S. 1794Senate113th Congress (2013-2015)In Committee

Browns Canyon National Monument and Wilderness Act of 2013

Legislative Activity

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SenateCommittee Latest Action

Committee on Energy and Natural Resources Senate Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 113-493.

National Parks Subcommittee

July 23, 2014

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SenateIntro Referral

Introduced in Senate

December 10, 2013

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

December 10, 2013

SenateCommittee

Committee on Energy and Natural Resources Senate Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 113-493.

National Parks Subcommittee

July 23, 2014

Floor Debate

2 members

What members said about S. 1794 on the floor

2 Democrats

Sen. Mary L. LandrieuD-LA · Jul 22, 2014

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Committee on Energy and Natural Resources. The hearing will be…

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Committee on Energy and Natural Resources. The hearing will be held on Thursday, July 24, 2014, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of this hearing is to consider the nomination of Elizabeth Sherwood-Randall to be Deputy Secretary of Energy.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510-6150, or by e-mail to [email protected].

For further information, please contact Sam Fowler at (202) 224-7571 or Sallie Derr at (202) 224-6836.

Committee on Energy and Natural Resources

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before Subcommittee on National Parks. The hearing will be held on Wednesday, July 23, 2014, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on the following bills:

H.R. 412, to amend the Wild and Scenic Rivers Act to

designate segments of the mainstem of the Nashua River and

its tributaries in the Commonwealth of Massachusetts for

study for potential addition to the National Wild and Scenic

Rivers System, and for other purposes.

S.1189, to adjust the boundaries of Paterson Great Falls

National Historical Park to include Hinchliffe Stadium, and

for other purposes;

S. 1389 and H.R. 1501, to direct the Secretary of the

Interior to study the suitability and feasibility of

designating the Prison Ship Martyrs' Monument in Fort Greene

Park, in the New York City borough of Brooklyn, as a unit of

the National Park System;

S. 1520 and H.R. 2197, to amend the Wild and Scenic Rivers

Act to designate segments of the York River and associated

tributaries for study for potential inclusion in the National

Wild and Scenic Rivers System;

S. 1641, to establish the Appalachian Forest National

Heritage Area, and for other purposes;

S. 1718, to modify the boundary of Petersburg National

Battlefield in the Commonwealth of Virginia, and for other

purposes;

S. 1750, authorize the Secretary of the Interior or the

Secretary of Agriculture to enter into agreements with States

and political subdivisions of States providing for the

continued operation, in whole or in part, of public land,

units of the National Park System, units of the National

Wildlife Refuge System, and units of the National Forest

System in the State during any period in which the Secretary

of the Interior or the Secretary of Agriculture is unable to

maintain normal level of operations at the units due to a

lapse in appropriations, and for other purposes;

S. 1785, to modify the boundary of the Shiloh National

Military Park located in the States of Tennessee and

Mississippi, to establish Parker's Crossroads Battlefield as

an affiliated area of the National Park System, and for other

purposes;

S. 1794, to designate certain Federal land in Chaffee

County, Colorado, as a national monument and as wilderness.

S. 1866, a bill to provide for an extension of the

legislative authority of the Adams Memorial Foundation to

establish a commemorative work in honor of former President

John Adams and his legacy;

S. 2031, to amend the Act to provide for the establishment

of the Apostle Islands National Lakeshore in the State of

Wisconsin, and for other purposes, to adjust the boundary of

that National Lakeshore to include the lighthouse known as

Ashland Harbor Breakwater Light, and for other purposes;

S. 2104, to require the Director of the National Park

Service to refund to States all State funds that were used to

reopen and temporarily operate a unit of the National Park

System during the October 2013 shutdown;

S. 2111, to reauthorize the Yuma Crossing National Heritage

Area;

S. 2221, to extend the authorization for the Automobile

National Heritage Area in Michigan;

S. 2264, A bill to designate memorials to the service of

members of the United States Armed Forces in World War I, and

for other purposes;

S. 2293, to clarify the status of the North Country, Ice

Age, and New England National Scenic Trails as units of the

National Park System, and for other purposes;

S. 2318, to reauthorize the Erie Canalway National Heritage

Corridor Act.

S. 2346, to amend the National Trails System Act to include

national discovery trails, and to designate the American

Discovery Trail, and for other purposes;

S. 2356, to adjust the boundary of the Mojave National

Preserve;

S. 2392, to amend the Wild and Scenic Rivers Act to

designate certain segments of East Rosebud Creek in Carbon

County, Montana, as components of the Wild and Scenic Rivers

System;

S.2576, to establish the Maritime Washington National

Heritage Area in the State of Washington, and for other

purposes; and

S. 2602, to establish the Mountains to Sound Greenway

National Heritage Area in the State of Washington.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, 304 Dirksen Senate Office Building, Washington, DC 20510-6150, or by email to John [email protected].

For further information, please contact David Brooks (202) 224-9863 or John Assini (202) 224-9313.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Tuesday, July 29, 2014, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building.

The title of this hearing is ``Breaking the Logjam at BLM: Examining Ways to More Efficiently Process Permits for Energy Production on Federal Lands.''

For further information, please contact Jan Brunner at (202) 224-3907 or Kristen Granier at (202) 224-1219.

Sen. Mark UdallD-CO · Dec 12, 2014

Madam President, I submit this statement for the Record to clarify several provisions in my Browns Canyon national monument and wilderness bill, S. 1794. I have asked President Obama to use this bill as the model for a designation of 22,000 acres of Browns Canyon as a national monument under the Antiquities Act because it contains many specific provisions that were developed in careful consultation with the community.

I introduced my bill over a year ago after 18 months of working side- by-side with Chaffee County residents and other stakeholders. I held public listening sessions, received thousands of written comments, and my staff and I conducted over 50 meetings. The resulting bill was emblematic of how public lands bills should be done: from the bottom up and based on what the community wants.

Browns Canyon is a unique natural resource. Hundreds of thousands of visitors come to Browns Canyon year after year to raft or kayak the canyon's exciting whitewater rapids or to fish the Gold Medal trout waters of the Arkansas River. But there is a lot more to this landscape than just the river. The rugged and remote lands to the east feature quiet canyons and rock formations, outstanding habitat for bighorn sheep and elk, and sweeping views of the Collegiate Peaks and Arkansas Valley.

Protecting Browns Canyon has a wide base of support, including more than 200 local businesses and sportsmen who welcome the area's Gold Medal trout waters and big game hunting opportunities. Both the town of Buena Vista and the city of Salida passed resolutions of support, and a majority of the Chaffee County commissioners support the proposal with its carefully crafted conditions. The Denver Post and local Salida Mountain Mail have editorialized in favor of an Executive action. Indeed, I hosted a public meeting in Salida last weekend--attended by senior State and Federal officials, including U.S. Senator Michael Bennet, U.S. Forest Service Chief Tom Tidwell and Bureau of Land Management Deputy Director Steve Ellis--to gauge public support for protecting this nationally significant landmark. The more than 500 attendees at the standing-room-only meeting overwhelmingly endorsed the idea, noting how a national monument designation would boost the local economy, support Main Street businesses and help protect Colorado's special way of life.

The intent of my Browns Canyon national monument bill is to preserve this special place just as it is now--for us and future generations. Therefore, I submit this statement to clarify the intent behind several key passages related to the role of the State of Colorado, water rights, and livestock grazing.

First, I want to recognize the model partnership between the Bureau of Land Management and the State of Colorado that has been in place since 1989 to manage the 148 miles of the Arkansas River corridor. This partnership is known as the Arkansas Headwaters Recreation Area, AHRA, and includes Browns Canyon. The intent is that the Browns Canyon National Monument will have no impact on this partnership. However, it is also the intent that the Federal agencies will closely consult with the State of Colorado on the development of a comprehensive management plan for the national monument, and that the State could be a cosignatory to the plan. The State of Colorado has interests beyond just the AHRA because it will manage the wildlife in the National Monument and has a stake in maintaining the economic viability of associated industries, such as outdoor recreation and agriculture.

Second, the intent is that the Browns Canyon National Monument shall not have any impact on the existing water rights of any party. It is also the intent that the national monument will not have any effect on how river flows are managed and administered, such as the current Voluntary Flow Management Program in place for the Arkansas River.

Finally, as I have stated previously before the National Parks Subcommittee, it is critical that local ranchers maintain flexibility to run livestock in the national monument and transfer their grazing allotments to future generations. To address this, I included legislative language that all existing laws continue to apply just as they did before the monument was designated. Colorado's farms and ranches are an important part of my State's economy and identity--and produce food and fiber for the world. In particular, cattlemen and women play a critical role in the economy, culture, and heritage of the Arkansas River Valley. Therefore, Browns Canyon National Monument must support that industry and educate visitors about its role.

Browns Canyon National Monument is an idea whose time has come, and I am proud to have led this most recent effort in a 20-year campaign to protect this spectacular and nationally significant resource.

Bill Text

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Introduced in SenateIssued December 10, 2013

113th CONGRESS

1st Session

S. 1794

IN THE SENATE OF THE UNITED STATES

December 10, 2013

Mr. Udall of Colorado introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To designate certain Federal land in Chaffee County, Colorado, as a national monument and as wilderness.

Short title

This Act may be cited as the Browns Canyon National Monument and Wilderness Act of 2013.

Findings; purposes

(a)

Findings

Congress finds that—

(1)

certain Federal land in the Pike and San Isabel National Forests and certain Federal land managed by the Bureau of Land Management in Chaffee County, Colorado, known as Browns Canyon contain nationally significant biological, cultural, recreational, natural, wilderness, historic, scenic, riparian, geological, educational, and scientific values;

(2)

Browns Canyon provides world class opportunities for fishing, hunting, boating, hiking, horseback riding, recreational gold-panning, picnicking, wildlife watching, and camping;

(3)

permanently protecting the values described in paragraph (1) while sustaining the local ranching economy would enhance the economic prosperity of local communities that depend on the area; and

(4)

designating the Browns Canyon National Monument and the Browns Canyon Wilderness would maintain and protect the world class recreational opportunities within the Arkansas Headwaters Recreation Area.

(b)

Purposes

The purposes of this Act are—

(1)

to preserve the nationally significant biological, cultural, recreational, natural, wilderness, historic, scenic, riparian, geological, educational, and scientific values found within the National Monument;

(2)

to sustain traditional uses in the Browns Canyon area, including hunting, angling, livestock grazing, commercial outfitting, and boating;

(3)

to provide visitors the opportunity to enjoy and learn about the biological, cultural, recreational, natural, wilderness, historic, scenic, riparian, geological, educational, and scientific values and traditional uses of the National Monument;

(4)

to designate certain land within the National Monument as wilderness;

(5)

to protect important big game wildlife habitat and the backcountry character of certain National Forest System land within the National Monument that is not designated as wilderness;

(6)

to provide for cooperative management of the National Monument by the Bureau of Land Management and the Forest Service; and

(7)

to preserve the existing cooperative management of the Arkansas Headwaters Recreation Area.

Definitions

In this Act:

(1)

Management plan

The term management plan means the management plan developed under section 8.

(2)

Map

The term Map means the map entitled Browns Canyon National Monument and dated November 7, 2013.

(3)

National monument

The term National Monument means the Browns Canyon National Monument established by section 4(a).

(4)

Secretary concerned

The term Secretary concerned means—

(A)

the Secretary of Agriculture, with respect to National Forest System land; and

(B)

the Secretary of the Interior, with respect to Bureau of Land Management land.

(5)

State

The term State means the State of Colorado.

(6)

Wilderness

The term Wilderness means the Browns Canyon Wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 756) (as added by section 5(a)).

Establishment of browns canyon national monument

(a)

In general

Subject to valid existing rights, there is established in the State the Browns Canyon National Monument to preserve the nationally significant biological, cultural, recreational, natural, wilderness, historic, scenic, riparian, geological, educational, and scientific values found within the National Monument.

(b)

Boundaries

(1)

In general

The National Monument shall consist of approximately 22,000 acres of public land, as generally depicted on the Map.

(2)

Arkansas river

(A)

In general

In areas in which the Arkansas River is used as a reference for defining the boundary of the National Monument, the boundary shall—

(i)

be located at the edge of the Arkansas River; and

(ii)

change according to the level of the Arkansas River.

(B)

Exclusion from national monument

Regardless of the level of the Arkansas River, no portion of the Arkansas River shall be included in the National Monument.

(3)

Road offset

The boundary of any portion of the National Monument that is bordered by a road shall be set back 100 feet from the centerline of the road.

Designation of browns canyon wilderness

(a)

Designation

Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 756; 116 Stat. 1055) is amended by adding at the end the following:

(22)

Browns canyon wilderness

Certain Federal land in Chaffee County, Colorado, comprising approximately 7,900 acres of land managed by the Bureau of Land Management and 2,500 acres in the Pike and San Isabel National Forests, to be known as the Browns Canyon Wilderness.

(b)

Boundary

Section 3 of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 759) is amended by adding at the end the following:

(h)

Boundary of browns canyon wilderness

(1)

Western boundary offset

The western boundary of any portion of the wilderness designated by section 2(a)(22) that is formed by the Arkansas River or the railroad right-of-way shall be set back 150 feet inland on the East side and measured perpendicular to the Arkansas River or the eastern edge of the legal right-of-way of the railroad line, whichever is farthest East, but in no case shall the Browns Canyon Wilderness extend within 150 feet of either the railroad or the Arkansas River.

(2)

Road offset

The boundary of any portion of the wilderness designated by section 2(a)(22) that is bordered by a road shall be set back 100 feet from the centerline of the road.

(c)

Effective date

Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering the wilderness area designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)).

Maps and legal descriptions

(a)

In general

As soon as practicable after the date of enactment of this Act, the Secretaries concerned shall file a map and a legal description of the National Monument and the Wilderness with—

(1)

the Committee on Energy and Natural Resources of the Senate; and

(2)

the Committee on Natural Resources of the House of Representatives.

(b)

Force and effect

The map and legal descriptions filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct clerical and typographical errors in the map and legal descriptions.

(c)

Public availability

The map and legal descriptions filed under subsection (a) shall be available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service.

Management of the national monument and wilderness

(a)

Management of national monument

(1)

In general

The Secretaries concerned shall cooperatively manage the National Monument—

(A)

in a manner that conserves, protects, and enhances the purposes for which the National Monument was established; and

(B)

in accordance with—

(i)

this Act; and

(ii)

any other applicable laws (including regulations).

(2)

Uses

(A)

In general

The Secretary concerned shall allow only such uses of the National Monument as the Secretary concerned determines would further the purposes for which the National Monument is established.

(B)

Arkansas headwaters recreation area

Nothing in this Act affects the arrangements for cooperative administration of the Arkansas Headwaters Recreation Area within the National Monument by the Director of the Bureau of Land Management and the State.

(C)

Motorized vehicles and mechanical transport

The establishment of permanent or temporary roads, and the use of motorized vehicles or mechanical transport, shall be prohibited in the portion of the National Monument east of the Arkansas River, except—

(i)

as provided in subparagraphs (D) and (E);

(ii)

on roads and trails open to such uses on the date of enactment of this Act;

(iii)

as necessary to meet the minimum requirements for the administration of the Federal land; and

(iv)

as necessary to protect public health and safety.

(D)

Forest road 184

(i)

In general

The Secretary of Agriculture shall maintain Forest Road 184 within the National Monument as a Forest Service Level II Road, as depicted on the map.

(ii)

Management

The Secretary of Agriculture shall manage the road described in clause (i) in accordance with applicable laws—

(I)

to provide motorized and mechanized access into the National Monument;

(II)

to minimize any adverse impacts to the values described in section 4(a); and

(III)

subject to such terms and conditions as the Secretary may require.

(iii)

Closure

The Secretary of Agriculture may temporarily close the road to any or all uses—

(I)

to protect public safety;

(II)

for maintenance or other administrative uses.

(E)

Grazing

(i)

In general

Except as provided in subparagraph (iv), the laws (including regulations) and policies followed by the Secretary concerned in issuing and administering grazing permits or leases for the National Monument shall continue to apply in the same manner as on the day before the date of enactment of this Act.

(ii)

Effect of designation

There shall be no curtailment of grazing in the National Monument or Wilderness simply because of a designation under this Act.

(iii)

Adjustments

Any adjustments in the numbers of livestock permitted to graze in the National Monument or Wilderness shall be based on revisions in the normal grazing and land management planning and policy setting process, giving consideration to legal mandates, range condition, and the protection of range resources from deterioration.

(iv)

Continuation of grazing

The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be permitted to continue in accordance with—

(I)

section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(II)

the guidelines set forth in appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405) and H.R. 5487 of the 96th Congress (H. Rept. 96–617).

(b)

Withdrawals

(1)

In general

Subject to valid existing rights, all Federal land described in paragraph (2) within the National Monument and all land and interests in land acquired by the United States within the National Monument is withdrawn from—

(A)

all forms of entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(2)

Description of withdrawal areas

The Federal land referred to in paragraph (1) is—

(A)

all Federal land within the National Monument and all land and interests in land acquired by the United States within the National Monument; and

(B)

all Federal land that is—

(i)

between the eastern and western boundaries of the National Monument along the Arkansas River corridor, as described in section 4(b)(2); and

(ii)

between lines paralleling the northern and southern boundaries of the National Monument.

(c)

Acquisition of land

(1)

In general

The Secretary concerned may acquire non-Federal land within and adjacent to the boundaries of the National Monument or Wilderness through exchange, donation, bequest, or purchase from a willing seller.

(2)

Management

Land acquired under paragraph (1) shall—

(A)

become part of the National Monument and, if applicable, the Wilderness; and

(B)

be managed in accordance with—

(i)

this Act; and

(ii)

any other applicable laws.

(3)

Administration of subsequently acquired land

(A)

Secretary of the interior

The Secretary of the Interior shall manage any land or interest in land within the boundaries of the National Monument that is acquired by the Bureau of Land Management after the date of enactment of this Act.

(B)

Secretary of agriculture

The Secretary of Agriculture shall manage any land or interest in land within the boundaries of the National Monument that is acquired by the Forest Service after the date of enactment of this Act.

(d)

Fire, insects, and disease

Subject to such terms and conditions as the Secretary concerned determines to be appropriate, the Secretary concerned may undertake such measures as are necessary to control fire, insects, and disease—

(1)

in the Wilderness, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and

(2)

in the National Monument, in accordance with—

(A)

this Act; and

(B)

any other applicable laws.

(e)

Invasive species and noxious weeds

In accordance with any applicable laws and subject to such terms and conditions as the Secretary concerned determines to be appropriate, the Secretary concerned may prescribe measures to control nonnative invasive plants and noxious weeds within the National Monument and Wilderness.

(f)

Water rights

(1)

Effect

Nothing in this Act—

(A)

affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;

(B)

affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;

(C)

affects any interstate water compact in existence on the date of enactment of this Act;

(D)

authorizes or imposes any new reserved Federal water rights; or

(E)

shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.

(2)

National monument water rights

With respect to water within the National Monument, nothing in this Act—

(A)

authorizes any Federal agency to appropriate or otherwise acquire any water right on the mainstem of the Arkansas River; or

(B)

prevents the State from appropriating or acquiring, or requires the State to appropriate or acquire, an instream flow water right on the mainstem of the Arkansas River.

(g)

Fish and wildlife

Nothing in this Act diminishes the jurisdiction of the State with respect to fish and wildlife in the State.

(h)

Commercial activities

(1)

In general

The Secretary concerned may permit commercial activities (including outfitting and guide activities) within the National Monument and Wilderness, in accordance with—

(A)

this Act;

(B)

the Wilderness Act (16 U.S.C. 1131 et seq.); and

(C)

any other applicable laws (including regulations).

(2)

Outfitting and guide activities

In accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services (including authorized outfitting and guide activities) are authorized in the Wilderness to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the Wilderness.

Development of management plan

(a)

In general

Not later than 3 years after the date of enactment of this Act, the Secretary of the Interior, in cooperation with the Secretary of Agriculture and in consultation with the State, shall complete a comprehensive management plan for the conservation and protection of the National Monument and Wilderness.

(b)

Contents

The management plan shall—

(1)

describe the appropriate uses and management of the National Monument and Wilderness in accordance with—

(A)

this Act; and

(B)

the purposes for which the National Monument and Wilderness are established;

(2)

be developed with opportunities for public input;

(3)

be prepared in close consultation with appropriate Federal, State, county, and local agencies; and

(4)

concentrate visitorship within the Arkansas Headwaters Recreation Area and the public land west of the Arkansas River.

(c)

Incorporation of existing plans

In developing the management plan under subsection (a), to the extent consistent with this Act, the Secretary concerned may incorporate any provision of any other applicable land management plan, including the Arkansas River Recreation Management Plan or a successor plan.

Release of wilderness study area

(a)

In general

Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Browns Canyon Wilderness Study Area not designated as wilderness by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 756) (as added by section 5(a)) have been adequately studied for wilderness designation.

(b)

Release

Any public land described in subsection (a) that is not designated as wilderness by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 756) (as added by section 5(a))—

(1)

is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and

(2)

shall be managed in accordance with—

(A)

this Act; and

(B)

the management plan developed under section 8.