I
106TH CONGRESS
1ST SESSION
H. R. 2795
To establish the Shivwits Plateau National Conservation Area in the State
of Arizona, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1999
Mr. STUMP (for himself, Mr. HANSEN, Mr. MCKEON, Mr. WALDEN of Oregon,
Mr. SHADEGG, Mrs. CUBIN, Mr. CALLAHAN, Mr. HAYWORTH, Mr.
YOUNG of Alaska, Mr. BAKER, Mr. HEFLEY, Mr. DOOLITTLE, Mr. GIB-
BONS, Mr. HILL of Montana, Mr. EVERETT, Mr. SKEEN, Mr. HERGER,
Mr. BURTON of Indiana, Mr. POMBO, Mr. SESSIONS, Mr. COLLINS, Mr.
TAUZIN, Mr. COOKSEY, Mr. SALMON, Mr. TANCREDO, and Mr. SCHAF-
FER) introduced the following bill; which was referred to the Committee
on Resources
A BILL
To establish the Shivwits Plateau National Conservation
Area in the State of Arizona, 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 AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Shivwits Plateau National Conservation Area Establish-
ment Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I—SHIVWITS PLATEAU NATIONAL CONSERVATION AREA
Sec. 101. Definitions.
Sec. 102. Establishment of Shivwits Plateau National Conservation Area, Ari-
zona.
Sec. 103. Administration of conservation area.
Sec. 104. Effect on existing and historical uses of Federal lands included in
conservation area.
Sec. 105. Acquisition of land.
Sec. 106. Mineral assessment program and relationship to mining laws.
Sec. 107. Ecological restoration and protection.
Sec. 108. Effect on water rights.
Sec. 109. Road improvements to enhance access to conservation area.
Sec. 110. Archaeological, historical, and scientific survey.
Sec. 111. Authorization of appropriations.
TITLE II—LAND RESTORATION AND CONVEYANCES
Sec. 201. Public lands restoration and demonstration project, Arizona Strip/
Southern Utah Restoration Area.
Sec. 202. Land conveyances, certain Bureau of Land Management lands in Ari-
zona and Utah.
Sec. 203. Authorization of appropriations.
TITLE I—SHIVWITS PLATEAU NA-
TIONAL CONSERVATION AREA
SEC. 101. DEFINITIONS.
In this title:
(1) CONSERVATION
AREA.—The term ‘‘con-
servation area’’ means the Shivwits Plateau National
Conservation Area established by section 102.
(2) ADVISORY COMMITTEE.—The term ‘‘advi-
sory committee’’ means the Shivwits Plateau Na-
tional Conservation Area Advisory Committee estab-
lished under section 103(d).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Bu-
reau of Land Management.
SEC. 102. ESTABLISHMENT OF SHIVWITS PLATEAU NA-
TIONAL CONSERVATION AREA, ARIZONA.
(a) ESTABLISHMENT.—In order to protect the re-
moteness, native biodiversity, and ecological richness of
the Federal lands in the area in the State of Arizona
known as the Shivwits Plateau and to increase the public
awareness, outdoor recreation use, and enjoyment of this
area, while also preserving the ranching lifestyle and
maintaining the existing, historic, and traditional multiple
uses of this area, there is hereby established the Shivwits
Plateau National Conservation Area in the State of Ari-
zona.
(b) AREA INCLUDED.—The conservation area shall
consist of the Federal lands and interests in lands depicted
on the map entitled ‘‘Shivwits Plateau National Conserva-
tion Area’’, as revised April 19, 1999. The Secretary shall
revise the boundaries of the Lake Mead National Recre-
ation Area in the manner provided in section 2 of Public
Law 88–639 (16 U.S.C. 460n–1) to reflect the inclusion
in the conservation area of lands excluded from the Lake
Mead National Recreation Area by this subsection.
(c) PREPARATION OF LEGAL DESCRIPTIONS.—Not
later than 100 days after the date of the enactment of
this Act, the Secretary shall prepare legal descriptions of
the Federal lands and interests in lands included in the
conservation area under subsection (b). In case of a con-
flict between the map referred to in subsection (b) and
the legal descriptions, the map shall control.
(d) PUBLIC AVAILABILITY.—The map referred to in
subsection (b) and the legal descriptions prepared under
subsection (c) shall be on file and available for public in-
spection in the offices of the Secretary of the Interior, the
Arizona State Director of the Bureau of Land Manage-
ment, and the appropriate Bureau of Land Management
field offices.
SEC. 103. ADMINISTRATION OF CONSERVATION AREA.
(a) USE OF BUREAU OF LAND MANAGEMENT.—The
administration, protection, and development of the con-
servation area shall be exercised under the direction of the
Secretary by the Bureau of Land Management, subject
to this title.
(b) PROHIBITION ON USE OF OTHER DEPARTMENT
OF THE INTERIOR AGENCIES.—The Secretary may not
use the National Park Service or the Fish and Wildlife
Service to administer the conservation area or otherwise
include the conservation area, or any portion thereof, as
a unit of the National Park System or the National Wild-
life Refuge System, except by express authorization of
Congress contained in a law enacted after the date of the
enactment of this Act.
(c) MANAGEMENT PLAN.—Subject to the require-
ments of section 104, the Secretary shall prepare a man-
agement plan for administration and use of the conserva-
tion area. In preparing the plan, the Secretary shall com-
ply with the goals and objectives identified in the 1992
Arizona Strip Resource Management Plan, the Parashant
Interdisciplinary Plan, the Mt. Trumbull Interdisciplinary
Plan, and the Rangeland Standards and Guidelines devel-
oped by the Arizona Resource Advisory Council, which are
designed to ensure the protection of existing uses of the
lands included in the conservation area.
(d) ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an advisory committee for the conservation
area, to be known as the Shivwits Plateau National
Conservation Area Advisory Committee, whose pur-
pose shall be to advise the Secretary with respect to
the preparation and implementation of the manage-
ment plan required by subsection (c).
(2) REPRESENTATION.—The advisory com-
mittee shall consist of 9 members appointed by the
Secretary as follows:
(A) A grazing permittee in good standing
with the Bureau of Land Management who has
maintained a grazing allotment within the
boundaries of the conservation area for not less
than five years.
(B) The chairperson of the Kaibab Band
of Paiute Indians.
(C) An individual with a recognized back-
ground in ecological restoration, research, and
application, to be appointed from nominations
supplied by Northern Arizona University.
(D) The Arizona State Land Commis-
sioner.
(E) An Arizona State Game and Fish
Commissioner.
(F) A resident of the State of Utah not
holding an elected office, to be appointed from
nominations supplied by the Arizona Strip Re-
gional Planning Task Force.
(G) A representative of a recognized envi-
ronmental organization.
(H) A local elected official from the State
of Arizona, to be appointed from nominations
supplied by the Arizona Strip Regional Plan-
ning Task Force.
(I) A local elected official from the State
of Utah, to be appointed from nominations sup-
plied by the Arizona Strip Regional Planning
Task Force.
(3) TERMS.—Members of the advisory com-
mittee shall be appointed for terms of three years,
except that, of the members first appointed, 3 mem-
bers shall be appointed for a term of 1 year and 3
members shall be appointed for a term of 2 years.
A member may be reappointed to serve on the advi-
sory committee upon the expiration of the member’s
current term.
SEC. 104. EFFECT ON EXISTING AND HISTORICAL USES OF
FEDERAL LANDS INCLUDED IN CONSERVA-
TION AREA.
(a) IN GENERAL.—The designation of the conserva-
tion area shall not be construed to alter the existing au-
thorized uses or rights to use of the Federal lands included
in the conservation area. For purposes of this subsection,
the Secretary shall treat a land use as an existing author-
ized land use if that land use was an authorized use as
of January 1, 1999, was an historical or traditional use
of lands included in the conservation area, or was a right
of use as of January 1, 1999.
(b) HUNTING, TRAPPING, AND FISHING.—The Sec-
retary shall permit hunting, trapping, and fishing on lands
and waters within the conservation area in accordance
with applicable State law.
(c) ACCESS TO STATE AND PRIVATE LANDS.—If any
State or privately owned land or any valid mining claim
or other valid occupancy is within the boundaries of the
conservation area, or if State or private subsurface rights
underlie public lands within the conservation area, the
Secretary shall provide the State or private owner, claim-
ant, or occupier and their successors in interest such
rights as may be necessary to assure adequate, reasonable,
and economically feasible access for economic and other
purposes to the site concerned.
(d) MAINTENANCE OF ROADS, TRAILS, AND STRUC-
TURES.—In the case of all existing and historical road-
ways, jeep trails, and paths located in the conservation
area, the Secretary shall maintain or allow the mainte-
nance of the roadways, trails, and paths to standards ca-
pable for sustaining at least the same level of use as in
existence as of the date of the enactment of this Act.
(e) GRAZING.—The Secretary shall permit grazing on
lands within the conservation area at least to the same
extent as was permitted on such lands during calendar
year 1998. The Secretary shall ensure that persons hold-
ing grazing permits for lands within the conservation area,
their designees, and their successors in interest have unre-
stricted access to buildings, stock tanks, corrals, and other
man-made structures within their allotments that are nec-
essary for their grazing operations. The Secretary shall
guarantee grazing permit holders the right to maintain ex-
isting improvements and to create new improvements
needed for grazing operations.
(f) OVERFLIGHTS.—The Secretary shall permit air-
craft and helicopter overflights of lands and landings with-
in the conservation area at least to the same extent as
was permitted over such lands during calendar year 1998.
SEC. 105. ACQUISITION OF LAND.
(a) ACQUISITION
AUTHORIZED; METHODS.—The
Secretary shall acquire State or privately held land or in-
terests in land within the boundaries of the conservation
area only by—
(1) donation;
(2) purchase with donated or appropriated
funds from a willing seller; or
(3) exchange with a willing party.
(b) EXCHANGE.—During the 2-year period beginning
on the date of the enactment of this Act, the Secretary
shall make a diligent effort to acquire, by exchange, from
willing parties all private lands, subsurface rights, and
valid mining claims within the conservation area. If an ex-
change requested by a property owner is not completed
by the end of the period, the land owner who requested
the exchange may, at any time after the end of the period,
declare that the owner’s private lands, subsurface rights,
or valid mining claims within the conservation area have
been taken, or partially taken, by inverse condemnation
and seek compensation from the United States in the ap-
propriate United States district court in Arizona or Utah.
(c) VALUATION
OF
PRIVATE
PROPERTY.—The
United States shall pay the fair market value for any in-
terests or partial interests in property acquired under this
section. The value of the property shall be assessed as if
the conservation area did not exist.
SEC. 106. MINERAL ASSESSMENT PROGRAM AND RELA-
TIONSHIP TO MINING LAWS.
(a) ASSESSMENT PROGRAM REQUIRED.—
(1) DESCRIPTION OF MINERAL ASSESSMENT.—
Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall assess the oil,
gas, coal, and other mineral potential on Federal
lands in the conservation area in order to expand the
data base with respect to the mineral potential of
the lands. The mineral assessment program shall in-
clude reconnaissance level geophysical mapping, re-
connaissance level geologic mapping, surface sam-
pling of soils, water, and rock for gold, silver, plat-
inum group metals, copper, zinc, lead, molybdenum,
and uranium. Those areas that are identified as hav-
ing one or more mineral anomalies shall be further
assessed using diamond core and test drilling and
laboratory analysis of selected core specimens.
(2) DEFINITION.—In paragraph (1), the term
‘‘core and test drilling’’ means the extraction by
drilling of subsurface geologic samples in order to
assess the metalliferous or other mineral values of
geologic terrain, but shall not be construed as in-
cluding exploratory drilling of oil and gas test wells.
(b) CONSULTATION AND PEER REVIEW.—
(1) CONSULTATION AND EXCHANGE OF INFOR-
MATION.—To the maximum extent practicable, the
Secretary shall consult and exchange information
with the Governor of the State of Arizona and the
Arizona Department of Mines and Mineral Re-
sources regarding the responsibilities of the Sec-