-A) is withdrawn from—
    - (i) all forms of entry, appropriation, and disposal under the public land laws;
    - (ii) location, entry, and patent under the mining laws; and
    - (iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
  - (B) **Additional land—** If the [Secretary](/usc/16/410r–5.md?p=c-1) [acquires](/usc/16/620e.md?p=1) mineral or other interests in a parcel of land within the Conservation [Area](/usc/16/539m–1.md?p=1-A) after December 23, 2022, the parcel is withdrawn from operation of the laws referred to in [subparagraph (A)](#5-A) on the date of [acquisition](/usc/16/620e.md?p=1) of the parcel.
- (6) **Hunting, fishing, and trapping—**
  - (A) **In general—** Subject to [subparagraph (B)](#6-B), nothing in this section affects the jurisdiction of the [State](/usc/16/590q.md?p=a) of Nevada with respect to [fish and wildlife](/usc/16/3102.md?p=17), including hunting, fishing, and trapping in the Conservation [Area](/usc/16/539m–1.md?p=1-A).
  - (B) **Limitations—**
    - (i) **Regulations—** The [Secretary](/usc/16/410r–5.md?p=c-1) may designate by regulation [areas](/usc/16/539m–1.md?p=1-A) in which, and establish periods during which, no hunting, fishing, or trapping will be permitted in the Conservation [Area](/usc/16/539m–1.md?p=1-A), for reasons of public safety, administration, or compliance with applicable laws.
    - (ii) **Consultation required—** Except in an emergency, the [Secretary](/usc/16/410r–5.md?p=c-1) shall consult with the appropriate [State](/usc/16/590q.md?p=a) agency and notify the public before [taking](/usc/16/3102.md?p=18) any action under [clause (i)](#6-B-i).
- (7) **Grazing—** In the case of land included in the Conservation [Area](/usc/16/539m–1.md?p=1-A) on which the [Secretary](/usc/16/410r–5.md?p=c-1) permitted, as of December 23, 2022, livestock grazing, the livestock grazing shall be allowed to continue, subject to applicable laws (including regulations).
- (8) **No buffer zones—**
  - (A) **In general—** Nothing in this section creates a protective perimeter or buffer zone around the Conservation [Area](/usc/16/539m–1.md?p=1-A).
  - (B) **Activities outside Conservation Area—** The fact that an activity or use on land outside the Conservation [Area](/usc/16/539m–1.md?p=1-A) can be seen or heard within the Conservation [Area](/usc/16/539m–1.md?p=1-A) shall not preclude the activity or use outside the boundary of the Conservation [Area](/usc/16/539m–1.md?p=1-A).
- (9) **Military overflights—** Nothing in this section restricts or precludes—
  - (A) low-level overflights of military aircraft over the Conservation [Area](/usc/16/539m–1.md?p=1-A), including military overflights that can be seen or heard within the Conservation [Area](/usc/16/539m–1.md?p=1-A);
  - (B) flight testing and evaluation; or
  - (C) the designation or creation of new [units](/usc/16/430f–7.md?p=4) of special use airspace, or the establishment of military flight training routes, over the Conservation [Area](/usc/16/539m–1.md?p=1-A).
- (10) **Effect on water rights—** Nothing in this section constitutes an express or implied reservation of any water rights with respect to the Conservation [Area](/usc/16/539m–1.md?p=1-A).

## Source credit

(Pub. L. 117–263, div. B, title XXIX, § 2903(b), Dec. 23, 2022, 136 Stat. 3037.)

## Notes

### Editorial Notes

### References in Text

The Federal Land Policy and Management Act of 1976, referred to in par. (3)(A)(ii)(II), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, 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.