106TH CONGRESS
2D SESSION
H. R. 2941
AN ACT
To establish the Las Cienegas National
Conservation Area in the State of Arizona.
106TH CONGRESS
2D SESSION
H. R. 2941
AN ACT
To establish the Las Cienegas National Conservation Area
in the State of Arizona.
Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Con-
servation 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 estab-
lished by section 2(a).
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment 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 ACQUI-
SITION PLANNING DISTRICT.
(a) IN GENERAL.—In order to provide for future ac-
quisitions of important conservation land within the
Sonoita Valley region of the State of Arizona, there is
hereby established the Sonoita Valley Acquisition Plan-
ning 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, in-
cluding 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 con-
trol. 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.
SEC. 3. PURPOSES OF THE ACQUISITION PLANNING DIS-
TRICT.
(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 ac-
cordance with the management plan. Such public lands
shall become part of the Conservation Area when they be-
come contiguous with the Conservation Area.
(c) FISH AND WILDLIFE.—Nothing in this Act shall
be construed as affecting the jurisdiction or responsibil-
ities of the State of Arizona with respect to fish and wild-
life 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 bound-
aries 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 with-
in the Acquisition Planning District with that of sur-
rounding 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 fu-
ture generations the unique and nationally important
aquatic, wildlife, vegetative, archaeological, paleontolog-
ical, scientific, cave, cultural, historical, recreational, edu-
cational, scenic, rangeland, and riparian resources and val-
ues 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 Ari-
zona.
(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 Conserva-
tion 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, 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 cor-
rect 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 Man-
agement 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 re-
sources 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, includ-
ing this Act.
(b) USES.—The Secretary shall allow only such uses
of the Conservation Area as the Secretary finds will fur-
ther the purposes for which the Conservation Area is es-
tablished 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 emer-
gency, 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 en-
actment 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 des-
ignation 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.—Noth-
ing 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.
(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 Ari-
zona State wildlife management agency, may issue regula-
tions 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 in-
sects or disease within the Conservation Area.
(i) NO BUFFER ZONES.—The establishment of the
Conservation Area shall not lead to the creation of protec-
tive 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 min-
ing 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 pur-
poses for which it is established, as set forth in section
4(a). Consistent with the provisions of this Act, the man-
agement plan shall be developed—
(1) in consultation with appropriate depart-
ments of the State of Arizona, including wildlife and
land management agencies, with full public partici-
pation;
(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 objec-
tives for the Conservation Area 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 Ari-
zona, with emphasis on the preservation of the re-
sources of the Conservation Area and the interpre-
tive, 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 Con-
servation Area, prepared in consultation with appro-
priate 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 ap-
propriate lands within the Conservation Area;
(8) recreation management strategies, including
motorized and nonmotorized dispersed recreation op-
portunities for the Conservation Area, prepared in
consultation with appropriate departments of the
State of Arizona;
(9) cave resources management strategies pre-
pared 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 Con-
servation Area, or any portion of such a road or
trail, is removed, consideration shall be given to pro-
viding 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, includ-
ing 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 Pol-
icy and Management Act of 1976 (43 U.S.C. 1737(a)).
SEC. 7. LAND ACQUISITION.
(a) IN GENERAL.—
(1) 
PRIORITY
TO
CONSERVATION
EASE-
MENTS.—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 author-
ized to acquire privately held lands or interest in
lands within the boundaries of the Acquisition Plan-
ning District only from a willing seller through do-
nation, exchange, or purchase.
(3) COUNTY LANDS.—The Secretary is author-
ized 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 au-
thorized to acquire lands or interest in lands
owned by the State of Arizona located within
the boundaries of the Acquisition Planning Dis-
trict only with the consent of the State and in
accordance with State law, by donation, ex-
change, or purchase.
(B) CONSIDERATION.—As consideration
for the acquisitions by the United States of