[106th Congress Public Law 538]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ538.106]
[[Page 114 STAT. 2563]]
Public Law 106-538
106th Congress
An Act
To establish the Las Cienegas <<NOTE: Dec. 6, 2000 - [H.R.
2941]>> National Conservation Area in the State of Arizona.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 16 USC 460ooo.>> DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Conservation area.--The term ``Conservation 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 established by section 2(a).
(3) Management plan.--The term ``management 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. <<NOTE: 16 USC 460ooo-1.>> ESTABLISHMENT OF THE SONOITA VALLEY
ACQUISITION PLANNING DISTRICT.
(a) In General.--In order to provide for future acquisitions of
important conservation land within the Sonoita Valley region of the
State of Arizona, there is hereby established the Sonoita Valley
Acquisition Planning 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, including 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 control. 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
[[Page 114 STAT. 2564]]
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. <<NOTE: 16 USC 460ooo-2.>> PURPOSES OF THE ACQUISITION PLANNING
DISTRICT.
(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 accordance with the
management plan. Such public lands shall become part of the Conservation
Area when they become contiguous with the Conservation Area.
(c) Fish and Wildlife.--Nothing in this Act shall be construed as
affecting the jurisdiction or responsibilities of the State of Arizona
with respect to fish and wildlife 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 boundaries 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 within the Acquisition Planning District
with that of surrounding county, State, and private lands consistent
with the provisions of subsection (d).
SEC. 4. <<NOTE: 16 USC 460ooo-3.>> 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 future generations the unique and
nationally important aquatic, wildlife, vegetative, archaeological,
paleontological, scientific, cave, cultural, historical, recreational,
educational, scenic, rangeland, and riparian resources and values 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
Arizona.
(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
Conservation 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,
[[Page 114 STAT. 2565]]
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 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.
(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. <<NOTE: 16 USC 460ooo-4.>> 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 resources 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, including this Act.
(b) Uses.--The Secretary shall allow only such uses of the
Conservation Area as the Secretary finds will further the purposes for
which the Conservation Area is established 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 emergency, 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 enactment 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 designation 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.--Nothing 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.
[[Page 114 STAT. 2566]]
(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 Arizona State wildlife management agency, may issue regulations
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 insects or disease within the Conservation Area.
(i) No Buffer Zones.--The establishment of the Conservation Area
shall not lead to the creation of protective 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 mining laws,
and from operation of the mineral leasing and geothermal leasing laws
and all amendments thereto.
SEC. 6. <<NOTE: 16 USC 460ooo-5.>> MANAGEMENT PLAN.
(a) Plan Required.--Not <<NOTE: Deadline.>> 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 purposes for which it is
established, as set forth in section 4(a). Consistent with the
provisions of this Act, the management plan shall be developed--
(1) in consultation with appropriate departments of the
State of Arizona, including wildlife and land management
agencies, with full public participation;
(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 objectives for the Conservation Area
[[Page 114 STAT. 2567]]
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 Arizona, with emphasis on the
preservation of the resources of the Conservation Area and the
interpretive, 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 Conservation
Area, prepared in consultation with appropriate 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 appropriate lands
within the Conservation Area;
(8) recreation management strategies, including motorized
and nonmotorized dispersed recreation opportunities for the
Conservation Area, prepared in consultation with appropriate
departments of the State of Arizona;
(9) cave resources management strategies prepared 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 Conservation Area, or any
portion of such a road or trail, is removed, consideration shall
be given to providing 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, including 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 Policy and Management Act
of 1976 (43 U.S.C. 1737(a)).
SEC. 7. <<NOTE: 16 USC 460ooo-6.>> LAND ACQUISITION.
(a) In General.--
(1) Priority to conservation easements.--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 authorized to acquire
privately held lands or interest in lands within the boundaries
[[Page 114 STAT. 2568]]
of the Acquisition Planning District only from a willing seller
through donation, exchange, or purchase.
(3) County lands.--The Secretary is authorized 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 authorized to
acquire lands or interest in lands owned by the State of
Arizona located within the boundaries of the Acquisition
Planning District only with the consent of the State and
in accordance with State law, by donation, exchange, or
purchase.
(B) Consideration.--As consideration for the
acquisitions by the United States of lands or interest
in lands under this paragraph, the Secretary shall pay
fair market value for such lands or shall convey to the
State of Arizona all or some interest in Federal lands
(including buildings and other improvements on such
lands or other Federal property other than real
property) or any other asset of equal value within the
State of Arizona.
(C) Transfer of jurisdiction.--All Federal agencies
are authorized to transfer jurisdiction of Federal lands
or interest in lands (including buildings and other
improvements on such lands or other Federal property
other than real property) or any other asset within the
State of Arizona to the Bureau of Land Management for
the purpose of acquiring lands or interest in lands as
provided for in this paragraph.
(b) Management of Acquired Lands.--Lands acquired under this section
shall, upon acquisition, become part of the Conservation Area and shall
be administered as part of the Conservation Area. These lands shall be
managed in accordance with this Act, other applicable laws, and the
management plan.
SEC. 8. <<NOTE: Deadlines. 16 USC 460ooo-7.>> REPORTS TO CONGRESS.
(a) Protection of Certain Lands.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall submit to
Congress a report describing the most effective measures to protect the
lands north of the Acquisition Planning District within the Rincon
Valley, Colossal Cave area, and Agua Verde Creek corridor north of
Interstate 10 to provide an ecological link to Saguaro National Park and
the Rincon Mountains and contribute to local government conservation
priorities.
(b) Implementation of This Act.--Not later than 5 years after the
date of the enactment of this Act, and at least at the end of every 10-
year period thereafter, the Secretary shall submit to Congress a report
describing the implementation of this Act, the condition of the
resources and values of the Conservation Area, and the progress of the
Secretary in achieving the purposes for
[[Page 114 STAT. 2569]]
which the Conservation Area is established as set forth in section 4(a).
Approved December 6, 2000.
LEGISLATIVE HISTORY--H.R. 2941:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-934 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 5, considered and passed House.
Oct. 27, considered and passed Senate.
<all>