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106TH CONGRESS

1ST SESSION S. 1560

To establish the Shivwits Plateau National Conservation Area.

IN THE SENATE OF THE UNITED STATES

AUGUST 5, 1999

Mr. KYL (for himself and 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 Shivwits Plateau National Conservation

Area.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Shivwits Plateau Na5 tional Conservation Area Establishment Act’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to establish the Shivwits

8 Plateau National Conservation Area to conserve, protect,

9 and enhance for the benefit and enjoyment of present and

10 future generations the landscapes, native wildlife and
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1 vegetation, and prehistoric, historic, scenic, and traditional

2 human values of the conservation area (including ranch3 ing, hunting, sightseeing, camping and hiking).

4 SEC. 3. DEFINITIONS.

5 In this Act:

6 (1) CONSERVATION AREA.—The term ‘‘con7 servation area’’ means the Shivwits Plateau National

8 Conservation Area established by section 2.

9 (2) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Interior, acting through the Di11 rector of the Bureau of Land Management.

12 SEC. 4. ESTABLISHMENT OF SHIVWITS PLATEAU NATIONAL

13 CONSERVATION AREA, ARIZONA.

14 (a) IN GENERAL.—There is established the Shivwits

15 Plateau National Conservation Area in the State of Ari16 zona.

17 (b) AREAS INCLUDED.—The Shivwits Plateau Na18 tional Conservation Area shall be comprised of approxi19 mately 381,800 acres of land administered by the Sec20 retary in Mohave County, Arizona, as generally depicted

21 on the map entitled ‘‘Shivwits Plateau National Conserva22 tion Area—Proposed’’, numbered ll, dated ll.

23 (c) MAP AND LEGAL DESCRIPTION.—

24 (1) IN GENERAL.—As soon as practicable after

25 the date of enactment of this Act, the Secretary
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1 shall submit to Congress a map and legal description

2 of the conservation area.

3 (2) FORCE AND EFFECT.—The map and legal

4 description shall have the same force and effect as

5 if included in this Act.

6 (3) PUBLIC AVAILABILITY.—Copies of the map

7 and legal description shall be on file and available

8 for public inspection in—

9 (A) the Office of the Director of the Bu10 reau of Land Management; and

11 (B) the appropriate office of the Bureau of

12 Land Management in Arizona.

13 SEC. 5. MANAGEMENT OF CONSERVATION AREA.

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

15 conservation area in a manner that conserves, protects,

16 and enhances all of the values specified in section 2 under

17 the Federal Land Policy and Management Act of 1976

18 (43 U.S.C. 1701 et seq.), this Act, and other applicable

19 law.

20 (b) HUNTING AND FISHING.—The Secretary shall

21 permit hunting and fishing in the conservation area in ac22 cordance with the laws of the State of Arizona.

23 (c) GRAZING.—

24 (1) IN GENERAL.—The Secretary shall permit

25 the grazing of livestock in the conservation area.
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1 (2) APPLICABLE LAW.—The Secretary shall en2 sure that grazing in the conservation area is con3 ducted in accordance with all laws (including regula4 tions) that apply to the issuance and administration

5 of grazing leases on other land under the jurisdiction

6 of the Bureau of Land Management.

7 (d) FOREST RESTORATION.—The Secretary shall de8 velop and carry out forest restoration projects on Pon9 derosa Pine forests and Pinion-Juniper forests in the con10 servation area, with the goal of restoring the land in the

11 conservation area to presettlement condition.

12 (e) ADVISORY COMMITTEE.—

13 (1) ESTABLISHMENT.—The Secretary shall es14 tablish an advisory committee for the conservation

15 area, to be known as the ‘‘Shivwits Plateau National

16 Conservation Area Advisory Committee’’, the pur17 pose of which shall be to advise the Secretary with

18 respect to the preparation and implementation of the

19 management plan required by section 6.

20 (2) REPRESENTATION.—The advisory com21 mittee shall be comprised of 9 members appointed

22 by the Secretary, of whom—

23 (A) 1 shall be a grazing permittee in good

24 standing with the Bureau of Land Management

25 who has maintained a grazing allotment within
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1 the boundaries of the conservation area for not

2 less than 5 years;

3 (B) 1 shall be the chairperson of the

4 Kaibab Band of Paiute Indians;

5 (C) 1 shall be an individual with a recog6 nized background in ecological restoration, re7 search, and application, to be appointed from

8 among nominations made by Northern Arizona

9 University;

10 (D) 1 shall be the Arizona State Land

11 Commissioner;

12 (E) 1 shall be an Arizona State Game and

13 Fish Commissioner;

14 (F) 1 shall be an official of the State of

15 Utah (other than an elected official), to be ap16 pointed from among nominations made by the

17 Arizona Strip Regional Planning Task Force;

18 (G) 1 shall be a representative of a recog19 nized environmental organization;

20 (H) 1 shall be a local elected official from

21 the State of Arizona, to be appointed from

22 among nominations made by the Arizona Strip

23 Regional Planning Task Force; and

24 (I) 1 shall be a local elected official from

25 the State of Utah, to be appointed from among
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1 nominations made by the Arizona Strip Re2 gional Planning Task Force.

3 (3) TERMS.—

4 (A) IN GENERAL.—A member of the advi5 sory committee shall be appointed for a term of

6 3 years, except that, of the members first ap7 pointed, 3 members shall be appointed for a

8 term of 1 year and 3 members shall be ap9 pointed for a term of 2 years.

10 (B) REAPPOINTMENT.—A member may be

11 reappointed to serve on the advisory committee

12 on expiration of the member’s term.

13 SEC. 6. MANAGEMENT PLAN.

14 (a) EXISTING MANAGEMENT PLANS.—The Secretary

15 shall manage the conservation area under resource man16 agement plans in effect or the date of enactment of this

17 Act, including the Arizona Strip Resource Management

18 Plan, the Parashant Interdisciplinary Plan, and the Mt.

19 Trumbull Interdisciplinary Plan.

20 (b) FUTURE MANAGEMENT PLANS.— Future revi21 sions of management plans for the conservation area shall

22 be adopted in compliance with the goals and objectives of

23 this Act.
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1 SEC. 7. ACQUISITION OF LAND.

2 (a) IN GENERAL.—The Secretary may acquire State

3 or private land or interests in land within the boundaries

4 of the conservation area only by—

5 (1) donation;

6 (2) purchase with donated or appropriated

7 funds from a willing seller; or

8 (3) exchange with a willing party.

9 (b) EXCHANGES.—

10 (1) IN GENERAL.—During the 2-year period be11 ginning on the date of enactment of this Act, the

12 Secretary shall make a diligent effort to acquire, by

13 exchange, from willing parties all State trust lands,

14 subsurface rights, and valid mining claims within

15 the conservation area.

16 (2) INVERSE CONDEMNATION.—If an exchange

17 requested by a property owner is not completed by

18 the end of the period, the property owner that re19 quested the exchange may, at any time after the end

20 of the period—

21 (A) declare that the owner’s State trust

22 lands, subsurface rights, or valid mining claims

23 within the conservation area have been taken by

24 inverse condemnation; and

25 (B) seek compensation from the United

26 States in United States district court.
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1 (c) VALUATION OF PRIVATE PROPERTY.—

2 (1) IN GENERAL.—The United States shall pay

3 the fair market value for any property acquired

4 under this section.

5 (2) ASSESSMENT.—The value of the property

6 shall be assessed as if the conservation area did not

7 exist.

8 SEC. 8. MINERAL ASSESSMENT PROGRAM AND RELATION9 SHIP TO MINING LAWS.

10 (a) ASSESSMENT PROGRAM.—Not later than 2 years

11 after the date of enactment of this Act, the Secretary shall

12 assess the oil, gas, coal, uranium, and other mineral poten13 tial on Federal land in the conservation area.

14 (b) PEER REVIEW.—The mineral assessment pro15 gram shall—

16 (1) be subject to review by the Arizona State

17 Department of Mines and Mineral Resources; and

18 (2) shall not be considered to be complete until

19 the results of the assessment are approved by the

20 Arizona State Department of Mines and Mineral Re21 sources.

22 (c) RELATION TO MINING LAWS.—Subject to valid

23 existing rights, the public land within the conservation

24 area is withdrawn from mineral location, entry, and patent

25 under chapter 6 of the Revised Statutes (commonly known
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1 as the ‘‘General Mining Law of 1872’’) (30 U.S.C. section

2 21 et seq.).

3 (d) MINERAL LEASING.—The Secretary shall permit

4 the removal of—

5 (1) nonleasable minerals from land or an inter6 est in land within the national conservation area in

7 the manner prescribed by section 10 of the Act of

8 August 4, 1939 (43 Stat. 38); and

9 (2) leasable minerals from land or an interest

10 in lands within the conservation area in accordance

11 with the Act of February 25, 1920 (commonly

12 known as the ‘‘Mineral Lands Leasing Act of

13 1920’’) (30 U.S.C. 181 et seq.) or the Mineral Leas14 ing Act for Acquired Lands (30 U.S.C. 351 et seq.).

15 (e) DISPOSITION OF FUNDS FROM PERMITS AND

16 LEASES.—

17 (1) RECEIPTS FROM PERMITS AND LEASES.—

18 Receipts derived from permits and leases issued on

19 land in the conservation area under the Act of Feb20 ruary 25, 1920 (30 U.S.C. 181 et seq.) or the Min21 eral Leasing Act for Acquired Lands (30 U.S.C. 351

22 et seq.), shall be disposed of as provided in the ap23 plicable Act.

24 (2) RECEIPTS FROM DISPOSITION OF

25 NONLEASABLE MINERALS.—Receipts from the dis-
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1 position of nonleasable minerals within the conserva2 tion area shall be disposed of in the same manner

3 as proceeds of the sale of public land.

4 SEC. 9. EFFECT ON WATER RIGHTS.

5 Nothing in this Act—

6 (1) establishes a new or implied reservation to

7 the United States of any water or water-related

8 right with respect to land included in the conserva9 tion area; or

10 (2) authorizes the appropriation of water, ex11 cept in accordance with the substantive and proce12 dural law of the State of Arizona.

13 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated such sums

15 as are necessary to carry out this Act.

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