[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Extensions of Remarks]
[Pages 3887-3889]
[From the U.S. Government Publishing Office, www.gpo.gov]




         AGUA FRIA NATIONAL MONUMENT TECHNICAL CORRECTIONS ACT

                                 ______
                                 

                             HON. BOB STUMP

                               of arizona

                    in the house of representatives

                       Wednesday, March 20, 2002

  Mr. STUMP. Mr. Speaker, on January 11, 2000, President Clinton stood 
in front of a backdrop of the Grand Canyon and proclaimed two national 
monuments in Arizona using the Antiquities Act of 1906. One of the 
monuments created by President Clinton was the Agua Fria National 
Monument.
  There is no doubt that the Agua Fria National Monument has values 
that need to be protected from encroachment. The Monument spans 71,000 
acres and contains two mesas, the Perry Mesa and the Black Mesa. The 
Monument boasts one of the most significant systems of prehistoric 
sites in the American Southwest. Yet, the area is located within 
fifteen miles of the northern-most reaches of the Phoenix Valley. The 
tremendous growth of Arizona over the past decade has placed additional 
pressures on this region. With Cordes Junction to the north, and Black 
Canyon City to the south, the threat of encroachment is growing.
  Mr. Speaker, since the proclamation of the Agua Fria National 
Monument, we have seen a tremendous increase in visitorship, as well as 
abuse of the lands contained in the Monument. However, nothing in the 
proclamation ensures the long-term protection of the resources we 
value. In fact, the Bureau of Land Management (BLM) reported that 
illegal artifact excavation occurred just days after President Clinton 
issued the proclamation.
  Mr. Speaker, today I rise to introduce legislation, the Agua Fria 
National Monument Technical Corrections Act, to address the management 
of the Agua Fria National Monument. My intent in introducing this 
legislation is to ensure that Congress, the State of Arizona and the 
people of Arizona have a say in how these areas are managed and 
protected. Specifically, this legislation:
  1. Codifies commitments made by the previous Administration that were 
not explicitly stated in the proclamation;
  2. Provides the President with an opportunity to increase the size of 
the monument to 88,000 acres, and adjusts the boundary of the Monument 
to facilitate long-term resource management by the BLM and adjacent 
land owners;
  3. Ensures that all interested parties have a voice in planning;
  4. Protects the interests of the State of Arizona in managing 
wildlife, water and transportation;
  5. Ensures that the Monument remains accessible;
  6. Recognizes the educational potential of the Monument; and
  7. Provides the BLM with a flexible management framework that will 
allow protection of the resources of the Monument.
  Mr. Speaker, I have a long history in working to resolve resource 
management issues in the area containing the Agua Fria National 
Monument. Working with then-Arizona Governor Bruce Babbitt and State 
BLM Director Dean Bibles in the early and mid-1980's, we were able to 
eliminate the checkerboard land ownership pattern in the area. A few 
years later, I supported the Area of Critical Environmental Concern, or 
ACEC, designation of much of the area, as well as the establishment of 
the Perry Mesa National Register Archaeological District.
  The BLM has historically done an excellent job of working with their 
constituents in managing this area. When the Agua Fria National 
Monument was created by proclamation, however, past collaborative 
management of the land and the history and tradition of these areas was 
ignored. In fact, a committee established by former Secretary Babbitt 
went as far as to discuss the construction of gondolas in the Monument.
  Mr. Speaker, this legislation requires the BLM to review the Interim 
Management Policy, dated October 1, 2001, and to develop a 
comprehensive management plan for the long-range management of the Agua 
Fria National Monument. My goal is to ensure that the Interim 
Management Policy recognizes valid existing uses of the Monument, and 
that it is consistent with current laws and regulations.

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  With the increase in visitorship since the creation of the Monument, 
it has become clear that a new management plan that reflects the 
resources and values of the Monument is needed. The legislation I am 
introducing today requires that the BLM create a long-term management 
plan for the Monument within two years of enactment. While this is an 
aggressive schedule, I believe that it is essential if we are to 
address the immediacy of the threats perceived by the previous 
Administration.
  To assist in this endeavor, the legislation creates an advisory 
committee to ensure that local community leaders, state 
representatives, conservationists, Native Americans, as well as 
scientists, are involved in the decision-making and planning of the 
Agua Fria National Monument Management Plan. Seven BLM managed 
monuments and national conservation areas, including the Gila Box and 
San Pedro National Conservation Areas in Arizona, currently benefit 
from advisory committees. Three additional advisory committees, 
recommended by former Secretary Babbitt, are awaiting publication in 
the Federal Register, and the Grand Staircase-Escalante National 
Monument Management Plan recommends the establishment of a permanent 
advisory council. I believe that the eight positions available on the 
advisory committee represent those interests that are necessary to 
ensure that the BLM receives broad public input, participation and 
support in planning and developing management strategies for the Agua 
Fria National Monument.
  Since the creation of several monuments under the Clinton 
Administration, the issue of whether to modify the boundaries of these 
monuments has been widely discussed. This legislation moves the western 
boundary of the Agua Fria National Monument 400 feet to the east. The 
Arizona Department of Transportation has concerns that if the boundary 
is not modified, any future expansion of Interstate Highway 17, the 
main thoroughfare from central to northern Arizona, will be impossible. 
This small boundary adjustment may also make it feasible for the State 
of Arizona and the BLM to cooperatively develop and manage a new 
visitor center near the planned Sunrise Point Rest Area.
  Mr. Speaker, it is well known that there are significant 
archaeological sites adjacent to the current boundaries of the 
monument. This legislation requires the Secretary of the Interior, in 
consultation with the Secretary of Agriculture, to study the lands 
adjacent to the existing boundaries, and make a recommendation to the 
President on any boundary changes to the Agua Fria National Monument. 
The legislation authorizes the President, subject to the study, to make 
any boundary adjustment necessary to enhance the protection of the 
archaeological resources located within the Monument and adjacent lands 
or that will offer expanded opportunities for public education or 
scientific research. This language has the potential to expand the 
monument to 88,000 acres.
  This legislation recognizes that there are valid existing uses of the 
monument, including hunting, grazing and electric transmission right-
of-ways. The fact that the lands are now within the boundaries of a 
national monument should not have an effect on their management. The 
archaeological resources within the Monument have existed for 
centuries, and the creation of the Monument has not changed their 
significance to Arizona's heritage. Because all uses of the Monument 
will continue to be governed by existing laws and regulations, it is 
expected that the BLM will review all aspects of land use, including 
grazing levels, during the planning process.
  This legislation also ensures that state water rights are protected. 
In the original proclamation, an unspecified amount of water was 
reserved for the Agua Fria National Monument. In Arizona, where water 
is as precious as gold, we must ensure that a new or implied water 
reservation to the United States does not hinder management of this 
limited resource. This legislation allows the United States to reserve 
water for the Monument by following the laws of the State of Arizona.
  The Agua Fria National Monument Technical Corrections Act has been 
reviewed and is supported by archaeologists, recreation groups and 
ranchers, as well as the Governor of Arizona and state agencies, 
including the Arizona Department of Transportation, the Arizona Game 
and Fish Commission and Department and the Arizona Department of Water 
Resources.
  Mr. Speaker, I have included a letter for the record that Arizona 
Governor Jane Dee Hull sent to Secretary Gale Norton on April 6, 2001, 
outlining the State of Arizona's concerns with the monuments 
established in Arizona. The Governor expresses her concern that the 
state was not included when the decision to declare the national 
monuments was being weighed. Specifically, the Governor states, ``I am 
simply asking that boundaries and proclamation language be amended 
where necessary to protect the best interests of the citizens of this 
state.'' Mr. Speaker, I believe that this legislation addresses these 
concerns and ensures that the citizens of Arizona can use and enjoy the 
Agua Fria National Monument for years to come.
  Mr. Speaker, this legislation will protect the archaeological 
resources and enhance the educational opportunities of the Agua Fria 
National Monument. At the same time it ensures that the BLM, State of 
Arizona, Forest Service, private landowners, conservationists, 
scientists and Indian tribes work together to develop a working 
management plan for the future of the Agua Fria National Monument.
  Mr. Speaker, I urge my colleagues to support the Agua Fria National 
Monument Technical Corrections Act of 2002.

                                                Jane Dee Hull,

                                  State of Arizona, April 6, 2001.
     Hon. Gale Norton,
     Secretary of the Interior,
     Washington, DC.
       Dear Secretary Norton: Thank you very much for your letter 
     of March 28, 2001 in regard to the impact of National 
     Monument designations within the State of Arizona.
       As you know, during the past year, five new National 
     Monuments were declared in Arizona encompassing an estimated 
     two million acres of Arizona. This is an area approximately 
     equivalent in size to the combined states of Delaware and 
     Rhode Island a land mass of such notable size carries with it 
     a number of impacts, and I am grateful for the opportunity to 
     share my perspective on those impacts.
       As a preliminary matter, I would like to say that much of 
     the land that lies within the boundaries of our five new 
     National Monuments is exquisite and certainly worthy of 
     conservation. In Arizona, we are aggressive in our pursuit of 
     conservation, and we have several ongoing programs and 
     projects that allow us to set aside our most magnificent 
     scenery. Even now, we are supporting state legislation that 
     will enable Arizona to engage in land exchanges that will 
     result in the conservation of special State Trust lands.
       My fundamental concern with the five new National Monuments 
     is the inadequate selection process through which they were 
     established. As a result of planning that occurred almost 
     exclusively in Washington D.C., and not in Arizona, we have 
     monuments with boundaries that do not protect the best of the 
     terrain, do not give due consideration to wildlife 
     management, do not allow vital energy transmission to cross 
     into regions of the state, render hundreds of thousands of 
     acres of School Trust land nearly valueless, prohibit 
     essential roads, create uncertainty in the state's long-term 
     water supply, and diminish the use of thousands of acres of 
     private property.
       I believe the inadequacy of the selection process was the 
     direct result of a nearly complete failure on the part of the 
     former administration of the Department of the Interior to 
     provide meaningful opportunity for Arizona residents and 
     qualified experts to participate. To highlight the absence of 
     that participation, please note that neither I nor any member 
     of my cabinet was ever invited to a public meeting to discuss 
     the potential declaration of any monument. Moreover, three of 
     the monuments were declared with virtually no public process. 
     The only sign that an area was under consideration for 
     monument status was a visit to this state by the former 
     secretary for a short hike to which a handful or supporters 
     and select media were invited.
       Please review your records to verify his claim. It would be 
     very interesting to learn what the file has to say in regard 
     to public participation prior to each declaration in Arizona.
       Other concerns I have in regard to the monuments are site 
     specific, and I have attached for your review a list of 
     concerns my cabinet and I have compiled on each monument. You 
     will notice the same concern often arises with multiple 
     monuments. Where possible, we have also listed potential 
     solutions to the issues raised. While the solutions may not 
     be perfect, they certainly reflect more closely the will of 
     those who make their home in this state.
       Please note before you review this list that I am not 
     suggesting the repeal of any monument in Arizona, nor a 
     reduction in the size of any monument. I am simply asking 
     that boundaries and proclamation language be amended where 
     necessary to protect the best interests of the citizens of 
     this state, including the certainty of their water and 
     electricity supplies, school funding, necessary roads and 
     sound wildlife management.
       I appreciate your consideration of the following lists. If 
     you need any additional information, I would be delighted to 
     provide it.
           Sincerely,
                                                    Jane Dee Hull,
                                                         Governor.


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