[DOCID: f:sr173.110]
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Calendar No. 371
110th Congress Report
SENATE
1st Session 110-173
======================================================================
WALNUT CANYON STUDY ACT OF 2007
_______
September 17, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 722]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 722) to direct the Secretary of the
Interior and the Secretary of Agriculture to jointly conduct a
study of certain land adjacent to the Walnut Canyon National
Monument in the State of Arizona, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Walnut Canyon Study Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Walnut
Canyon Proposed Study Area'' and dated July 17, 2007.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(3) Study area.--The term ``study area'' means the area
identified on the map as the ``Walnut Canyon Proposed Study
Area''.
SEC. 3. STUDY.
(a) In General.--The Secretaries shall conduct a study of the study
area to assess--
(1) the suitability and feasibility of designating all or
part of the study area as an addition to Walnut Canyon National
Monument, in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c));
(2) continued management of the study area by the Forest
Service; or
(3) any other designation or management option that would
provide for--
(A) protection of resources within the study area;
and
(B) continued access to, and use of, the study area
by the public.
(b) Consultation.--The Secretaries shall provide for public comment
in the preparation of the study, including consultation with
appropriate Federal, State, and local governmental entities.
(c) Report.--Not later than 18 months after the date on which funds
are made available to carry out this Act, the Secretaries shall submit
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that describes--
(1) the results of the study; and
(2) any recommendations of the Secretaries.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act.
PURPOSE
The purpose of S. 722, as ordered reported, is to direct
the Secretary of the Interior and the Secretary of Agriculture
to jointly conduct a study of approximately 31,000 acres of
land adjacent to Walnut Canyon National Monument in northern
Arizona to evaluate a range of future management options.
BACKGROUND AND NEED
Walnut Canyon National Monument was established on November
30, 1915, by Presidential Proclamation to preserve the
prehistoric ruins of ancient cliff dwellings in northern
Arizona. The monument was expanded in 1938 and 1996 and now
encompasses approximately 3,600 acres. The purposes for which
the national monument was originally established have been
expanded to include protection of natural and cultural
resources that are known to be significant to contemporary
native tribes and the ecological communities and geological
resources that make the canyon an outstanding scenic resource.
The archeological and prehistoric resources preserved in the
national monument are nearly pristine, and provide not only
scientific opportunities but also challenges for preservation.
The national monument and the adjacent Coconino National Forest
also provide for important habitat and open space around
Flagstaff.
For several years, local communities adjacent to the
national monument have debated how the land surrounding the
monument would be best protected from future development. The
Coconino County Board of Supervisors and the Flagstaff City
Council have passed resolutions concluding that a Federal study
is the preferred method to determine the appropriate management
of land surrounding the monument.
The National Park Service released a Draft General
Management Plan for Walnut Canyon National Monument for public
comment in 2003. Many of the issues identified for resolution
in S. 722 were also identified in the Draft GMP. The plan is
being revised to address comments about boundary issues, and is
expected to be completed later this year.
The Forest Service has developed a Land Resource Management
Plan for the Coconino National Forest, amended in early 2003,
that closed the study area to motorized access and removed the
land encircling the Monument from consideration for sale or
exchange.
As ordered reported, S. 722 will authorize National Park
Service and the Forest Service to jointly study the National
Forest lands adjacent to the monument and to submit the study
results and agency recommendations to the Congressional
committees within 18 months after the date of enactment.
LEGISLATIVE HISTORY
S. 722 was introduced by Senators McCain and Kyl on March
1, 2007. The Subcommittee on National Parks held a hearing on
S. 722 on April 26, 2007 (S. Hrg. 110-88).
Similar legislation was considered by the Committee during
the 109th Congress, S. 556, also sponsored by Senators McCain
and Kyl. The Subcommittee on National Parks held a hearing on
S. 556 on June 28, 2005 (S. Hrg. 109-101).
At its business meeting on July 25, 2007, the Committee on
Energy and Natural Resources ordered S. 722 favorably reported,
with an amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on July 25, 2007, by a voice vote of a quorum
present, recommends that the Senate pass S. 722, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 722, the Committee adopted
an amendment in the nature of a substitute. The amendment
provides for a study to be conducted jointly by the National
Park Service and the Forest Service in accordance with the
standard study authorities for both agencies. The amendment is
explained in detail in the section-by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Walnut Canyon
Study Act of 2007.''
Section 2 defines key terms used in the bill.
Section 3(a) requires the Secretary of the Interior and the
Secretary of Agriculture to jointly conduct a study of the area
identified on the referenced map to assess the suitability and
feasibility of designating all or part of the study area as an
addition to Walnut Canyon National Monument; to assess
continued management of the study area by the Forest Service;
or any other designation or management option that would
provide for protection of resources within the study area and
continued public use and access.
Subsection (b) requires the Secretaries to provide for
public comment in the preparation of the study, including
consultation with appropriate Federal, State, and local
governmental entities.
Subsection (c) requires the Secretaries to issue a report
to the congressional committees within 18 months after the date
of enactment, describing the results of the study and any
agency recommendations.
Subsection (d) authorizes the appropriation of such sums as
are necessary to carry out this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
August 7, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 722, the Walnut
Canyon Study Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Tyler
Kruzich.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 722--Walnut Canyon Study Act of 2007
S. 722 would direct the Department of Interior (DOI) and
the U.S. Department of Agriculture (USDA) to conduct a joint
study to determine the suitability and feasibility of
designating certain land as an addition to Walnut Canyon
National Monument or another land management option that would
protect resources and public access to such land. Based on
information from DOI and USDA, CBO estimates that implementing
S. 722 would cost less than $500,000, subject to the
availability of appropriated funds. Enacting the legislation
would not affect direct spending or revenues.
S. 722 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 contacts for this estimate are Tyler Kruzich
and David Reynolds. The estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 722. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 722, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the National Park Service at the
April 26, 2007 Subcommittee hearing on S. 722 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Administration's views on S. 722, a bill to direct the
Secretary of the Interior and the Secretary of Agriculture to
jointly conduct a study of certain lands adjacent to the Walnut
Canyon National Monument in the State of Arizona.
The Administration does not object to the enactment of S.
722. In testimony before this subcommittee in the 109th
Congress, the Administration also did not object to the
enactment of S. 556, an almost identical bill. However, the
Administration believes that funding should be directed first
toward completing and implementing ongoing studies.
S. 722 would direct the Secretary of the Interior and the
Secretary of Agriculture to conduct a study of approximately
31,000 acres surrounding Walnut Canyon National Monument
(monument). The bill would direct the Secretaries to utilize a
third-party consultant to prepare a draft study and designate a
lead agency to conduct the study. The study would evaluate a
range of options to manage Federal and State lands adjacent to
the monument in the long term in order to protect the resources
and maintain public use and access to this area of Arizona, as
well as respect the rights of private property owners that are
within the study area.
S. 722 would direct the Secretaries, as well as local land
managers, the Flagstaff City Council and the Coconino County
Board of Supervisors to review and provide the third-party
consultant with comments on the draft study. The bill also
requires a report that includes findings, conclusions, and
recommendations for future management of the study area to be
transmitted by the Secretaries to Congress no later than 18
months after appropriations are made available. The bill would
authorize $350,000 to carry out S. 722.
Walnut Canyon National Monument was established on November
30, 1915, by Presidential Proclamation with the specific
purpose of preserving the prehistoric ruins of ancient cliff
dwellings. The monument was expanded in 1938 and 1996 and now
occupies approximately 3,600 acres. The purposes for which the
area was originally established have expanded to include
protection of natural and cultural resources that are known to
be significant to contemporary native tribes and the ecological
communities and geological resources that make the canyon an
outstanding scenic resource. The monument and the surrounding
lands of the Coconino National Forest provide a significant
natural sanctuary and greenbelt surrounding the city of
Flagstaff.
During the last few years, the National Park Service has
been completing a General Management Plan (GMP) for Walnut
Canyon National Monument. The final version of the GMP will be
released for 30 day public review later this year. Many of the
issues identified for resolution in S. 722 are also identified
as needs in the GMP including addressing the history of this
boundary issue and the planning efforts that area governments
have been making that would affect the quality and values of
the monument.
For several years, local communities adjacent to the
monument have debated how the land surrounding the monument
would be best protected from future development. A number of
years ago, the Coconino County Board of Supervisors and the
Flagstaff City Council passed resolutions concluding that the
preferred method to determine what is best for the land
surrounding the monument is by having a federal study
conducted. Included within the lands to be studied that
surround the monument are approximately 2,000 acres of State
trust lands. Our understanding is that Arizona law prohibits
State lands to be donated and that the Arizona Supreme Court
has determined that the Arizona Constitution prohibits the
disposal of certain State land except through auction to the
highest and best bidder. Should the study's conclusions involve
these types of actions concerning State lands, we would have to
await a determination on how the citizens of Arizona and their
representatives would recommend proceeding.
We understand the concern that National Forest System (NFS)
lands between the Monument and the City of Flagstaff might
eventually be sold or exchanged originally prompted local
support for this proposed study. The proposed study area is
within two miles of the campus of Northern Arizona University
and is a prime recreation area for students, as well as for
Flagstaff area residents. In fact, the area is the second most-
used area for recreation in the greater Flagstaff area, behind
only the San Francisco Peaks.
In 2003, the Coconino National Forest amended its Land and
Resource Management Plan, resulting in a decision to provide
for closure of the area to motorized access and to remove the
land encircling the Monument from consideration for sale or
exchange. The Flagstaff-area Regional Land Use and
Transportation Plan (RLUTP), approved by the Flagstaff City
Council and the Coconino County Board of Supervisors in 2002,
limits growth and does not allow for development within the
study area. RLUTP specifically precludes two key sections of
Arizona State Trust land between Flagstaff and the Monument as
suitable for development. Those lands are identified in the
plan for open space and greenways.
Mr. Chairman, I would like to note that since this bill was
first introduced, a great deal of cooperative planning work has
been accomplished by the National Park Service, U.S. Forest
Service, State of Arizona, Coconino County, and the City of
Flagstaff to achieve the bill's objectives.
If the Committee moves forward with S. 722, Section 4 may
need to be amended to specify that the draft study be available
for public comment. Additionally, section 4(e)(2) should also
be revised to require the Secretaries to ``submit to Congress a
report that includes recommendations, if any, for the future
management of'' certain lands adjacent to the Walnut Canyon
National Monument in the State of Arizona, consistent with the
Recommendations Clause of the Constitution. We will be happy to
work with the Committee on the suggested amendments.
Mr. Chairman, that completes my prepared remarks. I would
be happy to answer any questions that you or other members of
the subcommittee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 722, as ordered
reported.
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