89–006 

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 


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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 worldclass 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 draVerDate Mar 15 2010 07:19 Sep 17, 2010 Jkt 089006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR599.XXX HR599

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matic 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 Rau ́l 

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– 


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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. 


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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. 

Æ 


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