[House Report 111-599]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-599

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



 
            SEDONA-RED ROCK NATIONAL SCENIC AREA ACT OF 2010

                                _______
                                

 September 16, 2010.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4823]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 4823) to establish the Sedona-Red Rock National 
Scenic Area in the Coconino National Forest, Arizona, and for 
other purposes, 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. 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4823 is to authorize the establishment 
of the Sedona-Red Rock National Scenic Area in the Coconino 
National Forest in Arizona.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Red Rock Country of Sedona is located within the 
Coconino National Forest (Forest) in northern Arizona. It is 
made up of a stunning array of red sandstone formations that 
appear to glow in brilliant reds and oranges when illuminated 
at sunrise and sunset. These Red Rocks form a breathtaking 
backdrop to the town of Sedona, which has helped to turn this 
once-small ranching town into a popular and booming tourist 
destination known for world-class hiking, mountain biking and 
motorized off-road vehicle recreation.
    While tourism has become the driving economic force in the 
area, it has brought with it increased pressures on the health 
of the Forest, and on the preservation of the famous Red Rock 
views. A dramatic increase in visitors to the Forest has 
resulted in the degradation of trails, watersheds and pristine 
areas, while rapid development on the Forest's edge threatens 
the scenic vistas of the Red Rocks.
    H.R. 4823 would protect approximately 160,000 acres of Red 
Rock Country, within and surrounding Sedona, by designating it 
a National Scenic Area. It would establish, in the Forest, the 
``Sedona-Red Rock National Scenic Area'' (NSA) for the purposes 
of: (1) restricting land exchanges involving the National 
Forest land within the Scenic Area; and (2) managing the NSA as 
provided in the land and resource management plan for the 
Forest (for conservation purposes).
    The bill includes a description of the boundary providing 
that the NSA will consist only of National Forest land. 
Further, it directs that land exchanges that dispose of 
National Forest land within the NSA may occur only if the 
exchange results in: (1) the acquisition of land, within the 
boundaries of the NSA, from a willing seller, for inclusion in 
the NSA, and (2) no net loss of National Forest land within the 
boundaries of the NSA. It also requires that an environmental 
analysis be completed before any such exchange.
    H.R. 4823 specifically provides that the establishment of 
the NSA 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.

                            COMMITTEE ACTION

    H.R. 4823 was introduced by Representative Ann Kirkpatrick 
(D-AZ) on March 11, 2010. The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. At a 
June 10, 2010, hearing before the Subcommittee, a 
representative from the Forest Service testified in support of 
the bill with minor technical changes.
    On July 22, 2010, the Subcommittee was discharged from 
further consideration of H.R. 4823 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Raul Grijalva (D-AZ) offered an amendment in the 
nature of a substitute that references a new map, updated on 
June 7, 2010. The amendment in the nature of a substitute also 
provides for the NSA to be managed in accordance with the land 
and resource management plan of the Coconino National Forest, 
as well as any future amendments or revisions to the plan. 
Finally, the amendment in the nature of a substitute provides 
that any land exchanges authorized under this bill must be done 
in accordance with the National Environmental Policy Act, and 
consistent with the Coconino National Forest Plan.
    Subcommittee Ranking Member Rob Bishop (R-UT) offered an 
amendment to the amendment in the nature of a substitute to 
provide that nothing in the Act will create a private cause of 
action. The amendment was agreed to by voice vote. The 
Committee notes that the amendment does not limit the ability 
to file litigation regarding management of the NSA pursuant to 
any other statute.
    Rep. Bishop then offered a further amendment to the 
amendment in the nature of a substitute on behalf of Rep. Jeff 
Flake (R-AZ), to provide that nothing in this Act will impact 
the construction of transportation projects around and within 
the NSA. The amendment was agreed to by voice vote.
    The amendment in the nature of a substitute, as amended, 
was then agreed to by voice vote. The bill, as amended, was 
then ordered favorably reported to the House of Representatives 
by voice vote.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article IV, section 3 of the Constitution of the United 
States grants 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. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    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, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to establish 
the Sedona-Red Rocks National Scenic Area in the Coconino 
National Forest in northern Arizona.
    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 received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 4823--Sedona-Red Rock National Scenic Area Act of 2010

    H.R. 4823 would designate 160,000 acres of land near 
Sedona, Arizona as a National Scenic Area. Under the bill, the 
Forest Service could only exchange federal land within the 
scenic area for nonfederal land that is also located within the 
scenic area. Based on information from the Forest Service, CBO 
estimates that implementing the legislation would have no 
significant impact on the federal budget. Enacting the 
legislation would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    Under current law, the Forest Service already restricts 
land exchanges within the proposed scenic area in accordance 
with the Coconino National Forest Plan. Based on information 
from the Forest Service, CBO expects that, under current law, 
no land exchanges would occur on those lands over the next 10 
years. Thus, CBO estimates that implementing the legislation 
would not affect direct spending. CBO also estimates that any 
additional costs associated with managing the scenic area would 
be negligible.
    H.R. 4823 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 contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 4823 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

                        CHANGES IN EXISTING LAW

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

                                  
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