[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2795 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2795

  To establish the Shivwits Plateau National Conservation Area in the 
               State of Arizona, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

 Mr. Stump (for himself, Mr. Hansen, Mr. McKeon, Mr. Walden of Oregon, 
   Mr. Shadegg, Mrs. Cubin, Mr. Callahan, Mr. Hayworth, Mr. Young of 
Alaska, Mr. Baker, Mr. Hefley, Mr. Doolittle, Mr. Gibbons, Mr. Hill of 
Montana, Mr. Everett, Mr. Skeen, Mr. Herger, Mr. Burton of Indiana, Mr. 
Pombo, Mr. Sessions, Mr. Collins, Mr. Tauzin, Mr. Cooksey, Mr. Salmon, 
 Mr. Tancredo, and Mr. Schaffer) introduced the following bill; which 
               was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To establish the Shivwits Plateau National Conservation Area in the 
               State of Arizona, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Shivwits Plateau 
National Conservation Area Establishment Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
          TITLE I--SHIVWITS PLATEAU NATIONAL CONSERVATION AREA

Sec. 101. Definitions.
Sec. 102. Establishment of Shivwits Plateau National Conservation Area, 
                            Arizona.
Sec. 103. Administration of conservation area.
Sec. 104. Effect on existing and historical uses of Federal lands 
                            included in conservation area.
Sec. 105. Acquisition of land.
Sec. 106. Mineral assessment program and relationship to mining laws.
Sec. 107. Ecological restoration and protection.
Sec. 108. Effect on water rights.
Sec. 109. Road improvements to enhance access to conservation area.
Sec. 110. Archaeological, historical, and scientific survey.
Sec. 111. Authorization of appropriations.
               TITLE II--LAND RESTORATION AND CONVEYANCES

Sec. 201. Public lands restoration and demonstration project, Arizona 
                            Strip/Southern Utah Restoration Area.
Sec. 202. Land conveyances, certain Bureau of Land Management lands in 
                            Arizona and Utah.
Sec. 203. Authorization of appropriations.

          TITLE I--SHIVWITS PLATEAU NATIONAL CONSERVATION AREA

SEC. 101. DEFINITIONS.

    In this title:
            (1) Conservation area.--The term ``conservation area'' 
        means the Shivwits Plateau National Conservation Area 
        established by section 102.
            (2) Advisory committee.--The term ``advisory committee'' 
        means the Shivwits Plateau National Conservation Area Advisory 
        Committee established under section 103(d).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Bureau of Land Management.

SEC. 102. ESTABLISHMENT OF SHIVWITS PLATEAU NATIONAL CONSERVATION AREA, 
              ARIZONA.

    (a) Establishment.--In order to protect the remoteness, native 
biodiversity, and ecological richness of the Federal lands in the area 
in the State of Arizona known as the Shivwits Plateau and to increase 
the public awareness, outdoor recreation use, and enjoyment of this 
area, while also preserving the ranching lifestyle and maintaining the 
existing, historic, and traditional multiple uses of this area, there 
is hereby established the Shivwits Plateau National Conservation Area 
in the State of Arizona.
    (b) Area Included.--The conservation area shall consist of the 
Federal lands and interests in lands depicted on the map entitled 
``Shivwits Plateau National Conservation Area'', as revised April 19, 
1999. The Secretary shall revise the boundaries of the Lake Mead 
National Recreation Area in the manner provided in section 2 of Public 
Law 88-639 (16 U.S.C. 460n-1) to reflect the inclusion in the 
conservation area of lands excluded from the Lake Mead National 
Recreation Area by this subsection.
    (c) Preparation of Legal Descriptions.--Not later than 100 days 
after the date of the enactment of this Act, the Secretary shall 
prepare legal descriptions of the Federal lands and interests in lands 
included in the conservation area under subsection (b). In case of a 
conflict between the map referred to in subsection (b) and the legal 
descriptions, the map shall control.
    (d) Public Availability.--The map referred to in subsection (b) and 
the legal descriptions prepared under subsection (c) shall be on file 
and available for public inspection in the offices of the Secretary of 
the Interior, the Arizona State Director of the Bureau of Land 
Management, and the appropriate Bureau of Land Management field 
offices.

SEC. 103. ADMINISTRATION OF CONSERVATION AREA.

    (a) Use of Bureau of Land Management.--The administration, 
protection, and development of the conservation area shall be exercised 
under the direction of the Secretary by the Bureau of Land Management, 
subject to this title.
    (b) Prohibition on Use of Other Department of the Interior 
Agencies.--The Secretary may not use the National Park Service or the 
Fish and Wildlife Service to administer the conservation area or 
otherwise include the conservation area, or any portion thereof, as a 
unit of the National Park System or the National Wildlife Refuge 
System, except by express authorization of Congress contained in a law 
enacted after the date of the enactment of this Act.
    (c) Management Plan.--Subject to the requirements of section 104, 
the Secretary shall prepare a management plan for administration and 
use of the conservation area. In preparing the plan, the Secretary 
shall comply with the goals and objectives identified in the 1992 
Arizona Strip Resource Management Plan, the Parashant Interdisciplinary 
Plan, the Mt. Trumbull Interdisciplinary Plan, and the Rangeland 
Standards and Guidelines developed by the Arizona Resource Advisory 
Council, which are designed to ensure the protection of existing uses 
of the lands included in the conservation area.
    (d) Advisory Committee.--
            (1) Establishment.--The Secretary shall establish an 
        advisory committee for the conservation area, to be known as 
        the Shivwits Plateau National Conservation Area Advisory 
        Committee, whose purpose shall be to advise the Secretary with 
        respect to the preparation and implementation of the management 
        plan required by subsection (c).
            (2) Representation.--The advisory committee shall consist 
        of 9 members appointed by the Secretary as follows:
                    (A) A grazing permittee in good standing with the 
                Bureau of Land Management who has maintained a grazing 
                allotment within the boundaries of the conservation 
area for not less than five years.
                    (B) The chairperson of the Kaibab Band of Paiute 
                Indians.
                    (C) An individual with a recognized background in 
                ecological restoration, research, and application, to 
                be appointed from nominations supplied by Northern 
                Arizona University.
                    (D) The Arizona State Land Commissioner.
                    (E) An Arizona State Game and Fish Commissioner.
                    (F) A resident of the State of Utah not holding an 
                elected office, to be appointed from nominations 
                supplied by the Arizona Strip Regional Planning Task 
                Force.
                    (G) A representative of a recognized environmental 
                organization.
                    (H) A local elected official from the State of 
                Arizona, to be appointed from nominations supplied by 
                the Arizona Strip Regional Planning Task Force.
                    (I) A local elected official from the State of 
                Utah, to be appointed from nominations supplied by the 
                Arizona Strip Regional Planning Task Force.
            (3) Terms.--Members of the advisory committee shall be 
        appointed for terms of three years, except that, of the members 
        first appointed, 3 members shall be appointed for a term of 1 
        year and 3 members shall be appointed for a term of 2 years. A 
        member may be reappointed to serve on the advisory committee 
        upon the expiration of the member's current term.

SEC. 104. EFFECT ON EXISTING AND HISTORICAL USES OF FEDERAL LANDS 
              INCLUDED IN CONSERVATION AREA.

    (a) In General.--The designation of the conservation area shall not 
be construed to alter the existing authorized uses or rights to use of 
the Federal lands included in the conservation area. For purposes of 
this subsection, the Secretary shall treat a land use as an existing 
authorized land use if that land use was an authorized use as of 
January 1, 1999, was an historical or traditional use of lands included 
in the conservation area, or was a right of use as of January 1, 1999.
    (b) Hunting, Trapping, and Fishing.--The Secretary shall permit 
hunting, trapping, and fishing on lands and waters within the 
conservation area in accordance with applicable State law.
    (c) Access to State and Private Lands.--If any State or privately 
owned land or any valid mining claim or other valid occupancy is within 
the boundaries of the conservation area, or if State or private 
subsurface rights underlie public lands within the conservation area, 
the Secretary shall provide the State or private owner, claimant, or 
occupier and their successors in interest such rights as may be 
necessary to assure adequate, reasonable, and economically feasible 
access for economic and other purposes to the site concerned.
    (d) Maintenance of Roads, Trails, and Structures.--In the case of 
all existing and historical roadways, jeep trails, and paths located in 
the conservation area, the Secretary shall maintain or allow the 
maintenance of the roadways, trails, and paths to standards capable for 
sustaining at least the same level of use as in existence as of the 
date of the enactment of this Act.
    (e) Grazing.--The Secretary shall permit grazing on lands within 
the conservation area at least to the same extent as was permitted on 
such lands during calendar year 1998. The Secretary shall ensure that 
persons holding grazing permits for lands within the conservation area, 
their designees, and their successors in interest have unrestricted 
access to buildings, stock tanks, corrals, and other man-made 
structures within their allotments that are necessary for their grazing 
operations. The Secretary shall guarantee grazing permit holders the 
right to maintain existing improvements and to create new improvements 
needed for grazing operations.
    (f) Overflights.--The Secretary shall permit aircraft and 
helicopter overflights of lands and landings within the conservation 
area at least to the same extent as was permitted over such lands 
during calendar year 1998.

SEC. 105. ACQUISITION OF LAND.

    (a) Acquisition Authorized; Methods.--The Secretary shall acquire 
State or privately held land or interests in land within the boundaries 
of the conservation area only by--
            (1) donation;
            (2) purchase with donated or appropriated funds from a 
        willing seller; or
            (3) exchange with a willing party.
    (b) Exchange.--During the 2-year period beginning on the date of 
the enactment of this Act, the Secretary shall make a diligent effort 
to acquire, by exchange, from willing parties all private lands, 
subsurface rights, and valid mining claims within the conservation 
area. If an exchange requested by a property owner is not completed by 
the end of the period, the land owner who requested the exchange may, 
at any time after the end of the period, declare that the owner's 
private lands, subsurface rights, or valid mining claims within the 
conservation area have been taken, or partially taken, by inverse 
condemnation and seek compensation from the United States in the 
appropriate United States district court in Arizona or Utah.
    (c) Valuation of Private Property.--The United States shall pay the 
fair market value for any interests or partial interests in property 
acquired under this section. The value of the property shall be 
assessed as if the conservation area did not exist.

SEC. 106. MINERAL ASSESSMENT PROGRAM AND RELATIONSHIP TO MINING LAWS.

    (a) Assessment Program Required.--
            (1) Description of mineral assessment.--Not later than 2 
        years after the date of the enactment of this Act, the 
        Secretary shall assess the oil, gas, coal, and other mineral 
        potential on Federal lands in the conservation area in order to 
        expand the data base with respect to the mineral potential of 
        the lands. The mineral assessment program shall include 
        reconnaissance level geophysical mapping, reconnaissance level 
        geologic mapping, surface sampling of soils, water, and rock 
        for gold, silver, platinum group metals, copper, zinc, lead, 
        molybdenum, and uranium. Those areas that are identified as 
        having one or more mineral anomalies shall be further assessed 
        using diamond core and test drilling and laboratory analysis of 
        selected core specimens.
            (2) Definition.--In paragraph (1), the term ``core and test 
        drilling'' means the extraction by drilling of subsurface 
        geologic samples in order to assess the metalliferous or other 
        mineral values of geologic terrain, but shall not be construed 
        as including exploratory drilling of oil and gas test wells.
    (b) Consultation and Peer Review.--
            (1) Consultation and exchange of information.--To the 
        maximum extent practicable, the Secretary shall consult and 
        exchange information with the Governor of the State of Arizona 
        and the Arizona Department of Mines and Mineral Resources 
        regarding the responsibilities of the Secretary under the 
        mineral assessment program and similar programs undertaken by 
        the State.
            (2) Peer review.--The mineral assessment program shall be 
        subject to review by the Arizona State Department of Mines and 
        Mineral Resources, and shall not be deemed to have been 
        completed until the results of the assessment have been 
        approved by the Arizona State Department of Mines and Mineral 
        Resources.
    (c) Implementation of Assessment Program.--The Secretary may enter 
into contracts with public or private entities to carry out all or any 
portion of the mineral assessment program.
    (d) Conditions on Mineral Withdrawal Authority.--
            (1) Effect of mineral assessment program.--The Secretary 
        may not make, modify, or extend any mineral withdrawal 
        authorized by section 204 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1714) or by any other law 
        within the boundaries of the conservation area after January 1, 
        1999, until the assessment, consultation, and peer review 
        required by subsections (a) and (b) are completed. If a mineral 
        withdrawal was made, modified, or extended between January 1, 
        1999, and the date of the enactment of this Act, the withdrawal 
        shall be deemed to be vacated until the assessment, 
        consultation, and peer review required by subsections (a) and 
        (b) are completed.
            (2) Mineral leasing.--After completion of the assessment, 
        consultation, and peer review required by this section, under 
        existing and future regulations, the Secretary shall permit--
                    (A) the removal of the nonleasable mineral from 
                lands or interest in lands within the boundaries of the 
                conservation area in accordance with section 10 of the 
                Reclamation Project Act of 1939 (43 U.S.C. 387); and
                    (B) the removal of leasable minerals from lands or 
                interests in lands within the conservation area in 
                accordance with the Mineral Leasing Act (30 U.S.C. 181 
                et seq.) or the Mineral Leasing Act for Acquired Lands 
                (30 U.S.C. 351 et seq.).
    (e) Disposition of Funds From Permits and Leases.--All receipts 
derived from permits and leases issued on lands in the conservation 
area under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) shall be 
disposed of in accordance with the applicable Act. All receipts from 
the disposition of nonleasable minerals within the conservation area 
shall be disposed of in the same manner as funds received from the sale 
of public lands.
    (f) Relation to Mining Laws.--Nothing in this title shall affect 
the applicability of the United States mining laws on the public lands 
within the conservation area.
    (g) Protection of Existing Subsurface Mineral Rights.--The 
establishment of the conservation area shall not adversely affect the 
value of subsurface mineral rights owned by a third party as of the 
date of the enactment of this Act, or the development, production, or 
processing of such minerals with respect to lands included in the 
conservation area.

SEC. 107. ECOLOGICAL RESTORATION AND PROTECTION.

    (a) Projects Authorized.--Subject to the availability of funds for 
this purpose, the Secretary shall develop and carry out ecological 
resources restoration projects within the conservation area.
    (b) Limitations.--A restoration project undertaken by the Secretary 
in the conservation area shall not adversely affect grazing allotments 
for a period of more than three years, unless an extension has been 
agreed upon by the permittee. To the extent that a project affects a 
grazing allotment, the Secretary shall provide alternative grazing 
allotments within the same grazing district to affected permittees so 
that the total number of animal unit months is unaltered.
    (c) Control of Plant Growth.--To obtain the appropriate 
interspersion of cover and forage on lands in the conservation area, 
the Secretary may use, or permit the use of, techniques to control 
plant growth, except that the Secretary shall permit the continued use 
of those land management practices regarding control of plant growth 
that were authorized for use on such lands as of January 1, 1999, as 
well as new practices useful for restoring productivity to the land.

SEC. 108. EFFECT ON WATER RIGHTS.

    Nothing in this title shall be construed to establish a new or 
implied reservation to the United States of any water or water-related 
right with respect to lands included in the conservation area. No 
provision of this title shall be construed as authorizing the 
appropriation of water, except in accordance with the substantive and 
procedural law of the State of Arizona.

SEC. 109. ROAD IMPROVEMENTS TO ENHANCE ACCESS TO CONSERVATION AREA.

    The Secretary shall improve and maintain as all weather roads the 
following:
            (1) Bureau of Land Management roads 5 and 109, beginning at 
        their intersections with Arizona State Highway 389 to their 
        common intersection.
            (2) Bureau of Land Management road 5 from its intersection 
        with Bureau of Land Management road 109 to its intersection 
        with Bureau of Land Management road 115.
            (3) Bureau of Land Management road 115 from its 
        intersection with Bureau of Land Management road 5 to the 
        Toroweap Overlook.

SEC. 110. ARCHAEOLOGICAL, HISTORICAL, AND SCIENTIFIC SURVEY.

    (a) Survey Required.--The Secretary shall conduct a survey of the 
conservation area, noting all sites of archaeological, historical, or 
scientific interest.
    (b) Publication of Results.--The Secretary shall publish and make 
available to the public the results of the survey required by 
subsection (a).

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    Effective for fiscal years beginning after September 30, 1999, 
there are authorized to be appropriated such sums as may be necessary 
to carry out this title.

               TITLE II--LAND RESTORATION AND CONVEYANCES

SEC. 201. PUBLIC LANDS RESTORATION AND DEMONSTRATION PROJECT, ARIZONA 
              STRIP/SOUTHERN UTAH RESTORATION AREA.

    (a) Implementation.--To the extent possible, the Secretary of the 
Interior shall implement the recommendations contained in the April 
1999 report of the Sonoran Institute regarding the Arizona Strip/
Southern Utah Restoration Area.
    (b) Demonstration Project.--
            (1) Authority to conduct.--The Secretary of Agriculture and 
        the Secretary of Interior may apply all or a part of the 
        revenues received for timber and other resources removed from 
        lands designated as the Arizona Strip/Southern Utah Restoration 
        Area under stewardship end-result contracts as an offset 
        against the costs of stewardship services, including 
        silviculture, replanting, recreation, wildlife habitat, range 
        enhancement and soil conservation.
            (2) Applicability of environmental laws.--The requirements 
        of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) shall apply to all projects conducted under 
        subsection (a).
            (3) Review panel.--The Secretary of Agriculture and the 
        Secretary of the Interior shall designate an independent 
        scientific review panel, to be appointed from representatives 
        of universities and other appropriate institutions and 
        foundations, to review and approve all projects conducted under 
        subsection (a). The panel shall provide a detailed explanation 
        and review of each project to the Secretary of Agriculture, the 
        Secretary of the Interior, and Congress, utilizing the services 
        and funding made available for those purposes to the Escalante 
        Center or other institutions designated by the Secretary of 
        Agriculture or the Secretary of the Interior.
            (4) Duration.--The authority to conduct projects under 
        subsection (a) shall terminate 7 years after the date of the 
        enactment of this Act.

SEC. 202. LAND CONVEYANCES, CERTAIN BUREAU OF LAND MANAGEMENT LANDS IN 
              ARIZONA AND UTAH.

    (a) Conveyances Required.--The Secretary of the Interior shall 
convey, without consideration, all right, title, and interest of the 
United States in and to the lands designated for conveyance on the map 
entitled ``______________'', dated ____________ to Colorado City, 
Arizona, Fredonia, Arizona, Mohave County, Arizona, and the Kaibab Band 
of Paiute Indians.
    (b) Description of Property.--The exact acreage and legal 
description of the lands to be conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary. The cost of the 
survey shall be borne by the recipient of the lands.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    Effective for fiscal years beginning after September 30, 1999, 
there are authorized to be appropriated such sums as may be necessary 
to carry out this title.
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