Kirkpatrick circulates draft legislation for Sedona Red Rock Scenic Area

Public comments are due no later than December 1, 2009

by Carl Jackson

SEDONA, AZ (October 30, 2009) � AZ District-1 Rep. Ann Kirkpatrick (D-AZ) has followed up on her recent promise to circulate draft legislation for public input, in a first step to stamp a National Scenic Area designation on the greater Sedona area.

This week Kirkpatrick's office sent out a bill for public comment entitled Sedona Red Rock National Scenic Area Act of 2009.

If finalized and approved by Congress, the bill would designate 160,000 acres of Coconino National Forest Land in and around Sedona a "Scenic Area."

The stated objective of the 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 lack of a draft bill from Kirkpatrick's office was the stumbling block that scuttled a recent Sedona City Council decision on whether or not to issue a letter of support for a National Scenic Area designation for Sedona.

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The proposal to make Sedona a National Scenic Area has been around for years but the reasons have shifted over time. Originally, NSA proponents reportedly wanted to prevent forest land trades for private land within the greater Sedona area. As much of the area has been developed, and less private land is available for exchange for forest land, the focus has shifted to preventing forest land within the proposed scenic area from being exchanged for private land somewhere else in the country.

More recently, some in support of an NSA designation have said that it would attract more tourists to the area.

In her cover letter to the bill, Kirkpatrick wrote, "As you know, I have been actively reviewing the proposed National Scenic Area (NSA) designation for the National Forest land around Sedona. Since being elected in November, my staff and I have met with individuals on all sides of this project.

After hearing your comments and insights on this topic, I believe the attached draft legislation will achieve a goal we are all working towards: preserving the unique natural resources in our Congressional District � one of the most beautiful and potentially productive areas of the United States."

While the draft bill addresses how to handle wildfire suppression and the control of insects and disease in the Scenic Area, the section regarding restrictions on land trades remains blank awaiting public suggestions on proposed language, something that will likely disappoint NSA proponents and continue to be a stumbling block for the Sedona City Council.

The bill also states that 1) the Forest Service will continue to manage the Coconino National Forest as it currently does under the Coconino National Forest Land and Resource Plan; 2) local municipalities, counties, and fire and school districts can continue to seek to use the Scenic Area land for local infrastructure needs; and 3) the creation of the Scenic Area does not in any way affect existing water rights.

One interesting provision relates specifically to the Chapel of the Holy Cross.

Currently, the Chapel of the Holy Cross sits on 11.2 acres of forest land that the church leases from the U.S. Forest Service (i.e., the Secretary of Agriculture). The Roman Catholic Diocese of Phoenix, Arizona has proposed purchasing the land at fair market value but there is no legal mechanism to allow it. Kirkpatrick's bill would allow the sale, and require that the land be conveyed within 180 days after the bill becomes law.

The "moneys received by the Secretary [of Agriculture] from the sale of [Chapel of the Holy Cross] land...shall be deposited in the fund established by Public Law 6 90�171 (commonly known as the Sisk Act) for use by the Secretary for the acquisition of land or interests in land from willing sellers within the Sedona-Red Rock National Scenic Area, as established by section 2. To the maximum extent practicable, the Secretary shall utilize such moneys for the authorized purposes within three years of their deposit into the Sisk Act fund."

Kirkpatrick's office asks that the public email its comments to: Sedona.NSA@mail.house.gov by no later than December 1, 2009.