[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1799 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1799

To designate certain public lands in the Sonoran Desert of the State of 
 Arizona as national conservation areas and wilderness areas, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2013

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

_______________________________________________________________________

                                 A BILL


 
To designate certain public lands in the Sonoran Desert of the State of 
 Arizona as national conservation areas and wilderness areas, 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 ``Arizona Sonoran 
Desert Heritage Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; Table of contents.
Sec. 2. Definitions.
Sec. 3. Belmont-Harquahala and Gila Bend National Conservation Areas.
Sec. 4. Designation of wilderness areas.
Sec. 5. Special management areas.
Sec. 6. Maps and legal descriptions.
Sec. 7. Management of national conservation areas, wilderness areas, 
                            and special management areas.
Sec. 8. Acquisition of land.
Sec. 9. Border security.
Sec. 10. Water rights.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' means any 
        Indian tribe, band, nation, or other organized group or 
        community of Indians which is recognized as eligible by the 
        Secretary for the special programs and services provided by the 
        United States to Indians because of their status as Indians.
            (2) Management plan.--The term ``management plan'' means 
        the management plan developed under section 3 for each national 
        conservation area and section 5 for each special management 
        area.
            (3) National conservation areas.--The term ``National 
        Conservation Areas'' means the Belmont-Harquahala National 
        Conservation Area and the Gila Bend National Conservation Area 
        established by section 3.
            (4) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Special management areas.--The term ``Special 
        Management Areas'' means the Sentinel Plain Special Management 
        Area and the Rainbow Valley Special Management Area established 
        by section 5.
            (7) State.--The term ``State'' means the State of Arizona.
            (8) Wilderness areas.--The term ``Wilderness Areas'' means 
        the wilderness areas designated by section 4.

SEC. 3. BELMONT-HARQUAHALA AND GILA BEND NATIONAL CONSERVATION AREAS.

    (a) Establishment.--There are established in the State:
            (1) Belmont-harquahala national conservation area.--The 
        Belmont-Harquahala National Conservation Area, consisting of 
        approximately 276,100 acres, as generally depicted on the map 
        entitled ``Belmont-Harquahala National Conservation Area'' and 
        dated [___ 2013].
            (2) Gila bend national conservation area.--The Gila Bend 
        National Conservation Area, consisting of approximately 406,298 
        acres, as generally depicted on the map entitled ``Gila Bend 
        Mountains National Conservation Area'' and dated [____ 2013].
    (b) Purpose.--The purpose of the National Conservation Areas is to 
conserve, and thereby to protect, restore, and enhance for the benefit 
and enjoyment of present and future generations the unique and 
important resources and values of the land, including the ecological, 
geological, cultural, archaeological, paleontological, natural, 
scientific, recreational, wilderness, wildlife, riparian, historical, 
educational, and scenic resources of the public land.
    (c) Administration of National Conservation Areas.--
            (1) In general.--The Secretary shall manage the National 
        Conservation Areas--
                    (A) as components of the National Landscape 
                Conservation System;
                    (B) in a manner that conserves, and thereby 
                protects, and enhances the resources and values of the 
                National Conservation Areas described in subsection 
                (b); and
                    (C) in accordance with--
                            (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (ii) this Act; and
                            (iii) any other applicable laws.
            (2) Management plans.--
                    (A) In general.--Not later than 3 years after the 
                date of enactment of this Act, the Secretary shall 
                develop a comprehensive management plan for the long-
                term protection and management of each of the National 
                Conservation Areas.
                    (B) Purposes.--Each management plan shall--
                            (i) describe the appropriate management and 
                        uses of the National Conservation Areas 
                        consistent with the conservation purpose as 
                        specified in subsection (b) and (c);
                            (ii) be developed with extensive public 
                        input; and
                            (iii) take into consideration any 
                        information developed in studies of the land 
                        within the National Conservation Areas.
            (3) Uses.--
                    (A) In general.--The Secretary shall allow only 
                such uses of the National Conservation Areas as the 
                Secretary determines would further the conservation 
                purpose for which the National Conservation Areas are 
                established.
                    (B) Use of motorized vehicles.--
                            (i) In general.--Except as provided in 
                        clauses (ii) and (iii), use of motorized 
                        vehicles in the National Conservation Areas 
                        shall be allowed only--
                                    (I) before the effective date of 
                                each management plan prepared pursuant 
                                to paragraph (2), 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
                                    (II) after the effective date of 
                                each management plan prepared pursuant 
                                to paragraph (2), on roads and trails 
                                designated for use of motorized 
                                vehicles in that management plan.
                            (ii) Administrative and emergency response 
                        use.--Clause (i) shall not limit the use of 
                        motor vehicles in the National Conservation 
                        Areas for administrative purposes or to respond 
                        to an emergency.
                            (iii) Limitation.--This subparagraph shall 
                        not apply to the Wilderness Areas.
                    (C) New roads.--No additional road shall be built 
                within the National Conservation Areas after the date 
                of enactment of this Act unless the road is identified 
                in the Management Plans as necessary for public safety 
                or resource protection.

SEC. 4. DESIGNATION OF WILDERNESS AREAS.

    (a) In General.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the following areas in the State are 
designated as wilderness areas and as components of the National 
Wilderness Preservation System:
            (1) Hummingbird springs wilderness additions.--Certain 
        public land in Maricopa County, Arizona, consisting of 
        approximately 17,000 acres, as generally depicted on the map 
        entitled ``Hummingbird Springs Wilderness Additions'' and dated 
        [____ 2013], which is incorporated in, and shall be considered 
        to be a part of, the Hummingbird Springs Wilderness, as 
        designated by section 101(a)(12) of the Arizona Desert 
        Wilderness Act of 1990 (16 U.S.C. 1132 note 460ddd; 104 Stat. 
        4469).
            (2) Woolsey peak wilderness additions.--Certain public land 
        in Maricopa County, Arizona, consisting of approximately 33,523 
        acres, as generally depicted on the map entitled ``Woolsey Peak 
        Wilderness Additions'' and dated [____ 2013], which is 
        incorporated in, and shall be considered to be a part of, the 
        Woolsey Peak Wilderness, as designated by section 101(a)(15) of 
        the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note 
        460ddd; 104 Stat. 4469).
            (3) Belmont mountains wilderness.--Certain public land in 
        Maricopa County, Arizona, comprising approximately 19,000 
        acres, as generally depicted on the map entitled ``Belmont 
        Mountains Wilderness'' and dated [_____2013], which shall be 
        known as the ``Belmont Mountains Wilderness''.
            (4) Saddle mountain centennial wilderness.--Certain public 
        land in Maricopa County, Arizona, comprising approximately 
        24,200 acres, as generally depicted on the map entitled 
        ``Saddle Mountain Centennial Wilderness'' and dated [____ 
        2013], which shall be known as the ``Saddle Mountain Centennial 
        Wilderness''.
            (5) Gila bend wilderness.--Certain public land in Maricopa 
        County, Arizona, comprising approximately 68,800 acres, as 
        generally depicted on the map entitled ``Gila Bend Wilderness'' 
        and dated [____ 2013], which shall be known as the ``Gila Bend 
        Wilderness''.
            (6) Sonoran desert national monument wilderness.--Certain 
        public land in Maricopa County, Arizona, within the Sonoran 
        Desert National Monument, comprising approximately 128,300 
        acres, as generally depicted on the map entitled ``Sonoran 
        Desert National Monument Wilderness'' and dated [____ 2013], 
        which shall be known as the ``Sonoran Desert National Monument 
        Wilderness''.
    (b) Administration of Wilderness.--Subject to valid existing 
rights, the Wilderness Areas designated by this Act shall be managed by 
the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.) and this Act, except that--
            (1) any reference in the Wilderness Act to the effective 
        date of that Act shall be considered to be a reference to the 
        date of enactment of this Act; and
            (2) any reference in the Wilderness Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary of the Interior.

SEC. 5. SPECIAL MANAGEMENT AREAS.

    (a) Establishment.--There are established in the State:
            (1) Sentinel plain special management area.--
                    (A) The Sentinel Plain Special Management Area, 
                consisting of approximately 120,600 acres, as generally 
                depicted on the map entitled ``Sentinel Plain Special 
                Management Area'' and dated [_____ 2013].
                    (B) Purpose.--The purpose of the Sentinel Plain 
                Special Management Area is to ensure ecological 
                connectivity and movement of wildlife between the Barry 
                M. Goldwater Air Force Range and the Gila Bend National 
                Conservation Area; to secure native habitat for native 
                species; and to provide recreation and development 
                opportunities that are compatible with native species 
                and with Department of Defense activities related to 
                the Barry M. Goldwater Air Force Range.
            (2) Rainbow valley special management area.--
                    (A) The Rainbow Valley Special Management Area, 
                consisting of approximately 23,400 acres, as generally 
                depicted on the map entitled ``Rainbow Valley Special 
                Management Area'' and dated [____ 2013].
                    (B) Purpose.--The purpose of the Rainbow Valley 
                Special Management Area is to ensure ecological 
                connectivity and movement of wildlife between the 
                Sierra Estrella Mountains and the Sonoran Desert 
                National Monument.
    (b) Management Plans.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall develop for each of 
        the Special Management Area a comprehensive management plan for 
        the long-term protection and management of that area.
            (2) Purposes.--Each management plan shall--
                    (A) describe the appropriate uses and management of 
                each special management area consistent with the 
                conservation purpose as specified in section 5(a);
                    (B) be drafted with consultation from local, 
                regional, and state jurisdictions;
                    (C) be developed with extensive public input;
                    (D) take into consideration any information 
                developed in studies and plans for the land within each 
                special management area;
                    (E) shall consider cooperative management 
                alternatives between the Bureau of Land Management and 
                local, regional, and state jurisdictions that further 
                the purposes outlined in section 5(a); and
                    (F) for the purposes of ensuring ecological 
                connectivity and movement of wildlife through the 
                Rainbow Valley and Sentinel Plain Special Management 
                Areas, the management plans shall--
                            (i) prioritize landscape permeability, 
                        wildlife connectivity and continued movement of 
                        wildlife between the Sierra Estrella Mountains 
                        and the Sonoran Desert National Monument across 
                        Rainbow Valley, and between the Barry M. 
                        Goldwater Air Force Range and the Gila Bend 
                        National Conservation Area across Sentinel 
                        Plain, respectively;
                            (ii) identify the means to maintain 
                        permeability, connectivity and wildlife 
                        movement in the area including, but not limited 
                        to, wildlife crossing structures and other 
                        infrastructure improvements and the criteria to 
                        implement such alternatives;
                            (iii) incorporate current scientific 
                        knowledge of wildlife movement for a variety of 
                        identified focal species; and
                            (iv) establish a monitoring program to 
                        determine the effectiveness of the plan for 
                        wildlife connectivity.

SEC. 6. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall file maps and legal descriptions of 
the National Conservation Areas, the Wilderness Areas, and the Special 
Management Areas with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The maps and legal descriptions filed under 
subsection (a) shall have the same force and effect as if included in 
this Act, except that the Secretary may correct clerical and 
typographical errors in the maps and legal descriptions.
    (c) Public Availability.--The maps and legal descriptions filed 
under subsection (a) shall be available for public inspection in--
            (1) the Office of the Director of the Bureau of Land 
        Management; and
            (2) the appropriate office of the Bureau of Land Management 
        in the State.

SEC. 7. MANAGEMENT OF NATIONAL CONSERVATION AREAS, WILDERNESS AREAS, 
              AND SPECIAL MANAGEMENT AREAS.

    (a) Military Use.--Nothing in this Act restricts or precludes--
            (1) overflights of military aircraft over the National 
        Conservation Areas, Wilderness Areas, or Special Management 
        Areas designated by this Act including military overflights 
        that can be seen or heard within the areas;
            (2) flight testing and evaluation; or
            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the National Conservation Areas, Wilderness Areas, 
        or Special Management Areas.
    (b) Hunting, Fish and Wildlife.--
            (1) Hunting.--Nothing in this section or the Wilderness Act 
        (16 U.S.C. 1131 et seq.) shall affect hunting, under applicable 
        State and Federal laws and regulations, within a covered 
        wilderness area.
            (2) Jurisdiction.--As provided in section 4(d)(7) of the 
        Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section 
        or the Wilderness Act shall be construed as affecting the 
        jurisdiction or responsibilities of the State of Arizona with 
        respect to fish and wildlife in the State.
            (3) Wildlife management.--Management activities to maintain 
        or restore fish and wildlife populations and the habitats to 
        support such populations may be carried out within a covered 
        wilderness area, where consistent with the Wilderness Act (16 
        U.S.C. 1131 et seq.) and other applicable laws.
            (4) Cooperative agreement.--The Secretary shall enter into 
        a cooperative agreement with the State of Arizona for 
        management of fish and wildlife within a covered wilderness 
        area. The cooperative agreement shall specify the terms and 
        conditions under which the State or a designee of the State may 
        use wildlife management activities in a covered wilderness area 
        consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), 
        and other applicable laws.
    (c) Livestock Grazing.--
            (1) Grazing in national conservation areas or special 
        management areas.--Except as provided in paragraph (2), the 
        Secretary shall issue and administer any grazing leases or 
        permits in the National Conservation Areas or Special 
        Management Areas in accordance with the laws (including 
        regulations) applicable to the issuance and administration of 
        such leases and permits on other land under the jurisdiction of 
        the Bureau of Land Management.
            (2) Grazing in wilderness areas.--The grazing of livestock 
        in a wilderness area designated by this Act, if established as 
        of the date of enactment of this Act, shall be permitted to 
        continue--
                    (A) subject to any reasonable regulations, 
                policies, and practices that the Secretary determines 
                to be necessary; and
                    (B) in accordance with--
                            (i) section 4(d)(4) of the Wilderness Act 
                        (16 U.S.C. 1133(d)(4)); and
                            (ii) the guidelines set forth in Appendix A 
                        of the report of the Committee on Interior and 
                        Insular Affairs of the House of Representatives 
                        accompanying H.R. 2570 of the 101st Congress 
                        (H. Rept. 101-405).
    (d) Access to Private Lands.--The Secretary shall provide any owner 
of private property--
            (1) within the boundary of a national conservation area or 
        special management area designated by this Act adequate access 
        to the property; and
            (2) within the boundary of a wilderness area designated by 
        this Act adequate access to the property in accordance with 
        section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
    (e) Valid Existing Rights.--The designation of the National 
Conservation Areas, Wilderness Areas, and Special Management Areas is 
subject to valid rights in existence on the date of enactment of this 
Act.
    (f) Withdrawal.--Subject to valid existing rights, all public land 
within the National Conservation Areas, Wilderness Areas, and Special 
Management Areas, and all land and interests in land acquired by the 
United States within the National Conservation Areas, Wilderness Areas, 
or Special Management Areas is withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) right-of-way, leasing, or disposition under all laws 
        relating to--
                    (A) minerals; or
                    (B) solar, wind, and geothermal energy.
    (g) No Buffer Zones.--
            (1) In general.--Nothing in this subtitle creates a 
        protective perimeter or buffer zone around the National 
        Conservation Areas, Wilderness Areas, or Special Management 
        Areas.
            (2) Activities outside national conservation areas, 
        wilderness areas, and special management areas.--The fact that 
        an activity or use on land outside a National Conservation 
        Area, Wilderness Area, or Special Management Area can be seen 
        or heard within the area shall not preclude the activity or use 
        outside the boundary of the areas.
    (h) Fire, Insects, and Diseases.--Subject to such terms and 
conditions as the Secretary determines to be desirable and appropriate, 
the Secretary may undertake such measures as are necessary to control 
fire, insects, and diseases--
            (1) in the Wilderness Areas, in accordance with section 
        4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
            (2) except as provided in paragraph (1), in the National 
        Conservation Areas and Special Management Areas in accordance 
        with this Act and any other applicable laws.
    (i) Invasive Species and Noxious Weeds.--In accordance with any 
applicable laws and subject to such terms and conditions as the 
Secretary determines to be desirable and appropriate, the Secretary may 
prescribe measures to control nonnative invasive plants and noxious 
weeds within the National Conservation Areas and Special Management 
Areas.
    (j) Native American Uses and Interests.--To the extent practicable, 
the Secretary shall ensure access to the National Conservation Areas, 
Wilderness Areas, and Special Management Areas by members of an Indian 
tribe for traditional cultural purposes, including spiritual or food-
gathering activities. In implementing this paragraph, the Secretary, 
upon the request of an Indian tribe, may temporarily close to the 
general public use of one or more specific portions of a national 
conservation area, wilderness area, or special management area in order 
to protect the privacy of traditional cultural activities in such areas 
by members of the Indian tribe. Any such closure shall be made to 
affect the smallest practicable area for the minimum period necessary 
for such purposes. Such access shall be consistent with the purpose and 
intent of Public Law 95-341 (42 U.S.C. 1996), commonly referred to as 
the American Indian Religious Freedom Act.
    (k) Utility Rights-of-Way.--Nothing in this Act precludes the 
Secretary from renewing an existing utility right-of-way through a 
national conservation area or special management area in a manner that 
minimizes harm to the purposes of the national conservation area or 
special management area described in subsection (b) and section 5(a)--
            (1) in accordance with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) any other applicable law; and
            (2) subject to such terms and conditions as the Secretary 
        determines to be appropriate.
    (l) Maintenance of Existing Communications Facilities.--The 
provisions of this Act shall not be construed to prevent--
            (1) the maintenance of communications facilities, in 
        existence on the date of the enactment of this Act and located 
        in a national conservation area; or
            (2) limited motorized access to such facilities when non-
        motorized access means are not reasonably available or when 
        time is of the essence, subject to such conditions as the 
        Secretary considers to be desirable.
    (m) Maintenance of Agua Caliente Road.--In preparing resource 
management and travel management plans for the Lower Sonoran Field 
Office, the Secretary shall provide for protection of the existing, 
low-standard (BLM Maintenance Level 3) Agua Caliente which provides 
access to the wilderness and high conservation value lands designated 
by this Act, and shall assure that the wilderness environment and 
atmosphere enjoyed by users of this road, which Congress finds is well-
matched to the rugged and wild character of the wilderness beyond the 
roadside, is not degraded by incompatible development within the road 
corridor or by improvement of the road itself other than as he 
determines necessary for public safety.

SEC. 8. ACQUISITION OF LAND.

    (a) In General.--The Secretary may acquire non-public land within 
the boundaries of the National Conservation Areas, the Wilderness 
Areas, or the Special Management Areas established by this Act only 
through exchange, donation, or purchase from a willing seller.
    (b) Management.--Land acquired under this section shall--
            (1) become part of the National Conservation Areas, the 
        Wilderness Areas, or the Special Management Areas involved; and
            (2) be managed in accordance with this Act and any other 
        applicable laws.

SEC. 9. BORDER SECURITY.

    Nothing in this Act--
            (1) prevents the Secretary of Homeland Security from 
        undertaking law enforcement and border security activities--
                    (A) in the National Conservation Areas and Special 
                Management Areas outside the Wilderness Areas, or
                    (B) in accordance with section 4(c) of the 
                Wilderness Act (16 U.S.C. 1133(c)), within the 
                Wilderness Areas, including the ability to use 
                motorized access within a Wilderness Area while in 
                pursuit of a suspect;
            (2) affects the 2006 Memorandum of Understanding among the 
        Department of Homeland Security, the Department of the 
        Interior, and the Department of Agriculture regarding 
        cooperative national security and counterterrorism efforts on 
        public land along the borders of the United States; or
            (3) prevents the Secretary of Homeland Security from 
        conducting any low-level overflights over the National 
        Conservation Areas and Special Management Areas or the 
        Wilderness Areas that may be necessary for law enforcement and 
        border security purposes.

SEC. 10. WATER RIGHTS.

    (a) Reservation of Rights.--With respect to each wilderness area 
designated by this Act, Congress hereby reserves a quantity of water 
sufficient to fulfill the purposes of this Act. The priority date of 
such reserved rights shall be the date of enactment of this Act.
    (b) Protection of Rights.--The Secretary and all other officers of 
the United States shall take steps necessary to protect the rights 
reserved by subsection (a), including the filing by the Secretary of a 
claim for the quantification of such rights in any present or future 
appropriate stream adjudication in the courts of the State in which the 
United States is or may be joined and which is conducted in accordance 
with the McCarran Amendment (43 U.S.C. 666).
    (c) No Relinquishment or Reduction.--Nothing in this section shall 
be construed as a relinquishment or reduction of any water rights 
reserved or appropriated by the United States in the State on or before 
the date of enactment of this Act.
    (d) Reservation for Specific Wilderness.--The Federal water rights 
reserved by this section are specific to the wilderness located in the 
State designated by this Act. Nothing in this section related to 
reserved Federal water rights shall be construed as establishing a 
precedent with regard to any future designations, nor shall it 
constitute an interpretation of any other Act or any designation made 
pursuant thereto.
                                 <all>