II

106TH CONGRESS

2D SESSION S. 3044

To establish the Las Cienegas National Conservation Area in the State

of Arizona.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 13, 2000

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

To establish the Las Cienegas National Conservation Area

in the State of Arizona.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ESTABLISHMENT OF THE SONOITA VALLEY

4 CONSERVATION PLANNING DISTRICT.

5 (a) IN GENERAL.—In order to promote cooperation,

6 conservation, and scientific research within the Sonoita

7 Valley region of the State of Arizona, there is hereby es8 tablished the Sonoita Valley Conservation Planning Dis9 trict.
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1 (b) AREAS INCLUDED.—The Conservation Planning

2 District shall consist of approximately 136,900 acres of

3 land in the Arizona counties of Pima and Santa Cruz, in4 cluding the Conservation Area, as generally depicted on

5 the map entitled ‘‘Sonoita Valley Conservation Planning

6 District and Las Cienegas National Conservation Area’’

7 and dated September 11, 2000.

8 (c) MAP AND LEGAL DESCRIPTION.—As soon as

9 practicable after the date of the enactment of this Act,

10 the Secretary shall submit to Congress a map and legal

11 description of the Conservation Planning District. In case

12 of a conflict between the map referred to in subsection

13 (b) and the map and legal description submitted by the

14 Secretary, the map referred to in subsection (b) shall con15 trol. The map and legal description shall have the same

16 force and effect as if included in this Act, except that the

17 Secretary may correct clerical and typographical errors in

18 such map and legal description. Copies of the map and

19 legal description shall be on file and available for public

20 inspection in the Office of the Director of the Bureau of

21 Land Management, and in the appropriate office of the

22 Bureau of Land Management in Arizona.
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1 SEC. 2. MANAGEMENT OF THE CONSERVATION PLANNING

2 DISTRICT.

3 (a) IN GENERAL.—The Secretary, through the Bu4 reau of Land Management, shall administer the public

5 lands within the Conservation Planning District pursuant

6 to this Act and the applicable provisions of the Federal

7 Land Policy and Management Act of 1976 (43 U.S.C.

8 1701 et seq.) and subject to valid existing rights. The Sec9 retary shall allow such uses of the public lands as the Sec10 retary determines will further the purposes described in

11 section 1(a) for which the Conservation Planning District

12 was established.

13 (b) FISH AND WILDLIFE.—Nothing in this Act shall

14 be construed as affecting the jurisdiction or responsibil15 ities of the State of Arizona with respect to fish and wild16 life within the Conservation Planning District.

17 (c) PROTECTION OF STATE AND PRIVATE LANDS

18 AND INTERESTS.—Nothing in this Act shall be construed

19 as affecting any property rights of any lands or interest

20 in lands held by the State of Arizona, any political subdivi21 sion of the State of Arizona, or any private property rights

22 within the boundaries of the Conservation Planning Dis23 trict.

24 (d) PUBLIC LANDS.—Nothing in this Act shall be

25 construed as in any way diminishing the Secretary’s or

26 the Bureau of Land Management’s authorities, rights, or
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1 responsibilities for managing the public lands within the

2 Conservation Planning District.

3 (e) COORDINATED MANAGEMENT.—The Secretary

4 shall coordinate the management of the public lands with5 in the Conservation Planning District with that of sur6 rounding county, State, and private lands consistent with

7 the provisions of subsection (c).

8 (f) ADVISORY COUNCIL.—

9 (1) ESTABLISHMENT.—Not later than 2 years

10 after the date of the enactment of this Act, the Sec11 retary shall establish a Sonoita Valley Conservation

12 Planning District Advisory Council to advise the

13 Secretary with respect to management of the public

14 lands described in sections 1(b) and 3(b). The Advi15 sory Council shall conform to the requirements of

16 the Federal Land Policy and Management Act of

17 1976 (43 U.S.C. 1701 et seq.) and the Federal Ad18 visory Committee Act (88 Stat. 770; 5 U.S.C. App.

19 1).

20 (2) REPRESENTATION.—The Advisory Council

21 shall consist of 11 members to be appointed by the

22 Secretary, including, to the extent practicable—

23 (A) 2 members appointed from nominees

24 submitted by permitees holding grazing allot-
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1 ments within the Conservation Planning Dis2 trict;

3 (B) 2 members interested in natural re4 source conservation;

5 (C) 2 members interested in recreational

6 activities;

7 (D) 2 members representing community

8 group interests;

9 (E) 1 member representing general local

10 and regional interests;

11 (F) 1 member appointed from nominees

12 submitted by the Pima County Board of Super13 visors; and

14 (G) 1 member appointed from nominees

15 submitted by the Santa Cruz County Board of

16 Supervisors.

17 (3) TERMINATION.—Notwithstanding section

18 14(a) of the Federal Advisory Committee Act, the

19 Advisory Council shall terminate 10 years after the

20 date of the enactment of this Act.

21 SEC. 3. ESTABLISHMENT OF THE LAS CIENEGAS NATIONAL

22 CONSERVATION AREA.

23 (a) IN GENERAL.—In order to conserve, protect, and

24 enhance for the benefit and enjoyment of present and fu25 ture generations the unique and nationally important
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1 aquatic, wildlife, vegetative, archaeological, paleontolog2 ical, scientific, cave, cultural, historical, recreational, edu3 cational, scenic, rangeland, and riparian resources and val4 ues of the public lands described in subsection (b) while

5 allowing livestock grazing and recreation to continue in

6 appropriate areas, there is hereby established the Las

7 Cienegas National Conservation Area in the State of Ari8 zona.

9 (b) AREAS INCLUDED.—The Conservation Area shall

10 consist of approximately 42,000 acres of public lands in

11 the Arizona counties of Pima and Santa Cruz, as generally

12 depicted on the map entitled ‘‘Sonoita Valley Conservation

13 Planning District and Las Cienegas National Conserva14 tion Area’’ and dated September 11, 2000.

15 (c) MAPS AND LEGAL DESCRIPTION.—As soon as

16 practicable after the date of the enactment of this Act,

17 the Secretary shall submit to Congress a map and legal

18 description of the Conservation Area. In case of a conflict

19 between the map referred to in subsection (b) and the map

20 and legal description submitted by the Secretary, the map

21 referred to in subsection (b) shall control. The map and

22 legal description shall have the same force and effect as

23 if included in this Act, except that the Secretary may cor24 rect clerical and typographical errors in such map and

25 legal description. Copies of the map and legal description
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1 shall be on file and available for public inspection in the

2 Office of the Director of the Bureau of Land Management,

3 and in the appropriate office of the Bureau of Land Man4 agement in Arizona.

5 (d) FOREST LANDS.—Any lands included in the

6 Coronado National Forest that are located within the

7 boundaries of the Conservation Area shall be considered

8 to be a part of the Conservation Area. The Secretary of

9 Agriculture shall revise the boundaries of the Coronado

10 National Forest to reflect the exclusion of such lands from

11 the Coronado National Forest.

12 SEC. 4. MANAGEMENT OF THE LAS CIENEGAS NATIONAL

13 CONSERVATION AREA.

14 (a) IN GENERAL.—The Secretary shall manage the

15 Conservation Area in a manner that conserves, protects,

16 and enhances its resources and values, including the re17 sources and values specified in section 3(a), pursuant to

18 the Federal Land Policy and Management Act of 1976

19 (43 U.S.C. 1701 et seq.) and other applicable law, includ20 ing this Act.

21 (b) USES.—The Secretary shall allow only such uses

22 of the Conservation Area as the Secretary finds will fur23 ther the purposes for which the Conservation Area is es24 tablished as set forth in section 3(a).
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1 (c) GRAZING.—The Secretary of the Interior shall

2 permit grazing subject to all applicable laws, regulations,

3 and Executive Orders consistent with the purposes of this

4 Act.

5 (d) MOTORIZED VEHICLES.—Except where needed

6 for administrative purposes or to respond to an emer7 gency, use of motorized vehicles on public lands in the

8 Conservation Area shall be allowed only—

9 (1) before the effective date of a management

10 plan prepared pursuant to section 5, on roads and

11 trails designated for use of motorized vehicles in the

12 management plan that applies on the date of the en13 actment of this Act; and

14 (2) after the effective date of a management

15 plan prepared pursuant to section 5, on roads and

16 trails designated for use of motor vehicles in that

17 management plan.

18 (e) MILITARY AIRSPACE.—Prior to the date of the

19 enactment of this Act the Federal Aviation Administration

20 approved restricted military airspace (Areas 2303A and

21 2303B) which covers portions of the Conservation Area.

22 Designation of the Conservation Area shall not impact or

23 impose any altitude, flight, or other airspace restrictions

24 on current or future military operations or missions.

25 Should the military require additional or modified airspace
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1 in the future, the Congress does not intend for the des2 ignation of the Conservation Area to impede the military

3 from petitioning the Federal Aviation Administration to

4 change or expand existing restricted military airspace.

5 (f) ACCESS TO STATE AND PRIVATE LANDS.—Noth6 ing in this Act shall affect valid existing rights-of-way

7 within the Conservation Area. The Secretary shall provide

8 reasonable access to nonfederally owned lands or interest

9 in lands within the boundaries of the Conservation Area.

10 (g) HUNTING.—Hunting shall be allowed within the

11 Conservation Area in accordance with applicable laws and

12 regulations of the United States and the State of Arizona,

13 except that the Secretary, after consultation with the Ari14 zona State wildlife management agency, may issue regula15 tions designating zones where and establishing periods

16 when no hunting shall be permitted for reasons of public

17 safety, administration, or public use and enjoyment.

18 (h) PREVENTATIVE MEASURES.—Nothing in this Act

19 shall preclude such measures as the Secretary determines

20 necessary to prevent devastating fire or infestation of in21 sects or disease within the Conservation Area.

22 (i) NO BUFFER ZONES.—The establishment of the

23 Conservation Area shall not lead to the creation of protec24 tive perimeters or buffer zones around the Conservation

25 Area. The fact that there may be activities or uses on
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1 lands outside the Conservation Area that would not be

2 permitted in the Conservation Area shall not preclude

3 such activities or uses on such lands up to the boundary

4 of the Conservation Area consistent with other applicable

5 laws.

6 (j) WITHDRAWALS.—Subject to valid existing rights

7 all Federal lands within the Conservation Area and all

8 lands and interest therein which are hereafter acquired by

9 the United States are hereby withdrawn from all forms

10 of entry, appropriation, or disposal under the public land

11 laws and from location, entry, and patent under the min12 ing laws, and from operation of the mineral leasing and

13 geothermal leasing laws and all amendments thereto.

14 SEC. 5. MANAGEMENT PLAN.

15 (a) PLAN REQUIRED.—Not later than 2 years after

16 the date of the enactment of this Act, the Secretary,

17 through the Bureau of Land Management, shall develop

18 and begin to implement a comprehensive management

19 plan for the long-term management of the public lands

20 within the Conservation Area, in coordination with the

21 management of the Conservation Planning District, in

22 order to fulfill the purposes for which they are established,

23 as set forth in sections 3(a) and 1(a), respectively. Con24 sistent with the provisions of this Act, the management

25 plan shall be developed—
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1 (1) in consultation with appropriate depart2 ments of the State of Arizona, including wildlife and

3 land management agencies, with full public partici4 pation, and with the recommendations and advice of

5 the Advisory Council;

6 (2) from the draft Empire-Cienega Ecosystem

7 Management Plan/EIS, dated October 2000, as it

8 applies to Federal lands or lands with conservation

9 easements; and

10 (3) in accordance with the resource goals and

11 objectives developed through the Sonoita Valley

12 Planning Partnership process as incorporated in the

13 draft Empire-Cienega Ecosystem Management Plan/

14 EIS, dated October 2000, giving full consideration

15 to the management alternative preferred by the

16 Sonoita Valley Planning Partnership, as it applies to

17 Federal lands or lands with conservation easements.

18 (b) CONTENTS.—The management plan shall

19 include—

20 (1) provisions designed to ensure the protection

21 of the resources and values described in sections

22 1(a) and 3(a);

23 (2) an implementation plan for a continuing

24 program of interpretation and public education
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1 about the resources and values of the Conservation

2 Area;

3 (3) a proposal for minimal administrative and

4 public facilities to be developed or improved at a

5 level compatible with achieving the resource objec6 tives for the Conservation Area and with the other

7 proposed management activities to accommodate

8 visitors to the Conservation Area;

9 (4) cultural resources management strategies

10 for the Conservation Area, prepared in consultation

11 with appropriate departments of the State of Ari12 zona, with emphasis on the preservation of the re13 sources of the Conservation Area and the interpre14 tive, educational, and long-term scientific uses of

15 these resources, giving priority to the enforcement of

16 the Archaeological Resources Protection Act of 1979

17 (16 U.S.C. 470aa et seq.) and the National Historic

18 Preservation Act (16 U.S.C. 470 et seq.) within the

19 Conservation Area;

20 (5) wildlife management strategies for the Con21 servation Area, prepared in consultation with appro22 priate departments of the State of Arizona and

23 using previous studies of the Conservation Area;
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1 (6) production livestock grazing management

2 strategies, prepared in consultation with appropriate

3 departments of the State of Arizona;

4 (7) provisions designed to ensure the protection

5 of livestock uses of the lands included in the Con6 servation Area;

7 (8) recreation management strategies, including

8 motorized and nonmotorized dispersed recreation op9 portunities for the Conservation Area, prepared in

10 consultation with appropriate departments of the

11 State of Arizona;

12 (9) cave resources management strategies pre13 pared in compliance with the goals and objectives of

14 the Federal Cave Resources Protection Act of 1988

15 (16 U.S.C. 4301 et seq.); and

16 (10) provisions designed to ensure that if a

17 road or trail located on public lands within the Con18 servation Area, or any portion of such a road or

19 trail, is removed, consideration shall be given to pro20 viding similar alternative access to the portion of the

21 Conservation Area serviced by such removed road or

22 trail.–

23 (c) COOPERATIVE AGREEMENTS.—In order to better

24 implement the management plan, the Secretary may enter

25 into cooperative agreements with appropriate Federal,
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1 State, and local agencies pursuant to section 307(b) of the

2 Federal Land Policy and Management Act of 1976 (43

3 U.S.C. 1737(b)).

4 (d) RESEARCH ACTIVITIES.—In order to assist in the

5 development and implementation of the management plan,

6 the Secretary may authorize appropriate research, includ7 ing research concerning the environmental, biological,

8 hydrological, cultural, agricultural, recreational, and other

9 characteristics, resources, and values of the Conservation

10 Area, pursuant to section 307(a) of the Federal Land Pol11 icy and Management Act of 1976 (43 U.S.C. 1737(a)).

12 SEC. 6. LAND ACQUISITION.

13 (a) IN GENERAL.—

14 (1) PRIORITY TO CONSERVATION EASE15 MENTS.—In acquiring lands or interest in lands

16 under this section, the Secretary shall give priority

17 to such acquisitions in the form of conservation

18 easements.

19 (2) PRIVATE LANDS.—The Secretary is author20 ized to acquire privately held lands or interest in

21 lands within the boundaries of the Conservation

22 Planning District only from a willing seller through

23 donation, exchange, or purchase.

24 (3) COUNTY LANDS.—The Secretary is author25 ized to acquire county lands or interest in lands
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1 within the boundaries of the Conservation Planning

2 District only with the consent of the county through

3 donation, exchange, or purchase.

4 (4) STATE LANDS.—The Secretary is author5 ized to acquire lands or interest in lands owned by

6 the State of Arizona located within the boundaries

7 of the Conservation Planning District only with the

8 consent of the State by donation, exchange, pur9 chase, or eminent domain.

10 (A) CONSIDERATION.—As consideration

11 for the acquisitions by the United States of

12 lands or interest in such lands under this sub13 section, the Secretary shall pay fair market

14 value for such lands or shall convey to the State

15 of Arizona all or some interest in Federal lands

16 (including buildings and other improvements on

17 such lands or other Federal property other than

18 real property) or any other asset of equal value

19 within the State of Arizona.

20 (B) TRANSFER OF JURISDICTION.—All

21 Federal agencies are authorized to transfer ju22 risdiction of Federal lands or interest in lands

23 (including buildings and other improvements on

24 such lands or other Federal property other than

25 real property) or any other asset within the
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1 State of Arizona to the Bureau of Land Man2 agement for the purpose of acquiring lands or

3 interest in lands as provided for in this sub4 section.

5 (b) MANAGEMENT OF ACQUIRED LANDS.—Lands ac6 quired under this section shall, upon acquisition, become

7 part of the Conservation Area and shall be administered

8 as part of the Conservation Area. These lands shall be

9 managed in accordance with this Act, other applicable

10 laws, and the management plan.

11 SEC. 7. REPORTS TO CONGRESS.

12 (a) PROTECTION OF CERTAIN LANDS.—Not later

13 than 2 years after the date of the enactment of this Act,

14 the Secretary shall submit to Congress a report with rec15 ommendations on the most effective measures to protect

16 the lands within the Rincon Valley, Colossal Cave area,

17 and Agua Verde Creek corridor north of Interstate 10 to

18 provide an ecological link to Saguaro National Park and

19 the Rincon Mountains and contribute to local government

20 conservation priorities.

21 (b) IMPLEMENTATION OF THIS ACT.—Not later than

22 5 years after the date of the enactment of this Act, and

23 at least at the end of every 10-year period thereafter, the

24 Secretary shall submit to Congress a report describing the

25 implementation of this Act, the condition of the resources
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1 and values of the Conservation Area, and the progress of

2 the Secretary in achieving the purposes for which the Con3 servation Area is established as set forth in section 3(a).

4 SEC. 8. DEFINITIONS.

5 For the purposes of this Act, the following definitions

6 apply:

7 (1) ADVISORY COUNCIL.—The term ‘‘Advisory

8 Council’’ means the Sonoita Valley Conservation

9 Planning District Advisory Council established pur10 suant to section 2(f).

11 (2) CONSERVATION AREA.—The term ‘‘Con12 servation Area’’ means the Las Cienegas National

13 Conservation Area established by section 3(a).

14 (3) CONSERVATION PLANNING DISTRICT.—The

15 term ‘‘Conservation Planning District’’ means the

16 Sonoita Valley Conservation Planning District estab17 lished by section 1(a).

18 (4) MANAGEMENT PLAN.—The term ‘‘manage19 ment plan’’ means the management plan for the

20 Conservation Area.

21 (5) PUBLIC LANDS.—The term ‘‘public lands’’

22 has the meaning given the term in section 103(e) of

23 the Federal Land Policy and Management Act of

24 1976 (43 U.S.C. 1702(e)), except that such term
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1 shall not include interest in lands not owned by the

2 United States.

3 (6) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior.

Æ