[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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