[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10482-S10484]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself and Mr. McCain):
  S. 1560. A bill to establish the Shivwits Plateau National 
Conservation Area; to the Committee on Energy and Natural Resources


     SHIVWITS PLATEAU NATIONAL CONSERVATION AREA ESTABLISHMENT ACT

  Mr. KYL. Mr. President, I rise today along with my colleague Senator 
McCain to introduce legislation creating a national conservation area 
on

[[Page S10483]]

the Shivwits Plateau/Parashant Canyon area of northwest Arizona. I am 
introducing this legislation to conserve, protect, and enhance for the 
benefit of present and future generations the existing landscapes, 
native wildlife and vegetation as well as the prehistoric, historic, 
scenic, and traditional human values of the area. This is a bill about 
the future, and I think it is important that we recognize the unique 
value of this land and its link to our past.
  I have personally toured this area and was impressed with its vast 
landscapes and scenic vistas. I came away with the conviction that the 
area deserves additional protective status. The area is remote, yet it 
supports a few human activities, such as ranching, hunting, 
sightseeing, camping and hiking. I believe those uses can continue 
without threatening the natural environment or any historic or 
prehistoric artifacts that may be found in the area.
  Designation of these lands as a national conservation area will serve 
these goals by increasing attention to and interest in the area by both 
the public and the federal government. By spotlighting this area, the 
Bureau of Land Management will be compelled, and empowered, to increase 
the monetary and personnel resources allocated to this area, and better 
focus its management on preserving and protecting the conservation 
area's unique values.
  This bill also requires the BLM to develop and carry out forest-
restoration projects on both ponderosa pine and pinon-juniper forests 
within the conservation area. The goal of these projects will be to 
restore our forests to their pre-settlement conditions. The forest-
health crisis in our southwestern forests is acute, and efforts are 
currently underway by the BLM at Mount Trumbull to address this 
problem. This legislation builds on those efforts.
  Designation as a national conservation area may also result in the 
limiting of some future human activities like mining. There are no 
current threats to the area, so existing traditional human uses can and 
should be allowed to continue. In this case, protecting the environment 
and continuing existing uses are not mutually exclusive. This bill 
preserves both the land and the traditional lifestyle of the area.
  Proposals have been made to designate this area as a national 
monument. Such an action, however, would be done by presidential fiat 
under the Antiquities Act--that would subvert the public process. We do 
not want a repeat of the stealthy, election year political maneuver 
that resulted in the creation of the Escalante/Grand Staircase National 
Monument in 1996. The people of Arizona and Utah, and their elected 
representatives, deserve better. We must have a say in this process, 
including the ability to meaningfully review and comment upon any 
proposal to change the management of the area. It is only fair that the 
people who would be most affected by such a designation have that 
opportunity. I am addressing the need for local input into this process 
by introduction of this bill. The first step in seeking public input is 
through the legislative process itself. The legislative process will 
ensure that the public has a voice. The next step is the section of the 
bill creating an advisory committee of interested parties to assist the 
BLM in the land-planning process.
  National monument status for this area would also forever preclude 
any type of mining activity. This would be a totally irresponsible 
action. Let me stress that at this time there are no active mining 
activities, nor does it appear that any are planned for the foreseeable 
future within the proposed conservation area. However, we do not know 
for certain what mineral deposits may be located in the area, or in 
what quantity. We do know that there are some uranium and copper 
deposits. The nation does not currently need these resources, but 
prudence would dictate that we not lock up these minerals with no 
possibility for future extraction. While we appear to have adequate 
uranium resources for current needs, policy or conditions may change 
and our national interest may be served by allowing them to be 
extracted in the future.
  This legislation strikes a balance between the desire to preserve the 
land in its present state, and potential future national needs. Under 
the bill, the lands will be withdrawn from mineral entry under the 1872 
mining law, but are subject to mineral leasing at the discretion of the 
Secretary of the Interior. This is consistent with the current status 
of other specially designated federal lands such as the Lake Mead and 
Glen Canyon National Recreation Areas. It is also consistent with the 
Secretary of the Interior's segregation of the area. Under the federal 
mineral leasing laws, the Secretary has broad discretion regarding 
whether to allow mining in a particular area; the amount of royalties 
to charge; the duration of the lease; environmental considerations; and 
reclamation. Thus, authorizing the Secretary to approve mineral leasing 
within the conservation area protects the national interest in these 
minerals while also preserving the environment.
  Mr. President, I am proud to introduce this important piece of 
legislation. I ask unanimous consent that the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1560

       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--

[[Page S10484]]

       (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) Recipts 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.
                                 ______