II 

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. 

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) the land managed by the Bureau of Land 

9 Management in the San Juan Archipelago in the 


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1 State of Washington comprising nearly 1,000 acres 

2 of small islands, rocks and reef, headlands, historic 

3 lighthouses, and ecologically important areas is 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; 

10 (B) is enjoyed by the 15,844 year-round 

11 residents of the area; 

12 (C) provides attractions for many of the 

13 more than 750,000 visitors to San Juan Island 

14 County each year; 

15 (D) preserves important local, national, 

16 and tribal cultural and historic sites, such as— 

17 (i) lighthouses on Patos Island, Turn 

18 Point, and Cattle Point, which are reg19 istered as State Historic Structures; 

20 (ii) numerous archaeological sites, in21 cluding shell middens, plank-house sites, 

22 and burial markers; and 

23 (iii) areas of cultural importance, in24 cluding ancient Coast Salish camas cultivaVerDate Mar 15 2010 22:34 Mar 08, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S497.IS S497

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1 tion sites, homesteads, reef-net sites, and 

2 settler cabins; 

3 (E) includes vanishing coastal flower 

4 meadows, spruce bogs, groves of Garry oaks 

5 and endemic coastal junipers, and other rare 

6 and fragile ecosystems that support numerous 

7 plant species and provide nesting habitat for 

8 seabirds, songbirds, bats, and other small native 

9 mammals; 

10 (F) is used by several nonprofit, govern11 ment, and educational organizations for sci12 entific research and education, including the 

13 San Juan Islands Experimental Education Out14 door Classroom; 

15 (G) was identified by the Secretary of the 

16 Interior in November 2011 as 1 of 18 areas of 

17 public land in 9 States that was a ‘‘crown 

18 jewel’’ warranting immediate and permanent 

19 protection by Congress; and 

20 (H) the establishment of the San Juan Is21 lands National Conservation Area is the best 

22 way to preserve, protect, enhance, and restore 

23 a landscape that is of local and national impor24 tance. 

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


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

2 benefit and enjoyment of present and future genera3 tions the ecological, scenic, wildlife, recreational, cul4 tural, historical, natural, educational, and scientific 

5 resources of the National Conservation Area; and 

6 (2) to protect each species that is— 

7 (A) located in the National Conservation 

8 Area; and 

9 (B) listed as a threatened or endangered 

10 species on the list of threatened species or the 

11 list of endangered species published under sec12 tion 4(c)(1) of the Endangered Species Act of 

13 1973 (16 U.S.C. 1533(c)(1)). 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

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

17 Council’’ means the San Juan Islands National Con18 servation Area Advisory Council established under 

19 section 4(e). 

20 (2) MANAGEMENT PLAN.—The term ‘‘manage21 ment plan’’ means the management plan for the Na22 tional Conservation Area developed under section 

23 4(b). 

24 (3) NATIONAL CONSERVATION AREA.—The 

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


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1 Juan Islands National Conservation Area established 

2 by section 4(a). 

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

4 the Secretary of the Interior. 

5 SEC. 4. SAN JUAN ISLANDS NATIONAL CONSERVATION 

6 AREA. 

7 (a) ESTABLISHMENT.—Subject to valid existing 

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

9 San Juan Islands National Conservation Area, consisting 

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

11 of Washington, as generally depicted on the map entitled 

12 ‘‘Proposed San Juan Islands National Conservation Area’’ 

13 and dated June 30, 2011. 

14 (b) MANAGEMENT PLAN.— 

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

16 the date of enactment of this Act and in accordance 

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

18 comprehensive plan for the long-term management 

19 of the National Conservation Area. 

20 (2) CONSULTATION.—In developing the man21 agement plan required under paragraph (1), the 

22 Secretary shall consult with— 

23 (A) appropriate State, tribal, and local 

24 governmental entities; and 

25 (B) members of the public. 


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1 (c) MANAGEMENT.— 

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

3 the National Conservation Area— 

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

5 and enhances the resources of the National 

6 Conservation Area; and 

7 (B) in accordance with— 

8 (i) the Federal Land Policy and Man9 agement Act of 1976 (43 U.S.C. 1701 et 

10 seq.); 

11 (ii) this Act; and 

12 (iii) any other applicable law (includ13 ing regulations). 

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

15 of the National Conservation Area that the Sec16 retary determines would further a purpose described 

17 in section 2(b). 

18 (3) MOTORIZED VEHICLES.—Except as needed 

19 for administrative purposes or to respond to an 

20 emergency, the use of motorized vehicles in the Na21 tional Conservation Area shall be permitted only on 

22 roads designated by the management plan for the 

23 use of motorized vehicles. 

24 (4) WILDLAND FIRE OPERATIONS.—Nothing in 

25 this Act prohibits the Secretary, in cooperation with 


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1 other Federal, State, and local agencies, as appro2 priate, from conducting wildland fire operations in 

3 the National Conservation Area, consistent with the 

4 purposes of this Act. 

5 (5) INVASIVE SPECIES AND NOXIOUS WEEDS.— 

6 In accordance with any applicable laws and subject 

7 to such terms and conditions as the Secretary deter8 mines to be appropriate, the Secretary may prescribe 

9 measures to control nonnative invasive plants and 

10 noxious weeds within the National Conservation 

11 Area. 

12 (6) TRIBAL CULTURAL USES.—The Secretary 

13 shall, in consultation with Indian tribes— 

14 (A) ensure the protection of religious and 

15 cultural sites in the National Conservation 

16 Area; and 

17 (B) provide access to the sites by members 

18 of Indian tribes for traditional cultural and cus19 tomary uses, consistent with Public Law 95– 

20 341 (commonly known as the ‘‘American Indian 

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

22 (d) NO BUFFER ZONES.— 

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

24 a protective perimeter or buffer zone around the Na25 tional Conservation Area. 


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1 (2) ACTIVITIES OUTSIDE CONSERVATION

2 AREA.—The fact that an activity or use on land out3 side the National Conservation Area can be seen or 

4 heard within the National Conservation Area shall 

5 not preclude the activity or use outside the boundary 

6 of the National Conservation Area. 

7 (3) ACQUISITION OF LAND.— 

8 (A) IN GENERAL.—The Secretary may ac9 quire non-Federal land within the boundaries of 

10 the National Conservation Area only through 

11 exchange, donation, or purchase from a willing 

12 seller. 

13 (B) MANAGEMENT.—Land acquired under 

14 subparagraph (A) shall become part of the Na15 tional Conservation Area. 

16 (e) ADVISORY COUNCIL.— 

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

18 after the date of enactment of this Act, the Sec19 retary shall establish an advisory council, to be 

20 known as the ‘‘San Juan Islands National Conserva21 tion Area Advisory Council’’. 

22 (2) MEMBERS.— 

23 (A) COMPOSITION.—The Advisory Council 

24 shall be composed of 7 members, to be ap25 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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