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Union Calendar No. 489

106TH CONGRESS

2D SESSION H. R. 1751

[Report No. 106–831]

To establish the Carrizo Plain National Conservation Area in the State

of California, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 11, 1999

Mrs. CAPPS (for herself, Mr. THOMAS, Mr. DOOLEY of California, Mr. LEWIS

of California, Mr. FILNER, Ms. LOFGREN, and Mr. LANTOS) introduced

the following bill; which was referred to the Committee on Resources

SEPTEMBER 7, 2000

Additional sponsor: Mr. FARR of California

SEPTEMBER 7, 2000

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 11, 1999]

A BILL

To establish the Carrizo Plain National Conservation Area

in the State of California, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Carrizo Plain National

3 Conservation Area Act of 2000’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) The public lands administered by the Bureau

7 of Land Management in the State of California with8 in the Carrizo Plain contain the last remnants of the

9 once vast San Joaquin Valley grasslands that covered

10 a large expanse of central California.

11 (2) As a remnant ecosystem, these lands provide

12 the best remaining contiguous habitat for a number

13 of State or federally listed endangered species or

14 threatened species, including the San Joaquin kit fox,

15 the blunt-nosed leopard lizard, the giant kangaroo

16 rat, and the San Joaquin antelope squirrel, and nu17 merous other federally or State listed or sensitive

18 plant and animal species. Many other important spe19 cies of native wildlife inhabit the area, such as

20 pronghorn antelope and tule elk.

21 (3) In addition to its biological diversity,

22 Carrizo Plain contains nationally significant cultural

23 and historical sites which are very important to in24 digenous peoples in the area for religious and tradi25 tional cultural purposes.
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1 (4) The Carrizo Plain area also contains one of

2 the best and most visible exposures of the geologically

3 unique San Andreas fault, which is the boundary be4 tween the Pacific Plate (on the west) which moves

5 northward relative to the North American Plate (on

6 the east) and has and will continue to play a critical

7 role in the evolution and future of California.

8 (5) The Carrizo Plain offers unique research, in9 terpretive, and educational opportunities, and signifi10 cant recreation opportunities for the public.

11 (6) Since 1985, the Carrizo Plain has been coop12 eratively managed by the Bureau of Land Manage13 ment, the California Department of Fish and Game,

14 and The Nature Conservancy, each of which owns a

15 part of the Carrizo Plain and all of which work close16 ly together in a manner that makes jurisdictional dif17 ferences among them nearly transparent.

18 (7) A cooperative management plan has been

19 prepared for the Carrizo Plain by the Bureau of

20 Land Management, the California Department of

21 Fish and Game, and The Nature Conservancy, with

22 full public involvement, that sets the stage for long23 term joint management of the area for public use and

24 enjoyment.
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1 (8) This management plan is based on the agen2 cies’ joint primary mission as set forth in the plan

3 to ‘‘manage the Carrizo Plain . . . so indigenous

4 species interact within a dynamic and fully func5 tioning ecosystem in perpetuity while conserving

6 unique natural and cultural resources and maintain7 ing opportunities for compatible scientific, cultural,

8 social, and recreational activities’’. In this context,

9 and under the basic principles of multiple use and

10 sustained yield, other resource uses, such as livestock

11 grazing and recreation use, are allowed under the

12 management plan in the conservation area if they are

13 managed in a manner compatible with that primary

14 mission.

15 SEC. 3. ESTABLISHMENT OF THE NATIONAL CONSERVA16 TION AREA.

17 (a) ESTABLISHMENT AND PURPOSES.—To preserve the

18 nationally significant biological, geological, cultural, and

19 recreation values found in the Carrizo Plain, California,

20 as an enduring legacy of our heritage, and to secure for

21 future generations the opportunity to experience those val22 ues in an environment rich in biological diversity and nat23 ural beauty, the area described in subsection (b) is hereby

24 designated as the Carrizo Plain National Conservation

25 Area.
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1 (b) AREA DESCRIBED.—

2 (1) BOUNDARY MAP.—The area referred to in

3 subsection (a) consists of approximately 250,000 acres

4 of lands and waters, and interests therein, as gen5 erally depicted on the map entitled ‘‘Boundary Map,

6 Carrizo Plain National Conservation Area’’, dated

7 February 1999.

8 (2) LEGAL DESCRIPTION.—As soon as prac9 ticable after the date of the enactment of this Act, the

10 Secretary shall file a legal description of the conserva11 tion area with the Committee on Resources of the

12 House of Representatives and with the Committee on

13 Energy and Natural Resources of the Senate. Such

14 legal description shall have the same force and effect

15 as if included in this Act, subject to paragraph (3).

16 (3) REVISIONS AND CORRECTIONS.—The Sec17 retary may—

18 (A) make minor revisions in the boundary

19 of the conservation area; and

20 (B) correct clerical and typographical er21 rors in the map and legal description referred to

22 in paragraphs (1) and (2), respectively.

23 (4) PUBLIC AVAILABILITY.—The Secretary shall

24 keep the map and legal description referred to in

25 paragraphs (1) and (2), respectively, on file and
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1 available for public inspection in the offices of the Di2 rector in the District of Columbia and in Sacramento

3 and Bakersfield, California.

4 SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.

5 (a) IN GENERAL.—The Secretary, acting through the

6 Director, shall manage the public lands within the con7 servation area in a manner that conserves, protects, and

8 enhances its resources and values in accordance with this

9 Act, and pursuant to the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1701 et seq.), and in accord11 ance with all applicable laws and the management plan.

12 (b) USES.—The Secretary shall allow only such uses

13 of the conservation area as the Secretary finds will further

14 the purposes for which the conservation area is designated.

15 (c) VEHICULAR USE.—Use of motorized vehicles or

16 mechanized transport in the conservation area is prohib17 ited, except—

18 (1) where needed for administrative purposes or

19 to respond to an emergency; or

20 (2) on roads and trails that—

21 (A) existed as of May 11, 1999; and

22 (B) are specifically designated for such use

23 as part of the management plan revised pursu24 ant to subsection (g).
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1 (d) HUNTING AND FISHING.—Hunting and fishing

2 shall be permitted within the conservation area in accord3 ance with applicable laws and regulations of the United

4 States and the State of California; except that the Sec5 retary, after consultation with the California Department

6 of Fish and Game, may issue regulations designating zones

7 where and establishing periods when no hunting or fishing

8 shall be permitted for reasons of public safety, administra9 tion, or public use and enjoyment.

10 (e) GRAZING.—Livestock grazing within the conserva11 tion area shall be conducted in a manner that is compatible

12 with the purposes for which the conservation area is estab13 lished. The management plan revised pursuant to sub14 section (g) shall specify resource objectives to be met through

15 grazing within the conservation area.

16 (f) INTERPRETIVE SITES.—The Secretary may estab17 lish, in cooperation with other public or private entities as

18 the Secretary may consider appropriate, interpretive sites

19 that are minimal in scope to meet administrative and vis20 itor needs of the conservation area. Any facilities for such

21 sites shall be designed to protect cultural, historic, biologic,

22 scientific, and esthetic values of the conservation area.

23 (g) REVIEW AND REVISION OF MANAGEMENT PLAN.—

24 The Secretary of the Interior, in cooperation with the Direc-
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1 tor, the California Department of Fish and Game, affected

2 landowners, and The Nature Conservancy—

3 (1) shall, by not later than 1 year after the date

4 of the enactment of this Act, review the management

5 plan referred to in section 9(4) and make such revi6 sions in that plan as are necessary to ensure that it

7 is consistent with the this Act and with the conserva8 tion, enhancement, and protection of the conservation

9 area; and

10 (2) may from time to time thereafter make such

11 revisions as are necessary to ensure that consistency.

12 (h) GIFTS.—The Secretary may accept, receive, hold,

13 administer, and use any gift, devise, or bequest, absolutely

14 or in trust, of real or personal property, including any in15 come from or interest in property or any funds, for manage16 ment of the conservation area for the purposes for which

17 the conservation area is established under section 3(a).

18 (i) FUNDING ACCOUNT.—

19 (1) IN GENERAL.—To fund management activi20 ties for the conservation area, there is established in

21 the Treasury a separate account to be known as the

22 Carizzo Plain National Conservation Area Manage23 ment Fund.

24 (2) CONTENTS.—The account shall consist of—
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1 (A) amounts received as fees for activities

2 in the conservation area;

3 (B) amounts received by the United States

4 as a gift, devise, or bequest authorized by sub5 section (h); and

6 (C) amounts appropriated to the account.

7 (3) USE.—Amounts in the account shall be

8 available to the Secretary for management of the con9 servation area pursuant to the purposes for which the

10 conservation is established under section 3(a).

11 (j) ADVISORY COUNCIL.—

12 (1) ESTABLISHMENT.—The Secretary shall estab13 lish a Carrizo Plain National Conservation Area Ad14 visory Council to advise the Secretary with respect to

15 preparation and implementation of the management

16 plan pursuant to subsection (g). The Advisory Coun17 cil shall conform to the requirements of the Federal

18 Advisory Committee Act (88 Stat. 770; 5 U.S.C.

19 App.) and the Federal Land Policy and Management

20 Act of 1976 (43 U.S.C. 1701 et seq.).

21 (2) REPRESENTATION.—The Advisory Council

22 shall consist of 15 members to be appointed by the

23 Secretary. The members shall be persons with local

24 and regional involvement as well as recognized back-
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1 grounds in areas directly related to the purposes for

2 which the conservation area is designated.

3 SEC. 5. LAND ACQUISITION.

4 (a) LAND ACQUISITION.—The Secretary may acquire

5 lands and interests therein within the conservation area by

6 donation, by exchange, or by purchase with the consent of

7 the owner thereof.

8 (b) MANAGEMENT.—Lands or interests therein within

9 the conservation area so acquired by the United States

10 shall, after the date of the enactment of this Act, be incor11 porated into and managed as part of the conservation area.

12 SEC. 6. WITHDRAWAL; MINERAL DEVELOPMENT.

13 (a) WITHDRAWAL.—Subject to valid existing rights, all

14 Federal lands within the conservation area, including all

15 lands or interests acquired by the United States after the

16 date of enactment of this Act, are hereby withdrawn from

17 all forms of entry, appropriation, or disposal under the

18 public land laws and from location, entry, and patent

19 under the mining laws of the United States.

20 (b) MINERAL DEVELOPMENT.—

21 (1) IN GENERAL.—Except as provided in para22 graph (2), mineral development may occur in the con23 servation area pursuant to the Act of February 25,

24 1920 (30 U.S.C. 181 et seq.; popularly known as the

25 Mineral Leasing Act), and laws supplementary there-
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1 to, or the Act of July 31, 1947 (30 U.S.C. 601 et seq.;

2 popularly known as the Materials Act of 1947), and

3 laws supplementary thereto, only to the extent that

4 development is consistent with the management plan.

5 (2) STATE AND PRIVATE LANDS AND INTERESTS

6 NOT AFFECTED.—This subsection shall not affect any

7 State or privately owned lands or interests in lands.

8 SEC. 7. COOPERATIVE AGREEMENTS.

9 The Secretary may, consistent with the management

10 plan, enter into any cooperative agreements or shared man11 agement arrangements with any person for the purposes of

12 management, interpretation, and research of the conserva13 tion area’s resources.

14 SEC. 8. NATIVE AMERICAN USES.

15 (a) NATIVE AMERICAN USES.—The Secretary shall en16 sure nonexclusive access to and use of the public lands in

17 the conservation area by Native Americans for traditional

18 cultural and religious purposes consistent with the Amer19 ican Indian Religious Freedom Act (42 U.S.C. 1996).

20 (b) TEMPORARY CLOSURE.—To implement this sec21 tion, the Secretary may from time to time temporarily close

22 to general public use any specific areas of public lands in

23 the conservation area in order to protect the privacy of Na24 tive American religious activities in such areas. Any such

25 closure shall be made in such manner as will affect the
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1 smallest practicable area for the minimum period necessary

2 for such purposes.

3 SEC. 9. DEFINITIONS.

4 In this Act:

5 (1) CONSERVATION AREA.—The term ‘‘conserva6 tion area’’ means the Carrizo Plain National Con7 servation Area designated under section 3(a).

8 (2) CALIFORNIA DEPARTMENT OF FISH AND

9 GAME.—The term ‘‘California Department of Fish

10 and Game’’ means the public entity within the State

11 of California’s Resources Agency established by the

12 laws of the State of California to administer the fish

13 and wildlife resources in the State on behalf of the

14 people of California.

15 (3) DIRECTOR.—The term ‘‘Director’’ means the

16 Director of the Bureau of Land Management.

17 (4) MANAGEMENT PLAN.—The term ‘‘manage18 ment plan’’ means the management plan developed

19 cooperatively by the Bureau of Land Management,

20 the California Department of Fish and Game, and

21 The Nature Conservancy, entitled ‘‘The Carrizo Plain

22 Natural Area Management Plan’’ and dated Novem23 ber 1996, as such plan may be revised by the Sec24 retary under section 4(b).
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (6) THE NATURE CONSERVANCY.—The term ‘‘The

4 Nature Conservancy’’ means the nonprofit organiza5 tion established under laws of the State of Virginia

6 and doing business in that name.
Union Calendar No. 489

106TH CONGRESS

2D SESSION H. R. 1751

[Report No. 106–831]

A BILL

To establish the Carrizo Plain National Conservation Area in the State of California, and for

other purposes.

SEPTEMBER 7, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed