[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[House]
[Pages H8850-H8855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    LAS CIENEGAS NATIONAL CONSERVATION AREA IN THE STATE OF ARIZONA

  The SPEAKER pro tempore (Mr. LaHood). Pursuant to House Resolution 
610 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the consideration of the 
bill, H.R. 2941.

                              {time}  1240


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2941) to establish the Las Cienegas National Conservation Area in 
the State of Arizona, with Mr. Quinn in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Utah (Mr. Hansen) and the 
gentleman from West Virginia (Mr. Rahall) each will control 30 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Chairman, I yield myself such time as I may consume, 
and I rise in full support of H.R. 2941, which establishes the Cienegas 
National Conservation Area and the Sonoita Valley Conservation Planning 
District in the State of Arizona. Authored by my colleague, the 
gentleman from Arizona (Mr.Kolbe), this legislation will ensure the 
future protection and use of this area.
  The purpose of H.R. 2941 is to preserve the many historical, 
recreation, and rangeland resources of the region while also allowing 
for environmentally responsible grazing and recreation to continue. The 
planning district consists of approximately 137,000 acres of land in 
the Arizona counties of Pima and Santa Cruz. The conservation area on 
the southern end of the planning district encompasses nearly 42,000 
acres of Federal public land. Both of these management prescriptions 
will conserve, protect, and enhance for the benefit and enjoyment of 
present and future generations the unique aquatic, wildlife, cave, 
historical, and other resources and values which allowing livestock 
grazing and recreation to continue.
  In 1995, the Sonoita Valley Planning Partnership was formed to work 
on public lands issues in the Empire-Cienega Resources Conservation 
Area, which the BLM established in 1988. The partnership is comprised 
of various stakeholders, such as hiking clubs, conservation 
organizations, grazing and mining interests, off-highway vehicle clubs, 
mountain bike clubs, as well as Federal, States, and county government 
entities. The SVPP has developed a collaborative management plan for 
these lands, and the National Conservation Area designation gives this 
plan's objectives permanence.
  The establishment of this conservation planning district and national 
conservation will not affect any property rights of any lands or 
interests in lands held by the State of Arizona, any political 
subdivisions of the State of Arizona, or any private landowners. In 
addition, reasonable access to non-federally owned lands or interest in 
lands within the NCA must be provided. The establishment of the 
National Conservation Area must also allow for multiple use, such as 
grazing, motorized vehicles, military overflights, and hunting.
  Mr. Chairman, this bill ensures the designation of the NCA will not 
lead to the creation of protective perimeters or buffer zones. This 
bill also assures that any activity or use on lands outside the NCA are 
not precluded as a result of the designation. In addition, this bill 
directs the Secretary to develop and implement a comprehensive 
management plan for the long-term management of the area.
  Mr. Chairman, my colleague, the gentleman from Arizona (Mr. Kolbe), 
deserves a lot of credit for bringing H.R. 2941 to this point. 
Following the initial hearing on this legislation, many concerns were 
raised about boundaries, private and State lands, and grazing language. 
After several months of negotiation with the minority and the Secretary 
of the Interior, he has produced legislation that is balanced and 
reasonable. I want to commend the gentleman from Arizona (Mr. Kolbe) 
for his patience and hard work. This is a worthy piece of legislation, 
and I strongly urge my colleagues to support H.R. 2941.
  Mr. Chairman, I reserve the balance of my time.

[[Page H8851]]

  Mr. RAHALL. Mr. Chairman, I yield 3 minutes to the gentleman from 
Arizona (Mr. Pastor), a member of the powerful Committee on 
Appropriations.
  (Mr. PASTOR asked and was given permission to revise and extend his 
remarks.)
  Mr. PASTOR. Mr. Chairman, I rise to support this legislation, which I 
have cosponsored and is of tremendous importance to Arizona 
maintenance.
  I appreciate the efforts of the chairman of the Committee on 
Resources, the gentleman from Alaska (Mr. Young); and the ranking 
member, the gentleman from California (Mr. George Miller); as well as 
the subcommittee chairman, the gentleman from Utah (Mr. Hansen); and my 
dear friend, the gentleman from West Virginia (Mr. Rahall), for moving 
this legislation.
  As my colleagues know, this legislation will designate approximately 
206,000 acres of land within Pima, Cochise, and Santa Cruz Counties as 
a National Conservation Area. I represent the area of the designation 
within Santa Cruz County. I believe, as do many others within Arizona, 
that it is important for this area to be designated a National 
Conservation Area.

                              {time}  1245

  This designation would allow for the local people to continue their 
involvement in the use and preservation of this area by having a say in 
the important management plan to be developed by the Secretary of 
Interior.
  In 1988, the Empire-Cienegas Resources Conservation Area was 
established by the Bureau of Land Management. In 1995, in order to 
address and work on land issues within the Conservation Area, a diverse 
and caring group of citizens formed the Sonoita Valley Planning 
Partnership. Virtually every group with an interest in the use and 
conservation of the area was included in the Partnership.
  Conservation organizations have continued to have a say in how this 
land should be used and protected. Hiking clubs address the needs of 
the area both in the recreational activities and preservation. Off-
highway vehicle clubs and mountain biking clubs have explored ways to 
use this land while protecting its pristine value and not spoiling it 
for wildlife and for plant species.
  Ranchers have joined the Partnership to best explain how the land can 
be used for grazing without having a detrimental impact on the 
environment. Mining companies continue to work within the Partnership 
in hopes of ensuring an area will be preserved for recreation, 
wildlife, and beauty.
  Finally, State, Federal, and local governments have been included to 
address the needs of their constituents which are not part of other 
groups.
  Mr. Chairman, I commend the Sonoita Valley Planning Partnership for 
having developed a management plan for these lands. By Congress 
designating Las Cienegas as a National Conservation Area, we will give 
a permanence to the bold and innovative plan that the Partnership has 
developed. In fact, the management plan is the core of this National 
Conservation Area designation. In simple terms, it is a plan by local 
people for local lands.
  Mr. Chairman, while there are many details to this legislation, it is 
important to point out that this bill would preserve a significant 
amount of land from Tucson to Mexico. It would create a biological 
corridor that is necessary for the long-term survival of several 
species that move within the designated area, not to mention protecting 
a diverse cross-section of plants. It would also sustain a long-term 
riparian area along two southern Arizona perennial streams.
  In closing, Mr. Chairman, we all know there are several options for 
protecting this land. After looking at all the alternatives, I support 
the approach of the gentleman from Arizona (Mr. Kolbe) of the Sonoita 
Valley Planning Partnership as the best alternative to maintaining and 
preserving this area. By designating this area as a National 
Conservation Area, we are taking a practical and meaningful approach 
toward preserving our environment in southeastern Arizona.
  I urge my colleagues to support this important legislation.
  Mr. HANSEN. Mr. Chairman, I am happy to yield such time as he may 
consume to the author of this legislation, the gentleman from Arizona 
(Mr. Kolbe), who has done such an outstanding job on this legislation.
  Mr. KOLBE. Mr. Chairman, I thank the gentleman from Utah (Mr. Hansen) 
for yielding me the time.
  Mr. Chairman, to paraphrase Winston Churchill, consideration of H.R. 
2941 marks not the beginning of the end for this legislation, but 
rather the end of the beginning.
  I say that because this is the culmination of 5 years of work by the 
people who live and work in the area, but its enactment will mark the 
beginning of an effort to preserve 143,000 acres of land so that future 
generations can enjoy Arizona's great western heritage, ranching, 
outdoor recreation and vast open spaces of desert filled with wildlife.
  This bill establishes the Las Cienegas National Conservation Area. 
Mr. Chairman, for the benefit of my colleagues, ``Las Cienegas'' means 
``the marshes,'' something we do not normally associate with Arizona. 
And yet this river bottom, this watershed is indeed one of the 
spectacular areas of marshes and bogs.
  The legislation will ensure that a land management plan is developed 
that is consistent with local needs and interests. Besides grazing and 
recreation, other authorized uses of the lands and the NCA include 
motorized vehicles on specified roads and trails, continued military 
overflights, and hunting in accordance with State law.
  However, future mineral leases are prohibited. The management plan of 
this NCA must be based on the local partnership's land use plan that 
has been collaborative in nature. The plan must include educational 
programs as well as the strategies for management of wildlife, cultural 
resources, and cave resources.
  The bill also protects private property rights and it ensures access 
to private and other non-Federal properties within the NCA boundary.
  This legislation reflects, I believe, a balanced approach to land 
management that recreation, hunting and ranching can coexist with the 
Sonoran desert ecosystem. Several perspectives have been brought to the 
table during the 5 years that this vision has been molded into its 
current shape, and the gentleman from Utah (Mr. Hansen) alluded to some 
of that.
  The interest of hiking clubs, of conservation groups, of grazing 
permittees, of mountain bike clubs, as well as State and county 
governments have all been intricately involved and interwoven in this 
consensus building process.
  The bill does indeed, as a result, have very broad support. Both 
counties affected by this bill have passed unanimous bipartisan 
resolutions of support. It has shown to have bipartisan support here in 
the House of Representatives. It has support from the Department of 
Army and the very nearby Fort Huachuca. It has support of the City of 
Tucson and support of the Empire Ranch Foundation, of environmental 
organizations, of the Arizona and Pima Trail Associations, of the 
Southern Arizona Mountain Bike Association, of the Green Valley Hiking 
Club. And today, just this morning, I am pleased to say that the 
Governor of the State of Arizona has just faxed us a letter of her 
support.
  Yes, it even has the support of developers.
  The bill establishes a 142,800 acres Sonoita Valley Acquisition 
Planning District, which includes the 42,000 acres Las Cienegas 
National Conservation Area.
  The goal of this acquisition planning district is to give the 
Secretary of the Interior the authority to reach a consensual agreement 
with the Governor of Arizona to acquire the State lands and prevent 
urban sprawl in the region.
  This is a one-way street, however. The Secretary of Interior has to 
try to negotiate and coordinate with the State, but the State must 
weigh its options and decide whether this would be beneficial for them. 
If the State or other non-Federal landowners decide not to participate 
in this vision, this legislation does not prevent them from doing 
anything that would be allowed today on that land. It simply provides 
another option to the State as the major landholder within this 
acquisition planning area.
  Also, let me point out that there are no private lands within the NCA

[[Page H8852]]

boundary, and non-Federal land within the acquisition planning district 
could become a part of the National Conservation Area only if they are 
acquired from a willing seller or if a conservation easement is 
purchased by the Bureau of Land Management.
  Mr. Chairman, I am proud to be here today representing the people of 
southeastern Arizona on the development of this legislation. They have 
made a very conscious effort to work with their neighbors, to 
understand the differing interests, the competing interests that are 
included in this bill, and to come up with a plan that meets everyone's 
needs.
  Lastly, I would like to take this opportunity to express my thanks 
and appreciation to the multitude of people who have helped us to get 
to this point. Many people have put their heart and soul into this 
bill.
  I think of Luther Propst and Mary Vint with the Sonoran Institute; 
John and Mac Donaldson and John McDonald with the Empire Ranch, and I 
only wish, I might add, that I could give them some rain right now for 
their cattle and their feed; of Sheldon Clark, Peter Backus; 
Supervisors Ray Carroll of Pima County and Ron Morriss of Santa Cruz 
County; Arizona Game & Fish Commissioner Joe Carter; and Jesse Juen and 
Laurie Sedlmayr with the Bureau of Land Management.
  I also commend Governor Hull and her staff for their valuable 
contributions to the legislation. I especially want to thank my 
colleague, the gentleman from Arizona (Mr. Pastor), for his consistent 
support. Lisa Daly with Legislative Counsel has to be commended for 
dealing with my staff's constant pestering and pleasantly and 
competently dealing with the seemingly never-ending changes to the 
bill.
  Finally, I thank my own staff in Arizona: Kay McLoughlin, Bernadette 
Polley. And as a witness to just how long this has been going on, I 
express my thanks also to Melinda Carrell, who retired more than a year 
ago, not, I might add, because of this bill, but played an instrumental 
role in developing this legislation.
  Without the dedicated work of Kevin Messner, who is with me on the 
floor today, giving birth to this bill countless times, negotiating 
improvements, and maneuvering through mine fields, we would not be here 
on the floor with this bill today.
  And finally, last but not least, let me also thank the gentleman from 
Utah (Mr. Hansen), the chairman of subcommittee; Allen Freemyer from 
the majority staff; and Rick Healy from the minority staff for their 
invaluable input for bringing us here. These folks have been invaluable 
in this effort. I give my heartfelt thanks to them and say this is what 
I think the legislative process ought to be about.
  I urge my colleagues to vote in favor of a 5-year bipartisan, multi-
interest compromise that is being asked for by the people, and I can 
say virtually all the people, of southern Arizona.
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I simply want to commend and congratulate the gentleman 
from Arizona (Mr. Kolbe) for the manner in which he has moved this 
legislation, as well as the subcommittee chairman, the gentleman from 
Utah (Mr. Hansen).
  At the appropriate time, I will submit the statement of the ranking 
member, the gentleman from California (Mr. George Miller) for the 
Record.
  We support the revised bill.
  Mr. Chairman, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. HANSEN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I thank the gentleman from Arizona (Mr. Kolbe) for the 
excellent presentation that he just gave us concerning this piece of 
legislation.
  Mr. GEORGE MILLER of California. Mr. Chairman, H.R. 2941, introduced 
by Mr. Kolbe, would establish a new national conservation area (NCA) in 
southeastern Arizona, near Tucson. The area consists of hills, 
grasslands and marshes along a stretch of Cienega Creek. Left 
unaddressed, this area is likely to succumb to urban sprawl.
  At the hearing on H.R. 2941, Interior Secretary Babbitt testified in 
general support a conservation designation for the area. However, there 
were a significant number of problems with the language of the bill 
that the Secretary and others elaborated on.
  Between the hearing and mark up of the legislation there were 
discussions among the majority and minority staffs, as well as BLM 
staff and the bill sponsor on changes that could be made to the bill to 
make it an acceptable proposal.
  We appreciate the fact that the bill reported by the Resources 
Committee made many positive changes to the bill. However, in one 
instance the reported bill represented a step backward rather than a 
step forward.
  We did not support the language in the Committee bill as it pertains 
to grazing. This language had the effect of according grazing a higher 
status than it has under current law. While the revised bill had many 
good features to it, on grazing it fell short.
  I am pleased that the version of the bill made in order today under 
the Rule includes provisions that address the problem with the grazing 
language of the Committee-reported bill. The new language provides for 
environmentally sustainable grazing on appropriate lands within the 
conservation area. As such, this language will be consistent with the 
protection of the important resource values of the area.
  Mr. Chairman, I appreciate the work of Representative Kolbe and his 
staff in addressing this important matter. I will be supporting H.R. 
2941 with this new language and urge my colleagues to do likewise.
  Mr. HANSEN. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  In lieu of the amendment recommended by the Committee on Resources 
printed in the bill, it shall be in order to consider as an original 
bill for the purpose of amendment under the 5-minute rule an amendment 
in the nature of a substitute printed in the Congressional Record and 
numbered 1. That amendment in the nature of a substitute shall be 
considered as read.
  The text of the amendment in the nature of a substitute is as 
follows:
       Strike all after the enacting clause and insert the 
     following new text:

     SECTION 1. DEFINITIONS.

       For the purposes of this Act, the following definitions 
     apply:
       (1) Conservation area.--The term ``Conservation Area'' 
     means the Las Cienegas National Conservation Area established 
     by section 4(a).
       (2) Acquisition planning district.--The term ``Acquisition 
     Planning District'' means the Sonoita Valley Acquisition 
     Planning District established by section 2(a).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Conservation Area.
       (4) Public lands.--The term ``public lands'' has the 
     meaning given the term in section 103(e) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except 
     that such term shall not include interest in lands not owned 
     by the United States.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 2. ESTABLISHMENT OF THE SONOITA VALLEY ACQUISITION 
                   PLANNING DISTRICT.

       (a) In General.--In order to provide for future 
     acquisitions of important conservation land within the 
     Sonoita Valley region of the State of Arizona, there is 
     hereby established the Sonoita Valley Acquisition Planning 
     District.
       (b) Areas Included.--The Acquisition Planning District 
     shall consist of approximately 142,800 acres of land in the 
     Arizona counties of Pima and Santa Cruz, including the 
     Conservation Area, as generally depicted on the map entitled 
     ``Sonoita Valley Acquisition Planning District and Las 
     Cienegas National Conservation Area'' and dated October 2, 
     2000.
       (c) Map and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     Acquisition Planning District. In case of a conflict between 
     the map referred to in subsection (b) and the map and legal 
     description submitted by the Secretary, the map referred to 
     in subsection (b) shall control. The map and legal 
     description shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in such map and legal 
     description. Copies of the map and legal description shall be 
     on file and available for public inspection in the Office of 
     the Director of the Bureau of Land Management, and in the 
     appropriate office of the Bureau of Land Management in 
     Arizona.

     SEC. 3. PURPOSES OF THE ACQUISITION PLANNING DISTRICT.

       (a) In General.--The Secretary shall negotiate with land 
     owners for the acquisition of lands and interest in lands 
     suitable for Conservation Area expansion that meet the 
     purposes described in section 4(a). The Secretary shall only 
     acquire property under this Act pursuant to section 7.
       (b) Federal Lands.--The Secretary, through the Bureau of 
     Land Management, shall administer the public lands within the 
     Acquisition Planning District pursuant to this Act and the 
     applicable provisions of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.), subject to 
     valid

[[Page H8853]]

     existing rights, and in accordance with the management plan. 
     Such public lands shall become part of the Conservation Area 
     when they become contiguous with the Conservation Area.
       (c) Fish and Wildlife.--Nothing in this Act shall be 
     construed as affecting the jurisdiction or responsibilities 
     of the State of Arizona with respect to fish and wildlife 
     within the Acquisition Planning District.
       (d) Protection of State and Private Lands and Interests.--
     Nothing in this Act shall be construed as affecting any 
     property rights or management authority with regard to any 
     lands or interest in lands held by the State of Arizona, any 
     political subdivision of the State of Arizona, or any private 
     property rights within the boundaries of the Acquisition 
     Planning District.
       (e) Public Lands.--Nothing in this Act shall be construed 
     as in any way diminishing the Secretary's or the Bureau of 
     Land Management's authorities, rights, or responsibilities 
     for managing the public lands within the Acquisition Planning 
     District.
       (f) Coordinated Management.--The Secretary shall coordinate 
     the management of the public lands within the Acquisition 
     Planning District with that of surrounding county, State, and 
     private lands consistent with the provisions of subsection 
     (d).

     SEC. 4. ESTABLISHMENT OF THE LAS CIENEGAS NATIONAL 
                   CONSERVATION AREA.

       (a) In General.--In order to conserve, protect, and enhance 
     for the benefit and enjoyment of present and future 
     generations the unique and nationally important aquatic, 
     wildlife, vegetative, archaeological, paleontological, 
     scientific, cave, cultural, historical, recreational, 
     educational, scenic, rangeland, and riparian resources and 
     values of the public lands described in subsection (b) while 
     allowing livestock grazing and recreation to continue in 
     appropriate areas, there is hereby established the Las 
     Cienegas National Conservation Area in the State of Arizona.
       (b) Areas Included.--The Conservation Area shall consist of 
     approximately 42,000 acres of public lands in the Arizona 
     counties of Pima and Santa Cruz, as generally depicted on the 
     map entitled ``Sonoita Valley Acquisition Planning District 
     and Las Cienegas National Conservation Area'' and dated 
     October 2, 2000.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a map and legal description of the 
     Conservation Area. In case of a conflict between the map 
     referred to in subsection (b) and the map and legal 
     description submitted by the Secretary, the map referred to 
     in subsection (b) shall control. The map and legal 
     description shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in such map and legal 
     description. Copies of the map and legal description shall be 
     on file and available for public inspection in the Office of 
     the Director of the Bureau of Land Management, and in the 
     appropriate office of the Bureau of Land Management in 
     Arizona.
       (d) Forest Lands.--Any lands included in the Coronado 
     National Forest that are located within the boundaries of the 
     Conservation Area shall be considered to be a part of the 
     Conservation Area. The Secretary of Agriculture shall revise 
     the boundaries of the Coronado National Forest to reflect the 
     exclusion of such lands from the Coronado National Forest.

     SEC. 5. MANAGEMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION 
                   AREA.

       (a) In General.--The Secretary shall manage the 
     Conservation Area in a manner that conserves, protects, and 
     enhances its resources and values, including the resources 
     and values specified in section 4(a), pursuant to the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.) and other applicable law, including this Act.
       (b) Uses.--The Secretary shall allow only such uses of the 
     Conservation Area as the Secretary finds will further the 
     purposes for which the Conservation Area is established as 
     set forth in section 4(a).
       (c) Grazing.--The Secretary of the Interior shall permit 
     grazing subject to all applicable laws, regulations, and 
     Executive Orders consistent with the purposes of this Act.
       (d) Motorized Vehicles.--Except where needed for 
     administrative purposes or to respond to an emergency, use of 
     motorized vehicles on public lands in the Conservation Area 
     shall be allowed only--
       (1) before the effective date of a management plan prepared 
     pursuant to section 6, 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
       (2) after the effective date of a management plan prepared 
     pursuant to section 6, on roads and trails designated for use 
     of motor vehicles in that management plan.
       (e) Military Airspace.--Prior to the date of the enactment 
     of this Act the Federal Aviation Administration approved 
     restricted military airspace (Areas 2303A and 2303B) which 
     covers portions of the Conservation Area. Designation of the 
     Conservation Area shall not impact or impose any altitude, 
     flight, or other airspace restrictions on current or future 
     military operations or missions. Should the military require 
     additional or modified airspace in the future, the Congress 
     does not intend for the designation of the Conservation Area 
     to impede the military from petitioning the Federal Aviation 
     Administration to change or expand existing restricted 
     military airspace.
       (f) Access to State and Private Lands.--Nothing in this Act 
     shall affect valid existing rights-of-way within the 
     Conservation Area. The Secretary shall provide reasonable 
     access to nonfederally owned lands or interest in lands 
     within the boundaries of the Conservation Area.
       (g) Hunting.--Hunting shall be allowed within the 
     Conservation Area in accordance with applicable laws and 
     regulations of the United States and the State of Arizona, 
     except that the Secretary, after consultation with the 
     Arizona State wildlife management agency, may issue 
     regulations designating zones where and establishing periods 
     when no hunting shall be permitted for reasons of public 
     safety, administration, or public use and enjoyment.
       (h) Preventative Measures.--Nothing in this Act shall 
     preclude such measures as the Secretary determines necessary 
     to prevent devastating fire or infestation of insects or 
     disease within the Conservation Area.
       (i) No Buffer Zones.--The establishment of the Conservation 
     Area shall not lead to the creation of protective perimeters 
     or buffer zones around the Conservation Area. The fact that 
     there may be activities or uses on lands outside the 
     Conservation Area that would not be permitted in the 
     Conservation Area shall not preclude such activities or uses 
     on such lands up to the boundary of the Conservation Area 
     consistent with other applicable laws.
       (j) Withdrawals.--Subject to valid existing rights all 
     Federal lands within the Conservation Area and all lands and 
     interest therein which are hereafter acquired by the United 
     States are hereby withdrawn from all forms of entry, 
     appropriation, or disposal under the public land laws and 
     from location, entry, and patent under the mining laws, and 
     from operation of the mineral leasing and geothermal leasing 
     laws and all amendments thereto.

     SEC. 6. MANAGEMENT PLAN.

       (a) Plan Required.--Not later than 2 years after the date 
     of the enactment of this Act, the Secretary, through the 
     Bureau of Land Management, shall develop and begin to 
     implement a comprehensive management plan for the long-term 
     management of the public lands within the Conservation Area 
     in order to fulfill the purposes for which it is established, 
     as set forth in section 4(a). Consistent with the provisions 
     of this Act, the management plan shall be developed--
       (1) in consultation with appropriate departments of the 
     State of Arizona, including wildlife and land management 
     agencies, with full public participation;
       (2) from the draft Empire-Cienega Ecosystem Management 
     Plan/EIS, dated October 2000, as it applies to Federal lands 
     or lands with conservation easements; and
       (3) in accordance with the resource goals and objectives 
     developed through the Sonoita Valley Planning Partnership 
     process as incorporated in the draft Empire-Cienega Ecosystem 
     Management Plan/EIS, dated October 2000, giving full 
     consideration to the management alternative preferred by the 
     Sonoita Valley Planning Partnership, as it applies to Federal 
     lands or lands with conservation easements.
       (b) Contents.--The management plan shall include--
       (1) provisions designed to ensure the protection of the 
     resources and values described in section 4(a);
       (2) an implementation plan for a continuing program of 
     interpretation and public education about the resources and 
     values of the Conservation Area;
       (3) a proposal for minimal administrative and public 
     facilities to be developed or improved at a level compatible 
     with achieving the resource objectives for the Conservation 
     Area and with the other proposed management activities to 
     accommodate visitors to the Conservation Area;
       (4) cultural resources management strategies for the 
     Conservation Area, prepared in consultation with appropriate 
     departments of the State of Arizona, with emphasis on the 
     preservation of the resources of the Conservation Area and 
     the interpretive, educational, and long-term scientific uses 
     of these resources, giving priority to the enforcement of the 
     Archaeological Resources Protection Act of 1979 (16 U.S.C. 
     470aa et seq.) and the National Historic Preservation Act (16 
     U.S.C. 470 et seq.) within the Conservation Area;
       (5) wildlife management strategies for the Conservation 
     Area, prepared in consultation with appropriate departments 
     of the State of Arizona and using previous studies of the 
     Conservation Area;
       (6) production livestock grazing management strategies, 
     prepared in consultation with appropriate departments of the 
     State of Arizona;
       (7) provisions designed to ensure the protection of 
     environmentally sustainable livestock use on appropriate 
     lands within the Conservation Area;
       (8) recreation management strategies, including motorized 
     and nonmotorized dispersed recreation opportunities for the 
     Conservation Area, prepared in consultation with appropriate 
     departments of the State of Arizona;
       (9) cave resources management strategies prepared in 
     compliance with the goals and objectives of the Federal Cave 
     Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); 
     and
       (10) provisions designed to ensure that if a road or trail 
     located on public lands within

[[Page H8854]]

     the Conservation Area, or any portion of such a road or 
     trail, is removed, consideration shall be given to providing 
     similar alternative access to the portion of the Conservation 
     Area serviced by such removed road or trail.
       (c) Cooperative Agreements.--In order to better implement 
     the management plan, the Secretary may enter into cooperative 
     agreements with appropriate Federal, State, and local 
     agencies pursuant to section 307(b) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1737(b)).
       (d) Research Activities.--In order to assist in the 
     development and implementation of the management plan, the 
     Secretary may authorize appropriate research, including 
     research concerning the environmental, biological, 
     hydrological, cultural, agricultural, recreational, and other 
     characteristics, resources, and values of the Conservation 
     Area, pursuant to section 307(a) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1737(a)).

     SEC. 7. LAND ACQUISITION.

       (a) In General.--
       (1) Priority to conservation easements.--In acquiring lands 
     or interest in lands under this section, the Secretary shall 
     give priority to such acquisitions in the form of 
     conservation easements.
       (2) Private lands.--The Secretary is authorized to acquire 
     privately held lands or interest in lands within the 
     boundaries of the Acquisition Planning District only from a 
     willing seller through donation, exchange, or purchase.
       (3) County lands.--The Secretary is authorized to acquire 
     county lands or interest in lands within the boundaries of 
     the Acquisition Planning District only with the consent of 
     the county through donation, exchange, or purchase.
       (4) State lands.--
       (A) In general.--The Secretary is authorized to acquire 
     lands or interest in lands owned by the State of Arizona 
     located within the boundaries of the Acquisition Planning 
     District only with the consent of the State and in accordance 
     with State law, by donation, exchange, purchase, or eminent 
     domain.
       (B) Sunset of authority to acquire by eminent domain.--The 
     authority to acquire State lands under subparagraph (A) shall 
     expire 10 years after the date of the enactment of this Act.
       (C) Consideration.--As consideration for the acquisitions 
     by the United States of lands or interest in lands under this 
     paragraph, the Secretary shall pay fair market value for such 
     lands or shall convey to the State of Arizona all or some 
     interest in Federal lands (including buildings and other 
     improvements on such lands or other Federal property other 
     than real property) or any other asset of equal value within 
     the State of Arizona.
       (D) Transfer of jurisdiction.--All Federal agencies are 
     authorized to transfer jurisdiction of Federal lands or 
     interest in lands (including buildings and other improvements 
     on such lands or other Federal property other than real 
     property) or any other asset within the State of Arizona to 
     the Bureau of Land Management for the purpose of acquiring 
     lands or interest in lands as provided for in this paragraph.
       (b) Management of Acquired Lands.--Lands acquired under 
     this section shall, upon acquisition, become part of the 
     Conservation Area and shall be administered as part of the 
     Conservation Area. These lands shall be managed in accordance 
     with this Act, other applicable laws, and the management 
     plan.

     SEC. 8. REPORTS TO CONGRESS.

       (a) Protection of Certain Lands.--Not later than 2 years 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report describing the most 
     effective measures to protect the lands north of the 
     Acquisition Planning District within the Rincon Valley, 
     Colossal Cave area, and Agua Verde Creek corridor north of 
     Interstate 10 to provide an ecological link to Saguaro 
     National Park and the Rincon Mountains and contribute to 
     local government conservation priorities.
       (b) Implementation of This Act.--Not later than 5 years 
     after the date of the enactment of this Act, and at least at 
     the end of every 10-year period thereafter, the Secretary 
     shall submit to Congress a report describing the 
     implementation of this Act, the condition of the resources 
     and values of the Conservation Area, and the progress of the 
     Secretary in achieving the purposes for which the 
     Conservation Area is established as set forth in section 
     4(a).

  The CHAIRMAN. During consideration of the bill for amendment, the 
Chair may accord priority in recognition to a Member offering an 
amendment that he has printed in the designated place in the 
Congressional Record. Those amendments will be considered read.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum 5 minutes 
the time for voting on any postponed question that immediately follows 
another vote, provided that the time for voting on the first question 
shall be a minimum of 15 minutes.


                     Amendment Offered by Mr. Kolbe

  Mr. KOLBE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Kolbe:
       Page 14, beginning on line 2, strike ``by donation, 
     exchange, purchase, or eminent domain'' and insert ``by 
     donation, exchange, or purchase''.
       Page 14, strike lines 4 through 8.
       Page 14, line 9, strike ``(C)'' and insert ``(B)''.
       Page 14, line 19, strike ``(D)'' and insert ``(C)''.

  Mr. KOLBE (during the reading). Mr. Chairman, I ask unanimous consent 
that the amendment be considered as read and printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Arizona?
  There was no objection.
  Mr. KOLBE. Mr. Chairman, just very briefly, this represents the last 
piece of the compromise on this legislation. After discussions at the 
last hour last night with the Secretary of Interior, we have agreed to 
remove the provision providing for any eminent domain provisions in the 
legislation.
  If Arizona adopts a constitutional change this year, the provisions 
dealing with sale or exchange will still be valid, but we have removed 
the eminent domain. And this amendment accomplishes that.
  Mr. HANSEN. Mr. Chairman, will the gentleman yield?
  Mr. KOLBE. I yield to the gentleman from Utah.
  Mr. HANSEN. Mr. Chairman, we have examined the amendment to the 
amendment in the nature of a substitute and we feel it is a good 
amendment, and we would accept it.
  Mr. Chairman, I include for the Record the following letter and 
attachment from the Congressional Budget Office:

                                                    U.S. Congress,


                                  Congressional Budget Office,

                                  Washington, DC, October 5, 2000.
     Hon. Don Young,
     Chairman, Committee on Resources,
     U.S. House of Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for H.R. 2941, a bill to 
     establish the Las Cienegas National Conservation Area in the 
     State of Arizona.
       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contact is Megan 
     Carroll, who can be reached at 226-2860.
           Sincerely,
                                                 Barry B. Anderson
                                   (For Dan L. Crippen, Director).
       Enclosure.
     H.R. 2941--A bill to establish the Las Cienegas National 
         Conservation Area in the state of Arizona
       As reported by the House Committee on Resources on October 
           4, 2000
       CBO estimates that H.R. 2941 would have no significant 
     impact on the federal budget. The bill could affect direct 
     spending (including offsetting receipts); therefore, pay-as-
     you-go procedures would apply, but we estimate that any such 
     impacts would be less than $500,000 in any given year.
       H.R. 2941 would establish the Sonoita Valley Conservation 
     Planning District on 136,900 acres of land in Arizona. The 
     bill would authorize the Secretary of the Interior to 
     establish and operate an advisory council for 10 years to 
     assist the Secretary in managing public lands within the 
     proposed district. Within the district, H.R. 2941 also would 
     establish the Las Cienegas National Conservation Area on 
     42,000 acres of federal lands and would specify requirements 
     for managing those lands. The bill would direct the Secretary 
     to prepare a management plan for the area and would authorize 
     the Secretary to acquire, through purchase or exchange, 
     nonfederal lands within its boundaries. Subject to valid 
     existing rights, H.R. 2941 would withdraw federal lands 
     within the conservation area from mining and from mineral and 
     geothermal leasing and development. Finally, H.R. 2941 would 
     require the Secretary to report to the Congress on activities 
     within the proposed planning district and conservation area.
       Based on information from the Bureau of Land Management 
     (BLM), CBO estimates that implementing this legislation would 
     cost about $500,000 annually, assuming appropriation of the 
     necessary sums. That estimate includes the estimated costs of 
     establishing and managing the proposed district and 
     conservation area, operating the advisory council, updating 
     an existing management plan, and preparing the required 
     reports.
       Withdrawing lands within the proposed conservation area 
     from mining and from mineral and geothermal leasing and 
     development could result in forgone offsetting receipts from 
     those lands if, under current law, the land would generate 
     receipts from those activities. According to BLM, however, 
     those lands currently generate no significant receipts from 
     such activities, and the agency does not expect them to 
     generate significant receipts over the next 10 years. CBO 
     estimates that any forgone receipts that might

[[Page H8855]]

     result under this provision would total less than $500,000 a 
     year.
       H.R. 2941 contains no intergovernmental or private-sector 
     mandates as defined in the Unfunded Mandates Reform Act 
     (UMRA). Any significant costs incurred by state, local, or 
     tribal governments would result from voluntary decisions to 
     participate in managing the areas affected by this bill.
       The CBO staff contact for this estimate is Megan Carroll, 
     who can be reached at 226-2860. This estimate was approved by 
     Peter H. Fontaine, Deputy Assistant Director for Budget 
     Analysis.

  Mr. RAHALL. Mr. Chairman, will the gentleman yield?
  Mr. KOLBE. I yield to the gentleman from West Virginia.
  Mr. RAHALL. Mr. Chairman, we accept the amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Kolbe).
  The amendment was agreed to.
  The CHAIRMAN. Are there any other amendments? If not, the question is 
on the amendment in the nature of a substitute, as amended.
  The amendment in the nature of a substitute, as amended, was agreed 
to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
McHugh) having assumed the chair, Mr. Quinn, Chairman of the Committee 
of the Whole House on the State of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 2941) to 
establish the Las Cienegas National Conservation Area in the State of 
Arizona, pursuant to House Resolution 610, he reported the bill back to 
the House with an amendment adopted by the Committee of the Whole.

                              {time}  1300

  The SPEAKER pro tempore (Mr. McHugh). Under the rule, the previous 
question is ordered.
  Is a separate vote demanded on the amendment to the amendment in the 
nature of a substitute adopted by the Committee of the Whole? If not, 
the question is on the amendment in the nature of a substitute.
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________