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Editorial

An NSA designation, but the right way

Make an NSA designation bill about "no land trades" and nothing else

By Carl Jackson, Editor Sedona.biz

SEDONA, AZ (November 19, 2009) - Who in Sedona wouldn't want to prevent our precious forest land from being traded for private land in, say, West Virginia that the Forest Service wants to get its hands on?

It's so simple, so obvious.

That's what the proposed NSA designation is supposed to achieve; stop land trades like that and make it law through a Congressional Act so that sleazy politicians can't make back room land-trade deals. Although Amendment 12 to the Forest Service Management Plan already prohibits forest service land trades in our area, NSA supporters say that the plan is periodically reviewed and could always be changed.

That makes sense, sort of, but a Congressional designation certainly couldn't hurt, could it?

As an added benefit, tourist maps with "National Scenic Area" printed in bold type over 160,000 acres of forest land in and around Sedona would help drive more tourists to our area.

I support an NSA designation, don't you? 

Sedona Arizona News, Jobs, Tourist Info, Classifieds, Forums - Sedona.biz

I think most people do and that's one of the reasons Mayor Rob Adams has been a strong NSA supporter, keeping his campaign promise to represent the interests of Sedona residents.

Keep Sedona Beautiful has also been one of the strongest advocates for "no land trades" for years for Sedona, sticking squarely by its mission "to preserve the unique natural environment and to enhance the quality of life for future generations."

Lately, the Democrats of the Red Rocks have become more vocal and involved, helping solicit the support of Representative Ann Kirkpatrick (D-AZ).

At an October 7, 2009 Sedona City Council meeting, the council was asked to approve a letter to Kirkpatrick's office in support of an NSA designation.  At the time, her office had not yet come out with its language for its own proposed NSA designation bill, so there was nothing for the council to review.

When Councilor Nancy Scagnelli said that she couldn't vote in favor of a letter of support for an NSA designation without reviewing the language first, NSA supporters were outraged.  After all, they said, the council wasn't being asked to draft the bill, just support the concept.

In an Oct 9, 2009 Sedona.biz article we wrote, "After four hours of listening to public input and discussion, the council voted 7-0 to authorize the mayor to send a letter to Rep. Ann Kirkpatrick (D - District 1) informing her that the council approves the land trade provisions of Amendment 12 of the Forest Service Management Plan barring land trades outside Sedona boundaries and the council will not vote to support or oppose the NSA designation until it receives a draft of NSA legislation for Sedona."

I don't think the council would have voted 7-0 if Councilor Scagnelli's thinking was out in left field, do you?

Truth be told, Councilor Scagnelli has said for years that she is concerned about the "unintended consequences" of an NSA designation.  Would it prevent municipal roads or sewer lines or whatever from being built on forest service land?  And what would happen to any proposed language once it got to Congress? Would it be twisted and changed not to our liking?

When Kirkpatrick's office finally released the draft of its NSA bill, I was sure all of the council's concerns would be addressed.

However, upon my reading of the bill, I was confused.  The section on "no land trades" was blank, except two right and left brackets.

Blank?  "Isn't this whole bill supposed to be about 'no land trades'?," I thought.

The stated objective of Kirkpatrick's bill is "protecting and preserving the scenic quality and natural resources of the Scenic Area; and restoring and enhancing the natural and historic values of the Scenic Area."

The draft bill also talks about how to handle wildfire suppression and the control of insects and disease in the Scenic Area; that the Forest Service will continue to manage the Coconino National Forest as it currently does under the Coconino National Forest Land and Resource Plan; that local municipalities, counties, and fire and school districts can continue to seek to use the Scenic Area land for local infrastructure needs; and that the creation of the Scenic Area does not in any way affect existing water rights.

There is also a provision allowing the Chapel of the Holy Cross to purchase the forest land it currently leases from the Forest Service at market rates, and that the Forest Service can use the money to acquire land within the Scenic Area.

Pretty good, except that I thought that the bill was about "no land trades."

Prior to the November 18, 2009 Sedona City Council meeting to discuss Kirkpatrick's bill, interested stakeholders worked with the Sedona city staff to draft "no trade" language and to address any outstanding concerns raised by the proposed bill.

"Okay," I thought, "They're going to propose the "no trade" language, which is a no brainer; all the bill says is it wants to preserve and protect the scenic quality of the Scenic Area, and the Forest Service is going to get boat loads of money from the Roman Catholic Church, the owner of the Chapel of the Holy Cross, that it can use to acquire land within the Scenic Area."

I was now confident that the council would approve a letter in support of the NSA.

Then, at last night's city council meeting, concerned citizens started coming out of the woodwork in droves.

One of the first speakers asked what "preserve and protect" means?  Does it mean that the Forest Service can't build recreational areas and new hiking trails on the NSA land? 

Does it mean there will be litigation every time someone wants to do something on the NSA land because no one has properly defined "preserve and protect"?

Hmmm.  Good points.  My stomach started to feel a bit queasy.

Others asked whether the NSA land could be used for schools and roads?  Although the bill says that municipalities, fire districts, and schools districts can continue to seek to use the NSA land for local infrastructure, how much use would go against the words "preserve and protect"?

Ugh.  That's troubling.

Potential city council candidate Jerry Frey asked if the private land he owns within the proposed NSA land would effectively be land-locked?

Yeah, what about that?

One speaker said that there have been situations where activity outside of an NSA area was stopped because it might harm the NSA area.  I don't think that Cottonwood will be building a smoke-stack spewing manufacturing plant next to the NSA area anytime soon, but the comment gave me pause. 

What kinds of activities next to NSA land might be prohibited?

The Sedona Fire District asked that the language on fire suppression be removed from the draft bill. Does it mean they can't drag their fire hoses in because it might hurt the vegetation and go against the definition of "preserve and protect"?

Ugh, again.

Then a speaker for Native Americans came to the podium.  Turns out the land that the Chapel of the Holy Cross sits on is sacred Indian land.  If the Roman Catholic Church buys it, does that mean it can't perform Native American ceremonies on the land anymore?  Is it right that federal Forest Land is sold to a religious institution?

Also turns out that there is no private land that the Forest Service really wants to acquire in the NSA area, so what will they do with all that money?

Where's the Pepto-Bismol?

For about 3 hours the city council worked with city staff to word-smith the proposed NSA bill's language to address these concerns and others.

When Mayor Rob Adams said that the purpose of the meeting was only to rework the bill's proposed language and nothing more, I scratched my head? 

Did the city council already say they were in support of an NSA designation, and I missed it?  Was the evening only about coming up with final language?

I looked back at our Sedona.biz prior article from the last council meeting on the NSA:  "... the council will not vote to support or oppose the NSA designation until it receives a draft of NSA legislation for Sedona."

Coming up with final language for the NSA bill, in my mind, didn't mean that the council had already voted to support it.  Working on the NSA language would be the next step, followed by a final vote, I thought.

When Councilor Scagnelli made a motion at the 11th hour to vote down support for the NSA legislation, the room went wild.  According to Mayor Adams, Councilor Scagnelli was using the same 11th hours tactics that she used when voting for continuous lighting on 89A.

Suffice it to say, it got ugly.

In my mind, Councilor Scagnelli had every right to do what she did.  She said that reworking the NSA language was not for naught because she proposed that the council's version be submitted to Kirkpatrick's office as the language the council supports should Kirkpatrick propose an NSA bill to Congress.

But Councilor Scagnelli made it clear that she wanted the council to vote against an NSA designation.

If she wasn't allowed to make the motion, wouldn't Sedona's legal council, Mike Goimarac, have said so?

If she was wrong in her thinking, would her motion have been supported in a 4-2 vote?

Councilor DiNunzio raised another concern in his vote in support of Councilor Scagnelli's motion.  He said he generally supported an NSA designation, but what if the bill they had reworked was sent to Congress, and Congress decided to amend it in a manner that the city didn't like?  What then?  It would be federal law.

Yeah, what then?

It was at that moment that I was happy to have our democratic process of checks and balances and, frankly, that Councilor Scagnelli stood up to some pretty intense public outrage.  I was also happy that a group of citizens came out to voice their concerns.

If the NSA supporters, like me, want the city council to support an NSA bill, make sure it's clear, concise, and unambiguous. 

And if the bill is supposed to be about "no land trades" make sure that's all it's about.

Readers' comments

#1 Thank you, Carl, for a thoughtful and balanced discussion of an important issue. At times the Sedona community seems unable to accept the possibility of disagreeing without being disagreeable. Your central point the way I took it was that we all agree on an ultimate objective- protection of our natural resource and its beauty- without necessarily agreeing on how this should be achieved. Alternatives each come with their own costs, be they economic development or what. It becomes a matter of balance, which may require compromise, another concept not easily understood it seems here in Sedona. How else to seek a win-win solution to a common concern? It will not come about by vilifying those you disagree with on means even though you could be partners on ends.

#2 Thank you, Carl. Well said!

#3 As a 24 year resident who treasures the scenic beauty of Sedona, I was concerned by the points you raised regarding fuzzy, unclear language affecting what we will and won't be able to do. NSA designation has been touted on the obvious - protection. Who doesn't support that? Yet, the devil is in the details, esp.language.

Why can't we believe in the people of Sedona and the existing Amendment 12 to continue to speak up and protect this land? I am deeply concerned about, as Councilwoman Scagnelli stated, unintended consequences. Thank you, Carl, for this article.

#4 Councilor Nancy Scagnelli made a motion that #1, she had a right to make, regardless of the Mayor's attempt to slam down his gavel and end all further discussion, and #2 was fair and reasonable in light of all that was heard that night and the motion required that all their changes and comments for any bill be forwarded to Congresswoman Kirkpatrick. What the heck is wrong with that? If you stand back and honestly look at all the surprises and quirks that were brought forward and exposed about unknown facts (13 acres at Slide Rock that Forest Service wants RID of, a requirement that the Catholic Church MUST buy 11 acres within 6 months!, stipulations on the local Fire District on fire fighting?, etc. etc.) you begin to see that just waving your hand and creating an NSA is not simple. And the actual back and forth adding, gutting, amending that occurred at the Council meeting for 3 hours is NOTHING compared to what lobbyists in Washington DC will do. I hope no one is so naive as to think it won't be otherwise. Folks, attorneys and lobbyists do this professionally all day long, 365 days a year back there. The Coconino Forest Plan has stopped land trades totally since adopted. Keep it and ONLY it. When it comes to Federal government, be careful what you wish for.

# 5 Thank goodness that Councilwoman Nancy Scagnelli has the courage of her convictions! There are way too many unknowns that could happen by the time Congress was finished with any legislation that may occur for this NSA designation. Let's not all lose sight of the fact that the Forest Management plan is functioning quite nicely under the auspices of a very responsible Ranger and staff of the Red Rock District. Good for you, Nancy!

#7 Carl,

Thank you for standing up for Councilwoman Scagnelli's right to make a motion to reject the NSA designation. Your words are always appreciated when our community seems to polarize itself on issues.

The concerns of the council are justified. If anyone wants to think that this offering by Rep. Kirkpatrick will remain what the Council amended, think again. Take a look at the healthcare bill submitted by the House to the Senate.

Thank you, Council, for not giving your stamp of approval to the document. The reality is that the NSA designation would bring about inflexibility within our community. Do we really need the federal government telling us how we govern ourselves?

Kathy Howe
Proud to include my name in my commentary. I just wish others would come out from behind the cloak of anonymity.

#8 A good ,balanced writeup!

Every year, Congress adds thousands of non-controversial riders to bills going through Congress with little or no debate. I think you are right in saying a simple straight-forward statement (current language of Coconino NF Plan) dealing with land exchange would be non-controversial and could easily be added as a rider to a non-related natural resource bill going through Congress. Representative Kirkpatrick could declare victory and say this has been FS policy for 15 years, it works well, and there is general agreement by the local people. We just want to put into law what has been FS policy for 15 years and is well supported.

The problem is that trying to accomplish this with a NSA is that it carries a lot of baggage. NSA's are always controversial because, in all other cases, it involves some degree of Federal control over the development of private land. Hence, in our case, we have to add so many provisions to say that it is not a typical NSA.

The only reason that I can see a need for a NSA is if it could be used as a marketing tool to get more people coming to Sedona and spending their money to boost our economy.

#9 Thank you for synthesizing the NSA issues into a single, concise statement. It has always been about protection from land trades. And thank you to Councilor Scagnelli for representing the people who elected her to make the tough calls. She obviously studied the issues, interviewed professional with expertise and experience, and articulated her position well, at least as I observed on the video. She's the leader Sedona now needs. She's not always campaigning to be well liked or stirring up support for her personal convictions. I'd like to call for Scagnelli for Mayor. The current mayor's lack of leadership skills on the council as well as continued verbalized disdain for fellow councilors has perpetuated the division in the community. A true leader listens to sides, all sides, assimilates that input with the data and enables the representatives on the dais to vote their conscience. And then--embraces the decision of the majority to move on. It's time to settle down in Sedona.

#10 For the most part, I agree with Carl’s opinions in his article. He does a service to the community by allowing true freedom of speech, and allowing both sides of the debate. However, the assumption that everyone is in favor of preventing land trades in Sedona is misguided, in my opinion.

Make no mistake about it; there are those commercial interests in the Sedona/Phoenix commercial corridor who would turn Sedona into Scottsdale North if they could. I am not making a moral judgment about their intentions—just stating an opinion. For them, the debate over “unintended consequences” of the NSA legislation is a strategic move to prevent the legislation from being drafted so that further trades can be implemented, and further development of the National Forest around Sedona can occur. This is a smart move strategically.

I was told by a reliable and responsible government official in good faith during a conversation about five years ago that, in their opinion, Soldier Wash would eventually be developed. The government official was simply trying to be candid and helpful at the time, and was stating an opinion. Obviously many things have changed since then, and the government official may have a completely different opinion at the time. However, the conversation back then underlies how vulnerable to land trades the Sedona area remains, and how unpredictable the issue truly is.

Let's start being completely honest about the issue and admit there are stakeholders who want land trades to occur, so that areas like Soldier Wash can be developed. Again, I am not making a moral judgement against those who would like to see land trades and further development. I am only asking for a completely honest debate.

In fact, if the City of Sedona were to a) develop a Master Plan based on a systems approach, that included meaningful and formalized public participation, and a rigorous environmental and social impact analysis; and b) the resulting Master Plan favored significant additional development and land trades for the long-term welfare of the community, I would support the action. But that approach is not happening.

Ron Vernesoni

#11 Come on, now. If anyone thinks Congress is going to "tinker" with the NSA bill, you're fooling yourself. This is an insignificant piece of legislation as far as the rest of the country is concerned. It's a local thing -- without a significant outlay of dollars. In those cases, Congress most assuredly will defer to the wishes of the local Representative.

Also, people are really getting way too worked up about the "unintended consequences." The federal NSA office is located in a back-room cubicle in a far-flung sector of the Department of Agriculture. The guy in charge doesn't have much to do. Believe me, this thing is as harmless as we want to make it.

#12 HERE IS SOMETHING TO CHEW ON:

No one is talking about the RUSKIN LAND TRADE. One of the largest land trades in the history of Arizona that greatly impacted the Verde Valley. THOUSANDS OF ACRES TRADED.

How did this happen? It came from Washington and totally bypassed the Verde Valley until watchful eyes screamed loud enough but by then it was too late. It had been brewing for many years.

How many other ideas like this are already "brewing" on someone's desk in Washington? We do not know.

So, if you are really worried about government taking control of what happens here - the only logical way to prevent it is to have a transparent NSA. Then "they" know they have to keep their fingers out of the pie.

The current Forest Service Plan can change at anytime - by the same people who brought us the RUSKIN LAND TRADE - no doubt about it. If you are naive enough to think we are really running the show about protecting our national forest without the NSA - remember the RUSKIN LAND TRADE - and if you don't know what it is - you might want to find out-----

Editor's addition: http://www.azcentral.com/arizonarepublic/news/articles/1116yavapai.html

Christine K. Adams

#13 Comment in response to #12 above followed by Mayor Adams Response:

#12, your comment is exactly what my editorial is about: no land trades.

However, the language that was negotiated for 3 hours was about everything but "no land trades."

KSB, DORR etc. have been saying from the beginning that the NSA bill was about "no land trades."

Kirkpatrick's bill came out and there were no public forums to vet it.  Instead, it went right to city council for a 3 hour defacto "public forum" where the public heard about a host of concerns unrelated to "no land trades."

How did that happen?

Best,
Carl Jackson

From Mayor Adams:

After Ann Kirkpatrick requested input on the NSA legislation, the City sent out letters to over 15 stakeholders, including business owners, environmental groups, Forest Service representatives, utility companies and the school district. Staff met with many of these groups to vet the language in the bill prior to the Council meeting. The draft that was presented to Council on the 18th was the result of an extensive collaborative public effort to address the concerns of the various stakeholders in regards to the language and "unintended consequences" of the bill.

When we (the Councilmembers) reviewed the bill on Nov. 18th, a vast majority of the time was spent addressing the components of the bill that were superfluous to the issue of land trades. Frankly, I was surprised that after the vetting by the various groups,  issues like fire suppression, insect control and water issues were still in the bill. I thought the audience did a good job of pointing this out and Council responded by eliminating most of this unnecessary language. The result of the Council session was a vastly pared down bill that dealt almost exclusively with "no land trades."

It is important to remember that the original bill that was sent out by Kirkpatrick was quite simple as far as bills go. After the public process (which has been ongoing since August) and the final vetting by the stakeholders and Council, the bill was almost entirely focused on "no land trades". 

We need to remember that this will not be the final version of the bill. This is simply what Kirkpatrick asked for; our recommendations and input on an NSA bill. When she reviews this input along with all of the other input that she will receive, she will redraft the bill and submit it for additional review. 

We are acting like we (in Sedona) are the end all authority on what the final version of the bill will be. That is simply not the case. We are a part of an ongoing process and everyone is getting the opportunity to be heard. I believe that the end result will accomplish what we all desire; NO LAND TRADES, permanently.

Best Regards,
Rob

#14 This whole NSA issue has been inflamed by the usual scare tactics of a small minority of Sedona stakeholders. The threat of what ifs, unintended consequences and more bureaucracy for the now protected 160,000 acres of surrounding National Forests are unfounded. Most of the ‘annoying wording’ (to the minority) came directly from Amendment 12. Amendment 12 is more secure than the same wording being folded into a Forest Service Plan due out soon – including the lands the Forest service desires or is willing to part with (Chapel). As Christine notes with the Ruskin Land Trade, the ultimate Forest Plan could be easily amended for a land trade by higher (Washington DC) power for bigger vested interests. Maybe this possibility is the point of the naysayers at the moment. Further suggestions from this minority that the present Amendment 12 boundaries are “too big” only reinforces my previous statement.
Because the NSA Bill does not have money attached, it probably will not be ‘tinkered’ with through the legislative process. However, Sierra Club leaves nothing to chance and neither did a former Sedona City Council which voted $15,000 for the NSA lobbying process a few years ago. When I spoke at the October City Council supporting the NSA, I mentioned that our entire 14,000 member Arizona Grand Canyon Chapter supports the NSA designation. With that support comes national Sierra Club Washington DC lobbying assistance to protect the integrity of the final NSA Bill as it moves through the congressional process.
Marlene Rayner
Chair, Sierra Club Sedona-Verde Valley Group

#15 RE: #14 Yeah, you betcha, now I'll sleep a WHOLE lot better knowing the National Sierra Club in Washington, D.C. will be working on this. With $15,000 approved by a previous city council?? I think citizens can see where this is going--special interests groups will re-write the NSA to protect us.

#16 Well put Carl. I agree the issue is protecting the surrounding national forest from land trades. I agree wholeheartedly with many of the reader comments here, especially writer #1. This is an important issue and requires careful consideration, compromise and balancing all perspectives and options.

The NSA concept needs further discussion and consideration. Lets get the real leaders of the Sierra Club (state/national), not the local self appointed representatives, and A. Kirkpatrick at the table. Lets talk about the pros and cons of a NSA bill, the realities of how it may change as it goes to Washington, what issues should be included in a proposed bill and explore other possible options to protect Sedona's surrounding national forest lands.

I believe we all want the same thing, lets start working together rather than against each other.
A good leader builds consensus not division. Mayor Adams' behavior at Wednesday's NSA meeting was embarrassing and childish.

I applaud Councilwoman Scagnelli for her wisdom, bravery and leadership skills and the other council members who followed her example.
Respectfully, S. Alexandera

#17 In reply to #15, noone is being divisive here. The coalition has attempted to work with all interests in public meetings and definitely sees all points of view.

I am duly elected Chair of this 500 member Sierra Group which is part of the greater Arizona Grand Canyon Chapter of the Sierra Club (14,000 members). The Chapter has already voted to support the NSA Bill. Our Chapter Director, who is very knowlegeable on Bill writing, has been here in Sedona and discussed this NSA issue in an open public meeting; she has also been at Kirkpatrick's office to discuss the Bill. Our Chapter has also authorized and obtained national Sierra people to help us follow the Bill through Committee once it is finished. Both State and National Sierra have advised us on the draft Bill wording, which the 'coalition' worked out and has emailed to Kirkpatrick's office. We expect another round of discussions when we see Kirkpatrick's next version of the Bill.

This further discussion asked for by #15 reminds me of the present health care debate and the opposition saying "Let us start over" - again. Ann Kirkpatrick did start over again and asked for input from us all. Please participate in democracy and write your comments to her by Dec 1, 2009.
Marlene Rayner
 

Readers' Comments

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