IMBA PROPOSAL FOR IMPROVED NATIONAL CONSERVATION AREAS

S._______ or H.R.________

AN ACT To establish the _______________ National Conservation Area.

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 "_______________ National Conservation Area Act of 200_".

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The area of __________ (state) known as _______________, located in ___________ County in the ___________ National Forest (or BLM area) has a relative absence of development and is suitable for protective management with a conservation and recreation emphasis.

(3) The _______________ area has significant wildlife and vegetation species worthy of preservation, including...._______________.

(4) The _______________ area has nationally significant biological, scenic, cultural, aquatic, wildlife, vegetative, recreational, geological, educational, and scientific values.

(4) Public lands in the conservation area have been used for recreation for many years, 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 recreation will continue 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 section103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).

(3) The term "conservation area" means the _______________ 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, scenic, scientific, biological, educational, wildlife, riparian, wilderness, endangered species, and recreational values and resources of the __________ of ______ County, there is hereby established the _______________ National Conservation Area in the State of ________.

(b) AREAS INCLUDED. - The conservation area shall consist of approximately ________ acres of public lands as generally depicted on the map entitled "_______________ National Conservation Area" and dated _______ , 200_.

(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 U.S.Forest Service.

SEC. 5. MANAGMENT.

(a) MANAGEMENT.

The Secretary, acting through the USDA Forest Service, 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 National Forest Management Act (__ U.S.C. ___, 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.

(4) PROHIBITION OF ROAD BUILDING. - As January 1, 200_, no new roads may be constructed within the area, provided however,

(i) the Secretary is authorized to permit the alteration of roads and road alignments for the purpose of reducing sedimentation and creating long term sustainability.

(c) CONSERVATION

(1) IN GENERAL. - The Secretary shall emphasize the conservation and preservation of natural resources, and restoration of biological diversity and native ecosystems within the conservation area.

(2) WATER QUALITY. - The Secretary shall manage the area to reduce sedimentation of watercourses and to improve water quality in the conservation area.

(3) FISHERIES. - The Secretary shall work to improve the fisheries within the conservation area, including restoration, to an extent the Secretary deems reasonable, of native fish species and populations.

(4) WILDLIFE. - The Secretary shall, in cooperation with the State of ______, endeavor to protect and enhance native wildlife and to recover and enhance any threatened and endangered species that may be in the conservation area.

(5) VEGETATION MANAGEMENT. - The Secretary shall manage non-timber vegetation to restore native plant species and populations, provide forage for native wildlife, provide forage for domestic livestock, and other purposes consistent with the purpose of the establishment of the conservation area.

(6) TIMBER HARVEST - The Secretary may permit the cutting of timber within the special management area only in those cases where in the judgment of the Secretary the cutting of such timber is required in order to control the attacks of fire, insects, or diseases or to otherwise conserve the scenery or the natural or historical objects in the area. Timber management in these areas shall incorporate the use of strategies to reduce habitat fragmentation and employ silvicultural prescriptions designed to maintain or enhance biological diversity and wildlife habitats (such as retention of standing green trees, snags, and other coarse woody debris) by providing for a high level of structural and compositional diversity in managed stands.

(7) ENVIRONMENTAL EDUCATION. - The Secretary shall promote environmental education within the conservation area.

(d) RECREATION

(1) IN GENERAL. - The Secretary shall only allow such recreation uses of the conservation area as the Secretary finds will further the purposes for which the conservation area is established. The Secretary shall endeavor to ensure, through management and mitigation activities, that recreation activities have insubstantial impacts on fish, wildlife, and vegetation within the conservation area.

(2) RECREATION OPPORTUNITIES. - In administering the conservation area, the Secretary shall provide for a broad range of recreation uses, including but not limited to hiking, bicycling, horseback riding, fishing, hunting, camping and off-highway-vehicle travel subject to the provisions of subsection (d)(3) below.

(3) MOTORIZED VEHICLES. - Except where needed for administrative purposes or to respond to an emergency, use of motorized vehicles on public lands in the conservation area shall be allowed on designated roads or trails, provided that such use shall be limited to:

(1) before the effective date of a management plan prepared pursuant to section ____, roads or trails designated for use of motorized vehicles in the management plan that applies on the date of the enactment of this Act; and

(2) after the effective date of a management plan prepared pursuant to section seven (7), roads or trails designated for use of motor vehicles in that management plan.

(e) HUNTING, TRAPPING, AND FISHING. -
Nothing in this Act shall be deemed to diminish the jurisdiction of the State of ______ with respect to fish and wildlife management, including regulation of hunting and fishing, on public lands within the conservation area.

(f) BUILDINGS, STRUCTURES AND VISITOR FACILITIES. -
After the date of enactment of this Act, no new fully-enclosed buildings or permanent structures may be constructed within the conservation area, provided however:

(1) 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.

(g) WATER FACILITIES -
After the date of enactment of this Act, no new dams, diversions or other water structures may be constructed or established within the Protection Area, provided however that existing water conveyance structures may remain and be maintained.

(h) LIVESTOCK GRAZING -
The Secretary shall endeavor to improve the management of livestock to maintain and improve water quality, native plants and wildlife, while providing reasonable opportunities for domestic grazing of forage.

SEC. 6. WITHDRAWAL.

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. CONSERVATION AREA MANAGEMENT PLAN.

(a) IN GENERAL. - Not later than four (4) years after the date of enactment of this Act, the Secretary shall develop a comprehensive plan for the long-range protection and management of the conservation area; and transmit the plan to the Committee on Energy and Natural Resources of the Senate; and the Committee on Resources of the House of Representatives.

(b) CONTENTS OF PLAN. -
The plan -

(1) shall describe the appropriate uses and management of the conservation area in accordance with this Act;

(2) may incorporate appropriate decisions contained in any management or activity plan for the area completed prior to the date of enactment of this Act;

(3) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the conservation area prior to the date of enactment of this Act;

(4) shall be prepared in close consultation with appropriate Federal, State, county, and local agencies, and with the Advisory Council provided in Section 8, below;

(5) may use information developed prior to the date of enactment of this Act in studies of the land within or adjacent to the conservation area.

(c) CONSISTENCY WITH EXISTING FOREST PLAN -
Upon completion of the plan, and only if necessary, the Secretary shall amend the Land and Resources Management Plan of the __________ National Forest to incorporate the plan for the conservation area.

SEC. 8. ADVISORY COUNCIL.

(a) ESTABLISHMENT - Not later than six (6) months after the date of the enactment of this Act, the Secretary shall establish an advisory council to be known as the "_______________ National Conservation Area Advisory Council."

(b) DUTY - The Council shall advise the Secretary with respect to preparation and implementation of the management plan, including budgetary matters, for the conservation area.

(1) the Federal Advisory Committee Act (U.S.C. App.); and

(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(3) the National Forest Management Act of 1976 (___ U.S.C. ___ et seq.)

(d) MEMBERS. - The Council shall consist of nine (9) members to be appointed by the Secretary including, to the extent practicable:

(1) A member of or nominated by the __________ County Supervisors.

(2) A member representing muscle-powered recreation.

(3) A member representing motorized recreation.

(4) A member representing environmental conservation.

(5) A member representing livestock grazing or water development interests.

(6) Four members with recognized backgrounds reflecting:

i. the purposes for which the conservation area was established;

ii. the interests of the stakeholders that are affected by the planning and management of the conservation area

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.

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