[House Report 106-934]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-934
======================================================================
ESTABLISHING THE LAS CIENEGAS NATIONAL CONSERVATION AREA IN THE STATE
OF ARIZONA
_______
October 4, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 2941]
The Committee on Resources, to whom was referred the bill
(H.R. 2941) to establish the Las Cienegas National Conservation
Area in the State of Arizona, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ESTABLISHMENT OF THE SONOITA VALLEY CONSERVATION PLANNING
DISTRICT.
(a) In General.--In order to promote cooperation, conservation, and
scientific research within the Sonoita Valley region of the State of
Arizona, there is hereby established the Sonoita Valley Conservation
Planning District.
(b) Areas Included.--The Conservation Planning District shall consist
of approximately 136,900 acres of land in the Arizona counties of Pima
and Santa Cruz, including the Conservation Area, as generally depicted
on the map entitled ``Sonoita Valley Conservation Planning District and
Las Cienegas National Conservation Area'' and dated September 11, 2000.
(c) Map 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 Planning District. In
case of a conflict between the map referred to in subsection (b) and
the map and legal description submitted by the Secretary, the map
referred to in subsection (b) shall control. The map and
legaldescription shall have the same force and effect as if included in
this Act, except that 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 Office of the Director of the Bureau of Land
Management, and in the appropriate office of the Bureau of Land
Management in Arizona.
SEC. 2. MANAGEMENT OF THE CONSERVATION PLANNING DISTRICT.
(a) In General.--The Secretary, through the Bureau of Land
Management, shall administer the public lands within the Conservation
Planning District pursuant to this Act and the applicable provisions of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and subject to valid existing rights. The Secretary shall allow
such uses of the public lands as the Secretary determines will further
the purposes described in section 1(a) for which the Conservation
Planning District was established.
(b) Fish and Wildlife.--Nothing in this Act shall be construed as
affecting the jurisdiction or responsibilities of the State of Arizona
with respect to fish and wildlife within the Conservation Planning
District.
(c) Protection of State and Private Lands and Interests.--Nothing in
this Act shall be construed as affecting any property rights of any
lands or interest in lands held by the State of Arizona, any political
subdivision of the State of Arizona, or any private property rights
within the boundaries of the Conservation Planning District.
(d) Public Lands.--Nothing in this Act shall be construed as in any
way diminishing the Secretary's or the Bureau of Land Management's
authorities, rights, or responsibilities for managing the public lands
within the Conservation Planning District.
(e) Coordinated Management.--The Secretary shall coordinate the
management of the public lands within the Conservation Planning
District with that of surrounding county, State, and private lands
consistent with the provisions of subsection (c).
(f) Advisory Council.--
(1) Establishment.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall establish a
Sonoita Valley Conservation Planning District Advisory Council
to advise the Secretary with respect to management of the
public lands described in sections 1(b) and 3(b). The Advisory
Council shall conform to the requirements of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and
the Federal Advisory Committee Act (88 Stat. 770; 5 U.S.C. App.
1).
(2) Representation.--The Advisory Council shall consist of 11
members to be appointed by the Secretary, including, to the
extent practicable--
(A) 2 members appointed from nominees submitted by
permitees holding grazing allotments within the
Conservation Planning District;
(B) 2 members interested in natural resource
conservation;
(C) 2 members interested in recreational activities;
(D) 2 members representing community group interests;
(E) 1 member representing general local and regional
interests;
(F) 1 member appointed from nominees submitted by the
Pima County Board of Supervisors; and
(G) 1 member appointed from nominees submitted by the
Santa Cruz County Board of Supervisors.
(3) Termination.--Notwithstanding section 14(a) of the
Federal Advisory Committee Act, the Advisory Council shall
terminate 10 years after the date of the enactment of this Act.
SEC. 3. ESTABLISHMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA.
(a) In General.--In order to conserve, protect, and enhance for the
benefit and enjoyment of present and future generations the unique and
nationally important aquatic, wildlife, vegetative, archaeological,
paleontological, scientific, cave, cultural, historical, recreational,
educational, scenic, rangeland, and riparian resources and values of
the public lands described in subsection (b) while allowing livestock
grazing and recreation to continue in appropriate areas, there is
hereby established the Las Cienegas National Conservation Area in the
State of Arizona.
(b) Areas Included.--The Conservation Area shall consist of
approximately 42,000 acres of public lands in the Arizona counties of
Pima and Santa Cruz, as generally depicted on the map entitled
``Sonoita Valley Conservation Planning District and Las Cienegas
National Conservation Area'' and dated September 11, 2000.
(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 legaldescription of the Conservation Area. In case
of a conflict between the map referred to in subsection (b) and the map
and legal description submitted by the Secretary, the map referred to
in subsection (b) shall control. The map and legal description shall
have the same force and effect as if included in this Act, except that
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 Office of the
Director of the Bureau of Land Management, and in the appropriate
office of the Bureau of Land Management in Arizona.
(d) Forest Lands.--Any lands included in the Coronado National Forest
that are located within the boundaries of the Conservation Area shall
be considered to be a part of the Conservation Area. The Secretary of
Agriculture shall revise the boundaries of the Coronado National Forest
to reflect the exclusion of such lands from the Coronado National
Forest.
SEC. 4. MANAGEMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA.
(a) In General.--The Secretary shall manage the Conservation Area in
a manner that conserves, protects, and enhances its resources and
values, including the resources and values specified in section 3(a),
pursuant to the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and other applicable law, including this Act.
(b) Uses.--The Secretary shall allow only such uses of the
Conservation Area as the Secretary finds will further the purposes for
which the Conservation Area is established as set forth in section
3(a).
(c) Grazing.--The Secretary of the Interior shall permit grazing
subject to all applicable laws, regulations, and Executive Orders
consistent with the purposes of this Act.
(d) 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 only--
(1) before the effective date of a management plan prepared
pursuant to section 5, on roads and 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 5, on roads and trails designated for use
of motor vehicles in that management plan.
(e) Military Airspace.--Prior to the date of the enactment of this
Act the Federal Aviation Administration approved restricted military
airspace (Areas 2303A and 2303B) which covers portions of the
Conservation Area. Designation of the Conservation Area shall not
impact or impose any altitude, flight, or other airspace restrictions
on current or future military operations or missions. Should the
military require additional or modified airspace in the future, the
Congress does not intend for the designation of the Conservation Area
to impede the military from petitioning the Federal Aviation
Administration to change or expand existing restricted military
airspace.
(f) Access to State and Private Lands.--Nothing in this Act shall
affect valid existing rights-of-way within the Conservation Area. The
Secretary shall provide reasonable access to nonfederally owned lands
or interest in lands within the boundaries of the Conservation Area.
(g) Hunting.--Hunting shall be allowed within the Conservation Area
in accordance with applicable laws and regulations of the United States
and the State of Arizona, except that the Secretary, after consultation
with the Arizona State wildlife management agency, may issue
regulations designating zones where and establishing periods when no
hunting shall be permitted for reasons of public safety,
administration, or public use and enjoyment.
(h) Preventative Measures.--Nothing in this Act shall preclude such
measures as the Secretary determines necessary to prevent devastating
fire or infestation of insects or disease within the Conservation Area.
(i) No Buffer Zones.--The establishment of the Conservation Area
shall not 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.
(j) Withdrawals.--Subject to valid existing rights all Federal lands
within the Conservation Area and all lands and interest 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 and from location, entry, and patent underthe mining laws, and
from operation of the mineral leasing and geothermal leasing laws and
all amendments thereto.
SEC. 5. MANAGEMENT PLAN.
(a) Plan Required.--Not later than 2 years after the date of the
enactment of this Act, the Secretary, through the Bureau of Land
Management, shall develop and begin to implement a comprehensive
management plan for the long-term management of the public lands within
the Conservation Area, in coordination with the management of the
Conservation Planning District, in order to fulfill the purposes for
which they are established, as set forth in sections 3(a) and 1(a),
respectively. Consistent with the provisions of this Act, the
management plan shall be developed--
(1) in consultation with appropriate departments of the State
of Arizona, including wildlife and land management agencies,
with full public participation, and with the recommendations
and advice of the Advisory Council;
(2) from the draft Empire-Cienega Ecosystem Management Plan/
EIS, dated October 2000, as it applies to Federal lands or
lands with conservation easements; and
(3) in accordance with the resource goals and objectives
developed through the Sonoita Valley Planning Partnership
process as incorporated in the draft Empire-Cienega Ecosystem
Management Plan/EIS, dated October 2000, giving full
consideration to the management alternative preferred by the
Sonoita Valley Planning Partnership, as it applies to Federal
lands or lands with conservation easements.
(b) Contents.--The management plan shall include--
(1) provisions designed to ensure the protection of the
resources and values described in sections 1(a) and 3(a);
(2) an implementation plan for a continuing program of
interpretation and public education about the resources and
values of the Conservation Area;
(3) a proposal for minimal administrative and public
facilities to be developed or improved at a level compatible
with achieving the resource objectives for the Conservation
Area and with the other proposed management activities to
accommodate visitors to the Conservation Area;
(4) cultural resources management strategies for the
Conservation Area, prepared in consultation with appropriate
departments of the State of Arizona, with emphasis on the
preservation of the resources of the Conservation Area and the
interpretive, educational, and long-term scientific uses of
these resources, giving priority to the enforcement of the
Archaeological Resources Protection Act of 1979 (16 U.S.C.
470aa et seq.) and the National Historic Preservation Act (16
U.S.C. 470 et seq.) within the Conservation Area;
(5) wildlife management strategies for the Conservation Area,
prepared in consultation with appropriate departments of the
State of Arizona and using previous studies of the Conservation
Area;
(6) production livestock grazing management strategies,
prepared in consultation with appropriate departments of the
State of Arizona;
(7) provisions designed to ensure the protection of livestock
uses of the lands included in the Conservation Area;
(8) recreation management strategies, including motorized and
nonmotorized dispersed recreation opportunities for the
Conservation Area, prepared in consultation with appropriate
departments of the State of Arizona;
(9) cave resources management strategies prepared in
compliance with the goals and objectives of the Federal Cave
Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); and
(10) provisions designed to ensure that if a road or trail
located on public lands within the Conservation Area, or any
portion of such a road or trail, is removed, consideration
shall be given to providing similar alternative access to the
portion of the Conservation Area serviced by such removed road
or trail.-
(c) Cooperative Agreements.--In order to better implement the
management plan, the Secretary may enter into cooperative agreements
with appropriate Federal, State, and local agencies pursuant to section
307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1737(b)).
(d) Research Activities.--In order to assist in the development and
implementation of the management plan, the Secretary may authorize
appropriate research, including research concerning the environmental,
biological, hydrological, cultural, agricultural, recreational, and
other characteristics, resources, and values of the Conservation Area,
pursuant to section 307(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1737(a)).
SEC. 6. LAND ACQUISITION.
(a) In General.--
(1) Priority to conservation easements.--In acquiring lands
or interest in lands under this section, the Secretary shall
give priority to such acquisitions in the form of conservation
easements.
(2) Private lands.--The Secretary is authorized to acquire
privately held lands or interest in lands within the boundaries
of the Conservation Planning District only from a willing
seller through donation, exchange, or purchase.
(3) County lands.--The Secretary is authorized to acquire
county lands or interest in lands within the boundaries of the
Conservation Planning District only with the consent of the
county through donation, exchange, or purchase.
(4) State lands.--The Secretary is authorized to acquire
lands or interest in lands owned by the State of Arizona
located within the boundaries of the Conservation Planning
District only with the consent of the State by donation,
exchange, purchase, or eminent domain.
(A) Consideration.--As consideration for the
acquisitions by the United States of lands or interest
in such lands under this subsection, the Secretary
shall pay fair market value for such lands or shall
convey to the State of Arizona all or some interest in
Federal lands (including buildings and other
improvements on such lands or other Federal property
other than real property) or any other asset of equal
value within the State of Arizona.
(B) Transfer of jurisdiction.--All Federal agencies
are authorized to transfer jurisdiction of Federal
lands or interest in lands (including buildings and
other improvements on such lands or other Federal
property other than real property) or any other asset
within the State of Arizona to the Bureau of Land
Management for the purpose of acquiring lands or
interest in lands as provided for in this subsection.
(b) Management of Acquired Lands.--Lands acquired under this section
shall, upon acquisition, become part of the Conservation Area and shall
be administered as part of the Conservation Area. These lands shall be
managed in accordance with this Act, other applicable laws, and the
management plan.
SEC. 7. REPORTS TO CONGRESS.
(a) Protection of Certain Lands.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report with recommendations on the most effective measures
to protect the lands within the Rincon Valley, Colossal Cave area, and
Agua Verde Creek corridor north of Interstate 10 to provide an
ecological link to Saguaro National Park and the Rincon Mountains and
contribute to local government conservation priorities.
(b) Implementation of This Act.--Not later than 5 years after the
date of the enactment of this Act, and at least at the end of every 10-
year period thereafter, the Secretary shall submit to Congress a report
describing the implementation of this Act, the condition of the
resources and values of the Conservation Area, and the progress of the
Secretary in achieving the purposes for which the Conservation Area is
established as set forth in section 3(a).
SEC. 8. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Advisory council.--The term ``Advisory Council'' means
the Sonoita Valley Conservation Planning District Advisory
Council established pursuant to section 2(f).
(2) Conservation area.--The term ``Conservation Area'' means
the Las Cienegas National Conservation Area established by
section 3(a).
(3) Conservation planning district.--The term ``Conservation
Planning District'' means the Sonoita Valley Conservation
Planning District established by section 1(a).
(4) Management plan.--The term ``management plan'' means the
management plan for the Conservation Area.
(5) Public lands.--The term ``public lands'' has the meaning
given the term in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(e)), except that such
term shall not include interest in lands not owned by the
United States.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
PURPOSE OF THE BILL
The purpose of H.R. 2941 is to establish the Las Cienegas
National Conservation Area in the State of Arizona.
BACKGROUND AND NEED FOR LEGISLATION
The establishment of the Sonoita Valley Conservation
Planning District will promote cooperation, conservation, and
scientific research within the Sonoita Valley region of the
State of Arizona. The area shall consist of approximately
136,900 acres of land in the Arizona counties of Pima and Santa
Cruz. An area within the Conservation Planning District is to
be designated as the Las Cienegas National Conservation Area.
This area, consisting of nearly 42,000 acres of federal public
lands, will conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the unique aquatic,
wildlife, cave, historical, and other resources and values
while allowing livestock grazing and recreation to continue.
In 1995, the Sonoita Valley Planning Partnership (SVPP) was
formed to work on public lands issues in the Empire-Cienega
Resources Conservation Area, which the Bureau of Land
Management established in 1988. The SVPP is comprised of
various stakeholders, such as hiking clubs, conservation
organizations, grazing and mining interests, off-highway
vehicle clubs, mountain bike clubs, as well as federal, state,
and county government entities. The SVPP has developed a
collaborative management plan for these lands, and this
National Conservation Area designation gives this plan's
objectives permanence.
H.R. 2941 assures that designation of the National
Conservation Area will not lead to the creation of protective
perimeters or buffer zones and also assures that any activity
or use on lands outside the conservation area not precluded as
a result of the conservation area designation if that activity
or use is consistent with other applicable law. The
establishment of this Conservation Planning District and
National Conservation Area will not affect any property rights
of any lands or interest in lands held by the State of Arizona,
any political subdivision of the State of Arizona, or any
private land owner. In addition, reasonable access to non-
federally owned lands or interest in lands within the
Conservation Area must be provided. The establishment of the
National Conservation Area also must allow multiple uses, such
as grazing, motorized vehicles, military overflights, and
hunting.
H.R. 2941 directs the Secretary of the Interior to develop
a comprehensive management plan and have it completed within
two years of the date of enactment. The bill also establishes
an advisory committee representing a broad array of interests
for the Conservation Planning District. In addition, H.R. 2941
specifies that State, county, and privately-held lands or
interest in lands within the boundaries of the Conservation
Planning District may be acquired as part of the National
Conservation Area only if the land is donated, exchanged,
purchased, or for State lands by eminent domain from a willing
seller. The bill also directs the Secretary to give priority to
conservation easements when acquiring these lands.
The intent of H.R. 2941 is for grazing to be a compatible
use of the lands within the National Conservation Area. The
Committee does not contemplate that the establishment of the
National Conservation Area will adversely impact grazing, and
in fact, this National Conservation Area is established with
the understanding that grazing will be one of the tools used to
properly manage the lands.
The intent of H.R. 2941 is that the practice of granting
temporary rights of way for maintenance activities and
permanent rights of way for natural gas pipeline looping
activities immediately adjacent to existing rights of way, as
well as the procedures and processes by which such temporary
and permanent rights of way are applied for and granted, will
neither be prevented nor hindered in the Las Cienegas National
Conservation Area.
COMMITTEE ACTION
H.R. 2941 was introduced on September 24, 1999, by
Congressman Jim Kolbe (R-AZ). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On March 16,
2000, the National Parks and Public Lands Subcommittee held a
hearing on the bill. On September 20, 2000, the Resources
Committee met to consider the bill. The Subcommittee on
National Parks and Public Lands was discharged from further
consideration of the bill by unanimous consent. An amendment in
the nature of a substitute was offered by Congressman Jim
Hansen (R-UT). The amendment modified the concept of the bill
by creating the Conservation Planning District for lands south
of Interstate 10 and requiring a study to determine the most
effective measures to protect the lands north of the Interstate
within the Rincon Valley, Colossal Cave area, and Agua Verde
Creek corridor to provide an ecological link to Saguaro
National Park and the Rincon Mountains. The amendment also
created an advisory committee and removed the provision dealing
with water rights. The Hansen amendment was adopted by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in this bill are not currently being nor could they be
performed by one or more agencies, an advisory committee
already in existence or by enlarging the mandate of an existing
advisory committee.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. The Committee believes that
implementation of the bill would have little effect on the
federal budget and that the costs incurred would be minimal.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, the
Committee believes that this bill does not contain any new
budget authority, spending authority, credit authority, or an
increase or decrease in revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
This bill is not intended to preempt State, local, or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.