HR 2912 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2912CommentsClose CommentsPermalink

To establish the San Juan Islands National Conservation Area in the San Juan Islands, Washington, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 14, 2011CommentsClose CommentsPermalink

Mr. LARSEN of Washington (for himself and Mr. INSLEE) introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish the San Juan Islands National Conservation Area in the San Juan Islands, Washington, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SAN JUAN ISLANDS NATIONAL CONSERVATION AREA.

(a) Findings; Purposes-CommentsClose CommentsPermalink





(1) FINDINGS- Congress finds as follows:CommentsClose CommentsPermalink





(A) Lands managed by the Bureau of Land Management in the San Juan Archipelago, Washington State, comprising nearly 1,000 acres of small islands, rocks and reef, headlands, historic lighthouses, and ecologically important areas are of great value to the people of Washington State and the Nation.CommentsClose CommentsPermalink





(B) These areas provide recreational opportunities for hiking, wildlife viewing, boating, picnicking, photography, sea kayaking, and camping and are enjoyed by residents of the area and visitors. In 2010, these lands in the San Juan Islands National Conservation Area received more than 65,000 visitors in a county with a population at that time of 15,769 residents.CommentsClose CommentsPermalink





(C) These areas preserve important local, national, and tribal cultural and historic sites. Lighthouses on Patos Island, Turn Point, and Cattle Point are registered as State Historic Structures. Numerous archaeological sites exist, including shell middens, plank-house sites, and burial markers. Areas of cultural importance include ancient Coast Salish camas cultivation sites, homesteads, reef-net sites, and settler cabins.CommentsClose CommentsPermalink





(D) These areas include vanishing coastal flower meadows, spruce bogs, groves of Garry oaks and endemic coastal junipers, and other rare and fragile ecosystems that support numerous plant species and provide nesting habitat for seabirds, songbirds, bats, and other small native mammals.CommentsClose CommentsPermalink





(E) These areas are used by several non-profit, government, and educational organizations for scientific research and education, including the San Juan Islands Experimental Education Outdoor Classroom.CommentsClose CommentsPermalink





(F) Establishment of the San Juan Islands National Conservation Area is the best way to preserve, protect, enhance, and restore this local and nationally important landscape.CommentsClose CommentsPermalink





(2) PURPOSES- The purposes of this Act are--CommentsClose CommentsPermalink





(A) 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 National Conservation Area; andCommentsClose CommentsPermalink





(B) to protect each species that is--CommentsClose CommentsPermalink





(i) located in the National Conservation Area; andCommentsClose CommentsPermalink





(ii) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)).CommentsClose CommentsPermalink





(b) Definitions- In this Act:CommentsClose CommentsPermalink





(1) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the National Conservation Area developed by the Secretary under subsection (d).CommentsClose CommentsPermalink





(2) NATIONAL CONSERVATION AREA- The term ‘National Conservation Area’ means the San Juan Islands National Conservation Area that--CommentsClose CommentsPermalink





(A) consists of approximately 1,000 acres of public land in the Washington State, as generally depicted on the map entitled ‘Proposed San Juan Islands National Conversation Area’ and dated June 30, 2011; andCommentsClose CommentsPermalink





(B) is established by subsection (c).CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(c) Establishment- Subject to valid existing rights, there is established in the State of Washington the San Juan Islands National Conservation Area.CommentsClose CommentsPermalink





(d) Management Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 3 years after the date of the enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.CommentsClose CommentsPermalink





(2) CONSULTATION- In developing the management plan required under paragraph (1), the Secretary shall consult with--CommentsClose CommentsPermalink





(A) appropriate State, tribal, and local governmental entities; andCommentsClose CommentsPermalink





(B) members of the public.CommentsClose CommentsPermalink





(e) Management-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall manage the National Conservation Area--CommentsClose CommentsPermalink





(A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; andCommentsClose CommentsPermalink





(B) in accordance with--CommentsClose CommentsPermalink





(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(ii) this Act; andCommentsClose CommentsPermalink





(iii) any other applicable law (including regulations).CommentsClose CommentsPermalink





(2) USES- The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).CommentsClose CommentsPermalink





(3) MOTORIZED VEHICLES- Except when needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.CommentsClose CommentsPermalink





(4) WILDLAND FIRE OPERATIONS- Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this Act.CommentsClose CommentsPermalink





(5) INVASIVE SPECIES AND NOXIOUS WEEDS- In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the National Conservation Area.CommentsClose CommentsPermalink





(f) Tribal Cultural Uses- The Secretary shall work in consultation with Indian tribes to--CommentsClose CommentsPermalink





(1) ensure the protection of religious and cultural sites in the Conservation Area; andCommentsClose CommentsPermalink





(2) provide access to the sites by members of Indian tribes for traditional cultural and customary uses, consistent with Public Law 95-341 (commonly known as the ‘American Indian Religious Freedom Act’; 42 U.S.C. 1996).CommentsClose CommentsPermalink





(g) No Buffer Zones-CommentsClose CommentsPermalink





(1) IN GENERAL- Nothing in this Act creates a protective perimeter or buffer zone around the National Conservation Area.CommentsClose CommentsPermalink





(2) ACTIVITIES OUTSIDE CONSERVATION AREA- The fact that an activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the National Conservation Area.CommentsClose CommentsPermalink





(3) ACQUISITION OF LAND-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary may acquire non-Federal land within the boundaries of the Conservation Area only through exchange, donation, or purchase from a willing seller.CommentsClose CommentsPermalink





(B) MANAGEMENT- Land acquired under subparagraph (A) shall become part of the Conservation Area.CommentsClose CommentsPermalink





(h) Advisory Council-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the ‘San Juan Islands National Conservation Area Advisory Council’.CommentsClose CommentsPermalink





(2) DUTIES- The Council shall advise the Secretary with respect to the preparation and implementation of the management plan.CommentsClose CommentsPermalink





(3) MEMBERS- The Council shall include 7 members to be appointed by the Secretary. The members, to the extent practicable, shall--CommentsClose CommentsPermalink





(A) reside in or within reasonable proximity to San Juan County, Washington;CommentsClose CommentsPermalink





(B) have backgrounds that reflect--CommentsClose CommentsPermalink





(i) the purposes for which the National Conservation Area was established; andCommentsClose CommentsPermalink





(ii) the interests of the stakeholders that are affected by the planning and management of the National Conservation Area; andCommentsClose CommentsPermalink





(C) be fairly balanced in terms of the points of view represented and the functions to be performed by the Council.CommentsClose CommentsPermalink





(4) APPLICABLE LAW- The Council shall be subject to--CommentsClose CommentsPermalink





(A) the Federal Advisory Committee Act (5 U.S.C. App.); andCommentsClose CommentsPermalink





(B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).CommentsClose CommentsPermalink





(5) DURATION- The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary.CommentsClose CommentsPermalink





(i) Incorporation of Acquired Land and Interests- Any land acquired by the United States after the date of the enactment of this Act that is located in the National Conservation Area shall--CommentsClose CommentsPermalink





(1) become part of the National Conservation Area; andCommentsClose CommentsPermalink





(2) be managed in accordance with--CommentsClose CommentsPermalink





(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(B) this Act; andCommentsClose CommentsPermalink





(C) any other applicable law (including regulations).CommentsClose CommentsPermalink





(j) Withdrawal-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to valid existing rights, all Federal land and interests in land located in the National Conservation Area are withdrawn from--CommentsClose CommentsPermalink





(A) all forms of entry, appropriation, and disposal under the public land laws;CommentsClose CommentsPermalink





(B) location, entry, and patenting under the mining laws; andCommentsClose CommentsPermalink





(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.CommentsClose CommentsPermalink





(2) ADDITIONAL LAND- Any land acquired by the United States after the date of the enactment of this Act that is located in the National Conservation Area shall be withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.CommentsClose CommentsPermalink

SEC. 2. TREATY RIGHTS.

Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe.CommentsClose CommentsPermalink