I

106TH CONGRESS

2D SESSION S. 2273

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 6, 2000

Referred to the Committee on Resources

AN ACT

To establish the Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area, 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 ‘‘Black Rock Desert5 High Rock Canyon Emigrant Trails National Conserva6 tion Area Act of 2000’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) The areas of northwestern Nevada known

4 as the Black Rock Desert and High Rock Canyon

5 contain and surround the last nationally significant,

6 untouched segments of the historic California emi7 grant Trails, including wagon ruts, historic inscrip8 tions, and a wilderness landscape largely unchanged

9 since the days of the pioneers.

10 (2) The relative absence of development in the

11 Black Rock Desert and high Rock Canyon areas

12 from emigrant times to the present day offers a

13 unique opportunity to capture the terrain, sights,

14 and conditions of the overland trails as they were ex15 perienced by the emigrants and to make available to

16 both present and future generations of Americans

17 the opportunity of experiencing emigrant conditions

18 in an unaltered setting.

19 (3) The Black Rock Desert and High Rock

20 Canyon areas are unique segments of the Northern

21 Great Basin and contain broad representation of the

22 Great Basin’s land forms and plant and animal spe23 cies, including golden eagles and other birds of prey,

24 sage grouse, mule deer, pronghorn antelope, bighorn

25 sheep, free roaming horses and burros, threatened

26 fish and sensitive plants.
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1 (4) The Black Rock-High Rock region contains

2 a number of cultural and natural resources that

3 have been declared eligible for National Historic

4 Landmark and Natural Landmark status, including

5 a portion of the 1843–44 John Charles Fremont ex6 ploration route, the site of the death of Peter

7 Lassen, early military facilities, and examples of

8 early homesteading and mining.

9 (5) The archeological, paleontological, and geo10 graphical resources of the Black Rock-High Rock re11 gion include numerous prehistoric and historic Na12 tive American sites, wooly mammoth sites, some of

13 the largest natural potholes of North America, and

14 a remnant dry Pleistocene lakebed (playa) where the

15 curvature of the Earth may be observed.

16 (6) The two large wilderness mosaics that

17 frame the conservation area offer exceptional oppor18 tunities for solitude and serve to protect the integ19 rity of the viewshed of the historic emigrant trails.

20 (7) Public lands in the conservation area have

21 been used for domestic livestock grazing for over a

22 century, with resultant benefits to community sta23 bility and contributions to the local and State econo24 mies. It has not been demonstrated that continu25 ation of this use would be incompatible with appro-
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1 priate protection and sound management of the re2 source values of these lands; therefore, it is expected

3 that such grazing will continue in accordance with

4 the management plan for the conservation area and

5 other applicable laws and regulations.

6 (8) The Black Rock Desert playa is a unique

7 natural resource that serves as the primary destina8 tion for the majority of visitors to the conservation

9 area, including visitors associated with large-scale

10 permitted events. It is expected that such permitted

11 events will continue to be administered in accordance

12 with the management plan for the conservation area

13 and other applicable laws and regulations.

14 SEC. 3. DEFINITIONS.

15 As used in this Act:

16 (1) The term ‘‘Secretary’’ means the Secretary

17 of the Interior.

18 (2) The term ‘‘public lands’’ has the meaning

19 stated in section 103(e) of the Federal Land Policy

20 and Management Act of 1976 (43 U.S.C. 1702(e)).

21 (3) The term ‘‘conservation area’’ means the

22 Black Rock Desert-High Rock Canyon Emigrant

23 Trails National Conservation Area established pur24 suant to section 4 of this Act.
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1 SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA.

2 (a) ESTABLISHMENT AND PURPOSES.—In order to

3 conserve, protect, and enhance for the benefit and enjoy4 ment of present and future generations the unique and

5 nationally important historical, cultural, paleontological,

6 scenic, scientific, biological, educational, wildlife, riparian,

7 wilderness, endangered species, and recreational values

8 and resources associated with the Applegate-Lassen and

9 Nobles Trails corridors and surrounding areas, there is

10 hereby established the Black Rock Desert-High Rock Can11 yon Emigrant Trails National Conservation Area in the

12 State of Nevada.

13 (b) AREAS INCLUDED.—The conservation area shall

14 consist of approximately 797,100 acres of public lands as

15 generally depicted on the map entitled ‘‘Black Rock Desert

16 Emigrant Trail National Conservation Area’’ and dated

17 July 19, 2000.

18 (c) MAPS AND LEGAL DESCRIPTION.—As soon as

19 practicable after the date of the enactment of this Act,

20 the Secretary shall submit to Congress a map and legal

21 description of the conservation area. The map and legal

22 description shall have the same force and effect as if in23 cluded in this Act, except the Secretary may correct cler24 ical and typographical errors in such map and legal de25 scription. Copies of the map and legal description shall
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1 be on file and available for public inspection in the appro2 priate offices of the Bureau of Land Management.

3 SEC. 5. MANAGEMENT.

4 (a) MANAGEMENT.—The Secretary, acting through

5 the Bureau of Land Management, shall manage the con6 servation area in a manner that conserves, protects and

7 enhances its resources and values, including those re8 sources and values specified in subsection 4(a), in accord9 ance with this Act, the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1701 et seq.), and other

11 applicable provisions of law.

12 (b) ACCESS.—

13 (1) IN GENERAL.—The Secretary shall main14 tain adequate access for the reasonable use and en15 joyment of the conservation area.

16 (2) PRIVATE LAND.—The Secretary shall pro17 vide reasonable access to privately owned land or in18 terests in land within the boundaries of the con19 servation area.

20 (3) EXISTING PUBLIC ROADS.—The Secretary

21 is authorized to maintain existing public access with22 in the boundaries of the conservation area in a man23 ner consistent with the purposes for which the con24 servation area was established.

25 (c) USES.—
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1 (1) IN GENERAL.—The Secretary shall only

2 allow such uses of the conservation area as the Sec3 retary finds will further the purposes for which the

4 conservation area is established.

5 (2) OFF-HIGHWAY VEHICLE USE.—Except

6 where needed for administrative purposes or to re7 spond to an emergency, use of motorized vehicles in

8 the conservation area shall be permitted only on

9 roads and trails and in other areas designated for

10 use of motorized vehicles as part of the management

11 plan prepared pursuant to subsection (e).

12 (3) PERMITTED EVENTS.—The Secretary may

13 continue to permit large-scale events in defined, low

14 impact areas of the Black Rock Desert playa in the

15 conservation area in accordance with the manage16 ment plan prepared pursuant to subsection (e).

17 (d) HUNTING, TRAPPING, AND FISHING.—Nothing in

18 this Act shall be deemed to diminish the jurisdiction of

19 the State of Nevada with respect to fish and wildlife man20 agement, including regulation of hunting and fishing, on

21 public lands within the conservation area.

22 (e) MANAGEMENT PLAN.—Within three years fol23 lowing the date of enactment of this Act, the Secretary

24 shall develop a comprehensive resource management plan

25 for the long-term protection and management of the con-
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1 servation area. The plan shall be developed with full public

2 participation and shall describe the appropriate uses and

3 management of the conservation area consistent with the

4 provisions of this Act. The plan may incorporate appro5 priate decisions contained in any current management or

6 activity plan for the area and may use information devel7 oped in previous studies of the lands within or adjacent

8 to the conservation area.

9 (f) GRAZING.—Where the Secretary of the Interior

10 currently permits livestock grazing in the conservation

11 area, such grazing shall be allowed to continue subject to

12 all applicable laws, regulations, and executive orders.

13 (g) VISITOR SERVICE FACILITIES.—The Secretary is

14 authorized to establish, in cooperation with other public

15 or private entities as the Secretary may deem appropriate,

16 visitor service facilities for the purpose of providing infor17 mation about the historical, cultural, ecological, rec18 reational, and other resources of the conservation area.

19 SEC. 6. WITHDRAWAL.

20 (a) IN GENERAL.—Subject to valid existing rights,

21 all Federal lands within the conservation area and all

22 lands and interests therein which are hereafter acquired

23 by the United States are hereby withdrawn from all forms

24 of entry, appropriation, or disposal under the public land

25 laws, from location, entry, and patent under the mining
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1 laws, from operation of the mineral leasing and geo2 thermal leasing laws and from the minerals materials laws

3 and all amendments thereto.

4 SEC. 7. NO BUFFER ZONES.

5 The Congress does not intend for the establishment

6 of the conservation area to lead to the creation of protec7 tive perimeters or buffer zones around the conservation

8 area. The fact that there may be activities or uses on lands

9 outside the conservation area that would not be permitted

10 in the conservation area shall not preclude such activities

11 or uses on such lands up to the boundary of the conserva12 tion area consistent with other applicable laws.

13 SEC. 8. WILDERNESS.

14 (a) DESIGNATION.—In furtherance of the purposes of

15 the Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), the

16 following lands in the State of Nevada are designated as

17 wilderness, and, therefore, as components of the National

18 Wilderness Preservation System:

19 (1) Certain lands in the Black Rock Desert

20 Wilderness Study Area comprised of approximately

21 315,700 acres, as generally depicted on a map enti22 tled ‘‘Black Rock Desert Wilderness—Proposed’’

23 and dated July 19, 2000, and which shall be known

24 as the Black Rock Desert Wilderness.
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1 (2) Certain lands in the Pahute Peak Wilder2 ness Study Area comprised of approximately 57,400

3 acres, as generally depicted on a map entitled

4 ‘‘Pahute Peak Wilderness—Proposed’’ and dated

5 July 19, 2000, and which shall be known as the

6 Pahute Peak Wilderness.

7 (3) Certain lands in the North Black Rock

8 Range Wilderness Study Area comprised of approxi9 mately 30,800 acres, as generally depicted on a map

10 entitled ‘‘North Black Rock Range Wilderness—Pro11 posed’’ and dated July 19, 2000, and which shall be

12 known as the North Black Rock Range Wilderness.

13 (4) Certain lands in the East Fork High Rock

14 Canyon Wilderness Study Area comprised of ap15 proximately 52,800 acres, as generally depicted on a

16 map entitled ‘‘East Fork High Rock Canyon Wilder17 ness—Proposed’’ and dated July 19, 2000, and

18 which shall be known as the East Fork High Rock

19 Canyon Wilderness.

20 (5) Certain lands in the High Rock Lake Wil21 derness Study Area comprised of approximately

22 59,300 acres, as generally depicted on a map enti23 tled ‘‘High Rock Lake Wilderness—Proposed’’ and

24 dated July 19, 2000, and which shall be known as

25 the High Rock Lake Wilderness.
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1 (6) Certain lands in the Little High Rock Can2 yon Wilderness Study Area comprised of approxi3 mately 48,700 acres, as generally depicted on a map

4 entitled ‘‘Little High Rock Canyon Wilderness—Pro5 posed’’ and dated July 19, 2000, and which shall be

6 known as the Little High Rock Canyon Wilderness.

7 (7) Certain lands in the High Rock Canyon

8 Wilderness Study Area and Yellow Rock Canyon

9 Wilderness Study Area comprised of approximately

10 46,600 acres, as generally depicted on a map enti11 tled ‘‘High Rock Canyon Wilderness—Proposed’’

12 and dated July 19, 2000, and which shall be known

13 as the High Rock Canyon Wilderness.

14 (8) Certain lands in the Calico Mountains Wil15 derness Study Area comprised of approximately

16 65,400 acres, as generally depicted on a map enti17 tled ‘‘Calico Mountains Wilderness—Proposed’’ and

18 dated July 19, 2000, and which shall be known as

19 the Calico Mountains Wilderness.

20 (9) Certain lands in the South Jackson Moun21 tains Wilderness Study Area comprised of approxi22 mately 56,800 acres, as generally depicted on a map

23 entitled ‘‘South Jackson Mountains Wilderness—

24 Proposed’’ and dated July 19, 2000, and which shall
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1 be known as the South Jackson Mountains Wilder2 ness.

3 (10) Certain lands in the North Jackson Moun4 tains Wilderness Study Area comprised of approxi5 mately 24,000 acres, as generally depicted on a map

6 entitled ‘‘North Jackson Mountains Wilderness—

7 Proposed’’ and dated July 19, 2000, and which shall

8 be known as the North Jackson Mountains Wilder9 ness.

10 (b) ADMINISTRATION OF WILDERNESS AREAS.—

11 Subject to valid existing rights, each wilderness area des12 ignated by this Act shall be administered by the Secretary

13 in accordance with the provisions of the Wilderness Act,

14 except that any reference in such provisions to the effec15 tive date of the Wilderness Act shall be deemed to be a

16 reference to the date of enactment of this Act and any

17 reference to the Secretary of Agriculture shall be deemed

18 to be a reference to the Secretary of the Interior.

19 (c) MAPS AND LEGAL DESCRIPTION.—As soon as

20 practicable after the date of the enactment of this Act,

21 the Secretary shall submit to Congress a map and legal

22 description of the wilderness areas designated under this

23 Act. The map and legal description shall have the same

24 force and effect as if included in this Act, except the Sec25 retary may correct clerical and typographical errors in
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1 such map and legal description. Copies of the map and

2 legal description shall be on file and available for public

3 inspection in the appropriate offices of the Bureau of

4 Land Management.

5 (d) GRAZING.—Within the wilderness areas des6 ignated under subsection (a), the grazing of livestock,

7 where established prior to the date of enactment of this

8 Act, shall be permitted to continue subject to such reason9 able regulations, policies, and practices as the Secretary

10 deems necessary, as long as such regulations, policies, and

11 practices fully conform with and implement the intent of

12 Congress regarding grazing in such areas as such intent

13 is expressed in the Wilderness Act and section 101(f) of

14 Public Law 101–628.

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

16 There is hereby authorized to be appropriated such

17 sums as may be necessary to carry out the provisions of

18 this Act.

Passed the Senate October 5 (legislative day, September 22), 2000.

Attest: GARY SISCO,

Secretary.