[Congressional Record Volume 156, Number 128 (Wednesday, September 22, 2010)]
[House]
[Pages H6824-H6825]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            SEDONA-RED ROCK NATIONAL SCENIC AREA ACT OF 2010

  Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 4823) to establish the Sedona-Red Rock National Scenic 
Area in the Coconino National Forest, Arizona, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4823

       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 ``Sedona-Red Rock National 
     Scenic Area Act of 2010''.

     SEC. 2. SEDONA-RED ROCK NATIONAL SCENIC AREA, COCONINO 
                   NATIONAL FOREST, ARIZONA.

       (a) Establishment.--There is established in the Coconino 
     National Forest, Arizona, the Sedona-Red Rock National Scenic 
     Area (in this section referred to as the ``Scenic Area'') for 
     the purposes of--
       (1) limiting exchanges of land involving National Forest 
     System land included in the Scenic Area; and
       (2) managing the National Forest System land included in 
     the Scenic Area as provided in the land and resource 
     management plan for the Coconino National Forest.
       (b) Boundaries.--The Scenic Area shall consist of 
     approximately 160,000 acres of National Forest System land in 
     the Coconino National Forest, as generally depicted on the 
     map entitled ``Sedona-Red Rocks National Scenic Area'' and 
     dated June 7, 2010. The Scenic Area shall not include any 
     land located outside the boundaries of the Coconino National 
     Forest.
       (c) Map and Boundary Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary of 
     Agriculture shall file a map and boundary description of the 
     Scenic Area with the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate. The map and boundary 
     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 the map and description. 
     The map and boundary description shall be on file and 
     available for public inspection in the Office of the Chief of 
     the Forest Service.
       (d) Administration.--The Secretary of Agriculture shall 
     administer the Scenic Area in accordance with this Act, the 
     land and resource management plan for the Coconino National 
     Forest (including any subsequent amendment or revision of the 
     plan), and the laws and regulations generally applicable to 
     the National Forest System. In the event of conflict between 
     this Act and such other laws and regulations, this Act shall 
     take precedence.
       (e) Restriction on Scenic Area Land Exchanges.--With regard 
     to acquisitions of land for public purposes, land exchanges 
     that dispose of National Forest System land included in the 
     Scenic Area may occur only if--
       (1) the exchange results in the acquisition of land within 
     the boundaries of the Scenic Area from a willing seller for 
     inclusion in the Scenic Area;
       (2) there is no net loss of National Forest System land 
     within the boundaries of the Scenic Area; and
       (3) an environmental analysis in accordance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and consistent with the applicable forest plan 
     amendment is completed before any land exchange within the 
     boundaries of the Scenic Area.
       (f) Deposit of Consideration From Certain Land Sales; 
     Use.--
       (1) Deposit of proceeds.--Moneys received by the Secretary 
     of Agriculture from the sale or exchange of land located in 
     the Coconino National Forest shall be deposited in the fund 
     established by Public Law 90-171 (commonly known as the Sisk 
     Act; 16 U.S.C. 484a).
       (2) Use of funds.--Notwithstanding the limitations on the 
     use of moneys deposited in the fund established by Public Law 
     90-171, moneys deposited under paragraph (1) shall be 
     available for use by the Secretary of Agriculture, without 
     further appropriation and until expended, for the acquisition 
     of land or interests in land within the National Forest 
     System in Arizona.
       (g) No Effect on Surrounding Land, Roads, or Easements.--
     The establishment of the Scenic Area does not affect--
       (1) the maintenance or use of public, private, or Forest 
     Service roads within the Scenic Area;
       (2) the legal status, maintenance, or use of rights-of-way 
     and utility easements within the Scenic Area;
       (3) the management of State, municipal, or private land 
     located in the vicinity of or within the boundaries of the 
     Scenic Area;
       (4) the management of National Forest System land that is 
     not included in the Scenic Area; or
       (5) the construction or siting of transportation projects 
     or water projects (and associated facilities) within the 
     Scenic Area or in areas outside the Scenic Area.
       (h) No Cause of Action.--Nothing in this Act creates a 
     private cause of action in any Federal, state or tribal 
     court.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the Virgin Islands (Mrs. Christensen) and the gentleman from Washington 
(Mr. Hastings) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the Virgin Islands.


                             General Leave

  Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and to include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the Virgin Islands?
  There was no objection.
  Mrs. CHRISTENSEN. I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4823, introduced by Congresswoman Ann Kirkpatrick, 
would authorize the establishment of the Sedona-Red Rock National 
Scenic Area in the Coconino National Forest in northern Arizona.
  This legislation would protect approximately 160,000 acres by 
restricting land exchanges within the scenic area and by managing the 
land within the scenic area for conservation purposes. The bill 
specifically provides that the establishment of the national scenic 
area shall not impact surrounding land, roads or easements nor will it 
impact utility easements, the management of State, municipal or private 
land or the management of surrounding national forest land.
  Mr. Speaker, 4823 is a good bill. Representative Kirkpatrick has 
worked diligently with residents, officials, and business owners to 
craft this legislation, making it widely popular in the community of 
Sedona.
  I urge Members to support H.R. 4823.
  I reserve the balance of my time.

                              {time}  1450

  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I have concerns about how this ``National Scenic Area'' 
designation will affect the safety, welfare, and economic livelihoods 
of those who live and work within this 160,000-acre proposal.
  Mr. Speaker, there is no underlying act for national scenic areas, as 
is the case for wilderness proposals and wild and scenic river 
designations. Instead, unless guidelines are set limiting how 
restrictive the designation will be, a National Scenic Area designation 
is accompanied by only hope and uncertainty.
  H.R. 4823 is silent on everything but the fact that land exchanges 
are prohibited. This sort of vague and open-ended delegation of 
authority is an invitation to litigation and bureaucratic overreach. So 
for that reason, Mr. Speaker, I cannot support this legislation in its 
current form.
  I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield such time as she may consume 
to the gentlewoman from Arizona, Representative Kirkpatrick.

[[Page H6825]]

  Mrs. KIRKPATRICK of Arizona. Mr. Speaker, I rise in support of my 
legislation, H.R. 4823, the Sedona Red Rocks National Scenic Area Act.
  I have often said that the congressional district I am fortunate to 
represent is the most beautiful in the country. The iconic red rocks 
that surround the Sedona community and extend into the Verde Valley are 
indeed a national treasure that is unparalleled. Millions of visitors 
come from across the Nation and around the globe each year to see the 
red rocks.
  The communities throughout Red Rock Country in Arizona have, for 
years, discussed the long-term protection of the amazing national 
resource that surrounds the area. A nonpartisan community coalition 
came together to advocate for protection of the red rocks through a 
National Scenic Area, as designated by Congress.
  Preserving the natural beauty of the red rocks will ensure that our 
great-grandchildren will be able to enjoy this unique site just as we 
do. Just as important, it will attract new visitors and more business 
to the surrounding communities, getting folks to work during this 
economic downturn. This bill is necessary to secure these tremendous 
benefits.
  Last year, I circulated draft legislation to local stakeholders, to 
supporters, and to those with concerns. The Forest Service, the city 
government, the local Chamber of Commerce, the coalition, Realtors, 
small business owners, and concerned citizens provided valuable 
comments and edits to the text of this proposed bill. Through the House 
Natural Resources Committee, the bill has been further amended by both 
Republicans and Democrats and was reported from committee without 
objection.
  Good ideas and good policy come from the people, and this bill is the 
culmination of much debate and feedback in the communities it will 
affect. Thanks to the involvement of so many people with so many 
different perspectives, we have put together legislation that will work 
better for the Sedona area now and in the future. It is the first step 
forward in moving towards meaningful, long-term protection of the area 
and towards economic development for the region.
  Once again, Mr. Speaker, this is a low-cost jobs project. There is no 
cost to this. It is a project that I have been looking for that creates 
jobs that requires Federal action, not Federal spending.
  It's appalling, but not surprising, that my esteemed colleagues on 
the other side of the aisle oppose a low-cost jobs project. They 
clearly do not understand what's happening to the American people who 
do not have a job. And when you do not have a job right now, nothing 
else matters. And it is unbelievable to me that, again, partisan 
bickering in Washington--not in Sedona--is going to stop a job creation 
bill.
  It's time that Washington started listening to the American people. 
The people in Sedona are able to put aside partisan bickering and come 
together for the good of the community and to create jobs, and 
Washington cannot do the same? Believe me, I will let the folks back 
home know who rose in opposition, who let partisan bickering drown out 
their voices and drown out their common sense.
  I have always said it is the American people that are going to turn 
this country around, not Washington, and this is exactly why. This is 
exactly why: Partisan bickering that gridlocks Washington.
  Shame on you.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Apparently the gentlelady from Arizona wasn't listening to what I 
said in my opening remarks as to what concerns I had with this bill. I 
wish that she had yielded to me because I could have asked a question 
and maybe she could have enlightened me. But my understanding is there 
is absolutely nothing in Federal law that designates or describes what 
a scenic area is. Unlike a wilderness area, unlike a wild and scenic 
river, nothing describes what a scenic area is. I said in my opening 
remarks that the reason I oppose this is simply because the vagueness 
of this opens up potential litigation that will likely affect those 
surrounding this area. That's what my concern is. I would be willing to 
work with anybody to try to resolve these issues, but to suggest that 
my opposition to this is because I am opposed to jobs, it simply misses 
the point. The gentlelady was simply not listening to what I was 
saying.
  Now, I do have a concern when there are Federal dollars that are 
spent, but there are no Federal dollars on this; it's simply that we 
don't have what a designation is. In fact, one could say, Mr. Speaker, 
if one were thinking in a mischievous way, that the only job creation 
that legislation like this would create, if it were passed, would be 
for the trial bar because they could sue over something that is not 
described in statute. Who wins by that? I don't think the private 
property owners around this area would win by that.
  So I'm disappointed that she would use the tone of argument against 
our opposition as not trying to work together. There is just simply no 
designation for ``scenic'' in Federal statute. Don't you think we ought 
to have some designation before we designate something ``scenic''?
  Mr. Speaker, I yield back the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, it's been clear from listening to my 
colleague Mrs. Kirkpatrick that not only she, but the community, 
recognizes that this bill is good for business and good for jobs. 
People come from all over the world to enjoy the unique red rock 
landscape and the world-class recreational opportunities this place 
offers.
  This bill helps conserve that landscape that the community relies on 
for tourism. In fact, there were several amendments offered by the 
other side of the aisle at markup, and all of the amendments offered by 
the minority were accepted and they addressed their concerns then. In 
markup, Mr. Flake also added to this clause a section that provided 
that the construction or siting of transportation projects or water 
projects within the scenic area or outside the scenic area would not be 
impacted.
  This is a good bill which the people of Mrs. Kirkpatrick's district 
strongly support. The community has diligently worked together to help 
get this bill here today, and I urge my colleagues to support it.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the Virgin Islands (Mrs. Christensen) that the House 
suspend the rules and pass the bill, H.R. 4823, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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