[Pages S10482-S10484]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

By Mr. KYL (for himself and Mr. McCain):
S. 1560. A bill to establish the Shivwits Plateau National
Conservation Area; to the Committee on Energy and Natural Resources

SHIVWITS PLATEAU NATIONAL CONSERVATION AREA ESTABLISHMENT ACT

Mr. KYL. Mr. President, I rise today along with my colleague Senator
McCain to introduce legislation creating a national conservation area
on

[[Page S10483]]

the Shivwits Plateau/Parashant Canyon area of northwest Arizona. I am
introducing this legislation to conserve, protect, and enhance for the
benefit of present and future generations the existing landscapes,
native wildlife and vegetation as well as the prehistoric, historic,
scenic, and traditional human values of the area. This is a bill about
the future, and I think it is important that we recognize the unique
value of this land and its link to our past.
I have personally toured this area and was impressed with its vast
landscapes and scenic vistas. I came away with the conviction that the
area deserves additional protective status. The area is remote, yet it
supports a few human activities, such as ranching, hunting,
sightseeing, camping and hiking. I believe those uses can continue
without threatening the natural environment or any historic or
prehistoric artifacts that may be found in the area.
Designation of these lands as a national conservation area will serve
these goals by increasing attention to and interest in the area by both
the public and the federal government. By spotlighting this area, the
Bureau of Land Management will be compelled, and empowered, to increase
the monetary and personnel resources allocated to this area, and better
focus its management on preserving and protecting the conservation
area's unique values.
This bill also requires the BLM to develop and carry out forest-
restoration projects on both ponderosa pine and pinon-juniper forests
within the conservation area. The goal of these projects will be to
restore our forests to their pre-settlement conditions. The forest-
health crisis in our southwestern forests is acute, and efforts are
currently underway by the BLM at Mount Trumbull to address this
problem. This legislation builds on those efforts.
Designation as a national conservation area may also result in the
limiting of some future human activities like mining. There are no
current threats to the area, so existing traditional human uses can and
should be allowed to continue. In this case, protecting the environment
and continuing existing uses are not mutually exclusive. This bill
preserves both the land and the traditional lifestyle of the area.
Proposals have been made to designate this area as a national
monument. Such an action, however, would be done by presidential fiat
under the Antiquities Act--that would subvert the public process. We do
not want a repeat of the stealthy, election year political maneuver
that resulted in the creation of the Escalante/Grand Staircase National
Monument in 1996. The people of Arizona and Utah, and their elected
representatives, deserve better. We must have a say in this process,
including the ability to meaningfully review and comment upon any
proposal to change the management of the area. It is only fair that the
people who would be most affected by such a designation have that
opportunity. I am addressing the need for local input into this process
by introduction of this bill. The first step in seeking public input is
through the legislative process itself. The legislative process will
ensure that the public has a voice. The next step is the section of the
bill creating an advisory committee of interested parties to assist the
BLM in the land-planning process.
National monument status for this area would also forever preclude
any type of mining activity. This would be a totally irresponsible
action. Let me stress that at this time there are no active mining
activities, nor does it appear that any are planned for the foreseeable
future within the proposed conservation area. However, we do not know
for certain what mineral deposits may be located in the area, or in
what quantity. We do know that there are some uranium and copper
deposits. The nation does not currently need these resources, but
prudence would dictate that we not lock up these minerals with no
possibility for future extraction. While we appear to have adequate
uranium resources for current needs, policy or conditions may change
and our national interest may be served by allowing them to be
extracted in the future.
This legislation strikes a balance between the desire to preserve the
land in its present state, and potential future national needs. Under
the bill, the lands will be withdrawn from mineral entry under the 1872
mining law, but are subject to mineral leasing at the discretion of the
Secretary of the Interior. This is consistent with the current status
of other specially designated federal lands such as the Lake Mead and
Glen Canyon National Recreation Areas. It is also consistent with the
Secretary of the Interior's segregation of the area. Under the federal
mineral leasing laws, the Secretary has broad discretion regarding
whether to allow mining in a particular area; the amount of royalties
to charge; the duration of the lease; environmental considerations; and
reclamation. Thus, authorizing the Secretary to approve mineral leasing
within the conservation area protects the national interest in these
minerals while also preserving the environment.
Mr. President, I am proud to introduce this important piece of
legislation. I ask unanimous consent that the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1560

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 ``Shivwits Plateau National
Conservation Area Establishment Act''.

SEC. 2. PURPOSE.

The purpose of this Act is to establish the Shivwits
Plateau National Conservation Area to conserve, protect, and
enhance for the benefit and enjoyment of present and future
generations the landscapes, native wildlife and vegetation,
and prehistoric, historic, scenic, and traditional human
values of the conservation area (including ranching, hunting,
sightseeing, camping and hiking).

SEC. 3. DEFINITIONS.

In this Act:
(1) Conservation Area.--The term ``conservation area''
means the Shivwits Plateau National Conservation Area
established by section 2.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.

SEC. 4. ESTABLISHMENT OF SHIVWITS PLATEAU NATIONAL
CONSERVATION AREA, ARIZONA.

(a) In General.--There is established the Shivwits Plateau
National Conservation Area in the State of Arizona.
(b) Areas Included.--The Shivwits Plateau National
Conservation Area shall be comprised of approximately 381,800
acres of land administered by the Secretary in Mohave County,
Arizona, as generally depicted on the map entitled ``Shivwits
Plateau National Conservation Area--Proposed'', numbered __,
dated __.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress
a map and legal description of the conservation area.
(2) Force and effect.--The map and legal description shall
have the same force and effect as if included in this Act.
(3) Public availability.--Copies of the map and legal
description shall be on file and available for public
inspection in--
(A) the Office of the Director of the Bureau of Land
Management; and
(B) the appropriate office of the Bureau of Land Management
in Arizona.

SEC. 5. MANAGEMENT OF CONSERVATION AREA.

(a) In General.--The Secretary shall manage the
conservation area in a manner that conserves, protects, and
enhances all of the values specified in section 2 under the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), this Act, and other applicable law.
(b) Hunting and Fishing.--The Secretary shall permit
hunting and fishing in the conservation area in accordance
with the laws of the State of Arizona.
(c) Grazing.--
(1) In general.--The Secretary shall permit the grazing of
livestock in the conservation area.
(2) Applicable law.--The Secretary shall ensure that
grazing in the conservation area is conducted in accordance
with all laws (including regulations) that apply to the
issuance and administration of grazing leases on other land
under the jurisdiction of the Bureau of Land Management.
(d) Forest Restoration.--The Secretary shall develop and
carry out forest restoration projects on Ponderosa Pine
forests and Pinion-Juniper forests in the conservation area,
with the goal of restoring the land in the conservation area
to presettlement condition.
(e) Advisory Committee.--
(1) Establishment.--The Secretary shall establish an
advisory committee for the conservation area, to be known as
the ``Shivwits Plateau National Conservation Area Advisory
Committee'', the purpose of which shall be to advise the
Secretary with respect to the preparation and implementation
of the management plan required by section 6.
(2) Representation.--The advisory committee shall be
comprised of 9 members appointed by the Secretary, of whom--

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(A) 1 shall be a grazing permittee in good standing with
the Bureau of Land Management who has maintained a grazing
allotment within the boundaries of the conservation area for
not less than 5 years;
(B) 1 shall be the chairperson of the Kaibab Band of Paiute
Indians;
(C) 1 shall be an individual with a recognized background
in ecological restoration, research, and application, to be
appointed from among nominations made by Northern Arizona
University;
(D) 1 shall be the Arizona State Land Commissioner;
(E) 1 shall be an Arizona State Game and Fish Commissioner;
(F) 1 shall be an official of the State of Utah (other than
an elected official), to be appointed from among nominations
made by the Arizona Strip Regional Planning Task Force;
(G) 1 shall be a representative of a recognized
environmental organization;
(H) 1 shall be a local elected official from the State of
Arizona, to be appointed from among nominations made by the
Arizona Strip Regional Planning Task Force; and
(I) 1 shall be a local elected official from the State of
Utah, to be appointed from among nominations made by the
Arizona Strip Regional Planning Task Force.
(3) Terms.--
(A) In general.--A member of the advisory committee shall
be appointed for a term of 3 years, except that, of the
members first appointed, 3 members shall be appointed for a
term of 1 year and 3 members shall be appointed for a term of
2 years.
(B) Reappointment.--A member may be reappointed to serve on
the advisory committee on expiration of the member's term.

SEC. 6. MANAGEMENT PLAN.

(a) Existing Management Plans.--The Secretary shall manage
the conservation area under resource management plans in
effect or the date of enactment of this Act, including the
Arizona Strip Resource Management Plan, the Parashant
Interdisciplinary Plan, and the Mt. Trumbull
Interdisciplinary Plan.
(b) Future Management Plans.-- Future revisions of
management plans for the conservation area shall be adopted
in compliance with the goals and objectives of this Act.

SEC. 7. ACQUISITION OF LAND.

(a) In General.--The Secretary may acquire State or private
land or interests in land within the boundaries of the
conservation area only by--
(1) donation;
(2) purchase with donated or appropriated funds from a
willing seller; or
(3) exchange with a willing party.
(b) Exchanges.--
(1) In general.--During the 2-year period beginning on the
date of enactment of this Act, the Secretary shall make a
diligent effort to acquire, by exchange, from willing parties
all State trust lands, subsurface rights, and valid mining
claims within the conservation area.
(2) Inverse condemnation.--If an exchange requested by a
property owner is not completed by the end of the period, the
property owner that requested the exchange may, at any time
after the end of the period--
(A) declare that the owner's State trust lands, subsurface
rights, or valid mining claims within the conservation area
have been taken by inverse condemnation; and
(B) seek compensation from the United States in United
States district court.
(c) Valuation of Private Property.--
(1) In general.--The United States shall pay the fair
market value for any property acquired under this section.
(2) Assessment.--The value of the property shall be
assessed as if the conservation area did not exist.

SEC. 8. MINERAL ASSESSMENT PROGRAM AND RELATIONSHIP TO
MINING LAWS.

(a) Assessment Program.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall assess the
oil, gas, coal, uranium, and other mineral potential on
Federal land in the conservation area.
(b) Peer Review.--The mineral assessment program shall--
(1) be subject to review by the Arizona State Department of
Mines and Mineral Resources; and
(2) shall not be considered to be complete until the
results of the assessment are approved by the Arizona State
Department of Mines and Mineral Resources.
(c) Relation to Mining Laws.--Subject to valid existing
rights, the public land within the conservation area is
withdrawn from mineral location, entry, and patent under
chapter 6 of the Revised Statutes (commonly known as the
``General Mining Law of 1872'') (30 U.S.C. section 21 et
seq.).
(d) Mineral Leasing.--The Secretary shall permit the
removal of--
(1) nonleasable minerals from land or an interest in land
within the national conservation area in the manner
prescribed by section 10 of the Act of August 4, 1939 (43
Stat. 38); and
(2) leasable minerals from land or an interest in lands
within the conservation area in accordance with the Act of
February 25, 1920 (commonly known as the ``Mineral Lands
Leasing Act of 1920'') (30 U.S.C. 181 et seq.) or the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.).
(e) Disposition of Funds From Permits and Leases.--
(1) Receipts from permits and leases.--Receipts derived
from permits and leases issued on land in the conservation
area under the Act of February 25, 1920 (30 U.S.C. 181 et
seq.) or the Mineral Leasing Act for Acquired Lands (30
U.S.C. 351 et seq.), shall be disposed of as provided in the
applicable Act.
(2) Recipts from disposition of nonleasable minerals.--
Receipts from the disposition of nonleasable minerals within
the conservation area shall be disposed of in the same manner
as proceeds of the sale of public land.

SEC. 9. EFFECT ON WATER RIGHTS.

Nothing in this Act--
(1) establishes a new or implied reservation to the United
States of any water or water-related right with respect to
land included in the conservation area; or
(2) authorizes the appropriation of water, except in
accordance with the substantive and procedural law of the
State of Arizona.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are
necessary to carry out this Act.
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