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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1603 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1603

To authorize appropriations for programs, functions, and activities of 
 the Bureau of Land Management for fiscal years 1994 through 1997; to 
  improve the management of the public lands; and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1993

Mr. Vento introduced the following bill; which was referred jointly to 
             the Committees on Natural Resources and Rules

_______________________________________________________________________

                                 A BILL

 
To authorize appropriations for programs, functions, and activities of 
 the Bureau of Land Management for fiscal years 1994 through 1997; to 
  improve the management of the public lands; and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION.

    There are hereby authorized to be appropriated such sums as may be 
necessary for programs, functions, and activities of the Bureau of Land 
Management, Department of the Interior (including amounts necessary for 
increases in salary, pay, retirements, and other employee benefits 
authorized by law, and for other nondiscretionary costs), during fiscal 
years beginning on October 1, 1993, and ending September 30, 1997.

SEC. 2. STATUTORY REFERENCE.

    As used hereafter in this Act, the terms ``the Act'' and ``FLPMA'' 
mean the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
et seq.).

SEC. 3. FLPMA DEFINITIONS.

    (a) Areas of Critical Environmental Concern.--Section 103(a) of the 
Act (43 U.S.C. 1702(a)) is amended to read as follows:
    ``(a) The term `areas of critical environmental concern' means 
those areas (whether or not previously affected by one or more uses or 
developments) identified by the Secretary as areas where special 
management attention is required (which, among other things, may in 
some instances include restrictions on or prohibitions of any further 
development) in order--
            ``(1) to protect important resources and values (including 
        but not limited to environmental, ecological, historic, 
        cultural, scenic, fish and wildlife, and scientific resources 
        or values) located on or likely to be affected by the use of 
        specific portions of the public lands (but Congress does not 
        intend that the Secretary establish protective perimeters or 
        buffer zones around such areas);
            ``(2) to protect life and provide safety from natural 
        hazards; or
            ``(3) to protect or enhance the resources and values of a 
        conservation system unit, but it is not the intent of Congress 
        that the Secretary establish protective perimeters or buffer 
        zones around conservation system units.''.
    (b) Conservation System Unit.--Section 103 of the Act (43 U.S.C. 
1702) is amended by adding at the end thereof the following new 
subsection:
    ``(q) The term `conservation system unit' means any unit of the 
National Park System, National Wildlife Refuge System, National Wild 
and Scenic Rivers System, National Trails System, National Wilderness 
Preservation System, or a National Conservation Area, National 
Recreation Area, or National Forest Monument.''.

SEC. 4. MAJOR USES AND INVENTORIES.

    (a) Definition.--Section 103(1) of the Act (43 U.S.C. 1702(1)) is 
amended--
            (1) by striking ``fish and wildlife development and 
        utilization,'' and inserting in lieu thereof ``maintenance of 
        plant communities, maintenance of fish and wildlife populations 
        and habitat, utilization of fish or wildlife populations,''; 
        and
            (2) by striking ``and timber production'' and inserting in 
        lieu thereof ``timber production, reforestation, and scientific 
        research''.
    (b) Inventory.--Section 201(a) of the Act (43 U.S.C. 1711(a)) is 
amended by striking the period at the end of the first sentence and 
inserting in lieu thereof ``and riparian areas.''.
    (c) Management Decisions.--Section 202(e)(2) of the Act (43 U.S.C. 
1712(e)(2)) is amended by striking ``the Congress adopts a concurrent 
resolution'' and inserting in lieu thereof ``there is enacted a joint 
resolution''.

SEC. 5. PLANNING REQUIREMENTS.

    (a) Deadlines.--Section 202(a) of the Act (43 U.S.C. 1712(a)) is 
amended--
            (1) by designating section 202(a) as section 202(a)(1); and
            (2) by adding at the end of section 202(a) the following 
        new paragraphs:
    ``(2) Land use plans meeting the requirements of this Act shall be 
developed for all the public lands outside Alaska no later than January 
1, 1998, and for all public lands no later than January 1, 2000.
    ``(3) Land use plans shall be revised from time to time when the 
Secretary finds that conditions have changed so as to make such 
revision appropriate or necessary for proper management of the public 
lands covered by any such plan. The Secretary shall review each plan at 
least once every 15 years in order to determine the need for or 
appropriateness of revision of such plan pursuant to this paragraph.''.
    (b) Criteria.--(1) Section 202(c)(1) of the Act (43 U.S.C. 
1712(c)(1)) is amended to read as follows:
            ``(1) use and observe the principles of multiple use and 
        sustained yield set forth in this and other applicable law and 
        evaluate the feasibility of measures, consistent with such 
        principles, that would enhance the extent to which the public 
        lands can support increases in the numbers and types of plant 
        communities and fish and wildlife populations located on or 
        supported by such lands;''.
    (2) Section 202(c)(3) of the Act (43 U.S.C. 1712(c)(3)) is amended 
to read as follows:
            ``(3) give priority to the designation and protection of 
        areas of critical environmental concern and to identification, 
        protection, and enhancement of the ecological, environmental, 
        fish and wildlife, and other resources and values of riparian 
        areas;''.
    (3) Section 202(c)(5) of the Act (43 U.S.C. 1712(c)(5)) is amended 
to read as follows:
            ``(5) consider present and potential uses (including 
        recreational and other nonconsumptive uses) of the public 
        lands;''.

SEC. 6. PROFESSIONAL QUALIFICATIONS.

    Section 301(c) of the Act (43 U.S.C. 1731(c)) is amended to read as 
follows:
    ``(c) In addition to the Director, there shall be a Deputy Director 
and so many Assistant Directors, State Directors, and other employees 
as may be necessary, appointed by the Secretary. After May 1, 1989, no 
person may be appointed as Deputy Director of the Bureau (except for 
Deputy Director for External Affairs) or as an Assistant Director or 
State Director who is not at the time of appointment either a career 
appointee (as defined in section 3132(4) of title 5, United States 
Code) or in the competitive service. Other employees shall be appointed 
subject to provisions of law applicable to appointments in the 
competitive service, and shall be paid in accordance with the 
provisions applicable to such service.''.

SEC. 7. PENALTIES.

    (a) FLPMA.--Section 303(a) of the Act (43 U.S.C. 1733(a)) is 
amended by striking ``no more than $1,000'' and by inserting ``no more 
than $10,000''.
    (b) Public Law 92-195.--Section 8 of Public Law 92-195 (16 U.S.C. 
1338(a)) is amended by striking ``not more than $2,000'' and by 
inserting ``not more than $10,000''.

SEC. 8. MANAGEMENT OF LANDS AND PUBLIC PARTICIPATION.

    (a) In General.--The last sentence of section 302(b) of the Act (43 
U.S.C. 1732(b)) is amended to read as follows:
    ``In managing the public lands, the Secretary, by regulation or 
otherwise, shall take any action necessary to prevent unnecessary 
degradation of such lands, to minimize adverse environmental impacts on 
such lands and their resources resulting from use, occupancy, or 
development of such lands, and to prevent impairment or derogation of 
the resources and values of conservation system units.''.
    (b) Advisory Councils.--Section 309(a) of the Act (43 U.S.C. 
1739(b)) is amended--
            (1) by striking the period at the end of the first sentence 
        and inserting in lieu thereof ``, including the protection of 
        environmental quality, the management and enhancement of fish 
        and wildlife populations and habitat, and outdoor 
        recreation.''; and
            (2) by striking the period at the end of the fourth 
        sentence and inserting in lieu thereof ``, who shall provide an 
        opportunity for interested members of the public to suggest 
        persons for appointment.''.
    (c) ACEC Regulations.--Section 310 of the Act (43 U.S.C. 1740) is 
amended by designating the existing provisions thereof as subsection 
(a) and adding the following new subsection:
    ``(b) By regulation, the Secretary shall provide an opportunity for 
members of the public to propose specific areas for consideration for 
designation as areas of critical environmental concern pursuant to 
section 201 of this Act.''.

SEC. 9. FUTURE REAUTHORIZATIONS.

    Section 318(b) of the Act (43 U.S.C. 1748(b)) is amended by 
striking ``May 15, 1977, and not later than May 15 of each second even 
numbered year thereafter'' and inserting in lieu thereof ``January 1, 
1993, and January 1 of each second odd-numbered year thereafter''.

SEC. 10. EXEMPTION FROM STRICT LIABILITY.

    Section 504(h) of the Act (43 U.S.C. 1764(h)) is amended by adding 
at the end thereof the following new paragraph:
    ``(3) No regulation shall impose liability without fault with 
respect to a right-of-way granted, issued, or renewed under this Act to 
a nonprofit entity or an entity qualified for financing under the Rural 
Electrification Act of 1936, as amended, if such entity uses such 
right-of-way for the delivery of electricity to parties having an 
equity interest in such entity. However, the Secretary may condition 
the grant, issuance, or renewal of a right-of-way to such entity for 
such purpose on the provision by such entity of a bond or other 
appropriate security, pursuant to subsection (i) of this section.''.

SEC. 11. CONGRESSIONAL REVIEWS.

    (a) Sales.--Section 203(c) of the Act (43 U.S.C. 1713(c)) is 
amended by striking ``and then only if the Congress has not adopted a 
concurrent resolution stating that such House does not approve of such 
designation'', and by inserting in lieu thereof ``unless there is 
enacted a joint resolution disapproving such designation''.
    (b) Withdrawals.--Section 204 of the Act (43 U.S.C. 1713) is 
amended as follows:
            (1) By striking from subsection (c) the words ``if the 
        Congress has adopted a concurrent resolution stating that such 
        House does not approve the withdrawal'' and by inserting in 
        lieu thereof ``if prior to the end of such 90-day period there 
        is enacted a joint resolution disapproving the withdrawal''.
            (2) By striking from subsection (l)(2) the words ``the 
        Congress has adopted a concurrent resolution'' and by inserting 
        in lieu thereof ``there has been enacted a joint resolution''.

SEC. 12. CONFORMING AMENDMENTS.

    (a) Repeal.--Section 215 of the Act is hereby repealed.
    (b) Grazing Study.--Section 401 of the Act (43 U.S.C. 1751) is 
amended by repealing subsection (a) and paragraph (b)(1), by 
redesignating paragraph (b)(2) as paragraph (a)(1), and by 
redesignating paragraph (b)(3) as paragraph (a)(2).

SEC. 13. JUDICIAL REVIEW.

    (a) Title VII of the Act is amended by adding at the end thereof 
the following:

                           ``judicial review

    ``Sec. 708. Any agency action or failure to act to implement this 
Act, including the whole or part of any agency rule, order, license, 
sanction, relief, or the equivalent or denial thereof, shall be subject 
to judicial review in accordance with and to the extent provided by the 
Administrative Procedure Act (5 U.S.C. 551-559 and 701 et seq.). For 
the purposes of this section, the term `rule' has the same meaning as 
such term has in the Administrative Procedure Act (5 U.S.C. 551(4)).''.
    (b) The table of contents of the Act is amended by inserting after 
the item relating to section 707 the following new item:

``Sec. 708. Judicial review.''.

SEC. 14. CLAIMED RIGHTS-OF-WAY.

    The Act is hereby amended by adding at the end of title III the 
following new sections 319 and 320:

``SEC. 319. RECORDATION OF CLAIMED RIGHTS-OF-WAY.

    ``(a) Filing Requirements.--(1) Any party claiming to be a holder 
of a right-of-way across public or other Federal lands for the 
construction of a highway pursuant to a grant made by Revised Statutes 
section 2477 (43 U.S.C. 932) that became operative before repeal of 
such section on October 21, 1976, shall, on or before January 1, 1994, 
file for record in the office or offices of the Bureau of Land 
Management responsible for management of public lands within the State 
or States wherein such claimed right-of-way is located either a notice 
of intent to hold and maintain the right-of-way or a notice of 
abandonment of such party's claim to be the holder of such right-of-
way. A notice of intent to hold and maintain such a right-of-way shall 
be accompanied by information concerning the actual construction, 
maintenance, and public use on which such party bases its claim to have 
established such a right-of-way, and by such other information 
regarding the uses, location, and extent of such claimed right-of-way 
as the Secretary of the Interior may require. The Secretary may allow 
information already in the possession of the Bureau of Land Management 
to be included by reference to the documents in which such information 
is recorded.
    ``(2) A party filing a notice pursuant to paragraph (1) shall also 
simultaneously file a copy thereof in the appropriate office of any 
other agency responsible for management of any Federal lands traversed 
by the claimed right-of-way, and shall give public notice of the 
party's intention to hold and maintain or to abandon the claimed right-
of-way by publication of information concerning such intention in one 
or more newspapers of general circulation in the areas where the 
affected lands are located.
    ``(b) Effect.--(1) The failure of any party subject to the 
requirements of subsection (a) to file the notices or to publish the 
information required to be filed and published by such subsection 
within the time specified by such subsection shall be conclusively 
deemed to constitute an abandonment and relinquishment of a right-of-
way with respect to which such filing and publication is required by 
such subsection.
    ``(2) Recordation pursuant to this section shall not, of itself, 
render valid any claim which would not otherwise be valid under 
applicable law or provide a basis for changing the scope, alignment, or 
character or extent of use of any claimed right-of-way; and nothing in 
this section shall be construed as waiving, altering, or otherwise 
affecting any terms or conditions applicable to any right-of-way under 
this Act or any other applicable law.
    ``(c) Investigations.--(1) Upon receipt of a notice filed pursuant 
to subsection (a) that a party intends to hold and maintain a claimed 
right-of-way involving any lands specified in paragraph (2) of this 
subsection, the Secretary of the Interior, acting through an 
appropriate officer of the Bureau of Land Management or (if any portion 
of a claimed right-of-way covered by this subsection is located within 
a unit of the National Park System) of the National Park Service, shall 
conduct an investigation to determine the validity of each such claimed 
right-of-way. The Secretary shall provide an opportunity for the public 
to contest or request an investigation of the validity of any other 
claimed right-of-way.
    ``(2)(A) The Secretary shall investigate the validity of each 
claimed right-of-way any portion of which involves--
            ``(i) any lands within the National Park System, the 
        National Wild and Scenic River System, or the National 
        Wilderness Preservation System; or
            ``(ii) any lands being managed so as to preserve their 
        suitability for designation as wilderness, pursuant to section 
        603 of this Act or any other provision of law or regulation; or
            ``(iii) any area of critical environmental concern; or
            ``(iv) any other lands whose use for highway purposes would 
        be inconsistent with the land-use plans for those lands.
    ``(B) The Secretary shall also investigate any claimed right-of-way 
not involving lands specified in subparagraph (A) but with respect to 
which a challenge is filed that states grounds which, if proved or 
confirmed, would constitute reason to doubt the validity of such 
claimed right-of-way or any portion thereof.
    ``(3) If any portion of such claimed right-of-way is on Federal 
lands managed by an agency other than the Bureau of Land Management or 
the National Park Service, the investigating officer shall request the 
comments of such agency with respect to the validity of such right-of-
way.
    ``(4) Appropriate notice to the public, including the owners of any 
non-Federal lands affected by the claimed right-of-way, shall be 
provided with respect to initiation of each investigation carried out 
pursuant to this paragraph, and the investigating officer shall provide 
an opportunity for the public to submit comments concerning the subject 
of the investigation.
    ``(5) If information or comments submitted to the investigating 
officer demonstrate that there is a dispute as to any relevant facts 
with respect to the validity of a right-of-way subject to an 
investigation under this paragraph, the parties to such dispute shall 
be afforded an adjudicatory hearing on the record with respect to such 
disputed issues of fact. Any such adjudicatory hearing shall be before 
a qualified administrative law judge whose findings shall govern 
disposition of such issues of fact in any determination concerning the 
validity of a claimed right-of-way, subject to administrative and 
judicial review under applicable provisions of law.
    ``(6) If after an investigation pursuant to this paragraph, the 
investigating officer finds either that a claimed right-of-way or 
portion thereof is valid or that there is reason to doubt the validity 
of such claimed right-of-way or portion thereof, notice of such finding 
and the reasons therefor shall be provided to the party claiming the 
right-of-way and to all other affected parties, including the public.
    ``(7) For purposes of this section, if any portion of a claimed 
right-of-way includes lands managed pursuant to section 603 of this 
Act, that fact shall constitute a reason to doubt the validity of such 
portion of such right-of-way.
    ``(d) Appeals.--(1) Any claimed right-of-way or portion thereof 
with respect to which it is found, pursuant to subsection (c), that 
there is reason to doubt the validity, shall be deemed to be invalid 
unless, within 30 days after such finding the party claiming the right-
of-way has filed with the Secretary of the Interior an appeal of such 
finding, and the Secretary thereafter determines the right-of-way to be 
valid. Any party other than the party claiming the right-of-way, may 
intervene in any appeal filed under this paragraph in support of the 
finding of invalidity by filing with the Secretary a notice of such 
intervention within the period allowed for filing of the appeal.
    ``(2) Any finding by the investigating officer with regard to the 
validity or invalidity of a claimed right-of-way or portion thereof 
valid shall become final unless within 30 days after such finding a 
notice of appeal of such finding is filed with the Secretary of the 
Interior.
    ``(3) Any decision by the Secretary with regard to an appeal under 
this subsection shall be made after the party claiming or contesting a 
right-of-way has been provided with the evidence upon which the 
investigating officer's finding regarding its validity or invalidity 
was based and has been given an opportunity to respond, including an 
adjudicatory hearing on the record with respect to any disputed issues 
of fact.
    ``(4)(A) Pending a final determination of validity with respect to 
a claimed right-of-way that is subject to an appeal under this 
subsection, the Federal land covered by such claimed right-of-way shall 
be managed in accordance with applicable law (including this Act) and 
management plans as if such right-of-way did not exist, except that 
such lands may continue to be used for lawful transportation, access, 
and related purposes of the same nature and to the same extent as was 
properly permitted by the Secretary on the date of enactment of this 
section. Any such continued uses shall be subject to appropriate 
regulations to protect the resources and values of the affected lands.
    ``(B) Upon a final determination of invalidity with respect to a 
claimed right-of-way subject to an appeal under paragraph (3), Federal 
lands covered by such claimed right-of-way shall be managed in 
accordance with applicable law and management plans.
    ``(C) A determination by an investigating officer as to the 
validity or invalidity of a claimed right-of-way may be appealed to the 
Secretary by any person, provided such appeal is made no later than 30 
days after the determination of the investigating officer. Any person 
filing such an appeal shall be afforded an adjudicatory hearing on the 
record with regard to any disputed issue of fact. Any decision of the 
Secretary regarding such an appeal shall be subject to judicial review.
    ``(5) Any decision by the Secretary pursuant to this subsection 
shall be subject to judicial review under applicable provisions of law, 
but nothing in this subsection shall be construed as affording any 
right to seek or participate in any judicial proceeding by any party 
not otherwise entitled to seek or participate in such proceeding.
    ``(e) Change in Use.--Any change in the scope, alignment, or 
character of use of a valid right-of-way established pursuant to 
Revised Statutes section 2477 shall be subject to terms and conditions 
required by section 505 of this Act or other applicable law.
    ``(f) Savings Clause.--Nothing in this section shall be construed 
as increasing or diminishing the requirements of any applicable law 
with respect to establishment, construction, or maintenance of a 
highway for purposes of obtaining a valid right-of-way pursuant to 
Revised Statutes section 2477 prior to its repeal.

``SEC. 320. RIGHT-OF-WAY IN ALASKA CONSERVATION SYSTEM UNITS.

    ``Nothing in this Act shall be construed as exempting any proposal 
for any construction on or change in the scope, alignment, or character 
or extent of use of any portion of any right-of-way claimed to have 
been established pursuant to Revised Statutes section 2477 on any lands 
within any conservation system unit in Alaska from the requirements of 
title XI of the Alaska National Interest Lands Conservation Act.''.

SEC. 15. WILD HORSE SANCTUARY REPORT.

    (a) Waiting Period.--The Secretary shall take no action to remove 
any animals covered by Public Law 92-195 (commonly known as the ``Wild 
Free-Roaming Horses and Burros Act'') from any area being operated, 
under an agreement with the Secretary, as a sanctuary for such animals 
on May 22, 1991, or to alter arrangements existing on such date for 
care and maintenance of such animals, sooner than 120 days after 
transmittal to the House Committee on Interior and Insular Affairs and 
the Senate Committee on Energy and Natural Resources of the report 
required by this section.
    (b) Report.--(1) The Secretary of the Interior shall report to the 
committees specified in subsection (a) concerning the status of the 
sanctuaries specified in such subsection and any alternative 
arrangements that the Secretary may be considering to assure the 
continued long-term welfare of the wild horses located on such 
sanctuaries on May 22, 1991, with a detailed estimate of the costs and 
advantages or disadvantages of such alternatives as compared with 
continuation of arrangements in effect on such date for such animals.
    (2) Prior to transmitting the report required by this section to 
the committees specified herein, the Secretary shall provide an 
opportunity for the public to make suggestions concerning the 
alternative arrangements to be discussed in such report, and to review 
and comment on the report.

SEC. 16. TABLE OF CONTENTS AMENDMENTS.

    The table of contents of the Act is amended by inserting after the 
item relating to section 318 the following new items:

``Sec. 319. Recordation of claimed rights-of-way.
``Sec. 320. Right-of-way in Alaska Conservation System Units.''.

SEC. 17. BONNEVILLE SALT FLATS.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary of the Interior shall conduct a study to determine the 
nature and extent of the salt loss from the salt flat crust occurring 
at Bonneville Salt Flats, Utah, and how best to preserve the resources 
(including scenic, historic, economic, and recreational resources) 
threatened by such salt loss. In conducting the study, the Secretary 
shall consider whether to designate the Bonneville Salt Flats as a 
national recreation area or a national conservation area. Within 90 
days after the completion of the study, the Secretary shall submit a 
report to the Congress concerning such study, together with 
recommendations, if any, of the Secretary.

SEC. 18. MANAGEMENT OF PUBLIC LANDS RELATING TO NATURAL PRODUCTIVE 
              CAPACITY.

    Section 302(a) of the Act (43 U.S.C. 1732(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end thereof the following:
    ``(2) The Secretary shall manage the public lands to maintain and 
restore their natural productive capacity and shall take no action to 
diminish the long-term sustainability of the biological resource as 
measured by the variety within and among the native species and 
communities of which it is comprised, except that where a tract of such 
public land has been dedicated to specific uses according to any other 
provision of law it shall be managed in accordance with such law.''.

SEC. 19. NATIONAL CONSERVATION AREAS.

    (a) Definitions.--As used in this section:
            (1) ``National Conservation Area'' means a portion of the 
        public lands--
                    (A) that contains notable natural, environmental, 
                ecological, scientific, scenic, or cultural resources 
                or values (or a combination thereof);
                    (B) that should be--
                            (i) retained in national ownership, 
                        withdrawn from mineral entry and from mineral 
                        and geothermal leasing, and not be managed to 
                        permit commercial harvesting of timber; and
                            (ii) managed for purposes of conserving, 
                        protecting, and enhancing such resources or 
                        values; and
                    (C) where generally only such uses of the public 
                lands as further such management purposes should be 
                permitted.
            (2) ``Secretary'' means the Secretary of the Interior
            (3) the term ``public lands'' and all other terms shall 
        have the same meaning as such terms have when used in the 
        Federal Land Policy and Management Act of 1976, unless 
        otherwise specified in this section.
    (b) Identification of Potential National Conservation Areas.--
            (1) As soon as possible after the date of enactment of this 
        Act the Secretary shall undertake to identify any portions of 
        the public lands, not previously recommended for or designated 
        as wilderness and not subject to specific management 
        requirements imposed by law, that would be suitable for 
        designation as one or more National Conservation Areas.
            (2) In the implementation of this subsection, the Secretary 
        shall provide an opportunity for members of the public to make 
        suggestions as to the matters described in paragraph (3) of 
        this subsection.
            (3) No later than 3 years after the enactment of this Act, 
        the Secretary of the Interior shall report to Congress 
        concerning--
                    (A) any criteria, in addition to those specified in 
                this section, that should be utilized in order to 
                identify a portion of the public lands that should be 
                considered for designation as a National Conservation 
                Area;
                    (B) any management requirements, in addition to 
                those specified in this section, that should be 
                included in any legislation designating a portion of 
                the public lands as a National Conservation Area; and
                    (C) any portions of the public lands the Secretary 
                has identified as suitable and that the Secretary 
                recommends for designation as one or more National 
                Conservation Areas.
    (c) Designation.--No portion of the public lands shall be 
designated as a National Conservation Area except by Act of Congress

                                 <all>

HR 1603 IH----2
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