II

106TH CONGRESS

2D SESSION S. 2273

To establish the Black Rock Desert-High Rock Canyon Emigrant Trails

National Conservation Area, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 22, 2000

Mr. BRYAN introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

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’’.

7 SEC. 2. FINDINGS.

8 The Congress finds the following:

9 (1) The areas of northwestern Nevada known

10 as the Black Rock Desert and High Rock Canyon
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1 contain and surround the last nationally significant,

2 untouched segments of the historic California Emi3 grant Trails, including wagon ruts, historic inscrip4 tions, and a wilderness landscape largely unchanged

5 since the days of the pioneers.

6 (2) The relative absence of development in the

7 Black Rock Desert and High Rock Canyon areas

8 from emigrant times to the present day offers a

9 unique opportunity to capture the terrain, sights,

10 and conditions of the overland trails as they were ex11 perienced by the emigrants and to make available to

12 both present and future generations of Americans

13 the opportunity of experiencing emigrant conditions

14 in an unaltered setting.

15 (3) The Black Rock Desert and High Rock

16 Canyon areas are unique segments of the Northern

17 Great Basin and contain broad representation of the

18 Great Basin’s land forms and plant and animal spe19 cies, including golden eagles and other birds of prey,

20 sage grouse, mule deer, pronghorn antelope, bighorn

21 sheep, free roaming horses and burros, threatened

22 fish and sensitive plants.

23 (4) The Black Rock-High Rock region contains

24 a number of cultural and natural resources that

25 have been declared eligible for National Historic
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1 Landmark and Natural Landmark status, including

2 a portion of the 1843–44 John Charles Fremont ex3 ploration route, the site of the death of Peter

4 Lassen, early military facilities, and examples of

5 early homesteading and mining.

6 (5) The archeological, paleontological, and geo7 graphical resources of the Black Rock-High Rock re8 gion include numerous prehistoric and historic Na9 tive American sites, wooly mammoth sites, some of

10 the largest natural potholes of North America, and

11 a remnant dry Pleistocene lakebed (playa) where the

12 curvature of the Earth may be observed.

13 (6) The two large wilderness mosaics that

14 frame the conservation area offer exceptional oppor15 tunities for solitude and serve to protect the integ16 rity of the viewshed of the historic emigrant trails.

17 (7) Public lands in the conservation area have

18 been used for domestic livestock grazing for over a

19 century, with resultant benefits to community sta20 bility and contributions to the local and State econo21 mies. It has not been demonstrated that continu22 ation of this use would be incompatible with appro23 priate protection and sound management of the re24 source values of these lands; therefore, it is expected

25 that such grazing will continue in accordance with
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1 the management plan for the conservation area and

2 other applicable laws and regulations.

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

4 natural resource that serves as the primary destina5 tion for the majority of visitors to the conservation

6 area, including visitors associated with large-scale

7 permitted events. It is expected that such permitted

8 events will continue to be administered in accordance

9 with the management plan for the conservation area

10 and other applicable laws and regulations.

11 SEC. 3. DEFINITIONS.

12 As used in this Act:

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

14 of the Interior.

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

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

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

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

19 Black Rock Desert-High Rock Canyon Emigrant

20 Trails National Conservation Area established pur21 suant to section 4 of this Act.

22 SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA.

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

24 conserve, protect, and enhance for the benefit and enjoy25 ment of present and future generations the unique and
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1 nationally important historical, cultural, paleontological,

2 scenic, scientific, biological, educational, wildlife, riparian,

3 wilderness, endangered species, and recreational values

4 and resources associated with the Applegate-Lassen and

5 Nobles Trails corridors and surrounding areas, there is

6 hereby established the Black Rock Desert-High Rock Can7 yon Emigrant Trails National Conservation Area in the

8 State of Nevada.

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

10 consist of approximately lll acres of public lands as

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

12 Emigrant Trail National Conservation Area’’ and dated

13 lll.

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

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

16 the Secretary shall submit to Congress a map and legal

17 description of the conservation area. The map and legal

18 description shall have the same force and effect as if in19 cluded in this Act, except the Secretary may correct cler20 ical and typographical errors in such map and legal de21 scription. Copies of the map and legal description shall

22 be on file and available for public inspection in the appro23 priate offices of the Bureau of Land Management.
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1 SEC. 5. MANAGEMENT.

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

3 the Bureau of Land Management, shall manage the con4 servation area in a manner that conserves, protects and

5 enhances its resources and values, including those re6 sources and values specified in subsection 4(a), in accord7 ance with this Act, the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1701 et seq.), and other

9 applicable provisions of law.

10 (b) ACCESS.—

11 (1) IN GENERAL.—The Secretary shall main12 tain adequate access for the reasonable use and en13 joyment of the conservation area.

14 (2) EXISTING PUBLIC ROADS.—The Secretary

15 is authorized to maintain public roads within the

16 boundaries of the conservation area in a manner

17 consistent with the purposes for which the conserva18 tion area was established.

19 (c) USES.—

20 (1) OFF-HIGHWAY VEHICLE USE.—Except

21 where needed for administrative purposes or to re22 spond to an emergency, use of motorized vehicles in

23 the conservation area shall be permitted only on

24 roads and trails and in other areas designated for

25 use of motorized vehicles as part of the management

26 plan prepared pursuant to subsection (e).
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1 (2) PERMITTED EVENTS.—The Secretary may

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

3 impact areas of the Black Rock Desert playa in the

4 conservation area in accordance with the manage5 ment plan prepared pursuant to subsection (e).

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

7 this Act shall be deemed to diminish the jurisdiction of

8 the State of Nevada with respect to fish and wildlife man9 agement, including regulation of hunting and fishing, on

10 public lands within the conservation area.

11 (e) MANAGEMENT PLAN.—Within three years fol12 lowing the date of enactment of this Act, the Secretary

13 shall develop a comprehensive resource management plan

14 for the long-term protection and management of the con15 servation area. The plan shall be developed with full public

16 participation and shall describe the appropriate uses and

17 management of the conservation area consistent with the

18 provisions of this Act. The plan may incorporate appro19 priate decisions contained in any current management or

20 activity plan for the area and may use information devel21 oped in previous studies of the lands within or adjacent

22 to the conservation area.

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

24 currently permits livestock grazing in the conservation
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1 area, such grazing shall be allowed to continue subject to

2 all applicable laws, regulations, and executive orders.

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

4 authorized to establish, in cooperation with other public

5 or private entities as the Secretary may deem appropriate,

6 visitor service facilities for the purpose of providing infor7 mation about the historical, cultural, ecological, rec8 reational, and other resources of the conservation area.

9 SEC. 6. WITHDRAWAL.

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

11 and except as provided in section 9(b)(2), all Federal

12 lands within the conservation area and all lands and inter13 ests therein which are hereafter acquired by the United

14 States are hereby withdrawn from all forms of entry, ap15 propriation, or disposal under the public land laws, from

16 location, entry, and patent under the mining laws, and

17 from operation of the mineral leasing and geothermal leas18 ing laws and all amendments thereto.

19 SEC. 7. NO BUFFER ZONES.

20 The Congress does not intend for the establishment

21 of the conservation area to lead to the creation of protec22 tive perimeters or buffer zones around the conservation

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

24 outside the conservation area that would not be permitted

25 in the conservation area shall not preclude such activities
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1 or uses on such lands up to the boundary of the conserva2 tion area consistent with other applicable laws.

3 SEC. 8. WATER RIGHTS.

4 (a) Within the conservation area designated by this

5 Act, there is hereby reserved a quantity of water sufficient

6 to fulfill the purposes for which the conservation area is

7 established.

8 (b) The priority date of the water rights reserved in

9 subsection (a) shall be the date of the enactment of this

10 Act.

11 (c) The Secretary shall take steps necessary to pro12 tect the rights reserved by this section, including the filing

13 of a claim for the quantification of such rights in any ap14 propriate water adjudication in the courts of the State of

15 Nevada in which the United States is or may be joined

16 and which is conducted in accordance with the McCarran

17 Amendment (43 U.S.C. 666).

18 (d) The Federal water rights reserved by this Act

19 shall be in addition to any water rights which may have

20 been previously secured by the United States for purposes

21 other than for the conservation area.

22 (e) Nothing in this title shall be construed as a relin23 quishment or reduction of any water rights reserved or

24 appropriated by the United States in the State of Nevada

25 on or before the date of enactment of this Act.
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1 SEC. 9. WILDERNESS.

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

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

4 following lands in the State of Nevada are designated as

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

6 Wilderness Preservation System:

7 (1) Certain lands in the Black Rock Desert

8 Wilderness Study Area comprised of approximately

9 lll acres, as generally depicted on a map enti10 tled ‘‘Black Rock Desert Wilderness—Proposed’’

11 and dated lll, and which shall be known as the

12 Black Rock Desert Wilderness.

13 (2) Certain lands in the Pahute Peak Wilder14 ness Study Area comprised of approximately lll

15 acres, as generally depicted on a map entitled

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

17 lll, and which shall be known as the Pahute

18 Peak Wilderness.

19 (3) Certain lands in the North Black Rock

20 Range Wilderness Study Area comprised of approxi21 mately lll acres, as generally depicted on a map

22 entitled ‘‘North Black Rock Range Wilderness—Pro23 posed’’ and dated lll, and which shall be known

24 as the North Black Rock Range Wilderness.

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

26 Canyon Wilderness Study Area comprised of ap-
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1 proximately lll acres, as generally depicted on

2 a map entitled ‘‘East Fork High Rock Canyon Wil3 derness—Proposed’’ and dated lll, and which

4 shall be known as the East Fork High Rock Canyon

5 Wilderness.

6 (5) Certain lands in the High Rock Lake Wil7 derness Study Area comprised of approximately

8 lll acres, as generally depicted on a map enti9 tled ‘‘High Rock Lake Wilderness—Proposed’’ and

10 dated lll, and which shall be known as the

11 High Rock Lake Wilderness.

12 (6) Certain lands in the Yellow Rock Canyon

13 Wilderness Study Area comprised of approximately

14 lll acres, as generally depicted on a map enti15 tled ‘‘Yellow Rock Canyon Wilderness—Proposed’’

16 and dated lll, and which shall be known as the

17 Yellow Rock Canyon Wilderness.

18 (7) Certain lands in the Little High Rock Can19 yon Wilderness Study Area comprised of approxi20 mately lll acres, as generally depicted on a map

21 entitled ‘‘Little High Rock Canyon Wilderness—Pro22 posed’’ and dated lll, and which shall be known

23 as the Little High Rock Canyon Wilderness.

24 (8) Certain lands in High Rock Canyon Wilder25 ness Study Area comprised of approximately lll
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1 acres, as generally depicted on a map entitled ‘‘High

2 Rock Canyon Wilderness—Proposed’’ and dated

3 lll, and which shall be known as the High Rock

4 Canyon Wilderness.

5 (9) Certain lands in the Calico Mountains Wil6 derness Study Area comprised of approximately

7 lll acres, as generally depicted on a map enti8 tled ‘‘Calico Mountains Wilderness—Proposed’’ and

9 dated lll, and which shall be known as the Cali10 co Mountains Wilderness.

11 (10) Certain lands in the South Jackson Moun12 tains Wilderness Study Area comprised of approxi13 mately lll acres, as generally depicted on a map

14 entitled ‘‘South Jackson Mountains Wilderness—

15 Proposed’’ and dated lll, and which shall be

16 known as the South Jackson Mountains Wilderness.

17 (11) Certain lands in the North Jackson Moun18 tains Wilderness Study Area comprised of approxi19 mately lll acres, as generally depicted on a map

20 entitled ‘‘North Jackson Mountains Wilderness—

21 Proposed’’ and dated lll, and which shall be

22 known as the North Jackson Mountains Wilderness.

23 (b) ADMINISTRATION OF WILDERNESS AREAS.—

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

25 rights, and except as provided in paragraph (2),
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1 each wilderness area designated by this Act shall be

2 administered by the Secretary in accordance with

3 the provisions of the Wilderness Act, except that any

4 reference in such provisions of the effective date of

5 the Wilderness Act shall be deemed to be a reference

6 to the date of enactment of this Act and any ref7 erence to the Secretary of Agriculture shall be

8 deemed to be a reference to the Secretary of the In9 terior.

10 (2) MINING ACTIVITIES ALLOWED.—Notwith11 standing any other provision of law, those lands in

12 the Calico Mountains Wilderness, as depicted on a

13 map entitled ‘‘Calico Mountains Wilderness—Special

14 Management Area,’’ and dated lll, shall be

15 open to exploration and development activities under

16 the mining laws for a period of fifteen years after

17 the date of enactment of this Act, subject to the

18 same regulations applied to such activities on public

19 lands not designated as wilderness or under wilder20 ness review.

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

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

23 the Secretary shall submit to Congress a map and legal

24 description of the wilderness areas designated under this

25 Act. The map and legal description shall have the same
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1 force and effect as if included in this Act, except the Sec2 retary may correct clerical and typographical errors in

3 such map and legal description. Copies of the map and

4 legal description shall be on file and available for public

5 inspection in the appropriate offices of the Bureau of

6 Land Management.

7 (d) GRAZING.—Within the wilderness areas des8 ignated under subsection (a), the grazing of livestock,

9 where established prior to the date of enactment of this

10 Act, shall be permitted to continue subject to such reason11 able regulations, policies, and practices as the Secretary

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

13 practices fully conform with and implement the intent of

14 Congress regarding grazing in such areas as such intent

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

16 Public Law 101–628.

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

18 There is hereby authorized to be appropriated such

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

20 this Act.

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