I 

112TH CONGRESS 

1ST SESSION H. R. 2912 

To establish the San Juan Islands National Conservation Area in the San 

Juan Islands, Washington, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2011 

Mr. LARSEN of Washington (for himself and Mr. INSLEE) introduced the 

following bill; which was referred to the Committee on 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. SAN JUAN ISLANDS NATIONAL CONSERVATION 

4 AREA. 

5 (a) FINDINGS; PURPOSES.— 

6 (1) FINDINGS.—Congress finds as follows: 

7 (A) Lands managed by the Bureau of 

8 Land Management in the San Juan Archi9 pelago, Washington State, comprising nearly 

10 1,000 acres of small islands, rocks and reef, 


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1 headlands, historic lighthouses, and ecologically 

2 important areas are of great value to the people 

3 of Washington State and the Nation. 

4 (B) These areas provide recreational op5 portunities for hiking, wildlife viewing, boating, 

6 picnicking, photography, sea kayaking, and 

7 camping and are enjoyed by residents of the 

8 area and visitors. In 2010, these lands in the 

9 San Juan Islands National Conservation Area 

10 received more than 65,000 visitors in a county 

11 with a population at that time of 15,769 resi12 dents. 

13 (C) These areas preserve important local, 

14 national, and tribal cultural and historic sites. 

15 Lighthouses on Patos Island, Turn Point, and 

16 Cattle Point are registered as State Historic 

17 Structures. Numerous archaeological sites exist, 

18 including shell middens, plank-house sites, and 

19 burial markers. Areas of cultural importance in20 clude ancient Coast Salish camas cultivation 

21 sites, homesteads, reef-net sites, and settler 

22 cabins. 

23 (D) These areas include vanishing coastal 

24 flower meadows, spruce bogs, groves of Garry 

25 oaks and endemic coastal junipers, and other 


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1 rare and fragile ecosystems that support nu2 merous plant species and provide nesting habi3 tat for seabirds, songbirds, bats, and other 

4 small native mammals. 

5 (E) These areas are used by several non6 profit, government, and educational organiza7 tions for scientific research and education, in8 cluding the San Juan Islands Experimental 

9 Education Outdoor Classroom. 

10 (F) Establishment of the San Juan Islands 

11 National Conservation Area is the best way to 

12 preserve, protect, enhance, and restore this 

13 local and nationally important landscape. 

14 (2) PURPOSES.—The purposes of this Act 

15 are— 

16 (A) to conserve, protect, and enhance for 

17 the benefit and enjoyment of present and future 

18 generations the ecological, scenic, wildlife, rec19 reational, cultural, historical, natural, edu20 cational, and scientific resources of the National 

21 Conservation Area; and 

22 (B) to protect each species that is— 

23 (i) located in the National Conserva24 tion Area; and 


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1 (ii) listed as a threatened or endan2 gered species on the list of threatened spe3 cies or the list of endangered species pub4 lished under section 4(c)(1) of the Endan5 gered Species Act of 1973 (16 U.S.C. 

6 1533(c)(1)). 

7 (b) DEFINITIONS.—In this Act: 

8 (1) MANAGEMENT PLAN.—The term ‘‘manage9 ment plan’’ means the management plan for the Na10 tional Conservation Area developed by the Secretary 

11 under subsection (d). 

12 (2) NATIONAL CONSERVATION AREA.—The 

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

14 Juan Islands National Conservation Area that— 

15 (A) consists of approximately 1,000 acres 

16 of public land in the Washington State, as gen17 erally depicted on the map entitled ‘‘Proposed 

18 San Juan Islands National Conversation Area’’ 

19 and dated June 30, 2011; and 

20 (B) is established by subsection (c). 

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

22 the Secretary of the Interior. 

23 (c) ESTABLISHMENT.—Subject to valid existing 

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

25 San Juan Islands National Conservation Area. 


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1 (d) MANAGEMENT PLAN.— 

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

3 the date of the enactment of this Act and in accord4 ance with paragraph (2), the Secretary shall develop 

5 a comprehensive plan for the long-term management 

6 of the National Conservation Area. 

7 (2) CONSULTATION.—In developing the man8 agement plan required under paragraph (1), the 

9 Secretary shall consult with— 

10 (A) appropriate State, tribal, and local 

11 governmental entities; and 

12 (B) members of the public. 

13 (e) MANAGEMENT.— 

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

15 the National Conservation Area— 

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

17 and enhances the resources of the National 

18 Conservation Area; and 

19 (B) in accordance with— 

20 (i) the Federal Land Policy and Man21 agement Act of 1976 (43 U.S.C. 1701 et 

22 seq.); 

23 (ii) this Act; and 

24 (iii) any other applicable law (includ25 ing regulations). 


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

2 of the National Conservation Area that the Sec3 retary determines would further a purpose described 

4 in subsection (a). 

5 (3) MOTORIZED VEHICLES.—Except when need6 ed for administrative purposes, or to respond to an 

7 emergency, the use of motorized vehicles in the Na8 tional Conservation Area shall be permitted only on 

9 roads designated by the management plan for the 

10 use of motorized vehicles. 

11 (4) WILDLAND FIRE OPERATIONS.—Nothing in 

12 this Act prohibits the Secretary, in cooperation with 

13 other Federal, State, and local agencies, as appro14 priate, from conducting wildland fire operations in 

15 the National Conservation Area, consistent with the 

16 purposes of this Act. 

17 (5) INVASIVE SPECIES AND NOXIOUS WEEDS.— 

18 In accordance with any applicable laws and subject 

19 to such terms and conditions as the Secretary deter20 mines to be desirable and appropriate, the Secretary 

21 may prescribe measures to control nonnative invasive 

22 plants and noxious weeds within the National Con23 servation Area. 

24 (f) TRIBAL CULTURAL USES.—The Secretary shall 

25 work in consultation with Indian tribes to— 


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1 (1) ensure the protection of religious and cul2 tural sites in the Conservation Area; and 

3 (2) provide access to the sites by members of 

4 Indian tribes for traditional cultural and customary 

5 uses, consistent with Public Law 95–341 (commonly 

6 known as the ‘‘American Indian Religious Freedom 

7 Act’’; 42 U.S.C. 1996). 

8 (g) NO BUFFER ZONES.— 

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

10 a protective perimeter or buffer zone around the Na11 tional Conservation Area. 

12 (2) ACTIVITIES OUTSIDE CONSERVATION

13 AREA.—The fact that an activity or use on land out14 side the National Conservation Area can be seen or 

15 heard within the National Conservation Area shall 

16 not preclude the activity or use outside the boundary 

17 of the National Conservation Area. 

18 (3) ACQUISITION OF LAND.— 

19 (A) IN GENERAL.—The Secretary may ac20 quire non-Federal land within the boundaries of 

21 the Conservation Area only through exchange, 

22 donation, or purchase from a willing seller. 

23 (B) MANAGEMENT.—Land acquired under 

24 subparagraph (A) shall become part of the Con25 servation Area. 


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1 (h) ADVISORY COUNCIL.— 

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

3 after the date of the enactment of this Act, the Sec4 retary shall establish an advisory council, to be 

5 known as the ‘‘San Juan Islands National Conserva6 tion Area Advisory Council’’. 

7 (2) DUTIES.—The Council shall advise the Sec8 retary with respect to the preparation and imple9 mentation of the management plan. 

10 (3) MEMBERS.—The Council shall include 7 

11 members to be appointed by the Secretary. The 

12 members, to the extent practicable, shall— 

13 (A) reside in or within reasonable prox14 imity to San Juan County, Washington; 

15 (B) have backgrounds that reflect— 

16 (i) the purposes for which the Na17 tional Conservation Area was established; 

18 and 

19 (ii) the interests of the stakeholders 

20 that are affected by the planning and man21 agement of the National Conservation 

22 Area; and 

23 (C) be fairly balanced in terms of the 

24 points of view represented and the functions to 

25 be performed by the Council. 


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1 (4) APPLICABLE LAW.—The Council shall be 

2 subject to— 

3 (A) the Federal Advisory Committee Act 

4 (5 U.S.C. App.); and 

5 (B) the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

7 (5) DURATION.—The Council shall terminate 

8 on the date that is 1 year from the date on which 

9 the management plan is adopted by the Secretary. 

10 (i) INCORPORATION OF ACQUIRED LAND AND INTER11 ESTS.—Any land acquired by the United States after the 

12 date of the enactment of this Act that is located in the 

13 National Conservation Area shall— 

14 (1) become part of the National Conservation 

15 Area; and 

16 (2) be managed in accordance with— 

17 (A) the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

19 (B) this Act; and 

20 (C) any other applicable law (including 

21 regulations). 

22 (j) WITHDRAWAL.— 

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

24 rights, all Federal land and interests in land located 


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1 in the National Conservation Area are withdrawn 

2 from— 

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

4 disposal under the public land laws; 

5 (B) location, entry, and patenting under 

6 the mining laws; and 

7 (C) operation of the mineral leasing, min8 eral materials, and geothermal leasing laws. 

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

10 the United States after the date of the enactment of 

11 this Act that is located in the National Conservation 

12 Area shall be withdrawn from operation of the laws 

13 referred to in paragraph (1) on the date of acquisi14 tion of the land. 

15 SEC. 2. TREATY RIGHTS. 

16 Nothing in this Act alters, modifies, enlarges, dimin17 ishes, or abrogates the treaty rights of any Indian tribe. 

Æ 


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