Black Rock Desert-High Rock Canyon
Emigrant Trails
National Conservation Area Act of 2000
[STAT. 2763 Page 114, (U.S. Statutes at Large, page 114
ff.), Public Law 106-554]
Signed into Law December 21, 2000
as Amended November 6, 2001
AN ACT
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 797,100 acres of public lands as generally
depicted on the map entitled ‘Black Rock Desert Emigrant Trail National
Conservation Area’ and dated October 3, 2001.
(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) PRIVATE LAND- The Secretary shall
provide reasonable access to privately owned land or interests in land within
the boundaries of the conservation area.
(3) EXISTING PUBLIC ROADS- The
Secretary is authorized to maintain existing public access within the
boundaries of the conservation area in a manner consistent with the purposes
for which the conservation area was established.
(c) Uses-
(1) IN GENERAL- The Secretary shall
only allow such uses of the conservation area as the Secretary finds will
further the purposes for which the conservation area is established.
(2) 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).
(3) 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.
(h) ROAD MAINTENANCE- Within the
conservation area the Secretary may permit the use of gravel pits for the
maintenance of roads within the Materials Act of 1947 (30 U.S.C. 601 et seq.)
to the extent consistent with this Act and subject to such regulations,
policies, and practices as the Secretary considers necessary.
SEC. 6. WITHDRAWAL.
(a) IN GENERAL- Subject to valid existing
rights, 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, from
operation of the mineral leasing and geothermal leasing laws and from the
minerals materials 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. 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 315,700 acres, as
generally depicted on a map entitled ‘Black Rock Desert Wilderness’1
and dated October 3, 2001, and which shall be known as the Black Rock Desert
Wilderness.
(2) Certain lands in the Pahute Peak
Wilderness Study Area comprised of approximately 57,400 acres, as generally
depicted on a map entitled ‘Pahute Peak Wilderness’1 and dated
October 3, 2001, 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 30,800 acres, as
generally depicted on a map entitled ‘North Black Rock Range Wilderness’1
and dated October 3, 2001, 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 52,800 acres,
as generally depicted on a map entitled ‘East Fork High Rock Canyon Wilderness’1
and dated October 3, 2001, 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 59,300 acres, as
generally depicted on a map entitled ‘High Rock Lake Wilderness’1
and dated October 3, 2001, and which shall be known as the High Rock Lake
Wilderness.
(6) Certain lands in the Little High
Rock Canyon Wilderness Study Area comprised of approximately 48,700 acres, as
generally depicted on a map entitled ‘Little High Rock Canyon Wilderness’1
and dated October 3, 2001, and which shall be known as the Little High Rock
Canyon Wilderness.
(7) Certain lands in the High Rock
Canyon Wilderness Study Area and Yellow Rock Canyon Wilderness Study Area
comprised of approximately 46,600 acres, as generally depicted on a map
entitled ‘High Rock Canyon Wilderness’1 and dated October 3, 2001,
and which shall be known as the High Rock Canyon Wilderness.
(8) Certain lands in the Calico
Mountains Wilderness Study Area comprised of approximately 65,400 acres, as
generally depicted on a map entitled ‘Calico Mountains Wilderness’1
and dated October 3, 2001, and which shall be known as the Calico Mountains
Wilderness.
(9) Certain lands in the South
Jackson Mountains Wilderness Study Area comprised of approximately 56,800
acres, as generally depicted on a map entitled ‘South Jackson Mountains
Wilderness’1 and dated October 3, 2001, and which shall be known as
the South Jackson Mountains Wilderness.
(10) Certain lands in the North
Jackson Mountains Wilderness Study Area comprised of approximately 24,000
acres, as generally depicted on a map entitled ‘North Jackson Mountains
Wilderness’1 and dated October 3, 2001, and which shall be known as
the North Jackson Mountains Wilderness.
(b) ADMINISTRATION OF WILDERNESS AREAS-
Subject to valid existing rights, 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 to 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.
(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.
(e) HUNTING, TRAPPING, AND FISHING-
(1) IN GENERAL- Nothing in this Act
diminishes the jurisdiction of the State of Nevada with respect to fish and
wildlife management, including regulation of hunting and fishing on public land
in the areas designated as wilderness under subsection (a).
(2) APPLICABLE LAW- Any action in the
areas designated as wilderness under subsection (a) shall be consistent with
the Wilderness Act (16 U.S.C. 1131 et seq.).
(f) WILDLAND FIRE PROTECTION- Nothing in
this Act or the Wilderness Act (16 U.S.C. 1131 et seq.) precludes a
Federal, State, or local agency from conducting wildland fire management
operations (including prescribed burns) within the areas designated as
wilderness under subsection (a), subject to any conditions that the Secretary
considers appropriate.
(g) WILDERNESS STUDY RELEASE- Congress-
(1) finds that the parcels of land in
the wilderness study areas referred to in subsection (a) that are not
designated as wilderness in subsection (a) have been adequately studied for wilderness
designation under section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782); and
(2) declares that those parcels are
no longer subject to the requirement of subsection (c) of that section
pertaining to the management of wilderness study areas in a manner that does
not impair the suitability of such areas for preservation as wilderness.
SEC. 9. AUTHORIZATION OF
APPROPRIATIONS.
There is hereby authorized to be appropriated
such sums as may be necessary to carry out the provisions of this Act.
________________________
Passed the Senate October 5, 2000.
Passed the House of
Representatives December 18, 2000
Signed by the President December
21, 2000
Amendment Signed by the President November 6, 2001