[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1560 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1560

     To establish the Shivwits Plateau National Conservation Area.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

  Mr. Kyl (for himself and Mr. McCain) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To establish the Shivwits Plateau 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 ``Shivwits Plateau National 
Conservation Area Establishment Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish the Shivwits Plateau 
National Conservation Area to conserve, protect, and enhance for the 
benefit and enjoyment of present and future generations the landscapes, 
native wildlife and vegetation, and prehistoric, historic, scenic, and 
traditional human values of the conservation area (including ranching, 
hunting, sightseeing, camping and hiking).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``conservation area'' 
        means the Shivwits Plateau National Conservation Area 
        established by section 2.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Bureau of 
        Land Management.

 SEC. 4. ESTABLISHMENT OF SHIVWITS PLATEAU NATIONAL CONSERVATION AREA, 
              ARIZONA.

    (a) In General.--There is established the Shivwits Plateau National 
Conservation Area in the State of Arizona.
    (b) Areas Included.--The Shivwits Plateau National Conservation 
Area shall be comprised of approximately 381,800 acres of land 
administered by the Secretary in Mohave County, Arizona, as generally 
depicted on the map entitled ``Shivwits Plateau National Conservation 
Area--Proposed'', numbered ____, dated ____.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        map and legal description of the conservation area.
            (2) Force and effect.--The map and legal description shall 
        have the same force and effect as if included in this Act.
            (3) Public availability.--Copies of the map and legal 
        description shall be on file and available for public 
        inspection in--
                    (A) the Office of the Director of the Bureau of 
                Land Management; and
                    (B) the appropriate office of the Bureau of Land 
                Management in Arizona.

 SEC. 5. MANAGEMENT OF CONSERVATION AREA.

    (a) In General.--The Secretary shall manage the conservation area 
in a manner that conserves, protects, and enhances all of the values 
specified in section 2 under the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.), this Act, and other applicable law.
    (b) Hunting and Fishing.--The Secretary shall permit hunting and 
fishing in the conservation area in accordance with the laws of the 
State of Arizona.
    (c) Grazing.--
            (1) In general.--The Secretary shall permit the grazing of 
        livestock in the conservation area.
            (2) Applicable law.--The Secretary shall ensure that 
        grazing in the conservation area is conducted in accordance 
        with all laws (including regulations) that apply to the 
        issuance and administration of grazing leases on other land 
        under the jurisdiction of the Bureau of Land Management.
    (d) Forest Restoration.--The Secretary shall develop and carry out 
forest restoration projects on Ponderosa Pine forests and Pinion-
Juniper forests in the conservation area, with the goal of restoring 
the land in the conservation area to presettlement condition.
    (e) 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'', the purpose of which shall be to advise the 
        Secretary with respect to the preparation and implementation of 
        the management plan required by section 6.
            (2) Representation.--The advisory committee shall be 
        comprised of 9 members appointed by the Secretary, of whom--
                    (A) 1 shall be 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 5 years;
                    (B) 1 shall be the chairperson of the Kaibab Band 
                of Paiute Indians;
                    (C) 1 shall be an individual with a recognized 
                background in ecological restoration, research, and 
                application, to be appointed from among nominations 
                made by Northern Arizona University;
                    (D) 1 shall be the Arizona State Land Commissioner;
                    (E) 1 shall be an Arizona State Game and Fish 
                Commissioner;
                    (F) 1 shall be an official of the State of Utah 
                (other than an elected official), to be appointed from 
                among nominations made by the Arizona Strip Regional 
                Planning Task Force;
                    (G) 1 shall be a representative of a recognized 
                environmental organization;
                    (H) 1 shall be a local elected official from the 
                State of Arizona, to be appointed from among 
                nominations made by the Arizona Strip Regional Planning 
                Task Force; and
                    (I) 1 shall be a local elected official from the 
                State of Utah, to be appointed from among  nominations 
made by the Arizona Strip Regional Planning Task Force.
            (3) Terms.--
                    (A) In general.--A member of the advisory committee 
                shall be appointed for a term of 3 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.
                    (B) Reappointment.--A member may be reappointed to 
                serve on the advisory committee on expiration of the 
                member's term.

 SEC. 6. MANAGEMENT PLAN.

    (a) Existing Management Plans.--The Secretary shall manage the 
conservation area under resource management plans in effect or the date 
of enactment of this Act, including the Arizona Strip Resource 
Management Plan, the Parashant Interdisciplinary Plan, and the Mt. 
Trumbull Interdisciplinary Plan.
    (b) Future Management Plans.-- Future revisions of management plans 
for the conservation area shall be adopted in compliance with the goals 
and objectives of this Act.

 SEC. 7. ACQUISITION OF LAND.

    (a) In General.--The Secretary may acquire State or private 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) Exchanges.--
            (1) In general.--During the 2-year period beginning on the 
        date of enactment of this Act, the Secretary shall make a 
        diligent effort to acquire, by exchange, from willing parties 
        all State trust lands, subsurface rights, and valid mining 
        claims within the conservation area.
            (2) Inverse condemnation.--If an exchange requested by a 
        property owner is not completed by the end of the period, the 
        property owner that requested the exchange may, at any time 
        after the end of the period--
                    (A) declare that the owner's State trust lands, 
                subsurface rights, or valid mining claims within the 
                conservation area have been taken by inverse 
                condemnation; and
                    (B) seek compensation from the United States in 
                United States district court.
    (c) Valuation of Private Property.--
            (1) In general.--The United States shall pay the fair 
        market value for any property acquired under this section.
            (2) Assessment.--The value of the property shall be 
        assessed as if the conservation area did not exist.

 SEC. 8. MINERAL ASSESSMENT PROGRAM AND RELATIONSHIP TO MINING LAWS.

    (a) Assessment Program.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall assess the oil, gas, coal, 
uranium, and other mineral potential on Federal land in the 
conservation area.
    (b) Peer Review.--The mineral assessment program shall--
            (1) be subject to review by the Arizona State Department of 
        Mines and Mineral Resources; and
            (2) shall not be considered to be complete until the 
        results of the assessment are approved by the Arizona State 
        Department of Mines and Mineral Resources.
    (c) Relation to Mining Laws.--Subject to valid existing rights, the 
public land within the conservation area is withdrawn from mineral 
location, entry, and patent under chapter 6 of the Revised Statutes 
(commonly known as the ``General Mining Law of 1872'') (30 U.S.C. 
section 21 et seq.).
    (d) Mineral leasing.--The Secretary shall permit the removal of--
            (1) nonleasable minerals from land or an interest in land 
        within the national conservation area in the manner prescribed 
        by section 10 of the Act of August 4, 1939 (43 Stat. 38); and
            (2) leasable minerals from land or an interest in lands 
        within the conservation area in accordance with the Act of 
        February 25, 1920 (commonly known as the ``Mineral Lands 
        Leasing Act of 1920'') (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.--
            (1) Receipts from permits and leases.--Receipts derived 
        from permits and leases issued on land in the conservation area 
        under the Act of February 25, 1920 (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 as provided in the applicable Act.
            (2) Receipts from disposition of nonleasable minerals.--
        Receipts from the disposition of nonleasable minerals within 
        the conservation area shall be disposed of in the same manner 
        as proceeds of the sale of public land.

 SEC. 9. EFFECT ON WATER RIGHTS.

    Nothing in this Act--
            (1) establishes a new or implied reservation to the United 
        States of any water or water-related right with respect to land 
        included in the conservation area; or
            (2) authorizes the appropriation of water, except in 
        accordance with the substantive and procedural law of the State 
        of Arizona.

 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
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