[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4076 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4076

  To modify the boundaries of the Agua Fria National Monument in the 
 State of Arizona to clarify Bureau of Land Management administrative 
    responsibilities regarding the Monument, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2002

  Mr. Stump introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To modify the boundaries of the Agua Fria National Monument in the 
 State of Arizona to clarify Bureau of Land Management administrative 
    responsibilities regarding the Monument, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Agua Fria National 
Monument Technical Corrections Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Boundary modifications.
Sec. 4. Administration of Monument.
Sec. 5. Effect on existing and historical uses of Federal lands in 
                            Monument.
Sec. 6. Effect on grazing.
Sec. 7. Land acquisition.
Sec. 8. Effect on water rights.
Sec. 9. Effect on use of Presidential authority to expand Monument.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Monument.--The term ``Monument'' means the Agua Fria 
        National Monument established by Presidential Proclamation 7263 
        of January 11, 2000 (65 Fed. Reg. 2817).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Bureau of Land Management.
            (3) Advisory committee.--The term ``advisory committee'' 
        means the Agua Fria National Monument Advisory Committee 
        established pursuant to section 4.
            (4) State.--The term ``State'' means the State of Arizona.

SEC. 3. BOUNDARY MODIFICATIONS.

    (a) Removal of Lands.--The Secretary shall modify the boundaries of 
the Monument to exclude from the Monument the following parcels of 
land:
            (1) The north \1/2\ of section 17, township 11 north, range 
        3 east, Gila and Salt River meridian.
            (2) All private lands located within section 25, township 
        11 north, range 3 east, Gila and Salt River meridian.
    (b) Adjustment of Western Boundary.--The Secretary shall modify the 
western boundary of the Monument to be at least 400 feet east of the 
existing State Department of Transportation right-of-way.

SEC. 4. ADMINISTRATION OF MONUMENT.

    (a) Management Authority.--
            (1) Use of bureau of land management.--Subject to this Act, 
        the administration, protection, and development of the Monument 
        shall be exercised under the direction of the Secretary by the 
        Bureau of Land Management.
            (2) Related prohibitions.--The Secretary may not use the 
        National Park Service or the Fish and Wildlife Service to 
        administer the Monument. The Secretary may not include or 
        manage the Monument, or any portion of the Monument, as a unit 
        of the National Park System, the National Wilderness 
        Preservation System, or the National Wildlife Refuge System, 
        except by express authorization of Congress in a law enacted 
        after the date of the enactment of this Act.
    (b) Review of Interim Management Policy.--The Secretary shall 
review the interim management policy for the administration of the 
Monument, which is dated October 1, 2001, and was prepared by the 
Bureau of Land Management, to ensure the consistency of the policy with 
this Act.
    (c) Management Plan.--Within two years after the enactment of this 
Act, the Secretary shall develop a comprehensive plan for the long-
range management of the Monument. The plan shall be developed with full 
opportunity for public participation and comment and shall contain 
provisions designed to ensure protection of the archaeological, 
scientific, educational, historical, ranching, and recreational 
resources and values of the Monument.
    (d) Advisory Committee.--
            (1) Establishment.--The Secretary shall establish an 
        advisory committee for the Monument, to be known as the ``Agua 
        Fria National Monument 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 eight members appointed by the Secretary, as follows:
                    (A) One member appointed from nominations submitted 
                by the Governor of the State.
                    (B) One member appointed from nominations submitted 
                by the State Game and Fish Commission.
                    (C) One member who is a recognized archaeologist 
                residing in the State, appointed from nominations 
                supplied by institutions of higher education in the 
                State.
                    (D) One member appointed from nominations supplied 
                by the Board of Supervisors for Yavapai County, 
                Arizona.
                    (E) One member holding a grazing permit within the 
                boundaries of the Monument.
                    (F) One member who has a recognized background in 
                wildlife conservation, riparian ecology, archaeology, 
                paleontology, or other discipline directly related to 
                the primary purposes for which the Monument was 
                established.
                    (G) One member residing in Arizona appointed from 
                nominations by the Inter-Tribal Council of Arizona.
                    (H) One member who represents recreational users of 
                the Monument.
            (3) Terms.--Members of the advisory committee shall be 
        appointed for terms of three years, except that of the members 
        first appointed, two shall be appointed for terms of one year 
        and three shall be appointed for terms of two years.

SEC. 5. EFFECT ON EXISTING AND HISTORICAL USES OF FEDERAL LANDS 
              INCLUDED IN MONUMENT.

    (a) Recognition of Existing Uses.--The designation of the Monument 
by Proclamation 7263 shall not be construed to alter the existing 
authorized uses of the Federal lands included in the Monument. 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, 2000.
    (b) Hunting, Trapping, and Fishing.--The Secretary shall allow 
hunting, trapping, and fishing on lands and waters within the Monument 
in accordance with applicable State law and in consultation with State 
agencies. The establishment of the Monument shall neither enlarge nor 
diminish the jurisdiction of the State of Arizona with respect to fish 
and wildlife management within the Monument.
    (c) Motorized Vehicles.--The Secretary shall continue to allow the 
use of motorized vehicles on designated roads and trails within the 
Monument. Motorized vehicle use off-road shall be prohibited, except 
for emergency, administrative, or any other purpose authorized by the 
Secretary. The Secretary shall also allow the use of nonmotorized, 
wheeled game carriers within the Monument for the removal of downed big 
game.
    (d) Maintenance.--The designation of the Monument shall not be 
construed to affect the maintenance of, or access to, rights-of-way and 
other easements, and the improvements thereon, including electric 
transmission facilities, within the Monument.

SEC. 6. EFFECT ON GRAZING.

    (a) Findings.--Congress finds the following:
            (1) Livestock grazing is an important historic and 
        traditional use of the Federal lands included in the Monument.
            (2) Continued livestock grazing on these lands is 
        compatible with the purposes for which the Monument was 
        established.
    (b) Grazing.--The Secretary shall permit the grazing of livestock 
in the Monument in accordance with all laws (including regulations) 
that apply to the issuance and administration of grazing leases and 
range improvements on other land under the jurisdiction of the Bureau 
of Land Management.
    (c) Grazing Levels.--The establishment of the Monument shall 
neither diminish nor increase the authorized grazing levels in the 
Monument.
    (d) Access and Improvements.--The establishment of the Monument 
shall have no impact on the ability of grazing lease holders, their 
designees, and their successors in interest to maintain, develop, and 
construct new stock tanks, wells, corrals, buildings, and other man-
made structures and improvements within their allotments that are 
necessary for their grazing operations.

SEC. 7. LAND ACQUISITION.

    The Secretary may acquire State or privately held land or interests 
in land within the boundaries of the Monument only by donation, 
purchase with donated or appropriated funds from a willing seller, or 
exchange with a willing party.

SEC. 8. EFFECT ON WATER RIGHTS.

    Nothing in this Act or Presidential Proclamation 7263 of January 
11, 2000, 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 Monument. No provision of this Act or the 
Proclamation shall be construed as authorizing the appropriation of 
water, except in accordance with the substantive and procedural law of 
the State.

SEC. 9. EFFECT ON USE OF PRESIDENTIAL AUTHORITY TO EXPAND MONUMENT.

    (a) Further Expansion Precluded.--Subject to subsection (c), the 
designation of the Monument by Presidential Proclamation 7263 of 
January 11, 2000, and the enactment of this Act shall preclude the use 
by the President, or any designee of the President, of the authority 
provided in the Act of June 8, 1906 (commonly known as the Antiquities 
Act; U.S.C. 431 et seq.), to expand by presidential proclamation the 
boundaries of the Monument to include any other Federal lands.
    (b) Study.--Within one year after the date of the enactment of this 
Act, the Secretary, in consultation with the Secretary of the 
Agriculture, shall submit to the President a study containing such 
recommendations as the Secretaries consider appropriate regarding any 
boundary changes to the Monument that would advance the public interest 
through--
            (1) enhanced protection of the archaeological resources 
        located within the Monument and on adjacent lands, including 
        National Forest System lands; or
            (2) expanded opportunities for public education and 
        scientific research concerning these archaeological resources.
    (c) Authorization of Boundary Adjustment.--During the 90-day period 
beginning on the date of the submission of the study under subsection 
(b), the President may adjust the boundaries of the Monument in light 
of the recommendations contained in the study, except that the total 
size of the Monument may not exceed 88,000 acres.
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