S. 722

Walnut Canyon Study Act of 2007

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II

Calendar No. 371

110th CONGRESS

1st Session

S. 722

[Report No. 110–173]

IN THE SENATE OF THE UNITED STATES

March 1, 2007

Mr. McCain (for himself and Mr. Kyl) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 17, 2007

Reported by Mr. Bingaman, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

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.

1.

Short title

This Act may be cited as the Walnut Canyon Study Act of 2007.

2.

Purposes

The purposes of this Act are—

(1)

to authorize a study of the study area to evaluate public uses and public values; and

(2)

to obtain recommendations for options for the management of the public uses and protection of resources of the study area.

3.

Definitions

In this Act:

(1)

Map

The term map means the map entitled Walnut Canyon Proposed Study Area and dated July 17, 2003.

(2)

Monument

The term Monument means the Walnut Canyon National Monument in the State of Arizona.

(3)

Public use

The term public use, with respect to the study area, includes—

(A)

livestock grazing;

(B)

hunting;

(C)

access to forested areas;

(D)

bird watching;

(E)

camping;

(F)

driving for pleasure on roads and trails;

(G)

firewood gathering;

(H)

general exercise;

(I)

group uses;

(J)

hiking;

(K)

horseback riding;

(L)

hunting;

(M)

mountain biking;

(N)

painting;

(O)

rock climbing;

(P)

sightseeing;

(Q)

skiing;

(R)

snowmobiling;

(S)

target practice, as permitted;

(T)

walking with pets; and

(U)

wildlife viewing.

(4)

Public value

The term public value, with respect to the study area, includes—

(A)

geologic features;

(B)

historic sites;

(C)

potential urban development;

(D)

prehistoric sites;

(E)

riparian communities;

(F)

scenery;

(G)

scientific education;

(H)

solitude and serenity;

(I)

vegetation diversity;

(J)

watershed health;

(K)

wildfire hazard reduction for healthy forests;

(L)

wildlife and wildlife habitat;

(M)

fee-free access; and

(N)

recreational uses.

(5)

Secretaries

The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.

(6)

Study area

The term study area means the area identified on the map as Walnut Canyon Proposed Study Area, consisting of 30,818 acres, of which—

(A)

24,987 acres is Federal land in Coconino National Forest;

(B)

2,037 acres is State land;

(C)

214 acres is private land; and

(D)

3,580 acres is the Monument.

4.

Study

(a)

In general

The Secretaries shall conduct a study of the study area.

(b)

Requirements

The study shall evaluate—

(1)

the significance of the resources and public values of the study area as the resources and public values pertain to—

(A)

the management objectives of the Forest Service; and

(B)

the management objectives of the National Park Service;

(2)

the opportunities for maintaining existing public uses; and

(3)

a range of options for managing and conserving resources by the National Park Service or the Forest Service, or by both agencies acting jointly, including the suitability and feasibility of—

(A)

a boundary adjustment to the Monument;

(B)

designation of the study area as a National Recreation Area;

(C)

maintaining the study area as managed by the Forest Service; and

(D)

any other designation or management option that will accomplish both the protection of resources and the maintenance of public use and access for the study area.

(c)

Consultation

In conducting the study, the Secretaries shall—

(1)

designate a lead agency;

(2)

consult with appropriate Federal, State, county, and local government entities;

(3)

contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and

(4)

collaborate with the persons identified in subsection (d) in developing a scope of work for the draft study under the guidance of the third-party consultant.

(d)

Review

The Secretaries, the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and the Coconino County Board of Supervisors shall—

(1)

review the draft study prepared by the third-party consultant; and

(2)

provide to the third-party consultant comments on the draft study.

(e)

Report

Not later than 18 months after the date on which funds are first made available to carry out this Act, the Secretaries shall submit to Congress a report that—

(1)

describes the findings and conclusions of the study conducted under this section; and

(2)

makes a recommendation for the future management of the study area.

(f)

Effect

Nothing in this Act affects the management of the land depicted on the map.

(g)

Authorization of appropriations

There is authorized to be appropriated to carry out this Act $350,000.

1.

Short title

This Act may be cited as the Walnut Canyon Study Act of 2007.

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.

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.

September 17, 2007

Reported with an amendment