[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Extensions of Remarks]
[Pages E1780-E1781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  SHIVWITS NATIONAL CONSERVATION AREA

                                 ______
                                 

                             HON. BOB STUMP

                               of arizona

                    in the house of representatives

                        Thursday, August 5, 1999

  Mr. STUMP. Mr. Speaker, the Shivwits Plateau is located on the 
southern end of the Arizona Strip, which borders Arizona, Utah and 
Nevada. This area's remote and primitive landscape contains a 
spectacular array of scientific, historic, and cultural resources. This 
relatively unspoiled area remains a rugged frontier. It is a place 
where one can view the compatibilities of relics of ancient cultures 
alongside modern ranching operations.
  Mr. Speaker, in November, 1988, Secretary of the Interior Bruce 
Babbitt first announced his desire to use the Antiquities Act to create 
a national monument on the Shivwits Plateau in northern Arizona. Since 
that time, the Secretary's actions clearly indicate that the Department 
of the Interior has some general environmental concerns over the 
Shivwits Plateau that they do not believe can be redressed by current 
law. It is my hope that as we proceed through the hearing process, the 
Secretary's concerns will be more specifically identified so that they 
can be addressed legislatively.
  Mr. Speaker, today, I am introducing the Shivwits Plateau National 
Conservation Area Establishment Act. My hope in introducing this 
legislation is to continue a public, legislative dialogue on protecting 
Shivwits Plateau. While Secretary Babbitt has made some general public 
comments on the protections he would like to see on the Shivwits 
Plateau, we have worked for months to translate these comments and 
concepts into legislative language.
  The legislation protects the remoteness, native biodiversity and 
ecological richness of the Shivwits Plateau, while at the same time 
increasing public awareness, outdoor recreation use and enjoyment. 
Equally as important, the bill preserves the ranching lifestyle and 
maintains the existing, historic and traditional uses of the Shivwits 
Plateau, goals that the Secretary has expressed in public forums this 
year.
  Mr. Speaker, I would like to take this opportunity to discuss several 
sections of the bill and my intentions for including these sections in 
the Shivwaits National Conservation Area Establishment Act.
  The boundaries of the NCA encompass approximately 570,000 acres, 
containing 384,000 acres of public lands managed by the Bureau of Land 
Management, 164,000 acres of public land within the boundaries of the 
Lake Mead National Recreation, but which are geographically separated 
from the rest of Lake Mead, 14,000 acres of Arizona State Trust Land, 
managed by the Arizona State Land Department, and 8,000 acres of 
privately held land.
  Mr. Speaker, I believe that the resources of this area within the 
Shivwits Plateau can best be managed solely by the Bureau of Land 
Management as a separate, distinct management unit. For this reason, 
the bill removes lands in the NCA that are currently within the 
boundaries of the Lake Mead National Recreation Area from the 
jurisdiction of the National Park Service to control by the Bureau of 
Land Management. Grazing on this land is currently managed by the 
Bureau of Land Management, but the land is under the general management 
of the National Park Service.
  The legislation requires that the Bureau of Land Management protect 
and administer the NCA, and develop a new management plan for the NCA. 
Through a series of public meetings and closely working with the 
stakeholders of the region, the Bureau has been managing the region 
under a combination of resource management and interdisciplinary plans 
whose results have been lauded by all users, as well as the Secretary 
of the Interior. The current plans provide a significant amount of 
flexibility for the management of the Shivwits Plateau, and have 
continually been developed and refined over the past several years. 
Their goals and objectives reflect the varied interests of the Arizona 
Strip, including those of conservationists, the Federal government, 
local governments, recreationists, permittees and land owners, and 
would, I believe, accommodate the interests of the Secretary to protect 
the area for the future. For that reason, the bill directs the Bureau 
to use existing plans, specifically the goals and objectives, as a 
foundation for developing a management plan for the new NCA.

  The legislation also establishes the Shivwits Plateau National 
Conservation Area Advisory Committee. The committee is designed to be 
diverse, yet well balanced, with the purpose of advising the Secretary 
on the preparation and implementation of the management plan.
  Mr. Speaker, the Secretary, during his numerous visits to Arizona, 
has expressed his desire to permit the continuation of valid existing 
uses. Therefore, the bill permits the continuation of existing 
authorized uses, within the framework and restrictions of the current 
management plans. Hunting, fishing and trapping will continue to be 
regulated by the State of Arizona, State and private landowners will 
continue to have reasonable access to their land and existing roads and 
trails on public and private lands will continue to be maintained. In 
addition, grazing will be allowed to continue, within the goals and 
objectives of the management plan, and permittees will be able to 
maintain and improve necessary structures and water tanks within their 
allotments. Finally, local governments and private parties will 
continue to have helicopter and aircraft excess to the Arizona Strip.
  Mr. Speaker, this bill establishes that land within the boundaries of 
the NCA can only be acquired from willing sellers. The Secretary is 
also required to make a diligent effort to acquire private lands, 
subsurface rights and mining claims within the NCA. The legislation 
further guarantees that land values will not be affected by the NCA 
designation and fair market value will be paid for land acquisitions.
  The Shivwits National Conservation Area Establishment Act establishes 
the framework for withdrawing lands within the NCA from mineral entry 
and exploration. The bill requires the Secretary to assess the oil, gas 
and other mineral potential in the NCA no later than two years after 
the enactment of this legislation. The mineral assessment will be 
exchanged with the State and subject to a peer review by the Arizona 
State Department of Mines and Minerals. Additionally, the Secretary 
cannot make, modify or extend any mineral withdrawal authorized by the 
Federal Lands Management Policy Act within the boundaries of

[[Page E1781]]

the NCA after January 1, 1999. If the Secretary withdraws the land, all 
lands and minerals within the NCA will be available for mineral 
leasing, under the Mineral Leasing Act. Language in the legislation 
specifies that the establishment of the NCA will not affect the value 
of subsurface mineral rights.
  Mr. Speaker, the bill also requires the Secretary to develop and 
implement forest restoration projects and provide alternative grazing 
allotments to permittees affected by restoration projects. The 
legislation places a three years time limit on the amount of time a 
restoration project may impact grazing allotment. Current methods used 
to control plant growth will continue to be permitted in the Shivwits 
NCA.
  Mr. Speaker, as you know, water rights are a source of contention in 
the West, and I have ensured in my bill that existing water rights 
within the NCA are not affected by this designation and that no new 
water rights will be created.
  The bill also places requirements on the Secretary to improve and 
maintain specified roads, within the NCA, as all-weather roads. The 
Secretary is also required to conduct a survey of the conservation 
area, noting all sites of archaeological, historical or scientific 
interest.
  Mr. Speaker, the bill also initiates a framework necessary for local 
communities to develop the infrastructure to support this conservation 
area. This bill authorizes the Secretary to implement the 
recommendations contained in the April 1999 report of the Sonoran 
Institute. This report detailed three major goals that must be 
accomplished to ensure the long-term health of the local communities 
and the surrounding public lands. These three goals include building 
local and agency capacity for partnerships, building local 
entrepreneurial capacity and restoring landscape health through local 
efforts. Finally, this bill conveys to Colorado City, Arizona, 
Fredonia, Arizona, Mohave County Arizona and the Kaibab Band of Paiute 
Indians certain federal lands needed to handle the increased visitor 
ship of the Shivwits Plateau.
  Mr. Speaker, I sincerely hope, in introducing this legislation, that 
we send a strong message to the Secretary of the Interior and the 
President, indicating Congress' desire to work on a legislative 
proposal to address the needs of the Shivwits Plateau.

                          ____________________