I
107TH CONGRESS
2D SESSION
H. R. 4076
To modify the boundaries of the Agua Fria National Monument in the
State of Arizona to clarify Bureau of Land Management administrative
responsibilities regarding the Monument, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mr. STUMP introduced the following bill; which was referred to the Committee
on Resources
A BILL
To modify the boundaries of the Agua Fria National Monu-
ment in the State of Arizona to clarify Bureau of Land
Management administrative responsibilities regarding the
Monument, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Agua Fria National Monument Technical Corrections
Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Boundary modifications.
Sec. 4. Administration of Monument.
Sec. 5. Effect on existing and historical uses of Federal lands in Monument.
Sec. 6. Effect on grazing.
Sec. 7. Land acquisition.
Sec. 8. Effect on water rights.
Sec. 9. Effect on use of Presidential authority to expand Monument.
SEC. 2. DEFINITIONS.
In this Act:
(1) 
MONUMENT.—The 
term 
‘‘Monument’’
means the Agua Fria National Monument estab-
lished by Presidential Proclamation 7263 of January
11, 2000 (65 Fed. Reg. 2817).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Bu-
reau of Land Management.
(3) ADVISORY COMMITTEE.—The term ‘‘advi-
sory committee’’ means the Agua Fria National
Monument Advisory Committee established pursuant
to section 4.
(4) STATE.—The term ‘‘State’’ means the State
of Arizona.
SEC. 3. BOUNDARY MODIFICATIONS.
(a) REMOVAL OF LANDS.—The Secretary shall mod-
ify the boundaries of the Monument to exclude from the
Monument the following parcels of land:
(1) The north 1⁄2 of section 17, township 11
north, range 3 east, Gila and Salt River meridian.
(2) All private lands located within section 25,
township 11 north, range 3 east, Gila and Salt River
meridian.
(b) ADJUSTMENT OF WESTERN BOUNDARY.—The
Secretary shall modify the western boundary of the Monu-
ment to be at least 400 feet east of the existing State
Department of Transportation right-of-way.
SEC. 4. ADMINISTRATION OF MONUMENT.
(a) MANAGEMENT AUTHORITY.—
(1) USE OF BUREAU OF LAND MANAGEMENT.—
Subject to this Act, the administration, protection,
and development of the Monument shall be exercised
under the direction of the Secretary by the Bureau
of Land Management.
(2) RELATED
PROHIBITIONS.—The Secretary
may not use the National Park Service or the Fish
and Wildlife Service to administer the Monument.
The Secretary may not include or manage the
Monument, or any portion of the Monument, as a
unit of the National Park System, the National Wil-
derness Preservation System, or the National Wild-
life Refuge System, except by express authorization
of Congress in a law enacted after the date of the
enactment of this Act.
(b) REVIEW OF INTERIM MANAGEMENT POLICY.—
The Secretary shall review the interim management policy
for the administration of the Monument, which is dated
October 1, 2001, and was prepared by the Bureau of Land
Management, to ensure the consistency of the policy with
this Act.
(c) MANAGEMENT PLAN.—Within two years after the
enactment of this Act, the Secretary shall develop a com-
prehensive plan for the long-range management of the
Monument. The plan shall be developed with full oppor-
tunity for public participation and comment and shall con-
tain provisions designed to ensure protection of the ar-
chaeological, scientific, educational, historical, ranching,
and recreational resources and values of the Monument.
(d) ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an advisory committee for the Monument, to
be known as the ‘‘Agua Fria National Monument
Advisory Committee’’, whose purpose shall be to ad-
vise the Secretary with respect to the preparation
and implementation of the management plan re-
quired by subsection (c).
(2) REPRESENTATION.—The advisory com-
mittee shall consist of eight members appointed by
the Secretary, as follows:
(A) One member appointed from nomina-
tions submitted by the Governor of the State.
(B) One member appointed from nomina-
tions submitted by the State Game and Fish
Commission.
(C) One member who is a recognized ar-
chaeologist residing in the State, appointed
from nominations supplied by institutions of
higher education in the State.
(D) One member appointed from nomina-
tions supplied by the Board of Supervisors for
Yavapai County, Arizona.
(E) One member holding a grazing permit
within the boundaries of the Monument.
(F) One member who has a recognized
background in wildlife conservation, riparian
ecology, archaeology, paleontology, or other dis-
cipline directly related to the primary purposes
for which the Monument was established.
(G) One member residing in Arizona ap-
pointed from nominations by the Inter-Tribal
Council of Arizona.
(H) One member who represents rec-
reational users of the Monument.
(3) TERMS.—Members of the advisory com-
mittee shall be appointed for terms of three years,
except that of the members first appointed, two shall
be appointed for terms of one year and three shall
be appointed for terms of two years.
SEC. 5. EFFECT ON EXISTING AND HISTORICAL USES OF
FEDERAL LANDS INCLUDED IN MONUMENT.
(a) RECOGNITION OF EXISTING USES.—The designa-
tion of the Monument by Proclamation 7263 shall not be
construed to alter the existing authorized uses of the Fed-
eral lands included in the Monument. For purposes of this
subsection, the Secretary shall treat a land use as an exist-
ing authorized land use if that land use was an authorized
use as of January 1, 2000.
(b) HUNTING, TRAPPING, AND FISHING.—The Sec-
retary shall allow hunting, trapping, and fishing on lands
and waters within the Monument in accordance with appli-
cable State law and in consultation with State agencies.
The establishment of the Monument shall neither enlarge
nor diminish the jurisdiction of the State of Arizona with
respect to fish and wildlife management within the Monu-
ment.
(c) MOTORIZED VEHICLES.—The Secretary shall
continue to allow the use of motorized vehicles on des-
ignated roads and trails within the Monument. Motorized
vehicle use off-road shall be prohibited, except for emer-
gency, administrative, or any other purpose authorized by
the Secretary. The Secretary shall also allow the use of
nonmotorized, wheeled game carriers within the Monu-
ment for the removal of downed big game.
(d) MAINTENANCE.—The designation of the Monu-
ment shall not be construed to affect the maintenance of,
or access to, rights-of-way and other easements, and the
improvements thereon, including electric transmission fa-
cilities, within the Monument.
SEC. 6. EFFECT ON GRAZING.
(a) FINDINGS.—Congress finds the following:
(1) Livestock grazing is an important historic
and traditional use of the Federal lands included in
the Monument.
(2) Continued livestock grazing on these lands
is compatible with the purposes for which the Monu-
ment was established.
(b) GRAZING.—The Secretary shall permit the graz-
ing of livestock in the Monument in accordance with all
laws (including regulations) that apply to the issuance and
administration of grazing leases and range improvements
on other land under the jurisdiction of the Bureau of Land
Management.
(c) GRAZING LEVELS.—The establishment of the
Monument shall neither diminish nor increase the author-
ized grazing levels in the Monument.
(d) ACCESS
AND IMPROVEMENTS.—The establish-
ment of the Monument shall have no impact on the ability
of grazing lease holders, their designees, and their succes-
sors in interest to maintain, develop, and construct new
stock tanks, wells, corrals, buildings, and other man-made
structures and improvements within their allotments that
are necessary for their grazing operations.
SEC. 7. LAND ACQUISITION.
The Secretary may acquire State or privately held
land or interests in land within the boundaries of the
Monument only by donation, purchase with donated or ap-
propriated funds from a willing seller, or exchange with
a willing party.
SEC. 8. EFFECT ON WATER RIGHTS.
Nothing in this Act or Presidential Proclamation
7263 of January 11, 2000, shall be construed to establish
a new or implied reservation to the United States of any
water or water-related right with respect to lands included
in the Monument. No provision of this Act or the Procla-
mation shall be construed as authorizing the appropriation
of water, except in accordance with the substantive and
procedural law of the State.
SEC. 9. EFFECT ON USE OF PRESIDENTIAL AUTHORITY TO
EXPAND MONUMENT.
(a) FURTHER EXPANSION PRECLUDED.—Subject to
subsection (c), the designation of the Monument by Presi-
dential Proclamation 7263 of January 11, 2000, and the
enactment of this Act shall preclude the use by the Presi-
dent, or any designee of the President, of the authority
provided in the Act of June 8, 1906 (commonly known
as the Antiquities Act; U.S.C. 431 et seq.), to expand by
presidential proclamation the boundaries of the Monument
to include any other Federal lands.
(b) STUDY.—Within one year after the date of the
enactment of this Act, the Secretary, in consultation with
the Secretary of the Agriculture, shall submit to the Presi-
dent a study containing such recommendations as the Sec-
retaries consider appropriate regarding any boundary
changes to the Monument that would advance the public
interest through—
(1) enhanced protection of the archaeological
resources located within the Monument and on adja-
cent lands, including National Forest System lands;
or
(2) expanded opportunities for public education
and scientific research concerning these archae-
ological resources.
(c) AUTHORIZATION OF BOUNDARY ADJUSTMENT.—
During the 90-day period beginning on the date of the
submission of the study under subsection (b), the Presi-
dent may adjust the boundaries of the Monument in light
of the recommendations contained in the study, except
that the total size of the Monument may not exceed
88,000 acres.
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