I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORIZATION.

4 There are hereby authorized to be appropriated such

5 sums as may be necessary for programs, functions, and

6 activities of the Bureau of Land Management, Depart7 ment of the Interior (including amounts necessary for in8 creases in salary, pay, retirements, and other employee
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1 benefits authorized by law, and for other nondiscretionary

2 costs), during fiscal years beginning on October 1, 1993,

3 and ending September 30, 1997.

4 SEC. 2. STATUTORY REFERENCE.

5 As used hereafter in this Act, the terms ‘‘the Act’’

6 and ‘‘FLPMA’’ mean the Federal Land Policy and Man7 agement Act of 1976 (43 U.S.C. 1701 et seq.).

8 SEC. 3. FLPMA DEFINITIONS.

9 (a) AREAS OF CRITICAL ENVIRONMENTAL CON10 CERN.—Section 103(a) of the Act (43 U.S.C. 1702(a)) is

11 amended to read as follows:

12 ‘‘(a) The term ‘areas of critical environmental con13 cern’ means those areas (whether or not previously af14 fected by one or more uses or developments) identified by

15 the Secretary as areas where special management atten16 tion is required (which, among other things, may in some

17 instances include restrictions on or prohibitions of any fur18 ther development) in order—

19 ‘‘(1) to protect important resources and values

20 (including but not limited to environmental, ecologi21 cal, historic, cultural, scenic, fish and wildlife, and

22 scientific resources or values) located on or likely to

23 be affected by the use of specific portions of the

24 public lands (but Congress does not intend that the
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1 Secretary establish protective perimeters or buffer

2 zones around such areas);

3 ‘‘(2) to protect life and provide safety from nat4 ural hazards; or

5 ‘‘(3) to protect or enhance the resources and

6 values of a conservation system unit, but it is not

7 the intent of Congress that the Secretary establish

8 protective perimeters or buffer zones around con9 servation system units.’’.

10 (b) CONSERVATION SYSTEM UNIT.—Section 103 of

11 the Act (43 U.S.C. 1702) is amended by adding at the

12 end thereof the following new subsection:

13 ‘‘(q) The term ‘conservation system unit’ means any

14 unit of the National Park System, National Wildlife Ref15 uge System, National Wild and Scenic Rivers System, Na16 tional Trails System, National Wilderness Preservation

17 System, or a National Conservation Area, National Recre18 ation Area, or National Forest Monument.’’.

19 SEC. 4. MAJOR USES AND INVENTORIES.

20 (a) DEFINITION.—Section 103(1) of the Act (43

21 U.S.C. 1702(1)) is amended—

22 (1) by striking ‘‘fish and wildlife development

23 and utilization,’’ and inserting in lieu thereof ‘‘main24 tenance of plant communities, maintenance of fish
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1 and wildlife populations and habitat, utilization of

2 fish or wildlife populations,’’; and

3 (2) by striking ‘‘and timber production’’ and in4 serting in lieu thereof ‘‘timber production, reforest5 ation, and scientific research’’.

6 (b) INVENTORY.—Section 201(a) of the Act (43

7 U.S.C. 1711(a)) is amended by striking the period at the

8 end of the first sentence and inserting in lieu thereof ‘‘and

9 riparian areas.’’.

10 (c) MANAGEMENT DECISIONS.—Section 202(e)(2) of

11 the Act (43 U.S.C. 1712(e)(2)) is amended by striking

12 ‘‘the Congress adopts a concurrent resolution’’ and insert13 ing in lieu thereof ‘‘there is enacted a joint resolution’’.

14 SEC. 5. PLANNING REQUIREMENTS.

15 (a) DEADLINES.—Section 202(a) of the Act (43

16 U.S.C. 1712(a)) is amended—

17 (1) by designating section 202(a) as section

18 202(a)(1); and

19 (2) by adding at the end of section 202(a) the

20 following new paragraphs:

21 ‘‘(2) Land use plans meeting the requirements of this

22 Act shall be developed for all the public lands outside Alas23 ka no later than January 1, 1998, and for all public lands

24 no later than January 1, 2000.
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1 ‘‘(3) Land use plans shall be revised from time to

2 time when the Secretary finds that conditions have

3 changed so as to make such revision appropriate or nec4 essary for proper management of the public lands covered

5 by any such plan. The Secretary shall review each plan

6 at least once every 15 years in order to determine the need

7 for or appropriateness of revision of such plan pursuant

8 to this paragraph.’’.

9 (b) CRITERIA.—(1) Section 202(c)(1) of the Act (43

10 U.S.C. 1712(c)(1)) is amended to read as follows:

11 ‘‘(1) use and observe the principles of multiple

12 use and sustained yield set forth in this and other

13 applicable law and evaluate the feasibility of meas14 ures, consistent with such principles, that would en15 hance the extent to which the public lands can sup16 port increases in the numbers and types of plant

17 communities and fish and wildlife populations lo18 cated on or supported by such lands;’’.

19 (2) Section 202(c)(3) of the Act (43 U.S.C.

20 1712(c)(3)) is amended to read as follows:

21 ‘‘(3) give priority to the designation and protec22 tion of areas of critical environmental concern and

23 to identification, protection, and enhancement of the

24 ecological, environmental, fish and wildlife, and

25 other resources and values of riparian areas;’’.
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1 (3) Section 202(c)(5) of the Act (43 U.S.C.

2 1712(c)(5)) is amended to read as follows:

3 ‘‘(5) consider present and potential uses (in4 cluding recreational and other nonconsumptive uses)

5 of the public lands;’’.

6 SEC. 6. PROFESSIONAL QUALIFICATIONS.

7 Section 301(c) of the Act (43 U.S.C. 1731(c)) is

8 amended to read as follows:

9 ‘‘(c) In addition to the Director, there shall be a Dep10 uty Director and so many Assistant Directors, State Di11 rectors, and other employees as may be necessary, ap12 pointed by the Secretary. After May 1, 1989, no person

13 may be appointed as Deputy Director of the Bureau (ex14 cept for Deputy Director for External Affairs) or as an

15 Assistant Director or State Director who is not at the time

16 of appointment either a career appointee (as defined in

17 section 3132(4) of title 5, United States Code) or in the

18 competitive service. Other employees shall be appointed

19 subject to provisions of law applicable to appointments in

20 the competitive service, and shall be paid in accordance

21 with the provisions applicable to such service.’’.

22 SEC. 7. PENALTIES.

23 (a) FLPMA.—Section 303(a) of the Act (43 U.S.C.

24 1733(a)) is amended by striking ‘‘no more than $1,000’’

25 and by inserting ‘‘no more than $10,000’’.
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1 (b) PUBLIC LAW 92–195.—Section 8 of Public Law

2 92–195 (16 U.S.C. 1338(a)) is amended by striking ‘‘not

3 more than $2,000’’ and by inserting ‘‘not more than

4 $10,000’’.

5 SEC. 8. MANAGEMENT OF LANDS AND PUBLIC PARTICIPA6 TION.

7 (a) IN GENERAL.—The last sentence of section

8 302(b) of the Act (43 U.S.C. 1732(b)) is amended to read

9 as follows:

10 ‘‘In managing the public lands, the Secretary, by reg11 ulation or otherwise, shall take any action necessary to

12 prevent unnecessary degradation of such lands, to mini13 mize adverse environmental impacts on such lands and

14 their resources resulting from use, occupancy, or develop15 ment of such lands, and to prevent impairment or deroga16 tion of the resources and values of conservation system

17 units.’’.

18 (b) ADVISORY COUNCILS.—Section 309(a) of the Act

19 (43 U.S.C. 1739(b)) is amended—

20 (1) by striking the period at the end of the first

21 sentence and inserting in lieu thereof ‘‘, including

22 the protection of environmental quality, the manage23 ment and enhancement of fish and wildlife popu24 lations and habitat, and outdoor recreation.’’; and
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1 (2) by striking the period at the end of the

2 fourth sentence and inserting in lieu thereof ‘‘, who

3 shall provide an opportunity for interested members

4 of the public to suggest persons for appointment.’’.

5 (c) ACEC REGULATIONS.—Section 310 of the Act

6 (43 U.S.C. 1740) is amended by designating the existing

7 provisions thereof as subsection (a) and adding the follow8 ing new subsection:

9 ‘‘(b) By regulation, the Secretary shall provide an op10 portunity for members of the public to propose specific

11 areas for consideration for designation as areas of critical

12 environmental concern pursuant to section 201 of this

13 Act.’’.

14 SEC. 9. FUTURE REAUTHORIZATIONS.

15 Section 318(b) of the Act (43 U.S.C. 1748(b)) is

16 amended by striking ‘‘May 15, 1977, and not later than

17 May 15 of each second even numbered year thereafter’’

18 and inserting in lieu thereof ‘‘January 1, 1993, and Janu19 ary 1 of each second odd-numbered year thereafter’’.

20 SEC. 10. EXEMPTION FROM STRICT LIABILITY.

21 Section 504(h) of the Act (43 U.S.C. 1764(h)) is

22 amended by adding at the end thereof the following new

23 paragraph:

24 ‘‘(3) No regulation shall impose liability without fault

25 with respect to a right-of-way granted, issued, or renewed
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1 under this Act to a nonprofit entity or an entity qualified

2 for financing under the Rural Electrification Act of 1936,

3 as amended, if such entity uses such right-of-way for the

4 delivery of electricity to parties having an equity interest

5 in such entity. However, the Secretary may condition the

6 grant, issuance, or renewal of a right-of-way to such entity

7 for such purpose on the provision by such entity of a bond

8 or other appropriate security, pursuant to subsection (i)

9 of this section.’’.

10 SEC. 11. CONGRESSIONAL REVIEWS.

11 (a) SALES.—Section 203(c) of the Act (43 U.S.C.

12 1713(c)) is amended by striking ‘‘and then only if the

13 Congress has not adopted a concurrent resolution stating

14 that such House does not approve of such designation’’,

15 and by inserting in lieu thereof ‘‘unless there is enacted

16 a joint resolution disapproving such designation’’.

17 (b) WITHDRAWALS.—Section 204 of the Act (43

18 U.S.C. 1713) is amended as follows:

19 (1) By striking from subsection (c) the words

20 ‘‘if the Congress has adopted a concurrent resolution

21 stating that such House does not approve the with22 drawal’’ and by inserting in lieu thereof ‘‘if prior to

23 the end of such 90-day period there is enacted a

24 joint resolution disapproving the withdrawal’’.
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1 (2) By striking from subsection (l)(2) the words

2 ‘‘the Congress has adopted a concurrent resolution’’

3 and by inserting in lieu thereof ‘‘there has been en4 acted a joint resolution’’.

5 SEC. 12. CONFORMING AMENDMENTS.

6 (a) REPEAL.—Section 215 of the Act is hereby

7 repealed.

8 (b) GRAZING STUDY.—Section 401 of the Act (43

9 U.S.C. 1751) is amended by repealing subsection (a) and

10 paragraph (b)(1), by redesignating paragraph (b)(2) as

11 paragraph (a)(1), and by redesignating paragraph (b)(3)

12 as paragraph (a)(2).

13 SEC. 13. JUDICIAL REVIEW.

14 (a) Title VII of the Act is amended by adding at the

15 end thereof the following:

16 ‘‘JUDICIAL REVIEW

17 ‘‘SEC. 708. Any agency action or failure to act to im18 plement this Act, including the whole or part of any agen19 cy rule, order, license, sanction, relief, or the equivalent

20 or denial thereof, shall be subject to judicial review in ac21 cordance with and to the extent provided by the Adminis22 trative Procedure Act (5 U.S.C. 551–559 and 701 et seq.).

23 For the purposes of this section, the term ‘rule’ has the

24 same meaning as such term has in the Administrative Pro25 cedure Act (5 U.S.C. 551(4)).’’.
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1 (b) The table of contents of the Act is amended by

2 inserting after the item relating to section 707 the follow3 ing new item:

‘‘Sec. 708. Judicial review.’’.

4 SEC. 14. CLAIMED RIGHTS-OF-WAY.

5 The Act is hereby amended by adding at the end of

6 title III the following new sections 319 and 320:

7 ‘‘SEC. 319. RECORDATION OF CLAIMED RIGHTS-OF-WAY.

8 ‘‘(a) FILING REQUIREMENTS.—(1) Any party claim9 ing to be a holder of a right-of-way across public or other

10 Federal lands for the construction of a highway pursuant

11 to a grant made by Revised Statutes section 2477 (43

12 U.S.C. 932) that became operative before repeal of such

13 section on October 21, 1976, shall, on or before January

14 1, 1994, file for record in the office or offices of the Bu15 reau of Land Management responsible for management of

16 public lands within the State or States wherein such

17 claimed right-of-way is located either a notice of intent

18 to hold and maintain the right-of-way or a notice of aban19 donment of such party’s claim to be the holder of such

20 right-of-way. A notice of intent to hold and maintain such

21 a right-of-way shall be accompanied by information con22 cerning the actual construction, maintenance, and public

23 use on which such party bases its claim to have established

24 such a right-of-way, and by such other information regard25 ing the uses, location, and extent of such claimed right-
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1 of-way as the Secretary of the Interior may require. The

2 Secretary may allow information already in the possession

3 of the Bureau of Land Management to be included by ref4 erence to the documents in which such information is re5 corded.

6 ‘‘(2) A party filing a notice pursuant to paragraph

7 (1) shall also simultaneously file a copy thereof in the ap8 propriate office of any other agency responsible for man9 agement of any Federal lands traversed by the claimed

10 right-of-way, and shall give public notice of the party’s in11 tention to hold and maintain or to abandon the claimed

12 right-of-way by publication of information concerning such

13 intention in one or more newspapers of general circulation

14 in the areas where the affected lands are located.

15 ‘‘(b) EFFECT.—(1) The failure of any party subject

16 to the requirements of subsection (a) to file the notices

17 or to publish the information required to be filed and pub18 lished by such subsection within the time specified by such

19 subsection shall be conclusively deemed to constitute an

20 abandonment and relinquishment of a right-of-way with

21 respect to which such filing and publication is required

22 by such subsection.

23 ‘‘(2) Recordation pursuant to this section shall not,

24 of itself, render valid any claim which would not otherwise

25 be valid under applicable law or provide a basis for chang-
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1 ing the scope, alignment, or character or extent of use of

2 any claimed right-of-way; and nothing in this section shall

3 be construed as waiving, altering, or otherwise affecting

4 any terms or conditions applicable to any right-of-way

5 under this Act or any other applicable law.

6 ‘‘(c) INVESTIGATIONS.—(1) Upon receipt of a notice

7 filed pursuant to subsection (a) that a party intends to

8 hold and maintain a claimed right-of-way involving any

9 lands specified in paragraph (2) of this subsection, the

10 Secretary of the Interior, acting through an appropriate

11 officer of the Bureau of Land Management or (if any por12 tion of a claimed right-of-way covered by this subsection

13 is located within a unit of the National Park System) of

14 the National Park Service, shall conduct an investigation

15 to determine the validity of each such claimed right-of16 way. The Secretary shall provide an opportunity for the

17 public to contest or request an investigation of the validity

18 of any other claimed right-of-way.

19 ‘‘(2)(A) The Secretary shall investigate the validity

20 of each claimed right-of-way any portion of which in21 volves—

22 ‘‘(i) any lands within the National Park Sys23 tem, the National Wild and Scenic River System, or

24 the National Wilderness Preservation System; or
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1 ‘‘(ii) any lands being managed so as to preserve

2 their suitability for designation as wilderness, pursu3 ant to section 603 of this Act or any other provision

4 of law or regulation; or

5 ‘‘(iii) any area of critical environmental con6 cern; or

7 ‘‘(iv) any other lands whose use for highway

8 purposes would be inconsistent with the land-use

9 plans for those lands.

10 ‘‘(B) The Secretary shall also investigate any claimed

11 right-of-way not involving lands specified in subparagraph

12 (A) but with respect to which a challenge is filed that

13 states grounds which, if proved or confirmed, would con14 stitute reason to doubt the validity of such claimed right15 of-way or any portion thereof.

16 ‘‘(3) If any portion of such claimed right-of-way is

17 on Federal lands managed by an agency other than the

18 Bureau of Land Management or the National Park Serv19 ice, the investigating officer shall request the comments

20 of such agency with respect to the validity of such right21 of-way.

22 ‘‘(4) Appropriate notice to the public, including the

23 owners of any non-Federal lands affected by the claimed

24 right-of-way, shall be provided with respect to initiation

25 of each investigation carried out pursuant to this para-
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1 graph, and the investigating officer shall provide an oppor2 tunity for the public to submit comments concerning the

3 subject of the investigation.

4 ‘‘(5) If information or comments submitted to the in5 vestigating officer demonstrate that there is a dispute as

6 to any relevant facts with respect to the validity of a right7 of-way subject to an investigation under this paragraph,

8 the parties to such dispute shall be afforded an adjudica9 tory hearing on the record with respect to such disputed

10 issues of fact. Any such adjudicatory hearing shall be be11 fore a qualified administrative law judge whose findings

12 shall govern disposition of such issues of fact in any deter13 mination concerning the validity of a claimed right-of-way,

14 subject to administrative and judicial review under appli15 cable provisions of law.

16 ‘‘(6) If after an investigation pursuant to this para17 graph, the investigating officer finds either that a claimed

18 right-of-way or portion thereof is valid or that there is rea19 son to doubt the validity of such claimed right-of-way or

20 portion thereof, notice of such finding and the reasons

21 therefor shall be provided to the party claiming the right22 of-way and to all other affected parties, including the pub23 lic.

24 ‘‘(7) For purposes of this section, if any portion of

25 a claimed right-of-way includes lands managed pursuant
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1 to section 603 of this Act, that fact shall constitute a rea2 son to doubt the validity of such portion of such right3 of-way.

4 ‘‘(d) APPEALS.—(1) Any claimed right-of-way or por5 tion thereof with respect to which it is found, pursuant

6 to subsection (c), that there is reason to doubt the validity,

7 shall be deemed to be invalid unless, within 30 days after

8 such finding the party claiming the right-of-way has filed

9 with the Secretary of the Interior an appeal of such find10 ing, and the Secretary thereafter determines the right-of11 way to be valid. Any party other than the party claiming

12 the right-of-way, may intervene in any appeal filed under

13 this paragraph in support of the finding of invalidity by

14 filing with the Secretary a notice of such intervention

15 within the period allowed for filing of the appeal.

16 ‘‘(2) Any finding by the investigating officer with re17 gard to the validity or invalidity of a claimed right-of-way

18 or portion thereof valid shall become final unless within

19 30 days after such finding a notice of appeal of such find20 ing is filed with the Secretary of the Interior.

21 ‘‘(3) Any decision by the Secretary with regard to an

22 appeal under this subsection shall be made after the party

23 claiming or contesting a right-of-way has been provided

24 with the evidence upon which the investigating officer’s

25 finding regarding its validity or invalidity was based and
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1 has been given an opportunity to respond, including an

2 adjudicatory hearing on the record with respect to any dis3 puted issues of fact.

4 ‘‘(4)(A) Pending a final determination of validity with

5 respect to a claimed right-of-way that is subject to an ap6 peal under this subsection, the Federal land covered by

7 such claimed right-of-way shall be managed in accordance

8 with applicable law (including this Act) and management

9 plans as if such right-of-way did not exist, except that

10 such lands may continue to be used for lawful transpor11 tation, access, and related purposes of the same nature

12 and to the same extent as was properly permitted by the

13 Secretary on the date of enactment of this section. Any

14 such continued uses shall be subject to appropriate regula15 tions to protect the resources and values of the affected

16 lands.

17 ‘‘(B) Upon a final determination of invalidity with re18 spect to a claimed right-of-way subject to an appeal under

19 paragraph (3), Federal lands covered by such claimed

20 right-of-way shall be managed in accordance with applica21 ble law and management plans.

22 ‘‘(C) A determination by an investigating officer as

23 to the validity or invalidity of a claimed right-of-way may

24 be appealed to the Secretary by any person, provided such

25 appeal is made no later than 30 days after the determina-
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1 tion of the investigating officer. Any person filing such an

2 appeal shall be afforded an adjudicatory hearing on the

3 record with regard to any disputed issue of fact. Any deci4 sion of the Secretary regarding such an appeal shall be

5 subject to judicial review.

6 ‘‘(5) Any decision by the Secretary pursuant to this

7 subsection shall be subject to judicial review under appli8 cable provisions of law, but nothing in this subsection shall

9 be construed as affording any right to seek or participate

10 in any judicial proceeding by any party not otherwise enti11 tled to seek or participate in such proceeding.

12 ‘‘(e) CHANGE IN USE.—Any change in the scope,

13 alignment, or character of use of a valid right-of-way es14 tablished pursuant to Revised Statutes section 2477 shall

15 be subject to terms and conditions required by section 505

16 of this Act or other applicable law.

17 ‘‘(f) SAVINGS CLAUSE.—Nothing in this section shall

18 be construed as increasing or diminishing the require19 ments of any applicable law with respect to establishment,

20 construction, or maintenance of a highway for purposes

21 of obtaining a valid right-of-way pursuant to Revised Stat22 utes section 2477 prior to its repeal.
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1 ‘‘SEC. 320. RIGHT-OF-WAY IN ALASKA CONSERVATION SYS2 TEM UNITS.

3 ‘‘Nothing in this Act shall be construed as exempting

4 any proposal for any construction on or change in the

5 scope, alignment, or character or extent of use of any por6 tion of any right-of-way claimed to have been established

7 pursuant to Revised Statutes section 2477 on any lands

8 within any conservation system unit in Alaska from the

9 requirements of title XI of the Alaska National Interest

10 Lands Conservation Act.’’.

11 SEC. 15. WILD HORSE SANCTUARY REPORT.

12 (a) WAITING PERIOD.—The Secretary shall take no

13 action to remove any animals covered by Public Law 92–

14 195 (commonly known as the ‘‘Wild Free-Roaming Horses

15 and Burros Act’’) from any area being operated, under

16 an agreement with the Secretary, as a sanctuary for such

17 animals on May 22, 1991, or to alter arrangements exist18 ing on such date for care and maintenance of such ani19 mals, sooner than 120 days after transmittal to the House

20 Committee on Interior and Insular Affairs and the Senate

21 Committee on Energy and Natural Resources of the report

22 required by this section.

23 (b) REPORT.—(1) The Secretary of the Interior shall

24 report to the committees specified in subsection (a) con25 cerning the status of the sanctuaries specified in such sub26 section and any alternative arrangements that the Sec-
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1 retary may be considering to assure the continued long2 term welfare of the wild horses located on such sanctuaries

3 on May 22, 1991, with a detailed estimate of the costs

4 and advantages or disadvantages of such alternatives as

5 compared with continuation of arrangements in effect on

6 such date for such animals.

7 (2) Prior to transmitting the report required by this

8 section to the committees specified herein, the Secretary

9 shall provide an opportunity for the public to make sug10 gestions concerning the alternative arrangements to be

11 discussed in such report, and to review and comment on

12 the report.

13 SEC. 16. TABLE OF CONTENTS AMENDMENTS.

14 The table of contents of the Act is amended by insert15 ing after the item relating to section 318 the following

16 new items:

‘‘Sec. 319. Recordation of claimed rights-of-way.

‘‘Sec. 320. Right-of-way in Alaska Conservation System Units.’’.

17 SEC. 17. BONNEVILLE SALT FLATS.

18 Not later than 2 years after the date of the enact19 ment of this Act, the Secretary of the Interior shall con20 duct a study to determine the nature and extent of the

21 salt loss from the salt flat crust occurring at Bonneville

22 Salt Flats, Utah, and how best to preserve the resources

23 (including scenic, historic, economic, and recreational re24 sources) threatened by such salt loss. In conducting the
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1 study, the Secretary shall consider whether to designate

2 the Bonneville Salt Flats as a national recreation area or

3 a national conservation area. Within 90 days after the

4 completion of the study, the Secretary shall submit a re5 port to the Congress concerning such study, together with

6 recommendations, if any, of the Secretary.

7 SEC. 18. MANAGEMENT OF PUBLIC LANDS RELATING TO

8 NATURAL PRODUCTIVE CAPACITY.

9 Section 302(a) of the Act (43 U.S.C. 1732(a)) is

10 amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

12 (2) by adding at the end thereof the following:

13 ‘‘(2) The Secretary shall manage the public lands to

14 maintain and restore their natural productive capacity and

15 shall take no action to diminish the long-term sustain16 ability of the biological resource as measured by the vari17 ety within and among the native species and communities

18 of which it is comprised, except that where a tract of such

19 public land has been dedicated to specific uses according

20 to any other provision of law it shall be managed in ac21 cordance with such law.’’.

22 SEC. 19. NATIONAL CONSERVATION AREAS.

23 (a) DEFINITIONS.—As used in this section:

24 (1) ‘‘National Conservation Area’’ means a por25 tion of the public lands—
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1 (A) that contains notable natural, environ2 mental, ecological, scientific, scenic, or cultural

3 resources or values (or a combination thereof);

4 (B) that should be—

5 (i) retained in national ownership,

6 withdrawn from mineral entry and from

7 mineral and geothermal leasing, and not be

8 managed to permit commercial harvesting

9 of timber; and

10 (ii) managed for purposes of conserv11 ing, protecting, and enhancing such re12 sources or values; and

13 (C) where generally only such uses of the

14 public lands as further such management pur15 poses should be permitted.

16 (2) ‘‘Secretary’’ means the Secretary of the In17 terior

18 (3) the term ‘‘public lands’’ and all other terms

19 shall have the same meaning as such terms have

20 when used in the Federal Land Policy and Manage21 ment Act of 1976, unless otherwise specified in this

22 section.

23 (b) IDENTIFICATION OF POTENTIAL NATIONAL CON24 SERVATION AREAS.—
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1 (1) As soon as possible after the date of enact2 ment of this Act the Secretary shall undertake to

3 identify any portions of the public lands, not pre4 viously recommended for or designated as wilderness

5 and not subject to specific management require6 ments imposed by law, that would be suitable for

7 designation as one or more National Conservation

8 Areas.

9 (2) In the implementation of this subsection,

10 the Secretary shall provide an opportunity for mem11 bers of the public to make suggestions as to the

12 matters described in paragraph (3) of this sub13 section.

14 (3) No later than 3 years after the enactment

15 of this Act, the Secretary of the Interior shall report

16 to Congress concerning—

17 (A) any criteria, in addition to those speci18 fied in this section, that should be utilized in

19 order to identify a portion of the public lands

20 that should be considered for designation as a

21 National Conservation Area;

22 (B) any management requirements, in ad23 dition to those specified in this section, that

24 should be included in any legislation designat-
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1 ing a portion of the public lands as a National

2 Conservation Area; and

3 (C) any portions of the public lands the

4 Secretary has identified as suitable and that the

5 Secretary recommends for designation as one or

6 more National Conservation Areas.

7 (c) DESIGNATION.—No portion of the public lands

8 shall be designated as a National Conservation Area ex9 cept by Act of Congress

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