PUBLIC LAW 106–538—DEC. 6, 2000 114 STAT. 2563

Public Law 106–538

106th Congress

An Act

To establish the Las Cienegas National Conservation Area in the State of Arizona.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

For the purposes of this Act, the following definitions apply:

(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’

means the Las Cienegas National Conservation Area established by section 4(a).

(2) ACQUISITION PLANNING DISTRICT.—The term ‘‘Acquisition Planning District’’ means the Sonoita Valley Acquisition

Planning District established by section 2(a).

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the management plan for the Conservation Area.

(4) 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.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 2. ESTABLISHMENT OF THE SONOITA VALLEY ACQUISITION PLANNING DISTRICT.

(a) IN GENERAL.—In order to provide for future acquisitions

of important conservation land within the Sonoita Valley region

of the State of Arizona, there is hereby established the Sonoita

Valley Acquisition Planning District.

(b) AREAS INCLUDED.—The Acquisition Planning District shall

consist of approximately 142,800 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 Acquisition Planning District and Las Cienegas National Conservation

Area’’ and dated October 2, 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 Acquisition 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 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

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460ooo.

Dec. 6, 2000

[H.R. 2941]

114 STAT. 2564 PUBLIC LAW 106–538—DEC. 6, 2000

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. 3. PURPOSES OF THE ACQUISITION PLANNING DISTRICT.

(a) IN GENERAL.—The Secretary shall negotiate with land

owners for the acquisition of lands and interest in lands suitable

for Conservation Area expansion that meet the purposes described

in section 4(a). The Secretary shall only acquire property under

this Act pursuant to section 7.

(b) FEDERAL LANDS.—The Secretary, through the Bureau of

Land Management, shall administer the public lands within the

Acquisition 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.), subject to valid existing

rights, and in accordance with the management plan. Such public

lands shall become part of the Conservation Area when they become

contiguous with the Conservation Area.

(c) 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 Acquisition Planning

District.

(d) PROTECTION OF STATE AND PRIVATE LANDS AND

INTERESTS.—Nothing in this Act shall be construed as affecting

any property rights or management authority with regard to 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 Acquisition Planning District.

(e) 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 Acquisition Planning District.

(f ) COORDINATED MANAGEMENT.—The Secretary shall coordinate the management of the public lands within the Acquisition

Planning District with that of surrounding county, State, and private lands consistent with the provisions of subsection (d).

SEC. 4. 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 Acquisition Planning District and Las Cienegas

National Conservation Area’’ and dated October 2, 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 legal description 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,

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PUBLIC LAW 106–538—DEC. 6, 2000 114 STAT. 2565

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. 5. 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 4(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 4(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 6, 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 6, 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.

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(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

under the mining laws, and from operation of the mineral leasing

and geothermal leasing laws and all amendments thereto.

SEC. 6. 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 order to fulfill

the purposes for which it is established, as set forth in section

4(a). 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;

(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 section 4(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

Deadline.

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PUBLIC LAW 106–538—DEC. 6, 2000 114 STAT. 2567

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 environmentally sustainable livestock use on appropriate lands within

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. 7. 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

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114 STAT. 2568 PUBLIC LAW 106–538—DEC. 6, 2000

of the Acquisition 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 Acquisition Planning District only with the consent of the

county through donation, exchange, or purchase.

(4) STATE LANDS.—

(A) IN GENERAL.—The Secretary is authorized to

acquire lands or interest in lands owned by the State

of Arizona located within the boundaries of the Acquisition

Planning District only with the consent of the State and

in accordance with State law, by donation, exchange, or

purchase.

(B) CONSIDERATION.—As consideration for the acquisitions by the United States of lands or interest in lands

under this paragraph, 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.

(C) 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 paragraph.

(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. 8. 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 describing the most effective measures

to protect the lands north of the Acquisition Planning District

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

Deadlines.

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PUBLIC LAW 106–538—DEC. 6, 2000 114 STAT. 2569

LEGISLATIVE HISTORY—H.R. 2941:

HOUSE REPORTS: No. 106–934 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Oct. 5, considered and passed House.

Oct. 27, considered and passed Senate.

Æ

which the Conservation Area is established as set forth in section

4(a).

Approved December 6, 2000.