Local News

MEMO FROM CONGRESSWOMAN ANN KIRKPATRICK

May 20, 2010

Mrs. Angela LeFevre
410 Oak Creek Boulevard
Sedona, AZ 86336-5637

Dear Mrs. LeFevre,

I write to let you know of progress on two pieces of legislation I introduced this year to protect our natural resources and promote economic development - H.R. 4823, the Sedona-Red Rock National Scenic Area Act, and H.R. 5110, Casa Grande Ruins National Monument Boundary Modification Act.

On June 10, 2010 the House Natural Resources Committee, Subcommittee on National Parks, Forests, and Public Lands will hold a hearing to discuss these two bills, along with other bills from other areas of the country. This is the first step in moving these bills forward - the Committee will hear from Members of Congress, local stakeholders, and the National Park Service or the Forest Service on the impacts of the bills. I hope this hearing will be a chance to share the stories of the Sedona Red Rocks area and the Casa Grande Ruins National Monument with Congress.

Both these bills are tremendous opportunities to further preserve the unique natural resources of our area and to encourage visits to the areas, driving economic development for local communities. I'm pleased that the Committee scheduled this hearing after my request to do so.

Thank you for your input and assistance throughout this process. While we have much more work before the Committee, I am pleased that these bills are moving forward and will continue to work with the Committee on our other legislative priorities. This is only the first step, but an important one in moving these bills forward. Please do not hesitate to contact my office at (928) 445-3434 if you have any questions or concerns.

Sincerely,

Ann Kirkpatrick
Member of Congress

NSA Coalition proposed revisions to draft legislation -- 2009-11-22

What follows is the result of the NSA Coalition's review of Congresswoman Ann Kirkpatrick's proposed NSA legislation. This proposal was sent to Rep. Kirkpatrick under the following cover letter:

November 14, 2009
NATIONAL SCENIC AREA COALITION
360 BREWER ROAD SEDONA, AZ 86336

The Honorable Ann Kirkpatrick United States House of Representatives
1123 Longworth House Office Building
Washington, DC 20515

Re: Sedona-Red Rock National Scenic Area

Dear Ms. Kirkpatrick:

The undersigned represent a coalition consisting of Keep Sedona Beautiful, The Sierra Club Sedona-Verde Valley, Democrats of the Red Rocks, Big Park Regional Coordinating Council, and Sedona Village Business Association who, combined, represent approximately 7,000 citizens in the Sedona/Verde Valley area. Each member of this coalition has requested that you introduce and help pass legislation to designate 160,000 acres of the Coconino National Forest as a National Scenic Area (NSA). The fact that you have sent stakeholders a draft of proposed legislation gives us great hope that you will fulfill your promise to your constituents to introduce and help pass this legislation.

We are responding to the request in your letter of October 28, 2009 that constituents comment on your draft legislation. In general, we find your proposal an excellent start; our comments consist of additions, deletions, or requests for clarification within the draft itself which is attached to this correspondence. In brief, they are as follows (the reference to "section" refers to our proposed draft):

p. 2, new Section 2, lines 1-11: We believe definitions are an important part of any legislation in order to make any future interpretation, if any, more definitive. We are particularly concerned that you define the terms "local infrastructure","local governing bodies", and "land use issues" as found in Section 3(j) NO EFFECT ON LOCAL GOVERNMENT. Please provide us with those definitions as you and/or your staff understand them.

p. 2-3, lines 22 and 1: Add a new subparagraph 3 to make it clear that one of the main purposes of this legislation is the restriction of land exchanges.

p.3, line 4: The language "in the Resource Plan" clarifies which map is being referred to.

p 3, subparagraph (d) ADMINISTRATION: Delete "of Agriculture". In Sec. 2 DEFINITIONS that designation is defined for the entire Act as well as adding the term "his/her designee". While most of us know that in this type of legislation the term "Secretary" includes those in the chain of command, some opponents have claimed this means that only the Secretary of Agriculture could handle matters under this legislation. This should make it clear that this includes the local Forest Service management. This deletion is done throughout the rest of our proposal; we have also changed "section" to "Act" to make it clear the entire Act is the governing document.

p. 3-4, lines 24-27 and 1-7: This sets forth clearly what the Secretary may not do; that is, exchange land in the Scenic Area unless the provisions of subparagraphs (1), (2)and (3) are all met. This is the most important section of the legislation and should be simple and direct.

p. 5, lines 5-9; subparagraph (i): This section must contain the proviso "Except as provided in subsection (e)" to make clear that while the Forest Service retains its right to make planning policies, they cannot include land exchanges except as provided for under this Act.

p. 5, lines 18-24; subparagraph (k) NO EFFECT ON WATER RIGHTS: A simple statement that making clear that the NSA will have no effect on existing water rights, federal or private.

Sec. 4 CHAPEL OF THE HOLY CROSS: We have no objection to this section other than to request language that if the Diocese of Phoenix purchases less than the 11.2 (11.7?) acres, "the remaining acres remain Forest Service land subject to the provisions of this Act".

Please take these recommendations into consideration when you draft the final legislation which we urge you to introduce as soon as possible.

Sincerely,
/S/ Stephen E. DeVol, President Keep Sedona Beautiful
360 Brewer Road
Sedona, AZ 86336
President@KeepSedonaBeautiful.org

/S/ Dorothy Oâ€™Brien, President Big Park Regional Coordinating Council
PO Box 2028
Sedona, AZ 86341-2028
President@BigParkCouncil.org

/S/ Kathy Nelms, President Sedona Village Business Association
PO Box 21412
Sedona, AZ 86341-1412
nkathy2143@msn.com

/S/ Marlene Rayner, Chair Sierra Club Sedona-Verde Valley
70 Whitetail Lane
Sedona, AZ 86336
marlenerayner@yahoo.com

/S/ Angela LeFevre, President Democrats of the Red Rocks
PO Box 1165
Sedona, AZ 86339-1165
aglefevre@esedona.net

[Discussion Draft]
KEY: Double underlines are additional language

Strikethroughs are deletions

_____________________________________________________________________________________________________________

111TH CONGRESS
1ST SESSION
[DISCUSSION DRAFT] H. R. _____
To establish the Sedona-Red Rock National Scenic Area in the Coconino National Forest, Arizona, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Ms. KIRKPATRICK of Arizona introduced the following bill; which was referred to the Committee on _________________
____________________________
A BILL
To establish the Sedona-Red Rock National Scenic Area in the Coconino National Forest, Arizona, and for other purposes.

1    Be it enacted by the Senate and House of Representa-
2    tives of the United States of America in Congress assembled,
3    SECTION 1. SHORT TITLE.
4    This Act may be cited as the Sedona-Red Rock Na-
5    tional Scenic Area Act of 2009.

SEC. 2. DEFINITIONS
1
2 In this Act:
3    (1) The term Resource Plan means the Coconino National Forest Land
4 and Resource Plan, dated June, 1998, as amended to the date of the Act.
5    (2) The term Scenic Area means the the Sedona-Red Rock National
6 Scenic Area established by this Act.
7    (3) The term Secretary means the Secretary of Agriculture or his/her
8 designee.
9    (4) The term local infrastructure means_______________________
10    (5) The term local governing bodies means ____________________
11    (6) The term land use issues means ___________________________

12. SEC.3. SEDONA-REDROCK NATIONAL SCENIC AREA,
13. 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) protecting and preserving the scenic quality and natural resources of the Scenic Area; and
(2) restoring and enhancing the natural and historic values of the Scenic Area.
(3) providing for the restriction of exchanges of land in the Scenic Area
(b) BOUNDARIES. The Scenic Area shall consist of approximately 160,000 acres of land in the Coconino National Forest, Arizona, as generally depicted in the Resource Plan on the map entitled Planning Area Overview and dated June 1998.
(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 Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. 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 section Act and the laws and regulations generally applicable to the National Forest System. In the event of conflict between this section Act and such other laws and regulations, this section Act shall take precedence.
(e) RESTRICTION ON EXCHANGES OF LAND IN THE SCENIC AREA. The Secretary of Agriculture may shall not exchange National Forest System land in the Scenic Area
if unless:
(1) The exchange results in the acquisition of National Forest Land in the Scenic Area from a willing seller; and
(2) An environmental analysis, including an opportunity for public comment thereon, is completed in accordance with the Resource Plan before the exchange; and
(3) The exchange does not divest any landowner of any portion of its boundary with the Scenic Area.
(f) WILDFIRE SUPPRESSION. A wildfire in the Scenic Area shall be suppressed
(1) in a manner consistent with the purposes of the Scenic Area; and
(2) using such means as the Secretary of Agriculture determines to be appropriate to save lives
and personal property.
(g) CONTROL OF INSECTS AND DISEASE. The Secretary of Agriculture may control insect and plant or ani- mal disease outbreaks in the Scenic Area
(1) to maintain scenic quality;
(2) to prevent tree mortality;
(3) to reduce hazards to visitors; or
(4) to protect private property.
(h) NO EFFECT ON SURROUNDING LAND. The establishment of the Scenic Area does not affect the management of
(1) State, municipal, or private land located in the vicinity of the National Forest System land that is included in the Scenic area; or
(2) National Forest System land that is not included in the Scenic Area.
(i) NO EFFECT ON FOREST SERVICE PLANNING POLICIES. Except as provided in subsection (e), this Act, the establishment of the Scenic Area does not affect the Coconino National Forest Land and Resource Plan. , as in effect on the day before the date of the enact-
ment of this Act.
(j) NO EFFECT ON LOCAL GOVERNMENT DISCRETION. The establishment of the Scenic Area does not affect the discretion of local governing bodies (including counties, municipalities, and fire and school districts) to seek assistance from the Secretary of Agriculture with respect to the resolution of local infrastructure and land use issues that involve National Forest System land within the Scenic Area.
(COMMENT: THIS SECTION J NEEDS MORE EXPLANATION, CLARIFICATION & APPLICABLE DEFINITIONS)
(k) NO EFFECT ON WATER RIGHTS. The establishment of the Scenic Area does not
(1) create, an express or implied reservation by the United States of any water or water rights for
the purposes specified in subsection (a); or
2) modify or otherwise affect any existing water rights.
SEC. 3 4. CHAPEL OF THE HOLY CROSS LAND SALE, COCONINO NATIONAL FOREST, ARIZONA.
1    (a) CONVEYANCE REQUIRED. Not later than 180
2    days after the date of enactment of this Act, the Secretary
3    of Agriculture shall convey, by sale, to the Roman Catholic
4    Diocese of Phoenix, Arizona (in this section referred to
5    as the Diocese), all right, title, and interest of the
6    United States in and to a parcel of land in the Coconino
7    National Forest, Arizona, consisting of the approximately
8    11.2 acres, as generally depicted on the map entitled
9    Chapel of the Holy Cross Parcel, Sedona, Arizona and
10    dated October 2009.
11    (b) CONSIDERATION. As consideration for the con-
12    veyance of the parcel under subsection (a), the Diocese
13    shall pay to the Secretary an amount equal to the fair
14    market value of the parcel, as determined by the Secretary
15    through an appraisal performed in accordance with
16    (1) the Uniform Appraisal Standards for Fed-
17    eral Land Acquisitions; and
18    the Uniform Standards of Professional Ap-
19    praisal Practice (USPAP).
20    (c) USE OF SALE PROCEEDS. Moneys received by
21    the Secretary from the sale of land under subsection (a)
22    shall be deposited in the fund established by Public Law
23    90-171 (commonly known as the Sisk Act) for use by the
24    Secretary for the acquisition of land or interests in land
25    from willing sellers within the Sedona-Red Rock National
26    Scenic Area, as established by section 2. To the maximum
27    extent practicable, the Secretary shall utilize such moneys
1    for the authorized purposes within three years of their de-
2    posit into the Sisk Act fund.
3    (d) MINOR ERRORS. The Secretary and the Diocese
4    may make, by mutual agreement, minor boundary adjust-
5    ments in the parcel directed for sale under subsection (a).
6    If there is a conflict between any map, acreage estimate,
7    or a description of the land under this section, the map
8    shall control unless the Secretary and the Diocese mutu-
9    ally agree otherwise.
(COMMENT: SECTION 4 NEEDS TO MAKE CLEAR THAT ANYTHING THAT IS NOT INCLUDED IN THIS PURCHASE IS INCLUDED IN THE SCENIC AREA)