II 

112TH CONGRESS 

1ST SESSION S. 1559 

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 

SEPTEMBER 14, 2011 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘San Juan Islands Na5 tional Conservation Area Act’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) land managed by the Bureau of Land Man9 agement in the San Juan Archipelago in the State 


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1 of Washington comprising nearly 1,000 acres of 

2 small islands, rocks and reef, headlands, historic 

3 lighthouses, and ecologically important areas are of 

4 great value to people in the State of Washington and 

5 the United States; 

6 (2) the area described in paragraph (1)— 

7 (A) provides recreational opportunities for 

8 hiking, wildlife viewing, boating, picnicking, 

9 photography, sea kayaking, and camping; and 

10 (B) is enjoyed by residents of the area and 

11 visitors; 

12 (3) in 2010, the area described in paragraph 

13 (1) received more than 65,000 visitors in a county 

14 with a population of 15,769 residents; 

15 (4) the area described in paragraph (1) pre16 serves important local, national, and tribal cultural 

17 and historic sites, such as— 

18 (A) lighthouses on Patos Island, Turn 

19 Point, and Cattle Point, which are registered as 

20 State Historic Structures; 

21 (B) numerous archaeological sites, includ22 ing shell middens, plank-house sites, and burial 

23 markers; and 


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1 (C) areas of cultural importance, including 

2 ancient Coast Salish camas cultivation sites, 

3 homesteads, reef-net sites, and settler cabins; 

4 (5) the area described in paragraph (1) includes 

5 vanishing coastal flower meadows, spruce bogs, 

6 groves of Garry oaks and endemic coastal junipers, 

7 and other rare and fragile ecosystems that support 

8 numerous plant species and provide nesting habitat 

9 for seabirds, songbirds, bats, and other small native 

10 mammals; 

11 (6) the area described in paragraph (1) is used 

12 by several nonprofit, government, and educational 

13 organizations for scientific research and education, 

14 including the San Juan Islands Experimental Edu15 cation Outdoor Classroom; and 

16 (7) establishing the San Juan Islands National 

17 Conservation Area is the best way to preserve, pro18 tect, enhance, and restore a landscape that is of 

19 local and national importance. 

20 (b) PURPOSES.—The purposes of this Act are— 

21 (1) to conserve, protect, and enhance for the 

22 benefit and enjoyment of present and future genera23 tions the ecological, scenic, wildlife, recreational, cul24 tural, historical, natural, educational, and scientific 

25 resources of the National Conservation Area; and 


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1 (2) to protect each species that is— 

2 (A) located in the National Conservation 

3 Area; and 

4 (B) listed as a threatened or endangered 

5 species on the list of threatened species or the 

6 list of endangered species published under sec7 tion 4(c)(1) of the Endangered Species Act of 

8 1973 (16 U.S.C. 1533(c)(1)). 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) ADVISORY COUNCIL.—The term ‘‘Advisory 

12 Council’’ means the San Juan Islands National Con13 servation Area Advisory Council established under 

14 section 4(e). 

15 (2) MANAGEMENT PLAN.—The term ‘‘manage16 ment plan’’ means the management plan for the Na17 tional Conservation Area developed under section 

18 4(b). 

19 (3) NATIONAL CONSERVATION AREA.—The 

20 term ‘‘National Conservation Area’’ means the San 

21 Juan Islands National Conservation Area established 

22 by section 4(a). 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 


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1 SEC. 4. SAN JUAN ISLANDS NATIONAL CONSERVATION 

2 AREA. 

3 (a) ESTABLISHMENT.—Subject to valid existing 

4 rights, there is established in the State of Washington the 

5 San Juan Islands National Conservation Area, consisting 

6 of approximately 1,000 acres of public land in the State 

7 of Washington, as generally depicted on the map entitled 

8 ‘‘Proposed San Juan Islands National Conversation Area’’ 

9 and dated June 30, 2011. 

10 (b) MANAGEMENT PLAN.— 

11 (1) IN GENERAL.—Not later than 3 years after 

12 the date of enactment of this Act and in accordance 

13 with paragraph (2), the Secretary shall develop a 

14 comprehensive plan for the long-term management 

15 of the National Conservation Area. 

16 (2) CONSULTATION.—In developing the man17 agement plan required under paragraph (1), the 

18 Secretary shall consult with— 

19 (A) appropriate State, tribal, and local 

20 governmental entities; and 

21 (B) members of the public. 

22 (c) MANAGEMENT.— 

23 (1) IN GENERAL.—The Secretary shall manage 

24 the National Conservation Area— 


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1 (A) in a manner that conserves, protects, 

2 and enhances the resources of the National 

3 Conservation Area; and 

4 (B) in accordance with— 

5 (i) the Federal Land Policy and Man6 agement Act of 1976 (43 U.S.C. 1701 et 

7 seq.); 

8 (ii) this Act; and 

9 (iii) any other applicable law (includ10 ing regulations). 

11 (2) USES.—The Secretary shall only allow uses 

12 of the National Conservation Area that the Sec13 retary determines would further a purpose described 

14 in section 2(b). 

15 (3) MOTORIZED VEHICLES.—Except as needed 

16 for administrative purposes or to respond to an 

17 emergency, the use of motorized vehicles in the Na18 tional Conservation Area shall be permitted only on 

19 roads designated by the management plan for the 

20 use of motorized vehicles. 

21 (4) WILDLAND FIRE OPERATIONS.—Nothing in 

22 this Act prohibits the Secretary, in cooperation with 

23 other Federal, State, and local agencies, as appro24 priate, from conducting wildland fire operations in 


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1 the National Conservation Area, consistent with the 

2 purposes of this Act. 

3 (5) INVASIVE SPECIES AND NOXIOUS WEEDS.— 

4 In accordance with any applicable laws and subject 

5 to such terms and conditions as the Secretary deter6 mines to be appropriate, the Secretary may prescribe 

7 measures to control nonnative invasive plants and 

8 noxious weeds within the National Conservation 

9 Area. 

10 (6) TRIBAL CULTURAL USES.—The Secretary 

11 shall, in consultation with Indian tribes— 

12 (A) ensure the protection of religious and 

13 cultural sites in the National Conservation 

14 Area; and 

15 (B) provide access to the sites by members 

16 of Indian tribes for traditional cultural and cus17 tomary uses, consistent with Public Law 95– 

18 341 (commonly known as the ‘‘American Indian 

19 Religious Freedom Act’’) (42 U.S.C. 1996). 

20 (d) NO BUFFER ZONES.— 

21 (1) IN GENERAL.—Nothing in this Act creates 

22 a protective perimeter or buffer zone around the Na23 tional Conservation Area. 

24 (2) ACTIVITIES OUTSIDE CONSERVATION

25 AREA.—The fact that an activity or use on land outVerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1559.IS S1559

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1 side the National Conservation Area can be seen or 

2 heard within the National Conservation Area shall 

3 not preclude the activity or use outside the boundary 

4 of the National Conservation Area. 

5 (3) ACQUISITION OF LAND.— 

6 (A) IN GENERAL.—The Secretary may ac7 quire non-Federal land within the boundaries of 

8 the National Conservation Area only through 

9 exchange, donation, or purchase from a willing 

10 seller. 

11 (B) MANAGEMENT.—Land acquired under 

12 subparagraph (A) shall become part of the Na13 tional Conservation Area. 

14 (e) ADVISORY COUNCIL.— 

15 (1) ESTABLISHMENT.—Not later than 180 days 

16 after the date of enactment of this Act, the Sec17 retary shall establish an advisory council, to be 

18 known as the ‘‘San Juan Islands National Conserva19 tion Area Advisory Council’’. 

20 (2) MEMBERS.— 

21 (A) COMPOSITION.—The Advisory Council 

22 shall be composed of 7 members, to be ap23 pointed by the Secretary. 


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1 (B) QUALIFICATIONS.—To the maximum 

2 extent practicable, the members appointed 

3 under subparagraph (A) shall— 

4 (i) reside in or within reasonable prox5 imity to San Juan County, Washington; 

6 (ii) have backgrounds that reflect— 

7 (I) the purposes for which the 

8 National Conservation Area was es9 tablished; and 

10 (II) the interests of the stake11 holders that are affected by the plan12 ning and management of the National 

13 Conservation Area; and 

14 (iii) be fairly balanced in terms of the 

15 points of view represented and the func16 tions to be performed by the Advisory 

17 Council. 

18 (3) DUTIES.—The Advisory Council shall advise 

19 the Secretary with respect to the preparation and 

20 implementation of the management plan. 

21 (4) APPLICABLE LAW.—The Advisory Council 

22 shall be subject to— 

23 (A) the Federal Advisory Committee Act 

24 (5 U.S.C. App.); and 


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1 (B) the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

3 (5) TERMINATION.—The Advisory Council shall 

4 terminate on the date that is 1 year after the date 

5 on which the management plan is adopted by the 

6 Secretary. 

7 (f) INCORPORATION OF ACQUIRED LAND AND INTER8 ESTS.—Any land acquired by the United States after the 

9 date of enactment of this Act that is located in the Na10 tional Conservation Area shall— 

11 (1) become part of the National Conservation 

12 Area; and 

13 (2) be managed in accordance with— 

14 (A) the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

16 (B) this Act; and 

17 (C) any other applicable law (including 

18 regulations). 

19 (g) WITHDRAWAL.— 

20 (1) IN GENERAL.—Subject to valid existing 

21 rights, all Federal land (including interests in the 

22 Federal land) located in the National Conservation 

23 Area is withdrawn from— 

24 (A) all forms of entry, appropriation, and 

25 disposal under the public land laws; 


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1 (B) location, entry, and patenting under 

2 the mining laws; and 

3 (C) operation of the mineral leasing, min4 eral materials, and geothermal leasing laws. 

5 (2) ADDITIONAL LAND.—Any land acquired by 

6 the United States after the date of enactment of this 

7 Act that is located in the National Conservation 

8 Area shall be withdrawn from operation of the laws 

9 referred to in paragraph (1) on the date of acquisi10 tion of the land. 

11 (h) EFFECT.—Nothing in this Act alters, modifies, 

12 enlarges, diminishes, or abrogates the treaty rights of any 

13 Indian tribe. 

Æ 


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