--- kind: "section" citation: "16 U.S.C. § 460xxx" title: "16" title_heading: "Conservation" number: "460xxx" heading: "Beaver Dam Wash National Conservation Area" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/460xxx" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter CXXXV — Beaver Dam Wash National Conservation Area" --- # §460xxx. Beaver Dam Wash National Conservation Area - (a) **Purpose—** The purpose of this section is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Beaver Dam Wash National [Conservation Area](/usc/16/460iii–1.md?p=2). - (b) **Definitions—** In this section: - (1) **Management plan—** The term “[management plan](/usc/16/544.md?p=k)” means the [management plan](/usc/16/544.md?p=k) for the National [Conservation Area](/usc/16/460iii–1.md?p=2) developed by the [Secretary](/usc/16/460iii–1.md?p=1) under [subsection (d)(1)](#d-1). - (2) **National Conservation Area—** The term “National [Conservation Area](/usc/16/460iii–1.md?p=2)” means the Beaver Dam Wash National [Conservation Area](/usc/16/460iii–1.md?p=2) that— - (A) consists of approximately 68,083 acres of public land in the County, as generally depicted on the Beaver Dam Wash National [Conservation Area](/usc/16/460iii–1.md?p=2) [Map](/usc/16/430f–7.md?p=1); and - (B) is established by [subsection (c)](#c). - (c) **Establishment—** Subject to valid existing rights, there is established in the [State](/usc/16/590q.md?p=a) the Beaver Dam Wash National [Conservation Area](/usc/16/460iii–1.md?p=2). - (d) **Management plan—** - (1) **In general—** Not later than 3 years after March 30, 2009, and in accordance with [paragraph (2)](#d-2), the [Secretary](/usc/16/460iii–1.md?p=1) shall develop a comprehensive plan for the long-term management of the National [Conservation Area](/usc/16/460iii–1.md?p=2). - (2) **Consultation—** In developing the [management plan](/usc/16/544.md?p=k) required under [paragraph (1)](#d-1), the [Secretary](/usc/16/460iii–1.md?p=1) shall consult with— - (A) appropriate [State](/usc/16/590q.md?p=a), tribal, and local governmental entities; and - (B) members of the public. - (3) **Motorized vehicles—** In developing the [management plan](/usc/16/544.md?p=k) required under [paragraph (1)](#d-1), the [Secretary](/usc/16/460iii–1.md?p=1) shall incorporate the restrictions on motorized vehicles described in [subsection (e)(3)](#e-3). - (e) **Management—** - (1) **In general—** The [Secretary](/usc/16/460iii–1.md?p=1) shall manage the National [Conservation Area](/usc/16/460iii–1.md?p=2)— - (A) in a manner that conserves, protects, and enhances the resources of the National [Conservation Area](/usc/16/460iii–1.md?p=2); and - (B) in accordance with— - (i) 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.); - (ii) this section; and - (iii) any other applicable law (including regulations). - (2) **Uses—** The [Secretary](/usc/16/460iii–1.md?p=1) shall only allow uses of the National [Conservation Area](/usc/16/460iii–1.md?p=2) that the [Secretary](/usc/16/460iii–1.md?p=1) determines would further the purpose described in [subsection (a)](#a). - (3) **Motorized vehicles—** - (A) **In general—** Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National [Conservation Area](/usc/16/460iii–1.md?p=2) shall be permitted only on roads designated by the [management plan](/usc/16/544.md?p=k) for the use of motorized vehicles. - (B) **Additional requirement relating to certain areas located in the National Conservation Area—** In [addition](/usc/16/410r–5.md?p=c-2) to the requirement described in [subparagraph (A)](#e-3-A), with respect to the [areas](/usc/16/539m–1.md?p=1-A) designated on the Beaver Dam Wash National [Conservation Area](/usc/16/460iii–1.md?p=2) [Map](/usc/16/430f–7.md?p=1) as “Designated Road [Areas](/usc/16/539m–1.md?p=1-A)”, motorized vehicles shall be permitted only on the roads identified on such [map](/usc/16/430f–7.md?p=1). - (4) **Grazing—** The grazing of livestock in the National [Conservation Area](/usc/16/460iii–1.md?p=2), where established before March 30, 2009, shall be permitted to continue— - (A) subject to— - (i) such reasonable regulations, policies, and practices as the [Secretary](/usc/16/460iii–1.md?p=1) considers necessary; and - (ii) applicable law (including regulations); and - (B) in a manner consistent with the purpose described in [subsection (a)](#a). - (5) **Wildland fire operations—** Nothing in this section prohibits the [Secretary](/usc/16/460iii–1.md?p=1), in cooperation with other Federal, [State](/usc/16/590q.md?p=a), and local agencies, as appropriate, from conducting wildland fire operations in the National [Conservation Area](/usc/16/460iii–1.md?p=2), consistent with the purposes of this section. - (f) **Incorporation of acquired land and interests—** Any land or interest in land that is located in the National [Conservation Area](/usc/16/460iii–1.md?p=2) that is acquired by the United States shall— - (1) become part of the National [Conservation Area](/usc/16/460iii–1.md?p=2); and - (2) be managed 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.); - (B) this section; and - (C) any other applicable law (including regulations). - (g) **Withdrawal—** - (1) **In general—** Subject to valid existing rights, all [Federal land](/usc/16/3102.md?p=2) located in the National [Conservation Area](/usc/16/460iii–1.md?p=2) is withdrawn from— - (A) all forms of entry, appropriation, and disposal under the public land laws; - (B) location, entry, and patenting under the mining laws; and - (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. - (2) **Additional land—** If the [Secretary](/usc/16/460iii–1.md?p=1) [acquires](/usc/16/620e.md?p=1) additional land that is located in the National [Conservation Area](/usc/16/460iii–1.md?p=2) after March 30, 2009, the land is withdrawn from operation of the laws referred to in [paragraph (1)](#g-1) on the date of [acquisition](/usc/16/620e.md?p=1) of the land. ## Source credit (Pub. L. 111–11, title I, § 1975, Mar. 30, 2009, 123 Stat. 1083.) ## Notes ### Editorial Notes ### References in Text The Federal Land Policy and Management Act of 1976, referred to in subsecs. (e)(1)(B)(i) and (f)(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. ### Statutory Notes and Related Subsidiaries ### Definitions For definitions of terms used in this section, see section 1971 of Pub. L. 111–11, set out as a note under section 460www of this title.