Andy Kerr - Table 1: NCAs Designated by Congress

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Table 1

Comparison of Bureau of Land Management National Conservation Areas

National Conservation Area	King Range	Steese	El Malpais	San Pedro Riparian	Red Rock Canyon	Gila Box Riparian	Snake River Birds of Prey	Gunnison Gorge	Colorado Canyons	Black Rock Desert-High Rock Canyon Emigrant Trails

Established	Oct. 21, 1970	Dec. 2, 1980	Dec. 31, 1987	Nov. 18, 1988	Nov. 16, 1990	Nov. 28, 1990	Aug. 4, 1993	Oct. 21, 1999	Oct. 24, 2000	Dec. 21, 2000

Public Law	91-476	96-487	100-225	100-696	101-621	101-628	103-64	106-76	106-353	106-554

Area (acres)	60,000	1,220,000	262,690	56,431	195,780	20,767	484,873	57,725	122,300	797,100

State	California	Alaska	New Mexico	Arizona	Nevada	Arizona	Idaho	Colorado	Colo./Utah	Nevada

White House	Republican	Democrat	Republican	Republican	Republican	Republican	Democrat	Democrat	Democrat	Democrat

Congress	Democrat	Democrat	Democrat	Democrat	Democrat	Democrat	Democrat	Republican	Republican	Republican

Statutory Purposes	"(C)onserving and developing, for the use and benefit of the people of the United States, the lands and other resources therein under a program of multiple usage and sustained yield."	"(P)rovide for the immediate and future protection of the lands in Federal ownership within the framework of a program of multiple use and sustained yield and for the maintenance of environmental quality …"	"(P)rotect for the benefit and enjoyment of future generations (this) area containing the La Ventana Natural Arch and the other unique and nationally important ... resources of the public lands surrounding Grants Lava Flows …"	(P)rotect the riparian area ... of the public lands surrounding the San Pedro River …"	"(C)onserve, protect and enhance for the benefit and enjoyment of present and future generations … the area … containing and surrounding the Red Rock Canyon ..."	"(C)onserve, protect and enhance the riparian and associated areas ..."	"(C)onservation, protection and enhancement of raptor populations and habitats and the natural and environmental resources and values … (and the) scientific, cultural, and educational resources and values …"	"(P)rotect the resources of the Conservation Area in accordance with (1) this Act; (2) the Federal Lands Policy and Management Act of 1976...; and (3) other applicable provisions of law."	"(C)onserve, protect, and enhance for the benefit of present and future generations the unique and nationally important values…including geological, cultural, paleontological, natural, scientific, recreational, environmental, biological, wilderness, wildlife education and scenic resources ..."	"(C)onserve, protect, and enhance for the benefit 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 …"

Statutory Values	"(N)atural resources including but not limited to the soils, bodies of water including the shorelines thereof, forest growth including timber, vegetative cover including forage, fish, and other wildlife, and geological resources including minerals."	"(C)aribou range and Birch Creek" (Wild and Scenic River (designated as wild)).	"(U)nique and nationally important geological, archeological, ecological, cultural, scenic, scientific and wilderness resources …"	"(A)quatic, wildlife, archeological, paleontological, scientific, cultural, educational and recreational resources ..."	"(U)nique and nationally important geologic, archeological, ecological, cultural, scenic, scientific, wildlife, riparian, wilderness, endangered species, and recreation resources ..."	"(A)quatic, wildlife, archaeological, paleontological, scientific, cultural, educational, scenic, and other resources and values.…"	Densest known nesting populations of raptors in North America; historical, cultural and archaeological resources; military training area; World Center for Birds of Prey; Raptor Research and Technical Assistance Center; domestic livestock grazing; hydro-electric facilities.	"(R)ecognized for offering exceptional multiple use opportunities… natural, cultural, scenic, wilderness, and recreational resources…"	"The areas…contain unique and valuable scenic, recreational, multiple use opportunities (including grazing), paleontological, natural, and wildlife components enhanced by the rural western setting…."	Segments of historic California emigrant Trails; wilderness landscape; absence of development; Great Basin plant and animal species; cultural, archeological, paleontological, and geographical resources; domestic livestock grazing.

Statutory Uses	"(I)ncluding but not limited to ... scenic enjoyment, hunting, fishing, hiking, riding, camping, picnicking, boating and swimming, all uses of water resources, watershed management, production of timber and other forest producers, grazing and other agricultural uses, fish and wildlife management, mining, preservation of ecological balance, scientific study, occupancy and access."	None stated.	Managed to "protect the resources specified (above)" in accordance with FLPMA and "other applicable provisions of law, including those provisions relating to grazing on public lands"; hunting and trapping permitted in accordance with New Mexico state law, except zones established for public safety, administration or public enjoyment.	"The Secretary shall only allow such uses ... (that) will further the primary purposes for which the conservation area is established."	"The Secretary shall only allow such uses of the conservation area as he finds will further the purposes for which the conservation area is established"; nothing shall preclude the Secretary from taking measures to prevent devastating fire or infestation of insects or disease within the NCA; hunting permitted in accordance with Nevada state law, except zones established for public safety, administration or public enjoyment.	"The Secretary shall allow only such uses ... (that) will further the purposes for which the conservation area is established."	"(T)he Secretary shall allow only such uses of lands in the conservation area as ... will further the purposes for which the Conservation Area is established," except for National Guard training and livestock grazing (see below).	Motorized vehicles (see below); hunting, trapping and fishing in accordance with Colorado law, except zones established for public safety, administration or public enjoyment.	"(O)nly such uses … (that) will further the purposes for which the Conservation Area is established," including livestock grazing (see below); and hunting, trapping and fishing in accordance with Colorado and Utah law, except zones established for public safety, administration, or public enjoyment.	"(O)nly such uses … (that) will further the purposes for which the conservation area is established," except livestock grazing (see below); "large-scale permitted events in defined, low impact areas of the Black Rock Desert playa" (Burning Man); and hunting, trapping and fishing in accordance with Nevada law.

Water Rights Provision	No provision.	No provision.	Enough reserved to fulfill purposes of the NCA.	Enough reserved to fulfill purposes of the NCA.	Enough reserved to fulfill purposes of the NCA.	Enough reserved to fulfill purposes of the NCA.	Expressly no reserved water right to fulfill purposes of the NCA.	Expressly no reserved water right to fulfill purposes of the NCA. Allows for establishing new water right under Colorado law.	Expressly no reserved water right. Allows for establishing new water right under Colorado law. Adjacent segment of Colorado River specifically excluded as part of the NCA.	No provision.

Law Enforcement Provision	No provision.	No provision.	No provision.	Fines and imprisonment authorized.	No provision.	Fines and imprisonment authorized.	No provision.	No provision.	No provision.	No provision.

Hydroelectric Development Provision	No provision.	No provision.	No provision.	No provision.	No provision.	No provision.	Expressly allowed.	No provision.	Prohibits federal government from developing new "water resource facili(ties)" in the NCA, including "hydropower projects."	No provision.

Motorized Vehicles Provision	No provision.	No provision.	No provision.	"(O)nly ... allowed on roads specifically designated for such use ...."	Limited to designated roads and trails.	"(P)ermitted only on roads specifically designated for such use...."	No provision.	"In addition to the use of motorized vehicles on established roadways, … (they are also) allowed to the extent the use is compatible with off-highway vehicle designations as described in the management plan in effect on the date of enactment."	Limited to designated roads and trails.	Limited to designated roads and trails.

Wood Provision	Expressed use (see "Uses" above).	No provision.	Commercial sale of dead or green wood prohibited.	No provision.	No provision.	No provision.	No provision.	No provision.	No provision.	No provision.

Mineral Withdrawal Provision	Prospecting and patents are subject to "reasonable regulation" as the Secretary may issue.	Withdrawn from location, entry and patent; leasing and sale continued. Secretary may classify lands as open to entry, location and patent. All valid claims subject to "reasonable regulations ... to assure that mining will, to the maximum extent practicable, be consistent with the scenic, scientific, cultural and other resources ..." Patents for minerals only.	All lands 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 disposition under all laws pertaining to mineral and geothermal leasing. Also includes provision for exchanges of mineral interests.	All lands 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 disposition under all laws pertaining to mineral and geothermal leasing.	All lands 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 disposition under all laws pertaining to mineral and geothermal leasing.	All lands 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 disposition under all laws pertaining to mineral and geothermal leasing.	All lands 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 disposition under all laws pertaining to mineral and geothermal leasing; except "sale"(able) minerals from existing sites allowed "to the extent compatible with the purposes..."	All lands 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 disposition under all laws pertaining to mineral and geothermal leasing.	All lands 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 disposition under all laws pertaining to mineral and geothermal leasing.	All lands 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 disposition under all laws pertaining to mineral and geothermal leasing.

Wilderness Provision	No provision.	No provision NCA overlaps existing Wilderness.	Wilderness designated within NCA; new Wilderness Study Area designated.	No provision.	Wilderness Study Areas expressly unaffected.	No provision.	Wilderness Study Areas expressly released.	Wilderness designated within NCA; Wilderness Study Area released.	Wilderness designated within NCA.	Wilderness designated within NCA.

Land Acquisition Provision	Donation, purchase, or exchange.	No provision.	Donation, purchase, exchange, transfer from another federal agency.	Donation, purchase or exchange.	Donation, purchase, exchange, transfer from another federal agency, or limited condemnation.	Donation, purchase or exchange.	Donation, purchase, exchange, transfer from another federal agency.	No provision.	Donation, purchase or exchange.	No provision.

Livestock Grazing Provision	Expressed use (see "Uses" above).	No provision.	"(S)hall be permitted to continue, pursuant to applicable Federal law, including this subchapter, and subject to such reasonable regulations, policies and practices as the Secretary deems necessary."	No provision.	No provision.	No provision.	"So long as the Secretary determines that domestic livestock grazing is compatible with the purposes for which the conservation area is established, the Secretary shall permit such use of public lands within the conservation area, to the extent such use of such lands is compatible with such purposes." Livestock grazing is managed according to Taylor Grazing Act and related laws.	No provision.	"(T)he Secretary shall issue and administer any grazing leases or permits in the Conservation Area…in accordance with the same laws (including regulations) and Executive orders followed by the Secretary in issuing and administering grazing leases and permits on other land under the jurisdiction of the Bureau of Land Management."	"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."

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