[Senate Report 110-173]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 371
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-173

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



 
                    WALNUT CANYON STUDY ACT OF 2007

                                _______
                                

               September 17, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 722]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 722) to direct the Secretary of the 
Interior and the Secretary of Agriculture to jointly conduct a 
study of certain land adjacent to the Walnut Canyon National 
Monument in the State of Arizona, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Walnut Canyon Study Act of 2007''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Map.--The term ``map'' means the map entitled ``Walnut 
        Canyon Proposed Study Area'' and dated July 17, 2007.
          (2) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture, 
        acting jointly.
          (3) Study area.--The term ``study area'' means the area 
        identified on the map as the ``Walnut Canyon Proposed Study 
        Area''.

SEC. 3. STUDY.

  (a) In General.--The Secretaries shall conduct a study of the study 
area to assess--
          (1) the suitability and feasibility of designating all or 
        part of the study area as an addition to Walnut Canyon National 
        Monument, in accordance with section 8(c) of Public Law 91-383 
        (16 U.S.C. 1a-5(c));
          (2) continued management of the study area by the Forest 
        Service; or
          (3) any other designation or management option that would 
        provide for--
                  (A) protection of resources within the study area; 
                and
                  (B) continued access to, and use of, the study area 
                by the public.
  (b) Consultation.--The Secretaries shall provide for public comment 
in the preparation of the study, including consultation with 
appropriate Federal, State, and local governmental entities.
  (c) Report.--Not later than 18 months after the date on which funds 
are made available to carry out this Act, the Secretaries shall submit 
to the Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives a report 
that describes--
          (1) the results of the study; and
          (2) any recommendations of the Secretaries.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this Act.

                                PURPOSE

    The purpose of S. 722, as ordered reported, is to direct 
the Secretary of the Interior and the Secretary of Agriculture 
to jointly conduct a study of approximately 31,000 acres of 
land adjacent to Walnut Canyon National Monument in northern 
Arizona to evaluate a range of future management options.

                          BACKGROUND AND NEED

    Walnut Canyon National Monument was established on November 
30, 1915, by Presidential Proclamation to preserve the 
prehistoric ruins of ancient cliff dwellings in northern 
Arizona. The monument was expanded in 1938 and 1996 and now 
encompasses approximately 3,600 acres. The purposes for which 
the national monument was originally established have been 
expanded to include protection of natural and cultural 
resources that are known to be significant to contemporary 
native tribes and the ecological communities and geological 
resources that make the canyon an outstanding scenic resource. 
The archeological and prehistoric resources preserved in the 
national monument are nearly pristine, and provide not only 
scientific opportunities but also challenges for preservation. 
The national monument and the adjacent Coconino National Forest 
also provide for important habitat and open space around 
Flagstaff.
    For several years, local communities adjacent to the 
national monument have debated how the land surrounding the 
monument would be best protected from future development. The 
Coconino County Board of Supervisors and the Flagstaff City 
Council have passed resolutions concluding that a Federal study 
is the preferred method to determine the appropriate management 
of land surrounding the monument.
    The National Park Service released a Draft General 
Management Plan for Walnut Canyon National Monument for public 
comment in 2003. Many of the issues identified for resolution 
in S. 722 were also identified in the Draft GMP. The plan is 
being revised to address comments about boundary issues, and is 
expected to be completed later this year.
    The Forest Service has developed a Land Resource Management 
Plan for the Coconino National Forest, amended in early 2003, 
that closed the study area to motorized access and removed the 
land encircling the Monument from consideration for sale or 
exchange.
    As ordered reported, S. 722 will authorize National Park 
Service and the Forest Service to jointly study the National 
Forest lands adjacent to the monument and to submit the study 
results and agency recommendations to the Congressional 
committees within 18 months after the date of enactment.

                          LEGISLATIVE HISTORY

    S. 722 was introduced by Senators McCain and Kyl on March 
1, 2007. The Subcommittee on National Parks held a hearing on 
S. 722 on April 26, 2007 (S. Hrg. 110-88).
    Similar legislation was considered by the Committee during 
the 109th Congress, S. 556, also sponsored by Senators McCain 
and Kyl. The Subcommittee on National Parks held a hearing on 
S. 556 on June 28, 2005 (S. Hrg. 109-101).
    At its business meeting on July 25, 2007, the Committee on 
Energy and Natural Resources ordered S. 722 favorably reported, 
with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 722, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 722, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
provides for a study to be conducted jointly by the National 
Park Service and the Forest Service in accordance with the 
standard study authorities for both agencies. The amendment is 
explained in detail in the section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Walnut Canyon 
Study Act of 2007.''
    Section 2 defines key terms used in the bill.
    Section 3(a) requires the Secretary of the Interior and the 
Secretary of Agriculture to jointly conduct a study of the area 
identified on the referenced map to assess the suitability and 
feasibility of designating all or part of the study area as an 
addition to Walnut Canyon National Monument; to assess 
continued management of the study area by the Forest Service; 
or any other designation or management option that would 
provide for protection of resources within the study area and 
continued public use and access.
    Subsection (b) requires the Secretaries to provide for 
public comment in the preparation of the study, including 
consultation with appropriate Federal, State, and local 
governmental entities.
    Subsection (c) requires the Secretaries to issue a report 
to the congressional committees within 18 months after the date 
of enactment, describing the results of the study and any 
agency recommendations.
    Subsection (d) authorizes the appropriation of such sums as 
are necessary to carry out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                                    August 7, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 722, the Walnut 
Canyon Study Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Tyler 
Kruzich.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 722--Walnut Canyon Study Act of 2007

    S. 722 would direct the Department of Interior (DOI) and 
the U.S. Department of Agriculture (USDA) to conduct a joint 
study to determine the suitability and feasibility of 
designating certain land as an addition to Walnut Canyon 
National Monument or another land management option that would 
protect resources and public access to such land. Based on 
information from DOI and USDA, CBO estimates that implementing 
S. 722 would cost less than $500,000, subject to the 
availability of appropriated funds. Enacting the legislation 
would not affect direct spending or revenues.
    S. 722 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Tyler Kruzich 
and David Reynolds. The estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 722. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 722, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 26, 2007 Subcommittee hearing on S. 722 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today to present the 
Administration's views on S. 722, a bill to direct the 
Secretary of the Interior and the Secretary of Agriculture to 
jointly conduct a study of certain lands adjacent to the Walnut 
Canyon National Monument in the State of Arizona.
    The Administration does not object to the enactment of S. 
722. In testimony before this subcommittee in the 109th 
Congress, the Administration also did not object to the 
enactment of S. 556, an almost identical bill. However, the 
Administration believes that funding should be directed first 
toward completing and implementing ongoing studies.
    S. 722 would direct the Secretary of the Interior and the 
Secretary of Agriculture to conduct a study of approximately 
31,000 acres surrounding Walnut Canyon National Monument 
(monument). The bill would direct the Secretaries to utilize a 
third-party consultant to prepare a draft study and designate a 
lead agency to conduct the study. The study would evaluate a 
range of options to manage Federal and State lands adjacent to 
the monument in the long term in order to protect the resources 
and maintain public use and access to this area of Arizona, as 
well as respect the rights of private property owners that are 
within the study area.
    S. 722 would direct the Secretaries, as well as local land 
managers, the Flagstaff City Council and the Coconino County 
Board of Supervisors to review and provide the third-party 
consultant with comments on the draft study. The bill also 
requires a report that includes findings, conclusions, and 
recommendations for future management of the study area to be 
transmitted by the Secretaries to Congress no later than 18 
months after appropriations are made available. The bill would 
authorize $350,000 to carry out S. 722.
    Walnut Canyon National Monument was established on November 
30, 1915, by Presidential Proclamation with the specific 
purpose of preserving the prehistoric ruins of ancient cliff 
dwellings. The monument was expanded in 1938 and 1996 and now 
occupies approximately 3,600 acres. The purposes for which the 
area was originally established have expanded to include 
protection of natural and cultural resources that are known to 
be significant to contemporary native tribes and the ecological 
communities and geological resources that make the canyon an 
outstanding scenic resource. The monument and the surrounding 
lands of the Coconino National Forest provide a significant 
natural sanctuary and greenbelt surrounding the city of 
Flagstaff.
    During the last few years, the National Park Service has 
been completing a General Management Plan (GMP) for Walnut 
Canyon National Monument. The final version of the GMP will be 
released for 30 day public review later this year. Many of the 
issues identified for resolution in S. 722 are also identified 
as needs in the GMP including addressing the history of this 
boundary issue and the planning efforts that area governments 
have been making that would affect the quality and values of 
the monument.
    For several years, local communities adjacent to the 
monument have debated how the land surrounding the monument 
would be best protected from future development. A number of 
years ago, the Coconino County Board of Supervisors and the 
Flagstaff City Council passed resolutions concluding that the 
preferred method to determine what is best for the land 
surrounding the monument is by having a federal study 
conducted. Included within the lands to be studied that 
surround the monument are approximately 2,000 acres of State 
trust lands. Our understanding is that Arizona law prohibits 
State lands to be donated and that the Arizona Supreme Court 
has determined that the Arizona Constitution prohibits the 
disposal of certain State land except through auction to the 
highest and best bidder. Should the study's conclusions involve 
these types of actions concerning State lands, we would have to 
await a determination on how the citizens of Arizona and their 
representatives would recommend proceeding.
    We understand the concern that National Forest System (NFS) 
lands between the Monument and the City of Flagstaff might 
eventually be sold or exchanged originally prompted local 
support for this proposed study. The proposed study area is 
within two miles of the campus of Northern Arizona University 
and is a prime recreation area for students, as well as for 
Flagstaff area residents. In fact, the area is the second most-
used area for recreation in the greater Flagstaff area, behind 
only the San Francisco Peaks.
    In 2003, the Coconino National Forest amended its Land and 
Resource Management Plan, resulting in a decision to provide 
for closure of the area to motorized access and to remove the 
land encircling the Monument from consideration for sale or 
exchange. The Flagstaff-area Regional Land Use and 
Transportation Plan (RLUTP), approved by the Flagstaff City 
Council and the Coconino County Board of Supervisors in 2002, 
limits growth and does not allow for development within the 
study area. RLUTP specifically precludes two key sections of 
Arizona State Trust land between Flagstaff and the Monument as 
suitable for development. Those lands are identified in the 
plan for open space and greenways.
    Mr. Chairman, I would like to note that since this bill was 
first introduced, a great deal of cooperative planning work has 
been accomplished by the National Park Service, U.S. Forest 
Service, State of Arizona, Coconino County, and the City of 
Flagstaff to achieve the bill's objectives.
    If the Committee moves forward with S. 722, Section 4 may 
need to be amended to specify that the draft study be available 
for public comment. Additionally, section 4(e)(2) should also 
be revised to require the Secretaries to ``submit to Congress a 
report that includes recommendations, if any, for the future 
management of'' certain lands adjacent to the Walnut Canyon 
National Monument in the State of Arizona, consistent with the 
Recommendations Clause of the Constitution. We will be happy to 
work with the Committee on the suggested amendments.
    Mr. Chairman, that completes my prepared remarks. I would 
be happy to answer any questions that you or other members of 
the subcommittee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 722, as ordered 
reported.

                                  
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