Santa Cruz Valley Carolyn Loder, Manager, Mineral Rights & Public Land

July 26, 2019 Manufacturer’s Association

fcx.com Guiding Questions

1. What is a National Heritage Area?

2. How did the Santa Cruz Valley get Designated? - Designated Agency - Management Plan - GAO Audit and Findings

3. What is this new NHA?

2 1. What is a National Heritage Area?

. Designated individually by Congress

. is the agency for oversight

. Places with nationally significant natural, scenic, cultural, historical and recreational resources • nationally important landscape

. NPS works with the “designated entity” to prepare a Management Plan • approved by Secretary of Interior • no veto power by Governor

. Statutes do not define an NHA • definition is defined by the Management Plan

3 National Heritage Areas (NHA)

55 NHAs in 34 states started in 1983

4 National Heritage Areas

. $150k – $750k/annually

. $10,000,000 maximum/NHA . $1,000,000 maximum/ year

. 50% cost-sharing • includes in-kind

. Assistance terminates - after 15 years April, 2019 Requests for Extension

. Administered by NPS in DC and six regional offices - Anchorage, San Francisco, Denver, Omaha, Philadelphia and Atlanta

5 Types of National Heritage Areas

. Single Focus . Rivers of Steel, PA . Silos & Smokestacks, IA . Oil Region, PA

. Power & Water . Sacramento-San Joaquin Delta, CA . Cache Lapoudre River, CO . Ohio & Erie Canalway, OH . Niagara Falls

. Historical/Cultural . Abraham Lincoln, Central IL . , AZ – 2002 ( crossing, downtown Yuma and historic neighborhoods) . Freedom’s Way, North Central MA and So. NH . Crossroads of the American Revolution, NJ

6 Types of NHA’s continued

. Natural/Environmental/Ecosystems . South Park, CO - buffalo, fishing, & alpine plants . Muscle Shoals, north Alabama – Tennessee River . Great Basin, White Pine County & Millard County, UT . Sangre de Cristo, CO - upper headwaters of the Rio Grande

. Recreational/Tourism/Historical/Cultural/Environmental . Cane River, northwest LA o preserve and interpret cultural landscapes o conserve living cultures; resource preservation o Indian, French, Spanish, African & American cultures o maintain the rural character o designate scenic routes, historic homes o preserve the Red River Valley ecosystem

7 Opposed/Withdrawn NHA’s

. Caddo Lake, TX & LA (stretching from the Red River in north Caddo Parish to the city of Jefferson in Marion County, Texas) • not designated; died in Congress

. Canyons and Plains, southeast CO (6 counties) • southeast Colorado Private Property Rights Council formed to oppose designation • all counties opposed designation

. Crooked Road, southwest VA • counties passed resolutions opposing designation • not designated

8 Opposed/Withdrawn NHA’s

. Columbia-Pacific coastal areas of Clatsop and Pacific counties – WA & OR (aka North Beach Peninsula) . not designated

. Yuma Crossing, AZ – 2002 (Colorado River crossing, downtown Yuma and historic neighborhoods) • Designated – but, former Rep. Richard Pombo (CA) issued a critical statement attached to the bill: • “When the Yuma Crossing National Heritage Area was authorized in 2000, the public in Yuma County did not understand the scope of the project and were surprised by the size of the designation. The fear of adverse impacts on private property rights were realized when local government agencies began to use the … [NHA] Boundary to determine zoning restrictions”.

9 Pending

. Chaco Cultural Heritage Area Protection Act • proposes a 10 mile Protection Zone - 909,000 acres around the Chaco Culture National Historical Park • H.R. 2181 - Rep. Lujan (NM), Vice-Chair, Rep. Haaland (NM), Chair, Rep. Grijalva (AZ) and Rep. Gallego (AZ) • Passed House Natural Resources Committee - July 24, 2019 • withdrawal of 316,076 acres of “oil, natural gas, coal and other minerals - exempts Indian Tribes/members

10 2. How did Santa Cruz Valley get Designated?

. 2003 - locals in Pima and Santa Cruz discussed ways to preserve and promote the cultural, historic and natural landscape that make up the watershed of the Santa Cruz River • 80 people met once a month in Tubac.

. 2007–2018 - Rep. Raul Grijalva introduced the Santa Cruz Valley National Heritage Act legislation • to protect natural, historical, cultural, educational, scenic and recreational resources 2007 – H.R. 1885 2009 – H.R. 324 2011 – H.R. 2037 2013 – H.R. 1349 2015 – H.R. 2925 2018 – H.R. 6522

11 How did Santa Cruz Valley ... continued

. 2019 - Senate Bill 47

• John D. Dingell Jr. Conservation, Management & Recreation Act aka Natural Resources Management Act of 2019

• permanently authorized the Land & Water Conservation Fund

• designated 1.3 million acres of wilderness and withdrew 400,000 acres

• Rep. Grijalva inserted “Santa Cruz Valley National Heritage Area” – becomes Public Law No, 116--9, Section 6001 (3); Rep. Grijalva dedicated NHA on May 4, 2019

12 Santa Cruz Valley NHA Boundary

SANTA CRUZ VALLEY NHA - Pima and Santa Cruz Counties - November 13, 2007

- 3,300 sq. miles - 2,112,000 acres

13 Santa Cruz Valley NHA Boundary

State, Federal and Tribal Lands

- parts of Tohono O'odham Nation - San Xavier Indian Reservation - Pascua Yaqui Indian Reservation - Organ Pipe Cactus National Monument - Ironwood Forest National Monument - Saguaro National Park - Davis-Monthan Air Force Base

14 Santa Cruz Valley NHA Boundary

Federal and Tribal Lands

- 1,077,487 acres - 1,684 sq. miles

What if: 10 mile buffer = 314 square miles or 200,960 acres

15 Santa Cruz Valley - Stakeholders

Advocates: • Tucson • Save the Scenic Santa Ritas • Marana • Tohono O’odham Nation • Nogales • Pascua Yaqui Tribe ($50k) • South Tucson • Archeology Southwest • Patagonia • Center for Biological Diversity • U of A • Farmers Investment Co. ($5k) • Homebuilders • Patagonia Area Resource Alliance • County of Pima & County of • Arizona Mining Reform Coalition Santa Cruz ($15k) • Conservation CATalyst • Santa Fe Ranch • Sky Island Alliance • Green Valley Pecan Co. • Earthjustice • Hopi Tribe Other: • American Policy Center • Sierra Club • Citizen’s Alliance for • Marana Property Rights • Oro Valley • National Center for Public • Sahuarita Policy Research

Steve Brown, Save the Scenic Santa Ritas

16 Designated Entity

. Santa Cruz Valley Heritage Alliance, Inc., nonprofit - Vanessa Bechtol, Executive Director (also Sr. Director of Community Partnerships, Visit Tucson)

• 3 years to submit Management Plan to Secretary of Interior

• “The Head of any Federal agency, planning to conduct activities that may have an impact on a NHA, must consult and coordinate the activities with the designated agency, to the maximum extent practicable.”

• must comply with NEPA (CE, EA or EIS), National Historic Preservation Act, Endangered Species Act, Floodplain Management and Wetland Protections, Executive Orders 11738 and 11990 . . .

17 Management Plan

. Must protect, enhance, and interpret the natural, cultural, historical, scenic and recreational resources

. Must take into consideration Tribal plans

. Must inventory resources to be preserved, restored, managed, or maintained

. Must identify policies and strategies regarding land and water management

. Must develop intergovernmental and interagency cooperative agreements

18 Management Plan continued

. WHAT IT Doesn't DO? • Does not require private property owners to participate • Does not require access to private lands • Does not alter any existing/approved land use plan • Does not convey any land use or other regulatory authority to the designated agency • Does not authorize or imply the reservation or appropriation of water or water rights • Does not diminish the authority of the State to manage fish and wildlife • Does not allow direct acquisition of private property, except as authorized by Congress

19 GAO Report – Findings – all NHA’s

. Park Service has not: 1) reviewed NHA’s financial reports 2) developed consistent standards for reviewing plans 3) developed results-oriented goals and measures 4) required the areas to adopt a similar approaches. Response: Park Service lacks direction and funding.

. Park Service key management controls are missing and does not monitor the implementation of the terms in the cooperative agreements. Response: Park Service lacks direction and funding.

20 3. What is this New NHA?

. A new Layer

. New Consultation; Local, State & Tribal Consultation

. New Permits will be reviewed for Impacts on the NHA • right-of-ways, solar, etc.

. New Planning and Preservation Programs

. New Protection Plans

. Landscape Scale Planning and Management

21 3. What is this New NHA?

. Stepping Stone to the next Designation? • Wilderness Study Area to Lands with Wilderness Characteristics to Wilderness Designation to Withdrawal • Monument to National Park • National Conservation Area (National Landscape Conservation System) to Cooperative Management and Protection Area to Outstanding Natural Area to Monument to National Park • Will this NHA be designated a National Recreation (Tourism) Area? A UNESCO site?

• Additional Trails, Amenities and Special Purpose Designations? - National Scenic and Historical Trails -- Arizona National Trail & National Historic Trail - Sun Corridor Trail – proposed - Scenic Rivers

22 What is this New NHA? continued

. Will Air Quality, Dark Night Sky, Scenic Values, Soundscapes and Groundwater be a factor in the Management Plan that will require Accommodation?

. Will Arizona’s 5 C’s be included in the Management Plan? • Senator McSally put in Congressional Record that they must be included.

. Who is in Charge? What is their Vision?

. How will the NHA influence Zoning and Land Use Planning. Will it influence it in ways that will Restrict Owner’s Use of their Property

. Does it create legal uncertainty for investors?

23 What is this New NHA? continued

. How will impacts on the NHA be measured? • Rep. Grijalva states, “The Act . . .specifies that the parties involved will encourage, by appropriate means, economic viability that is consistent with the National Heritage Area”.

. Will it lead to the establishment of Buffer Areas, Transition Zones, Protection Zones and/or ‘Landscape Level Conservation’?

. When President Ronald Regan dedicated the nation's first National Heritage Area in Illinois in 1984, he called it a "new kind of national park."

24 Conclusion: Stop, Look & Listen

25 Santa Cruz Valley NHA Boundary continued

Mines and the Arizona National Trail

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