[House Report 106-934]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-934

======================================================================



 
 ESTABLISHING THE LAS CIENEGAS NATIONAL CONSERVATION AREA IN THE STATE 
                               OF ARIZONA

                                _______
                                

October 4, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2941]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2941) to establish the Las Cienegas National Conservation 
Area in the State of Arizona, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. ESTABLISHMENT OF THE SONOITA VALLEY CONSERVATION PLANNING 
                    DISTRICT.

  (a) In General.--In order to promote cooperation, conservation, and 
scientific research within the Sonoita Valley region of the State of 
Arizona, there is hereby established the Sonoita Valley Conservation 
Planning District.
  (b) Areas Included.--The Conservation Planning District shall consist 
of approximately 136,900 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 Conservation Planning District and 
Las Cienegas National Conservation Area'' and dated September 11, 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 Conservation 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 
legaldescription 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. 2. MANAGEMENT OF THE CONSERVATION PLANNING DISTRICT.

  (a) In General.--The Secretary, through the Bureau of Land 
Management, shall administer the public lands within the Conservation 
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.) and subject to valid existing rights. The Secretary shall allow 
such uses of the public lands as the Secretary determines will further 
the purposes described in section 1(a) for which the Conservation 
Planning District was established.
  (b) 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 Conservation Planning 
District.
  (c) Protection of State and Private Lands and Interests.--Nothing in 
this Act shall be construed as affecting any property rights of 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 Conservation Planning District.
  (d) 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 Conservation Planning District.
  (e) Coordinated Management.--The Secretary shall coordinate the 
management of the public lands within the Conservation Planning 
District with that of surrounding county, State, and private lands 
consistent with the provisions of subsection (c).
  (f) Advisory Council.--
          (1) Establishment.--Not later than 2 years after the date of 
        the enactment of this Act, the Secretary shall establish a 
        Sonoita Valley Conservation Planning District Advisory Council 
        to advise the Secretary with respect to management of the 
        public lands described in sections 1(b) and 3(b). The Advisory 
        Council shall conform to the requirements of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and 
        the Federal Advisory Committee Act (88 Stat. 770; 5 U.S.C. App. 
        1).
          (2) Representation.--The Advisory Council shall consist of 11 
        members to be appointed by the Secretary, including, to the 
        extent practicable--
                  (A) 2 members appointed from nominees submitted by 
                permitees holding grazing allotments within the 
                Conservation Planning District;
                  (B) 2 members interested in natural resource 
                conservation;
                  (C) 2 members interested in recreational activities;
                  (D) 2 members representing community group interests;
                  (E) 1 member representing general local and regional 
                interests;
                  (F) 1 member appointed from nominees submitted by the 
                Pima County Board of Supervisors; and
                  (G) 1 member appointed from nominees submitted by the 
                Santa Cruz County Board of Supervisors.
          (3) Termination.--Notwithstanding section 14(a) of the 
        Federal Advisory Committee Act, the Advisory Council shall 
        terminate 10 years after the date of the enactment of this Act.

SEC. 3. 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 Conservation Planning District and Las Cienegas 
National Conservation Area'' and dated September 11, 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 legaldescription 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. 4. 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 3(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 
3(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 5, 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 5, 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 underthe mining laws, and 
from operation of the mineral leasing and geothermal leasing laws and 
all amendments thereto.

SEC. 5. 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 coordination with the management of the 
Conservation Planning District, in order to fulfill the purposes for 
which they are established, as set forth in sections 3(a) and 1(a), 
respectively. 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, and with the recommendations 
        and advice of the Advisory Council;
          (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 sections 1(a) and 3(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 livestock 
        uses of the lands included in 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 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. 6. 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 Conservation 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 
        Conservation Planning District only with the consent of the 
        county through donation, exchange, or purchase.
          (4) State lands.--The Secretary is authorized to acquire 
        lands or interest in lands owned by the State of Arizona 
        located within the boundaries of the Conservation Planning 
        District only with the consent of the State by donation, 
        exchange, purchase, or eminent domain.
                  (A) Consideration.--As consideration for the 
                acquisitions by the United States of lands or interest 
                in such lands under this subsection, 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.
                  (B) 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 subsection.
  (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. 7. 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 with recommendations on the most effective measures 
to protect the lands 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 3(a).

SEC. 8. DEFINITIONS.

  For the purposes of this Act, the following definitions apply:
          (1) Advisory council.--The term ``Advisory Council'' means 
        the Sonoita Valley Conservation Planning District Advisory 
        Council established pursuant to section 2(f).
          (2) Conservation area.--The term ``Conservation Area'' means 
        the Las Cienegas National Conservation Area established by 
        section 3(a).
          (3) Conservation planning district.--The term ``Conservation 
        Planning District'' means the Sonoita Valley Conservation 
        Planning District established by section 1(a).
          (4) Management plan.--The term ``management plan'' means the 
        management plan for the Conservation Area.
          (5) 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.
          (6) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2941 is to establish the Las Cienegas 
National Conservation Area in the State of Arizona.

                  BACKGROUND AND NEED FOR LEGISLATION

    The establishment of the Sonoita Valley Conservation 
Planning District will promote cooperation, conservation, and 
scientific research within the Sonoita Valley region of the 
State of Arizona. The area shall consist of approximately 
136,900 acres of land in the Arizona counties of Pima and Santa 
Cruz. An area within the Conservation Planning District is to 
be designated as the Las Cienegas National Conservation Area. 
This area, consisting of nearly 42,000 acres of federal public 
lands, 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 
while allowing livestock grazing and recreation to continue.
    In 1995, the Sonoita Valley Planning Partnership (SVPP) was 
formed to work on public lands issues in the Empire-Cienega 
Resources Conservation Area, which the Bureau of Land 
Management established in 1988. The SVPP 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, state, 
and county government entities. The SVPP has developed a 
collaborative management plan for these lands, and this 
National Conservation Area designation gives this plan's 
objectives permanence.
    H.R. 2941 assures that designation of the National 
Conservation Area will not lead to the creation of protective 
perimeters or buffer zones and also assures that any activity 
or use on lands outside the conservation area not precluded as 
a result of the conservation area designation if that activity 
or use is consistent with other applicable law. The 
establishment of this Conservation Planning District and 
National Conservation Area will not affect any property rights 
of any lands or interest in lands held by the State of Arizona, 
any political subdivision of the State of Arizona, or any 
private land owner. In addition, reasonable access to non-
federally owned lands or interest in lands within the 
Conservation Area must be provided. The establishment of the 
National Conservation Area also must allow multiple uses, such 
as grazing, motorized vehicles, military overflights, and 
hunting.
    H.R. 2941 directs the Secretary of the Interior to develop 
a comprehensive management plan and have it completed within 
two years of the date of enactment. The bill also establishes 
an advisory committee representing a broad array of interests 
for the Conservation Planning District. In addition, H.R. 2941 
specifies that State, county, and privately-held lands or 
interest in lands within the boundaries of the Conservation 
Planning District may be acquired as part of the National 
Conservation Area only if the land is donated, exchanged, 
purchased, or for State lands by eminent domain from a willing 
seller. The bill also directs the Secretary to give priority to 
conservation easements when acquiring these lands.
    The intent of H.R. 2941 is for grazing to be a compatible 
use of the lands within the National Conservation Area. The 
Committee does not contemplate that the establishment of the 
National Conservation Area will adversely impact grazing, and 
in fact, this National Conservation Area is established with 
the understanding that grazing will be one of the tools used to 
properly manage the lands.
    The intent of H.R. 2941 is that the practice of granting 
temporary rights of way for maintenance activities and 
permanent rights of way for natural gas pipeline looping 
activities immediately adjacent to existing rights of way, as 
well as the procedures and processes by which such temporary 
and permanent rights of way are applied for and granted, will 
neither be prevented nor hindered in the Las Cienegas National 
Conservation Area.

                            COMMITTEE ACTION

    H.R. 2941 was introduced on September 24, 1999, by 
Congressman Jim Kolbe (R-AZ). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On March 16, 
2000, the National Parks and Public Lands Subcommittee held a 
hearing on the bill. On September 20, 2000, the Resources 
Committee met to consider the bill. The Subcommittee on 
National Parks and Public Lands was discharged from further 
consideration of the bill by unanimous consent. An amendment in 
the nature of a substitute was offered by Congressman Jim 
Hansen (R-UT). The amendment modified the concept of the bill 
by creating the Conservation Planning District for lands south 
of Interstate 10 and requiring a study to determine the most 
effective measures to protect the lands north of the Interstate 
within the Rincon Valley, Colossal Cave area, and Agua Verde 
Creek corridor to provide an ecological link to Saguaro 
National Park and the Rincon Mountains. The amendment also 
created an advisory committee and removed the provision dealing 
with water rights. The Hansen amendment was adopted by 
unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    The functions of the proposed advisory committee authorized 
in this bill are not currently being nor could they be 
performed by one or more agencies, an advisory committee 
already in existence or by enlarging the mandate of an existing 
advisory committee.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. The Committee believes that 
implementation of the bill would have little effect on the 
federal budget and that the costs incurred would be minimal.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee believes that this bill does not contain any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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