[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2912 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2912

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2011

 Mr. Larsen of Washington (for himself and Mr. Inslee) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SAN JUAN ISLANDS NATIONAL CONSERVATION AREA.

    (a) Findings; Purposes.--
            (1) Findings.--Congress finds as follows:
                    (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.
                    (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.
                    (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.
                    (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.
                    (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.
                    (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.
            (2) Purposes.--The purposes of this Act are--
                    (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; 
                and
                    (B) to protect each species that is--
                            (i) located in the National Conservation 
                        Area; and
                            (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)).
    (b) Definitions.--In this Act:
            (1) Management plan.--The term ``management plan'' means 
        the management plan for the National Conservation Area 
        developed by the Secretary under subsection (d).
            (2) National conservation area.--The term ``National 
        Conservation Area'' means the San Juan Islands National 
        Conservation Area that--
                    (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; and
                    (B) is established by subsection (c).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (c) Establishment.--Subject to valid existing rights, there is 
established in the State of Washington the San Juan Islands National 
Conservation Area.
    (d) Management Plan.--
            (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.
            (2) Consultation.--In developing the management plan 
        required under paragraph (1), the Secretary shall consult 
        with--
                    (A) appropriate State, tribal, and local 
                governmental entities; and
                    (B) members of the public.
    (e) Management.--
            (1) In general.--The Secretary shall manage the National 
        Conservation Area--
                    (A) in a manner that conserves, protects, and 
                enhances the resources of the National Conservation 
                Area; and
                    (B) in accordance with--
                            (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (ii) this Act; and
                            (iii) any other applicable law (including 
                        regulations).
            (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).
            (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.
            (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.
            (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.
    (f) Tribal Cultural Uses.--The Secretary shall work in consultation 
with Indian tribes to--
            (1) ensure the protection of religious and cultural sites 
        in the Conservation Area; and
            (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).
    (g) No Buffer Zones.--
            (1) In general.--Nothing in this Act creates a protective 
        perimeter or buffer zone around the National Conservation Area.
            (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.
            (3) Acquisition of land.--
                    (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.
                    (B) Management.--Land acquired under subparagraph 
                (A) shall become part of the Conservation Area.
    (h) Advisory Council.--
            (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''.
            (2) Duties.--The Council shall advise the Secretary with 
        respect to the preparation and implementation of the management 
        plan.
            (3) Members.--The Council shall include 7 members to be 
        appointed by the Secretary. The members, to the extent 
        practicable, shall--
                    (A) reside in or within reasonable proximity to San 
                Juan County, Washington;
                    (B) have backgrounds that reflect--
                            (i) the purposes for which the National 
                        Conservation Area was established; and
                            (ii) the interests of the stakeholders that 
                        are affected by the planning and management of 
                        the National Conservation Area; and
                    (C) be fairly balanced in terms of the points of 
                view represented and the functions to be performed by 
                the Council.
            (4) Applicable law.--The Council shall be subject to--
                    (A) the Federal Advisory Committee Act (5 U.S.C. 
                App.); and
                    (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.).
            (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.
    (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--
            (1) become part of the National Conservation Area; and
            (2) be managed in accordance with--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (B) this Act; and
                    (C) any other applicable law (including 
                regulations).
    (j) Withdrawal.--
            (1) In general.--Subject to valid existing rights, all 
        Federal land and interests in land located in the National 
        Conservation Area are 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.--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.

SEC. 2. TREATY RIGHTS.

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