republic-os/legal/us/code/title-16/chapter-1/section-410aaa-81c.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	16 U.S.C. § 410aaa–81c	Prohibited uses of acquired, donated, and conservation land	us	united_states_code	code_section	16	CONSERVATION	1	NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES	410aaa–81c	16 U.S.C. § 410aaa–81c	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip	/us/usc/t16/s410aaa–81c	data/legal/raw/us/code/title-16/usc16.xml	170994f2afd8a9c3f2974b20131016b1a7c6ad2a319118d480c811a67963b729	7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503	0d0725c6da51d7e0e23fe1e3adce78ed1006a00aed04486f9c1974281ce60c08	2026-07-04	official	legal us-code

16 U.S.C. § 410aaa–81c - Prohibited uses of acquired, donated, and conservation land

Text

(a) Definitions In this section:

(1) Acquired land The term “acquired land” means any land acquired within the Conservation Area using amounts from the land and water conservation fund established under section 200302 of title 54.

(2) Conservation area The term “Conservation Area” means the California Desert Conservation Area.

(3) Conservation land The term “conservation land” means any land within the Conservation Area that is designated to satisfy the conditions of a Federal habitat conservation plan, general conservation plan, or State natural communities conservation plan, including—

(A) national conservation land established pursuant to section 7202(b)(2)(D) of this title; and

(B) areas of critical environmental concern established pursuant to section 1712(c)(3) of title 43.

(4) Donated land The term “donated land” means any private land donated to the United States for conservation purposes in the Conservation Area.

(5) Donor The term “donor” means an individual or entity that donates private land within the Conservation Area to the United States.

(6) Secretary The term “Secretary” means the Secretary, acting through the Director of the Bureau of Land Management.

(7) State The term “State” means the State of California.

(b) Prohibitions Except as provided in subsection (c), the Secretary shall not authorize the use of acquired land, conservation land, or donated land within the Conservation Area for any activities contrary to the conservation purposes for which the land was acquired, designated, or donated, including—

(1) disposal;

(2) rights-of-way;

(3) leases;

(4) livestock grazing;

(5) infrastructure development, except as provided in subsection (c);

(6) mineral entry; and

(7) off-highway vehicle use, except on—

(A) designated routes;

(B) off-highway vehicle areas designated by law; and

(C) administratively designated open areas.

(c) Exceptions (1) Authorization by Secretary Subject to paragraph (2), the Secretary may authorize limited exceptions to prohibited uses of acquired land or donated land in the Conservation Area if—

(A) a right-of-way application for a renewable energy development project or associated energy transport facility on acquired land or donated land was submitted to the Bureau of Land Management on or before December 1, 2009; or

(B) after the completion and consideration of an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary has determined that proposed use is in the public interest.

(2) Conditions (A) In general If the Secretary grants an exception to the prohibition under paragraph (1), the Secretary shall require the permittee to donate private land of comparable value located within the Conservation Area to the United States to mitigate the use.

(B) Approval The private land to be donated under subparagraph (A) shall be approved by the Secretary after—

(i) consultation, to the maximum extent practicable, with the donor of the private land proposed for nonconservation uses; and

(ii) an opportunity for public comment regarding the donation.

(d) Existing agreements Nothing in this section affects permitted or prohibited uses of donated land or acquired land in the Conservation Area established in any easements, deed restrictions, memoranda of understanding, or other agreements in existence on March 12, 2019.

(e) Deed restrictions Effective beginning on March 12, 2019, within the Conservation Area, the Secretary may—

(1) accept deed restrictions requested by landowners for land donated to, or otherwise acquired by, the United States; and

(2) consistent with existing rights, create deed restrictions, easements, or other third-party rights relating to any public land determined by the Secretary to be necessary—

(A) to fulfill the mitigation requirements resulting from the development of renewable resources; or

(B) to satisfy the conditions of—

(i) a habitat conservation plan or general conservation plan established pursuant to section 1539 of this title; or

(ii) a natural communities conservation plan approved by the State.

(Pub. L. 103–433, title VII, § 714, as added Pub. L. 116–9, title I, § 1453, Mar. 12, 2019, 133 Stat. 712.)

Notes

Editorial Notes

References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (c)(1)(B), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Section 103 of Pub. L. 103–433 provided in part that in this subchapter “Secretary” means the Secretary of the Interior.