[House Report 111-599]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-599
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SEDONA-RED ROCK NATIONAL SCENIC AREA ACT OF 2010
_______
September 16, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 4823]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 4823) to establish the Sedona-Red Rock National
Scenic Area in the Coconino National Forest, Arizona, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sedona-Red Rock National Scenic Area
Act of 2010''.
SEC. 2. SEDONA-RED ROCK NATIONAL SCENIC AREA, COCONINO NATIONAL FOREST,
ARIZONA.
(a) Establishment.--There is established in the Coconino National
Forest, Arizona, the Sedona-Red Rock National Scenic Area (in this
section referred to as the ``Scenic Area'') for the purposes of--
(1) limiting exchanges of land involving National Forest
System land included in the Scenic Area; and
(2) managing the National Forest System land included in the
Scenic Area as provided in the land and resource management
plan for the Coconino National Forest.
(b) Boundaries.--The Scenic Area shall consist of approximately
160,000 acres of National Forest System land in the Coconino National
Forest, as generally depicted on the map entitled ``Sedona-Red Rocks
National Scenic Area'' and dated June 7, 2010. The Scenic Area shall
not include any land located outside the boundaries of the Coconino
National Forest.
(c) Map and Boundary Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
file a map and boundary description of the Scenic Area with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate. The map and
boundary 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 the map and description. The map and
boundary description shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(d) Administration.--The Secretary of Agriculture shall administer
the Scenic Area in accordance with this Act, the land and resource
management plan for the Coconino National Forest (including any
subsequent amendment or revision of the plan), and the laws and
regulations generally applicable to the National Forest System. In the
event of conflict between this Act and such other laws and regulations,
this Act shall take precedence.
(e) Restriction on Scenic Area Land Exchanges.--With regard to
acquisitions of land for public purposes, land exchanges that dispose
of National Forest System land included in the Scenic Area may occur
only if--
(1) the exchange results in the acquisition of land within
the boundaries of the Scenic Area from a willing seller for
inclusion in the Scenic Area;
(2) there is no net loss of National Forest System land
within the boundaries of the Scenic Area; and
(3) an environmental analysis in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
consistent with the applicable forest plan amendment is
completed before any land exchange within the boundaries of the
Scenic Area.
(f) Deposit of Consideration From Certain Land Sales; Use.--
(1) Deposit of proceeds.--Moneys received by the Secretary of
Agriculture from the sale or exchange of land located in the
Coconino National Forest shall be deposited in the fund
established by Public Law 90-171 (commonly known as the Sisk
Act; 16 U.S.C. 484a).
(2) Use of funds.--Notwithstanding the limitations on the use
of moneys deposited in the fund established by Public Law 90-
171, moneys deposited under paragraph (1) shall be available
for use by the Secretary of Agriculture, without further
appropriation and until expended, for the acquisition of land
or interests in land within the National Forest System in
Arizona.
(g) No Effect on Surrounding Land, Roads, or Easements.--The
establishment of the Scenic Area does not affect--
(1) the maintenance or use of public, private, or Forest
Service roads within the Scenic Area;
(2) the legal status, maintenance, or use of rights-of-way
and utility easements within the Scenic Area;
(3) the management of State, municipal, or private land
located in the vicinity of or within the boundaries of the
Scenic Area;
(4) the management of National Forest System land that is not
included in the Scenic Area; or
(5) the construction or siting of transportation projects or
water projects (and associated facilities) within the Scenic
Area or in areas outside the Scenic Area.
(h) No Cause of Action.--Nothing in this Act creates a private cause
of action in any Federal, state or tribal court.
PURPOSE OF THE BILL
The purpose of H.R. 4823 is to authorize the establishment
of the Sedona-Red Rock National Scenic Area in the Coconino
National Forest in Arizona.
BACKGROUND AND NEED FOR LEGISLATION
The Red Rock Country of Sedona is located within the
Coconino National Forest (Forest) in northern Arizona. It is
made up of a stunning array of red sandstone formations that
appear to glow in brilliant reds and oranges when illuminated
at sunrise and sunset. These Red Rocks form a breathtaking
backdrop to the town of Sedona, which has helped to turn this
once-small ranching town into a popular and booming tourist
destination known for world-class hiking, mountain biking and
motorized off-road vehicle recreation.
While tourism has become the driving economic force in the
area, it has brought with it increased pressures on the health
of the Forest, and on the preservation of the famous Red Rock
views. A dramatic increase in visitors to the Forest has
resulted in the degradation of trails, watersheds and pristine
areas, while rapid development on the Forest's edge threatens
the scenic vistas of the Red Rocks.
H.R. 4823 would protect approximately 160,000 acres of Red
Rock Country, within and surrounding Sedona, by designating it
a National Scenic Area. It would establish, in the Forest, the
``Sedona-Red Rock National Scenic Area'' (NSA) for the purposes
of: (1) restricting land exchanges involving the National
Forest land within the Scenic Area; and (2) managing the NSA as
provided in the land and resource management plan for the
Forest (for conservation purposes).
The bill includes a description of the boundary providing
that the NSA will consist only of National Forest land.
Further, it directs that land exchanges that dispose of
National Forest land within the NSA may occur only if the
exchange results in: (1) the acquisition of land, within the
boundaries of the NSA, from a willing seller, for inclusion in
the NSA, and (2) no net loss of National Forest land within the
boundaries of the NSA. It also requires that an environmental
analysis be completed before any such exchange.
H.R. 4823 specifically provides that the establishment of
the NSA shall not impact surrounding land, roads or easements,
nor will it impact utility easements, the management of state,
municipal or private land, or the management of surrounding
National Forest land.
COMMITTEE ACTION
H.R. 4823 was introduced by Representative Ann Kirkpatrick
(D-AZ) on March 11, 2010. The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. At a
June 10, 2010, hearing before the Subcommittee, a
representative from the Forest Service testified in support of
the bill with minor technical changes.
On July 22, 2010, the Subcommittee was discharged from
further consideration of H.R. 4823 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Raul Grijalva (D-AZ) offered an amendment in the
nature of a substitute that references a new map, updated on
June 7, 2010. The amendment in the nature of a substitute also
provides for the NSA to be managed in accordance with the land
and resource management plan of the Coconino National Forest,
as well as any future amendments or revisions to the plan.
Finally, the amendment in the nature of a substitute provides
that any land exchanges authorized under this bill must be done
in accordance with the National Environmental Policy Act, and
consistent with the Coconino National Forest Plan.
Subcommittee Ranking Member Rob Bishop (R-UT) offered an
amendment to the amendment in the nature of a substitute to
provide that nothing in the Act will create a private cause of
action. The amendment was agreed to by voice vote. The
Committee notes that the amendment does not limit the ability
to file litigation regarding management of the NSA pursuant to
any other statute.
Rep. Bishop then offered a further amendment to the
amendment in the nature of a substitute on behalf of Rep. Jeff
Flake (R-AZ), to provide that nothing in this Act will impact
the construction of transportation projects around and within
the NSA. The amendment was agreed to by voice vote.
The amendment in the nature of a substitute, as amended,
was then agreed to by voice vote. The bill, as amended, was
then ordered favorably reported to the House of Representatives
by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article IV, section 3 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to establish
the Sedona-Red Rocks National Scenic Area in the Coconino
National Forest in northern Arizona.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 4823--Sedona-Red Rock National Scenic Area Act of 2010
H.R. 4823 would designate 160,000 acres of land near
Sedona, Arizona as a National Scenic Area. Under the bill, the
Forest Service could only exchange federal land within the
scenic area for nonfederal land that is also located within the
scenic area. Based on information from the Forest Service, CBO
estimates that implementing the legislation would have no
significant impact on the federal budget. Enacting the
legislation would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
Under current law, the Forest Service already restricts
land exchanges within the proposed scenic area in accordance
with the Coconino National Forest Plan. Based on information
from the Forest Service, CBO expects that, under current law,
no land exchanges would occur on those lands over the next 10
years. Thus, CBO estimates that implementing the legislation
would not affect direct spending. CBO also estimates that any
additional costs associated with managing the scenic area would
be negligible.
H.R. 4823 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 4823 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.