[Congressional Record Volume 157, Number 136 (Wednesday, September 14, 2011)]
[Senate]
[Pages S5626-S5627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL (for herself and Mrs. Murray):
  S. 1559. A bill to establish the San Juan Islands National 
Conservation Area in the San Juan Islands, Washington, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Ms. CANTWELL. Mr. President, I rise today to introduce the San Juan 
Islands National Conservation Area Act.
  The San Juan Islands in northwest Washington host some of the most 
beautiful, serene spots in the world. The San Juans are made up of 172 
islands with over 300 miles of shoreline, some little more than rocks, 
others home to towns, farms, and forests. The coastlines are a mix of 
sandy and rocky beaches, shallow and deep harbors, and placid and reef-
studded bays. And between the many islands run channels of water that 
support many of Washington's most important marine species, including 
abundant salmon runs and our majestic regional icon, the orca whale.
  Included in the San Juan Islands are nearly 1,000 acres of land owned 
by the Federal Government, spread out over 60 separate locations and 
managed by the U.S. Bureau of Land Management, BLM. These parcels, 
which range from pine forests to lighthouses, provide recreational, 
ecological, historical, cultural, and scientific benefits to island 
residents and around 70,000 tourists that visit each year.
  Despite their value, no long-term comprehensive management plan 
exists for these Federal parcels, threatening continued preservation 
and public access to these sites. Many of these areas are fragile, 
increasing the challenge of accommodating increasing numbers of 
visitors.
  In addition, San Juan Island residents have seen the possibility of 
public lands they treasure being transferred to private ownership. In 
2005, the Washington State Department of Natural Resources made a 
unilateral decision to divest itself of all its properties in San Juan 
County, including Mitchell Hill, a popular and scenic hiking trail on 
San Juan Island. While these lands were actively pursued by a private, 
out-of-state, real-estate developer, I was proud to work with the San 
Juan Island community to help secure Federal funding to keep these 
lands in the public domain.
  Unfortunately, the Bureau of Land Management lands in the San Juan 
Islands are not permanently protected or preserved in public ownership. 
Last July, Congressman Larsen, the Bureau of Land Management, and I 
visited with residents and businesses that have been working for years 
to permanently protect these special places.
  The legislation I introduce today is a direct result of our efforts 
and represents a consensus between the San Juan Island community, 
Congressman Larsen, and the Department of the Interior. If enacted, the 
San Juan Islands National Conservation Area Act will designate all 
1,000 acres of BLM lands in the San Juans as a National Conservation 
Area, ensuring that these natural treasures remain protected, 
accessible to the public, and better managed to accommodate visitor 
use.
  National Conservation Area designated lands are considered some of 
the most important Bureau of Land Management properties and are 
therefore a higher priority for management funding than non-designated 
lands they manage. Specifically, National Conservation Area status 
would ensure the San Juan Island properties are appropriately managed 
to protect their unique qualities and not grouped in with other BLM 
lands where activities such as mining, oil and gas exploration, off 
road vehicle use, and grazing are allowed. Importantly, my legislation 
requires that the management plan drafting process allows for local 
input into how these properties are to be managed for the long-term.
  A National Conservation Area designation will also foster a stronger 
working relationship with other agency partners such as the U.S. Fish 
and Wildlife Service and provide increased opportunities for sharing 
resources.
  I am looking forward to working to advance this legislation through 
the Senate Energy and Natural Resources Committee, and through the full 
Senate. Through our efforts we will work to ensure that future 
generations will be able to enjoy these special parts of the San Juan 
Islands.
  I would also like to thank my colleague Senator Murray for agreeing 
to cosponsor this legislation, and Congressman Larsen for his 
leadership and introducing companion legislation today in the House of 
Representatives.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1559

       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) 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 are 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; and
       (B) is enjoyed by residents of the area and visitors;
       (3) in 2010, the area described in paragraph (1) received 
     more than 65,000 visitors in a county with a population of 
     15,769 residents;
       (4) the area described in paragraph (1) preserves important 
     local, national, and tribal cultural and historic sites, such 
     as--
       (A) lighthouses on Patos Island, Turn Point, and Cattle 
     Point, which are registered as State Historic Structures;
       (B) numerous archaeological sites, including shell middens, 
     plank-house sites, and burial markers; and
       (C) areas of cultural importance, including ancient Coast 
     Salish camas cultivation sites, homesteads, reef-net sites, 
     and settler cabins;
       (5) the area described in paragraph (1) 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;
       (6) the area described in paragraph (1) is used by several 
     nonprofit, government, and educational organizations for 
     scientific research and education, including the San Juan 
     Islands Experimental Education Outdoor Classroom; and
       (7) establishing 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).

[[Page S5627]]

       (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 Conversation 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.
                                 ______