[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2273 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Rock Desert-High Rock Canyon
Emigrant Trails National Conservation Area Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The areas of northwestern Nevada known as the Black
Rock Desert and High Rock Canyon contain and surround the last
nationally significant, untouched segments of the historic
California Emigrant Trails, including wagon ruts, historic
inscriptions, and a wilderness landscape largely unchanged
since the days of the pioneers.
(2) The relative absence of development in the Black Rock
Desert and High Rock Canyon areas from emigrant times to the
present day offers a unique opportunity to capture the terrain,
sights, and conditions of the overland trails as they were
experienced by the emigrants and to make available to both
present and future generations of Americans the opportunity of
experiencing emigrant conditions in an unaltered setting.
(3) The Black Rock Desert and High Rock Canyon areas are
unique segments of the Northern Great Basin and contain broad
representation of the Great Basin's land forms and plant and
animal species, including golden eagles and other birds of
prey, sage grouse, mule deer, pronghorn antelope, bighorn
sheep, free roaming horses and burros, threatened fish and
sensitive plants.
(4) The Black Rock-High Rock region contains a number of
cultural and natural resources that have been declared eligible
for National Historic Landmark and Natural Landmark status,
including a portion of the 1843-44 John Charles Fremont
exploration route, the site of the death of Peter Lassen, early
military facilities, and examples of early homesteading and
mining.
(5) The archeological, paleontological, and geographical
resources of the Black Rock-High Rock region include numerous
prehistoric and historic Native American sites, wooly mammoth
sites, some of the largest natural potholes of North America,
and a remnant dry Pleistocene lakebed (playa) where the
curvature of the Earth may be observed.
(6) The two large wilderness mosaics that frame the
conservation area offer exceptional opportunities for solitude
and serve to protect the integrity of the viewshed of the
historic emigrant trails.
(7) Public lands in the conservation area have been used
for domestic livestock grazing for over a century, with
resultant benefits to community stability and contributions to
the local and State economies. It has not been demonstrated
that continuation of this use would be incompatible with
appropriate protection and sound management of the resource
values of these lands; therefore, it is expected that such
grazing will continue in accordance with the management plan
for the conservation area and other applicable laws and
regulations.
(8) The Black Rock Desert playa is a unique natural
resource that serves as the primary destination for the
majority of visitors to the conservation area, including
visitors associated with large-scale permitted events. It is
expected that such permitted events will continue to be
administered in accordance with the management plan for the
conservation area and other applicable laws and regulations.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``public lands'' has the meaning stated in
section 103(e) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702(e)).
(3) The term ``conservation area'' means the Black Rock
Desert-High Rock Canyon Emigrant Trails National Conservation Area
established pursuant to section 4 of this Act.
SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA.
(a) Establishment and Purposes.--In order to conserve, protect, and
enhance for the benefit and enjoyment of present and future generations
the unique and nationally important historical, cultural,
paleontological, scenic, scientific, biological, educational, wildlife,
riparian, wilderness, endangered species, and recreational values and
resources associated with the Applegate-Lassen and Nobles Trails
corridors and surrounding areas, there is hereby established the Black
Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area
in the State of Nevada.
(b) Areas Included.--The conservation area shall consist of
approximately ______ acres of public lands as generally depicted on the
map entitled ``Black Rock Desert Emigrant Trail National Conservation
Area'' and dated ______.
(c) Maps and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall submit to
Congress a map and legal description of the conservation area. The map
and legal description shall have the same force and effect as if
included in this Act, except the Secretary may correct clerical and
typographical errors in such map and legal description. Copies of the
map and legal description shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land Management.
SEC. 5. MANAGEMENT.
(a) Management.--The Secretary, acting through the Bureau of Land
Management, shall manage the conservation area in a manner that
conserves, protects and enhances its resources and values, including
those resources and values specified in subsection 4(a), in accordance
with this Act, the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), and other applicable provisions of law.
(b) Access.--
(1) In general.--The Secretary shall maintain adequate
access for the reasonable use and enjoyment of the conservation
area.
(2) Existing public roads.--The Secretary is authorized to
maintain public roads within the boundaries of the conservation
area in a manner consistent with the purposes for which the
conservation area was established.
(c) Uses.--
(1) Off-highway vehicle use.--Except where needed for
administrative purposes or to respond to an emergency, use of
motorized vehicles in the conservation area shall be permitted
only on roads and trails and in other areas designated for use
of motorized vehicles as part of the management plan prepared
pursuant to subsection (e).
(2) Permitted events.--The Secretary may continue to permit
large-scale events in defined, low impact areas of the Black
Rock Desert playa in the conservation area in accordance with
the management plan prepared pursuant to subsection (e).
(d) Hunting, Trapping, and Fishing.--Nothing in this Act shall be
deemed to diminish the jurisdiction of the State of Nevada with respect
to fish and wildlife management, including regulation of hunting and
fishing, on public lands within the conservation area.
(e) Management Plan.--Within three years following the date of
enactment of this Act, the Secretary shall develop a comprehensive
resource management plan for the long-term protection and management of
the conservation area. The plan shall be developed with full public
participation and shall describe the appropriate uses and management of
the conservation area consistent with the provisions of this Act. The
plan may incorporate appropriate decisions contained in any current
management or activity plan for the area and may use information
developed in previous studies of the lands within or adjacent to the
conservation area.
(f) Grazing.--Where the Secretary of the Interior currently permits
livestock grazing in the conservation area, such grazing shall be
allowed to continue subject to all applicable laws, regulations, and
executive orders.
(g) Visitor Service Facilities.--The Secretary is authorized to
establish, in cooperation with other public or private entities as the
Secretary may deem appropriate, visitor service facilities for the
purpose of providing information about the historical, cultural,
ecological, recreational, and other resources of the conservation area.
SEC. 6. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, and except as
provided in section 9(b)(2), all Federal lands within the conservation
area and all lands and interests therein which are hereafter acquired
by the United States are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws, from location,
entry, and patent under the mining laws, and from operation of the
mineral leasing and geothermal leasing laws and all amendments thereto.
SEC. 7. NO BUFFER ZONES.
The Congress does not intend for the establishment of the
conservation area to lead to the creation of protective perimeters or
buffer zones around the conservation area. The fact that there may be
activities or uses on lands outside the conservation area that would
not be permitted in the conservation area shall not preclude such
activities or uses on such lands up to the boundary of the conservation
area consistent with other applicable laws.
SEC. 8. WATER RIGHTS.
(a) Within the conservation area designated by this Act, there is
hereby reserved a quantity of water sufficient to fulfill the purposes
for which the conservation area is established.
(b) The priority date of the water rights reserved in subsection
(a) shall be the date of the enactment of this Act.
(c) The Secretary shall take steps necessary to protect the rights
reserved by this section, including the filing of a claim for the
quantification of such rights in any appropriate water adjudication in
the courts of the State of Nevada in which the United States is or may
be joined and which is conducted in accordance with the McCarran
Amendment (43 U.S.C. 666).
(d) The Federal water rights reserved by this Act shall be in
addition to any water rights which may have been previously secured by
the United States for purposes other than for the conservation area.
(e) Nothing in this title shall be construed as a relinquishment or
reduction of any water rights reserved or appropriated by the United
States in the State of Nevada on or before the date of enactment of
this Act.
SEC. 9. WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act of 1964 (16 U.S.C. 1131 et seq.), the following lands in the State
of Nevada are designated as wilderness, and, therefore, as components
of the National Wilderness Preservation System:
(1) Certain lands in the Black Rock Desert Wilderness Study
Area comprised of approximately ______ acres, as generally
depicted on a map entitled ``Black Rock Desert Wilderness--
Proposed'' and dated ______, and which shall be known as the
Black Rock Desert Wilderness.
(2) Certain lands in the Pahute Peak Wilderness Study Area
comprised of approximately ______ acres, as generally depicted
on a map entitled ``Pahute Peak Wilderness--Proposed'' and
dated ______, and which shall be known as the Pahute Peak
Wilderness.
(3) Certain lands in the North Black Rock Range Wilderness
Study Area comprised of approximately ______ acres, as
generally depicted on a map entitled ``North Black Rock Range
Wilderness--Proposed'' and dated ______, and which shall be
known as the North Black Rock Range Wilderness.
(4) Certain lands in the East Fork High Rock Canyon
Wilderness Study Area comprised of approximately ______ acres,
as generally depicted on a map entitled ``East Fork High Rock
Canyon Wilderness--Proposed'' and dated ______, and which shall
be known as the East Fork High Rock Canyon Wilderness.
(5) Certain lands in the High Rock Lake Wilderness Study
Area comprised of approximately ______ acres, as generally
depicted on a map entitled ``High Rock Lake Wilderness--
Proposed'' and dated ______, and which shall be known as
the High Rock Lake Wilderness.
(6) Certain lands in the Yellow Rock Canyon Wilderness
Study Area comprised of approximately ______ acres, as
generally depicted on a map entitled ``Yellow Rock Canyon
Wilderness--Proposed'' and dated ______, and which shall be
known as the Yellow Rock Canyon Wilderness.
(7) Certain lands in the Little High Rock Canyon Wilderness
Study Area comprised of approximately ______ acres, as
generally depicted on a map entitled ``Little High Rock Canyon
Wilderness--Proposed'' and dated ______, and which shall be
known as the Little High Rock Canyon Wilderness.
(8) Certain lands in High Rock Canyon Wilderness Study Area
comprised of approximately ______ acres, as generally depicted
on a map entitled ``High Rock Canyon Wilderness--Proposed'' and
dated ______, and which shall be known as the High Rock Canyon
Wilderness.
(9) Certain lands in the Calico Mountains Wilderness Study
Area comprised of approximately ______ acres, as generally
depicted on a map entitled ``Calico Mountains Wilderness--
Proposed'' and dated ______, and which shall be known as the
Calico Mountains Wilderness.
(10) Certain lands in the South Jackson Mountains
Wilderness Study Area comprised of approximately ______ acres,
as generally depicted on a map entitled ``South Jackson
Mountains Wilderness--Proposed'' and dated ______, and which
shall be known as the South Jackson Mountains Wilderness.
(11) Certain lands in the North Jackson Mountains
Wilderness Study Area comprised of approximately ______ acres,
as generally depicted on a map entitled ``North Jackson
Mountains Wilderness--Proposed'' and dated ______, and which
shall be known as the North Jackson Mountains Wilderness.
(b) Administration of Wilderness Areas.--
(1) In general.--Subject to valid existing rights, and
except as provided in paragraph (2), each wilderness area
designated by this Act shall be administered by the Secretary
in accordance with the provisions of the Wilderness Act, except
that any reference in such provisions of the effective date of
the Wilderness Act shall be deemed to be a reference to the
date of enactment of this Act and any reference to the
Secretary of Agriculture shall be deemed to be a reference to
the Secretary of the Interior.
(2) Mining activities allowed.--Notwithstanding any other
provision of law, those lands in the Calico Mountains
Wilderness, as depicted on a map entitled ``Calico Mountains
Wilderness--Special Management Area,'' and dated ______, shall
be open to exploration and development activities under the
mining laws for a period of fifteen years after the date of
enactment of this Act, subject to the same regulations applied
to such activities on public lands not designated as wilderness
or under wilderness review.
(c) Maps and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall submit to
Congress a map and legal description of the wilderness areas designated
under this Act. The map and legal description shall have the same force
and effect as if included in this Act, except the Secretary may correct
clerical and typographical errors in such map and legal description.
Copies of the map and legal description shall be on file and available
for public inspection in the appropriate offices of the Bureau of Land
Management.
(d) Grazing.--Within the wilderness areas designated under
subsection (a), the grazing of livestock, where established prior to
the date of enactment of this Act, shall be permitted to continue
subject to such reasonable regulations, policies, and practices as the
Secretary deems necessary, as long as such regulations, policies, and
practices fully conform with and implement the intent of Congress
regarding grazing in such areas as such intent is expressed in the
Wilderness Act and section 101(f) of Public Law 101-628.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
<all>