[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 497 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 497

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2013

  Ms. Cantwell (for herself and Mrs. Murray) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           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. SHORT TITLE.

    This Act may be cited as the ``San Juan Islands National 
Conservation Area Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the land managed by the Bureau of Land Management in 
        the San Juan Archipelago in the State of Washington comprising 
        nearly 1,000 acres of small islands, rocks and reef, headlands, 
        historic lighthouses, and ecologically important areas is of 
        great value to people in the State of Washington and the United 
        States;
            (2) the area described in paragraph (1)--
                    (A) provides recreational opportunities for hiking, 
                wildlife viewing, boating, picnicking, photography, sea 
                kayaking, and camping;
                    (B) is enjoyed by the 15,844 year-round residents 
                of the area;
                    (C) provides attractions for many of the more than 
                750,000 visitors to San Juan Island County each year;
                    (D) preserves important local, national, and tribal 
                cultural and historic sites, such as--
                            (i) lighthouses on Patos Island, Turn 
                        Point, and Cattle Point, which are registered 
                        as State Historic Structures;
                            (ii) numerous archaeological sites, 
                        including shell middens, plank-house sites, and 
                        burial markers; and
                            (iii) areas of cultural importance, 
                        including ancient Coast Salish camas 
                        cultivation sites, homesteads, reef-net sites, 
                        and settler cabins;
                    (E) includes 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;
                    (F) is used by several nonprofit, government, and 
                educational organizations for scientific research and 
                education, including the San Juan Islands Experimental 
                Education Outdoor Classroom;
                    (G) was identified by the Secretary of the Interior 
                in November 2011 as 1 of 18 areas of public land in 9 
                States that was a ``crown jewel'' warranting immediate 
                and permanent protection by Congress; and
                    (H) the establishment of the San Juan Islands 
                National Conservation Area is the best way to preserve, 
                protect, enhance, and restore a landscape that is of 
                local and national importance.
    (b) Purposes.--The purposes of this Act are--
            (1) 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
            (2) to protect each species that is--
                    (A) located in the National Conservation Area; and
                    (B) 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)).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``Advisory Council'' means 
        the San Juan Islands National Conservation Area Advisory 
        Council established under section 4(e).
            (2) Management plan.--The term ``management plan'' means 
        the management plan for the National Conservation Area 
        developed under section 4(b).
            (3) National conservation area.--The term ``National 
        Conservation Area'' means the San Juan Islands National 
        Conservation Area established by section 4(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. SAN JUAN ISLANDS NATIONAL CONSERVATION AREA.

    (a) Establishment.--Subject to valid existing rights, there is 
established in the State of Washington the San Juan Islands National 
Conservation Area, consisting of approximately 1,000 acres of public 
land in the State of Washington, as generally depicted on the map 
entitled ``Proposed San Juan Islands National Conservation Area'' and 
dated June 30, 2011.
    (b) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        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.
    (c) 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 section 2(b).
            (3) Motorized vehicles.--Except as 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 appropriate, the Secretary may 
        prescribe measures to control nonnative invasive plants and 
        noxious weeds within the National Conservation Area.
            (6) Tribal cultural uses.--The Secretary shall, in 
        consultation with Indian tribes--
                    (A) ensure the protection of religious and cultural 
                sites in the National Conservation Area; and
                    (B) 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).
    (d) 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 National 
                Conservation Area only through exchange, donation, or 
                purchase from a willing seller.
                    (B) Management.--Land acquired under subparagraph 
                (A) shall become part of the National Conservation 
                Area.
    (e) Advisory Council.--
            (1) Establishment.--Not later than 180 days after the date 
        of 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) Members.--
                    (A) Composition.--The Advisory Council shall be 
                composed of 7 members, to be appointed by the 
                Secretary.
                    (B) Qualifications.--To the maximum extent 
                practicable, the members appointed under subparagraph 
                (A) shall--
                            (i) reside in or within reasonable 
                        proximity to San Juan County, Washington;
                            (ii) 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
                            (iii) be fairly balanced in terms of the 
                        points of view represented and the functions to 
                        be performed by the Advisory Council.
            (3) Duties.--The Advisory Council shall advise the 
        Secretary with respect to the preparation and implementation of 
        the management plan.
            (4) Applicable law.--The Advisory 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) Termination.--The Advisory Council shall terminate on 
        the date that is 1 year after the date on which the management 
        plan is adopted by the Secretary.
    (f) Incorporation of Acquired Land and Interests.--Any land 
acquired by the United States after the date of 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).
    (g) Withdrawal.--
            (1) In general.--Subject to valid existing rights, all 
        Federal land (including interests in the Federal land) located 
        in the National Conservation Area 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.--Any land acquired by the United 
        States after the date of 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.
    (h) Effect.--Nothing in this Act alters, modifies, enlarges, 
diminishes, or abrogates the treaty rights of any Indian tribe.
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