---
kind: "section"
citation: "16 U.S.C. § 460mmm–4"
title: "16"
title_heading: "Conservation"
number: "460mmm–4"
heading: "Management"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460mmm-4"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter CXXIV — McINNIS CANYONS NATIONAL CONSERVATION AREA"
---

# §460mmm–4. Management

- (a) **Conservation Area—** The [Secretary](/usc/16/460iii–1.md?p=1) shall manage the [Conservation Area](/usc/16/460iii–1.md?p=2) in a manner that—
  - (1) conserves, protects, and enhances the resources of the [Conservation Area](/usc/16/460iii–1.md?p=2) specified in [section 460mmm(b)](/usc/16/460mmm.md?p=b)[^1] of this title; and
  - (2) is in accordance with—
    - (A) 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
    - (B) other applicable law, including this subchapter.
- (b) **Uses—** The [Secretary](/usc/16/460iii–1.md?p=1) shall allow only such uses of the [Conservation Area](/usc/16/460iii–1.md?p=2) as the [Secretary](/usc/16/460iii–1.md?p=1) determines will further the purposes for which the [Conservation Area](/usc/16/460iii–1.md?p=2) is established.
- (c) **Withdrawals—** Subject to valid existing rights, all [Federal land](/usc/16/3102.md?p=2) within the [Conservation Area](/usc/16/460iii–1.md?p=2) and the [Wilderness](/usc/16/460mmm–1.md?p=6) and all land and interests in land acquired for the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6) by the United States are withdrawn from—
  - (1) all forms of entry, appropriation, or disposal under the public land laws;
  - (2) location, entry, and patent under the mining laws; and
  - (3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto.

  Nothing in this subsection shall be construed to affect discretionary authority of the [Secretary](/usc/16/460iii–1.md?p=1) under other Federal laws to grant, issue, or renew rights-of-way or other land use authorizations consistent with the other provisions of this subchapter.

- (d) **Off-highway vehicle use—**
  - (1) **In general—** Except as provided in [paragraph (2)](#d-2), use of motorized vehicles in the [Conservation Area](/usc/16/460iii–1.md?p=2)—
    - (A) before the effective date of a [management plan](/usc/16/460mmm–1.md?p=3) under [subsection (h)](#h), shall be allowed only on roads and trails designated for use of motor vehicles in the [management plan](/usc/16/460mmm–1.md?p=3) that applies on October 24, 2000, to the [public lands](/usc/16/620e.md?p=7) in the [Conservation Area](/usc/16/460iii–1.md?p=2); and
    - (B) after the effective date of a [management plan](/usc/16/460mmm–1.md?p=3) under [subsection (h)](#h), shall be allowed only on roads and trails designated for use of motor vehicles in that [management plan](/usc/16/460mmm–1.md?p=3).
  - (2) **Administrative and emergency response use—** [Paragraph (1)](#d-1) shall not limit the use of motor vehicles in the [Conservation Area](/usc/16/460iii–1.md?p=2) as needed for administrative purposes or to respond to an emergency.
- (e) **Wilderness—** Subject to valid existing rights, lands designated as [wilderness](/usc/16/460mmm–1.md?p=6) by this subchapter shall be managed by the [Secretary](/usc/16/460iii–1.md?p=1), as appropriate, in accordance with the Wilderness Act ([16 U.S.C. 1131](/usc/16/1131.md) et seq.) and this subchapter, except that, with respect to any [wilderness](/usc/16/460mmm–1.md?p=6) [areas](/usc/16/539m–1.md?p=1-A) designated by this subchapter, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to October 24, 2000.
- (f) **Hunting, trapping, and fishing—**
  - (1) **In general—** Hunting, trapping, and fishing shall be allowed within the [Conservation Area](/usc/16/460iii–1.md?p=2) and the [Wilderness](/usc/16/460mmm–1.md?p=6) in accordance with applicable laws and regulations of the United States and the [States](/usc/16/544.md?p=r) of Colorado and Utah.
  - (2) **Area and time closures—** The head of the Colorado Division of Wildlife (in reference to land within the [State](/usc/16/590q.md?p=a) of Colorado), the head of the Utah Division of Wildlife (in reference to land within the [State](/usc/16/590q.md?p=a) of Utah), or the [Secretary](/usc/16/460iii–1.md?p=1) after consultation with the Colorado Division of Wildlife (in reference to land within the [State](/usc/16/590q.md?p=a) of Colorado) or the head of the Utah Division of Wildlife (in reference to land within the [State](/usc/16/590q.md?p=a) of Utah), may issue regulations designating zones where, and establishing limited periods when, hunting, trapping, or fishing shall be prohibited in the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6) for reasons of public safety, administration, or public use and enjoyment.
- (g) **Grazing—**
  - (1) **In general—** Except as provided by [paragraph (2)](#g-2), the [Secretary](/usc/16/460iii–1.md?p=1) shall issue and administer any grazing leases or permits in the [Conservation Area](/usc/16/460iii–1.md?p=2) and the [Wilderness](/usc/16/460mmm–1.md?p=6) in accordance with the same laws (including regulations) and Executive orders followed by the [Secretary](/usc/16/460iii–1.md?p=1) in issuing and administering grazing leases and permits on other land under the jurisdiction of the Bureau of Land Management.
  - (2) **Grazing in wilderness—** Grazing of livestock in the [Wilderness](/usc/16/460mmm–1.md?p=6) shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act ([16 U.S.C. 1133(d)(4)](/usc/16/1133.md?p=d-4)), in accordance with the guidelines set forth in Appendix A of House Report 101–405 of the 101st Congress.
- (h) **Management plan—**
  - (1) **In general—** Not later than 3 years after October 24, 2000, the [Secretary](/usc/16/460iii–1.md?p=1) shall develop a comprehensive [management plan](/usc/16/460mmm–1.md?p=3) for the long-range protection and management of the [Conservation Area](/usc/16/460iii–1.md?p=2) and the [Wilderness](/usc/16/460mmm–1.md?p=6) and the lands described in [paragraph (2)(E)](#h-2-E).
  - (2) **Purposes—** The [management plan](/usc/16/460mmm–1.md?p=3) shall—
    - (A) describe the appropriate uses and management of the [Conservation Area](/usc/16/460iii–1.md?p=2) and the [Wilderness](/usc/16/460mmm–1.md?p=6);
    - (B) [take](/usc/16/3102.md?p=18) into consideration any information developed in studies of the land within the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6);
    - (C) provide for the continued management of the utility corridor, Black Ridge Communications Site, and the Federal Aviation Administration site as such for the land designated on the [Map](/usc/16/460mmm–1.md?p=4) as utility corridor, Black Ridge Communications Site, and the Federal Aviation Administration site;
    - (D) [take](/usc/16/3102.md?p=18) into consideration the historical involvement of the local community in the interpretation and protection of the resources of the [Conservation Area](/usc/16/460iii–1.md?p=2) and the [Wilderness](/usc/16/460mmm–1.md?p=6), as well as the Ruby Canyon/Black Ridge Integrated Resource [Management Plan](/usc/16/460mmm–1.md?p=3), dated March 1998, which was the result of collaborative efforts on the part of the Bureau of Land Management and the local community; and
    - (E) include all [public lands](/usc/16/620e.md?p=7) between the boundary of the [Conservation Area](/usc/16/460iii–1.md?p=2) and the edge of the Colorado River and, on such lands, the [Secretary](/usc/16/460iii–1.md?p=1) shall allow only such recreational or other uses as are consistent with this subchapter.
- (i) **No buffer zones—** The Congress does not intend for the establishment of the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6) to lead to the creation of protective perimeters or buffer zones around the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6). The fact that there may be activities or uses on lands outside the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6) that would not be allowed in the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6) shall not preclude such activities or uses on such lands up to the boundary of the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6) consistent with other applicable laws.
- (j) **Acquisition of land—**
  - (1) **In general—** The [Secretary](/usc/16/460iii–1.md?p=1) may [acquire](/usc/16/620e.md?p=1) non-federally owned land within the exterior boundaries of the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6) only through purchase from a willing seller, exchange, or donation.
  - (2) **Management—** Land acquired under [paragraph (1)](#j-1) shall be managed as part of the [Conservation Area](/usc/16/460iii–1.md?p=2) or the [Wilderness](/usc/16/460mmm–1.md?p=6), as the case may be, in accordance with this subchapter.
- (k) **Interpretive facilities or sites—** The [Secretary](/usc/16/460iii–1.md?p=1) may establish minimal interpretive facilities or sites in cooperation with other public or private entities as the [Secretary](/usc/16/460iii–1.md?p=1) considers appropriate. Any facilities or sites shall be designed to protect the resources referred to in [section 460mmm(b) of this title](/usc/16/460mmm.md?p=b).
- (l) **Water rights—**
  - (1) **Findings—** Congress finds that—
    - (A) the lands designated as [wilderness](/usc/16/460mmm–1.md?p=6) by this subchapter are located at the headwaters of the streams and rivers on those lands, with few, if any, actual or proposed water resource facilities located upstream from such lands and few, if any, opportunities for diversion, storage, or other uses of water occurring outside such lands that would adversely affect the [wilderness](/usc/16/460mmm–1.md?p=6) or other values of such lands;
    - (B) the lands designated as [wilderness](/usc/16/460mmm–1.md?p=6) by this subchapter generally are not suitable for use for development of new water resource facilities, or for the expansion of existing facilities;
    - (C) it is possible to provide for proper management and protection of the [wilderness](/usc/16/460mmm–1.md?p=6) and other values of such lands in ways different from those utilized in other legislation designating as [wilderness](/usc/16/460mmm–1.md?p=6) lands not sharing the attributes of the lands designated as [wilderness](/usc/16/460mmm–1.md?p=6) by this subchapter.
  - (2) **Statutory construction—**
    - (A) Nothing in this subchapter shall constitute or be construed to constitute either an express or implied reservation of any water or water rights with respect to the lands designated as a national [conservation area](/usc/16/460iii–1.md?p=2) or as [wilderness](/usc/16/460mmm–1.md?p=6) by this subchapter.
    - (B) Nothing in this subchapter shall affect any conditional or absolute water rights in the [State](/usc/16/590q.md?p=a) of Colorado existing on October 24, 2000.
    - (C) Nothing in this subsection shall be construed as establishing a precedent with regard to any future national [conservation area](/usc/16/460iii–1.md?p=2) or [wilderness](/usc/16/460mmm–1.md?p=6) designations.
    - (D) Nothing in this subchapter shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the [State](/usc/16/590q.md?p=a) of Colorado and other [States](/usc/16/544.md?p=r).
  - (3) **Colorado water law—** The [Secretary](/usc/16/460iii–1.md?p=1) shall follow the procedural and substantive requirements of the law of the [State](/usc/16/590q.md?p=a) of Colorado in order to obtain and hold any new water rights with respect to the [Conservation Area](/usc/16/460iii–1.md?p=2) and the [Wilderness](/usc/16/460mmm–1.md?p=6).
  - (4) **New projects—**
    - (A) As used in this paragraph, the term “water resource facility” means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower [projects](/usc/16/410r–5.md?p=c-4), and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. Such term does not include any such facilities related to or used for the purpose of livestock grazing.
    - (B) Except as otherwise provided by [subsection (g)](#g) or other provisions of this subchapter, on and after October 24, 2000, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the [wilderness](/usc/16/460mmm–1.md?p=6) [area](/usc/16/539m–1.md?p=1-A) designated by this subchapter.
    - (C) Except as provided in this paragraph, nothing in this subchapter shall be construed to affect or limit the use, operation, maintenance, repair, modification, or replacement of water resource facilities in existence on October 24, 2000, within the boundaries of the [Wilderness](/usc/16/460mmm–1.md?p=6).
  - (5) **Boundaries along Colorado River—**
    - (A) Neither the [Conservation Area](/usc/16/460iii–1.md?p=2) nor the [Wilderness](/usc/16/460mmm–1.md?p=6) shall include any part of the Colorado River to the 100-year high water mark.
    - (B) Nothing in this subchapter shall affect the authority that the [Secretary](/usc/16/460iii–1.md?p=1) may or may not have to manage recreational uses on the Colorado River, except as such authority may be affected by compliance with [paragraph (3)](#l-3). Nothing in this subchapter shall be construed to affect the authority of the [Secretary](/usc/16/460iii–1.md?p=1) to manage the [public lands](/usc/16/620e.md?p=7) between the boundary of the [Conservation Area](/usc/16/460iii–1.md?p=2) and the edge of the Colorado River.
    - (C) Subject to valid existing rights, all lands owned by the Federal Government between the 100-year high water mark on each shore of the Colorado River, as designated on the [Map](/usc/16/460mmm–1.md?p=4) from the line labeled “Line A” on the east to the boundary between the [States](/usc/16/544.md?p=r) of Colorado and Utah on the west, are hereby withdrawn from—
      - (i) all forms of entry, appropriation, or disposal under the public land laws;
      - (ii) location, entry, and patent under the mining laws; and
      - (iii) the operation of the mineral leasing, mineral materials, and geothermal leasing laws.

## Footnotes

[^1]: So in original. Probably should be section “460mmm(a)”.

## Source credit

(Pub. L. 106–353, § 6, Oct. 24, 2000, 114 Stat. 1375.)

## Notes

### Editorial Notes

### References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(2)(A), 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.

The Wilderness Act, referred to in subsec. (e), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, 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.(e), means Sept. 3, 1964, the date of enactment of Pub. L. 88–577, which enacted chapter 23 of this title.