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Michael Ward intends to run for the Sedona City Council in 2010.

Congress should implement the National Scenic Area Designation

by Michael Ward, Candidate for Sedona City Council

MARK YOUR CALENDAR:  NSA PANEL DISCUSSION ON MAY 6, 2009 in SEDONA

SEDONA, AZ - April 21, 2009 - In 1998, the Forest Service, with the input of the community, created Amendment 12, amending the current Coconino National Forest Plan for the management of 160,000 acres of Red Rock lands in the greater Sedona area. Of the various provisions of Amendment 12, a restriction on land trades in the Sedona area has been the primary benefit as perceived by the public.

In 2007, the Coconino National Forest was mandated to revise their forest plan. The Forest Service staff has since been working on evaluating components of the forest plan that should be changed. They are still in the early stages of developing a template and draft language for the revised plan with which to begin soliciting public input.

Land Trades - 1983 Small Tract Act (Public Law 97-465)

Under the 1983 Small Tract Act (Public Law 97-465), the National Forest Service (NFS) has the authority to sell or trade a scattered and isolated tracts of national forest system land, provided it is valued at under $150,000 and in parcels of less than 40 acres. The authority to sell or trade land under the Small Tracts Act has been delegated to the Forest Supervisor.

Land trades are an important management tool used by the NFS to acquire private lands within the national forests. The process involves trading national forest lands along the periphery of the national forests for private lands, often termed in-holdings, located within the national forests. These in-holdings were homesteaded before the creation of the national forest. The consolidation of the in-holdings into the national forests enhances the NFS’s ability to manage national forest lands.

Amendment 12

Amendment 12 was deliberately written to serve as a management plan when and if a National Scenic Area (NSA) designation were enacted for the Sedona area (
click for pop-up map). An important provision of Amendment 12 restricts land trades between state-owned or privately-owned lands, and Forest Service lands, within a designated 160,000- acre area in and around Sedona. For the protection of private land holders within the designated area, Amendment 12 does allow the exchange of forest land within the designated area for existing privately-owned land also within the designated area.

The restrictions outlined in Amendment 12 do not affect rights by governmental agencies to use the forest lands within the designated area for such public purposes as water supply tanks, road building, and communications. Amendment 12 also does not restrict the rights of governmental agencies to purchase or exchange lands less than or equal to 10 acres within the designated area for for such public purposes as schools or municipal uses.

Coconino National Forest Plan

The current Coconino National Forest Plan is being revised following U.S. Forest Service regulations. The new revised plan is expected to be completed and implemented by the spring of 2011. Because of the intense community interest in maintaining the protections afforded by Amendment 12, the intention of the Coconino National Forest is to incorporate provisions of Amendment 12 into the proposed revised Forest Plan. The proposed revised plan has not yet been developed but as the plan evolves, the public will be encouraged to provide comments. The following link provides a progress diagram and status of the plan: http://www.fs.fed.us/r3/coconino/projects/plan-revision-2006/timeline.shtml

National Scenic Area Designation

Forest Plans are scheduled for revision every 15 years and although amendments are possible, both proposed plan revisions and plan amendments would require National Environment Policy Act (NEPA) analysis and associated public input. Consideration for a NSA designation for the area in and around Sedona predates the formulation of Amendment 12. The NSA designation bill (see link below), as currently written with the aid of Senator McCain’s and former Representative Renzi’s offices, does not require any funding authorization, does not add an additional layer of government, and does not relinquish any local control by either the NFS or local governing bodies. NSA designation, as with Amendment 12, does not affect rights by governmental agencies to use the forest lands within the designated area for such public purposes as water supply tanks, road building, and communications.

Because of uncertainties about the development of the Coconino National Forest Plan, its review, potential future amendments, and its 15-year revision cycle, Keep Sedona Beautiful has lead a community effort for a NSA designation by Congress to help to ensure that the land trade restrictions of Amendment 12 would be more durable. The provisions of the proposed NSA designation include only those provisions that relate to the control of land trades.

My Position

It is in the best interests of Sedona that the National Scenic Area designation be implemented to insure that the protections against land trades of the national forest lands in and around Sedona be independent of future forest plan revisions and amendments.

Sources of information:

Yewah Lau, Coconino National Forest Supervisor’s Office in Flagstaff

Coconino National Forest Website

Stephen DeVol, President, Keep Sedona Beautiful

Keep Sedona Beautiful Website - http://keepsedonabeautiful.org

The NSA Bill wording - http://keepsedonabeautiful.org/SRRNSA_ReadBill.pdf

Readers' comments

# 1 Anyone who has lived here in the Village of Oak Creek for more than a few years should realize that we need an alternate route to Sedona. The NSA Designation is an attempt to block any construction of a bridge over Oak Creek. If the Keep Sedona Beautiful coalition were so adamant about their opposition to a bridge, where were they last year when a private concern installed one over Oak Creek near Catherdral Rock? Yes, there already is a bridge although you and I are not privy to it. I will not support any candidate who opposes an alternate route.

#2 And I won't vote for any city council candidate who continues to push for a bridge at Red Rock Crossing.

How sad that this issue continues to polarize us.

Red Rock Crossing is outside city limits. Our county supervisor has said it's a dead issue as far as he's concerned. And yet CFAR continues to buy themselves council members, who continue to vote for study after study after study until they can get the result they want. Let's STOP wasting tax payer money to try to build a bridge most citizens of Sedona DON'T want.

A National Scenic Area designation is a good idea. Clearly, we can't trust local politicians to protect Sedona's landscapes.

#3 Has anybody given any consideration to the extra traffic that an NSA designation would add to Sedona and Oak Creek Canyon? Has anybody researched what has happened to other areas with an NSA designation? Was the Forest Service in favor of the NSA designation in their plan? At what cost to the community will an NSA designation bring?

#4 The facts is this: National Scenic Area is a Trojan Horse. Amendment 12 of the Coconino Forest Plan is being adopted completely into the new plan--it is no longer just an "amendment" adopted eleven years ago. Land trades within fifteen miles of Sedona were prohibited by Amendment 12, as it's called, when it was agreed to in 1998 by every interest group around--environmentalists, ranchers, hikers, hunters, and REALTORS(yes, even the REALTORS). It's working beautifully just as it was intended.

The proposed National Scenic Area would effectively take local control away and hand it over to the U.S. Congress. Yes, those 535 members who recently told us all that they didn't know what was in the bank bailout bill, that they didn't know about allowing million dollar bonuses, that they didn't know that . . . HA! You get it. Once we hand local control over to Washington D.C. lobbyists you can kiss it all goodbye. You won't get an alternate route, you won't get athletic fields or solar power out at the Sedona wastewater plant. Why? Because it's now all "scenic area" and attorneys for the nay saying obstructionists are ready to roll. We don't need more Federal anything right now.

#5 Knowing first-hand how Washington DC decision making process works with the high risk of the end results getting distorted and shaped into something much different than the original idea, I am very much against turning this issue over to Washington DC to handle and determine what's best for us locals. There are dozens of special interest groups in Washington who have an agenda and stands ready to add their special interest provisions to any bill that passes through Congress remotely related to their interest. The National Environmental Groups would likely pounce on any Congressional NSA bill with their special interest provisions. And, they have many Members of Congress, who stand ready to do their work for them.

To me, people who support this legislation are, in effect, saying I don't trust the judgment of local people in the future under the FS very open planning process. Afterall, we've done pretty good job of it for the past 15 years. Why try to trump our good work up to now and assume that future generations can't be trusted to maintain the beauty of the Sedona area. Personally, I opt for community involvement on this issue under the very open FS planning process over the many hazards associated with the Congressional decision making process that would result in a permanent decision, short of another law by Congress.
 

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