Federal land withdrawals are only applicable to federal lands or interests in land and do not have jurisdiction over private or state properties including inholdings. Consider this excerpt from the Sonoan Desert NM proclamation: NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by the authority vested in me by section 2 of the Act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 431), do proclaim that there are hereby set apart and reserved as the Sonoran Desert National Monument, for the purpose of protecting the objects identified above, all lands and interest in lands owned or controlled by the United States within the boundaries of the area described on the map entitled Sonoran Desert National Monument attached to and forming a part of this proclamation. The Federal land and interests in land reserved consist of approximately 486,149 acres, which is the smallest area compatible with the proper care and management of the objects to be protected. The Ironwood proclamation includes the same language and similar language is provided in the Military Lands Withdrawal Act of 1999, which states: Subject to valid existing rights and except as otherwise provided in this title, all lands and interests in lands within the boundaries established at the Barry M. Goldwater Range, referred to in paragraph (3), are hereby withdrawn from all forms of appropriation under the general land laws, including the mining laws and the mineral leasing and geothermal leasing laws and latter goes on to define the lands withdrawn as: The public lands and interests in lands withdrawn and reserved by this subsection comprise approximately 1,650,200 acres The proclamations for the national monuments in Arizona also include the following provision: "Lands and interests in lands within the monument not owned by the United States shall be reserved as a part of the monument upon acquisition of title thereto by the United States." This provision signals that the United States has an intent to acquire both private and state inholdings but does not yet either own or have jurisdiction over these properties. The statement also provides that once acquired inholdings would immediately become the part of the national monument and the subject to the full terms of the withdrawal and reservation that established the monument. Thus, Arizona can continue to lease State Trust Lands in the BLM monuments for livestock grazing. The State also could choose to lease or dispose of these lands for other economic purposes including uses such as housing development, which would require disposal of the property to the developer that would radically alter the natural character of both the developed parcels and the
surrounding federal monument lands. Ironically, the BLM could be placed in the position of having to allow the development of a new road across federal land in a monument, even though the road may be adverse to the environment and purposes of the monument. Such a road could be constructed if it is necessary to provide reasonable access to a state or private inholding that was otherwise inaccessible as a result of surrounding federal land. Similarly, the BLM also could be compelled to allow the construction of utilities across federal monument property to serve state or private inholdings. The fact is that because of its fractured mosaic of federal, state, and private land the integrity of Ironwood Forest NM potentially could be severely degraded or even rendered mute by the development of inholdings. In the case of military land withdrawals/reservations, such as for the Goldwater Range, the federal government often exercises its power under the Constitution to acquire inholdings through (1) purchase from a willing seller, (2) condemnation followed by lease or purchase, or (3) exchange. In these cases, the requirement that DOD have full jurisdiction and control over all property within the military reservation prompts the government to provide the necessary funds to acquire inholdings, by the force of a legal taking if necessary. My understanding from talking with URS people working on Ironwood Forest NM is that the BLM does not anticipate having the funds needed for the purchase of inholdings in the monument in the foreseeable future even if there are willing sellers. This is simple a national priorities issue. The purchase of conservation easements or acquisitions through land exchanges appear to be more likely courses of actions but these options cannot be compelled from unwilling land owners or the State. Land exchange would require the federal government to yield land outside of the monument for inholdings inside the monument. The State Land Department apparently has signaled a willingness to consider acquisition proposals for trust lands from the BLM but has not promised to not allow other parties to acquire these properties. However, the State would apparently prefer to assign disposal priorities for its lands to those parcels closest to I-10 first and only allow private acquisition a parcels closer to or in Ironwood as the development front advances in that direction. This strategy has been pursued by the State Land Department elsewhere in the state and has generally yielded steadily appreciating land values and growing revenues to the state. The table below includes the draft goals, objectives, and alternatives for managing lands and realty that are under consideration for Ironwood Forest NM Resource Management Plan.
Table 2-14. Description of the Resource Management Alternatives for Lands and Realty Desired Outcomes: Management Goals and Objectives NO ACTION (Common to All) Goals COMMON TO ALL ACTION ALTERNATIVES Goal: No LUP-level goals for lands and realty are presented in the existing land use plans. NO ACTION (Common to All) Goal 1: Secure non-federal land and interests in land to further the natural and cultural resource and public and administrative access goals for the monument. Goal 2: Manage utility corridors and rights-of-way to avoid or minimize impacts on monument resources. Objectives COMMON TO ALL ACTION ALTERNATIVES Objective: No LUP-level objectives for lands and realty are presented in the existing land use plans. Objective 1: Acquire lands and conservation easements from willing sellers. Objective 2: Construction and maintenance activities for utilities will occur in locations that utilize established rights-ofway and corridors (if applicable) so that they do not conflict with the natural and cultural resource goals for the monument. Objective 3: Develop standards (best management practices) for right-of-way construction / maintenance management (e.g., to control noxious weeds). Objective 4: Manage the transportation system to accommodate access needs for authorized uses, and identify restrictions to prevent conflicts where needed. Objective 5: Develop/acquire conservation easements, as opportunities arise, that (1) contain ecologically or administratively important areas (e.g., riparian movement corridors); (2) expand undisturbed blocks of public land; or (3) protect existing blocks of habitat. Decisions for Management Actions, Allowable Uses, and Use Allocations Alternative A (No Action) Action Alternative B (Most Conservative/ Most Restrictive) Action Alternative C Land Tenure Land Tenure Land Tenure Land Tenure 1. Retain public lands (surface and subsurface estate) in the Silverbell RCA. 2. Pursue acquisition of all state land in the Silverbell RCA 1. Retain all Federal land (surface and subsurface) except in special instances where land exchanges can be utilized to further the natural and cultural resource goals of the monument. 2. Acquire non-federal land or interests in land throughout the Action Alternative D (Least Conservative/ Least Restrictive) 2. Same as Alternative B. 2. Same as Alternative B.
primarily through exchange. NOTE: This decision is only partially valid; all land within the IFNM will be retention area, so exchange would likely require disposal of BLM land outside the IFNM to get State Trust Land within the IFNM. Consider acquisition of private land in the Silverbell RCA on a case-by-case basis. Acquire 1,140 acres of State and private land in the Waterman Mountains Area of Critical Environmental Concern. Retain 15,188 acres in the Sawtooth Mountains and acquire 640 acres of State land, outside the RCAs, as a CRMA with state or local agencies. Acquire up to 2,280 acres of private and State land in the Agua Blanco Ranch Multiple Resource Management Area. Acquire up to 13,227 acres of private and State land in the Cocoraque Butte- Waterman Mountains Multiple Resource Management Area. Acquire up to 7,630 acres of state and private land in the Silver Bell Desert Bighorn monument based on the following criteria : The land provides habitat for T&E species, State species of special concern, and BLMsensitive species. The land exhibits unique vegetative resources. The land provides ecologically important areas (e.g., habitat corridors). There are known cultural resource sites present. The land provides recreational opportunities that do not exist elsewhere within the monument. The land is within scenic areas (defined as scenic quality Class A landscapes). The land provides improved access for administrative or public purposes. The lands are free of environmental concerns (e.g., hazardous waste). The lands are adjacent to BLM lands. The land is available from a willing seller or by donation. Disturbance/development of the land is foreseeable (within the next 2 to 3 years, if not acquired). Where land cannot be acquired, secure conservation easements,
Sheep Management Area. Acquire three State sections [9, 15, and 16 in T.11S., R.7E.] in crucial bighorn sheep habitat in the West Silver Bell Mountains. 3. Acquire through exchange, non- Federal mineral estate underlying Federal surface holdings in the Silverbell RCA. 4. There are no existing decisions for this element. 5. There is no existing decision for this element; however, there are two existing withdrawals for a total of 302 acres for military uses. 6. There is no existing decision for this element; however, there is one existing R&PP lease for the Tucson Soaring Club/glider park. leases, and rights-of-way. 3. Acquire through exchange, or other means, non-federal mineral estate underlying Federal surface holdings throughout the monument. 4. Do not acquire surface estate unless mineral estate can be acquired concurrently (or is already Federally owned). 5. Continue the military withdrawals on 302 acres (management actions for the area are defined under resources and uses); if and when the land is returned to BLM management the area would be managed similar to adjacent public land. 6. R&PP leases (existing at the time of monument designation) will be renewed at the discretion of BLM. 3. Same as Alternative B. 3. Do not acquire non-federal mineral estate underlying Federal surface holdings throughout the monument. 4. As available, acquire mineral estate when acquiring surface estate. 4. Do not consider acquisition of mineral estate as a factor in surface estate acquisitions. 5. Same as Alternative B. 5. Same as Alternative B. 6. Same as Alternative B. 6. Same as Alternative B. Corridors and Rights-of-Way Corridors and Rights-of-Way Corridors and Rights-of-Way Corridors and Rights-of-Way 7. Utility corridors follow existing transmission line and pipeline facilities within the boundaries of the Silver Bell RCA; all corridors would be 1 mile in width. 7. No utility corridors as shown on Map 2-10. 7. Designated corridors, shown on Map 2-11, are as follows: Along (existing) major electrical transmission lines and pipelines (where a previous corridor had been designated in the Phoenix RMP). Corridors are 1/8-mile wide. Only one additional facility 7. Designated corridors, shown on Map 2-12, are as follows: Along (existing) major electrical transmission lines and pipelines (where a previous corridor had been designated in the Phoenix RMP and existing rights-of-way with the potential for at least one additional facility [e.g., TEP line
8. Rights-of-way will be issued to promote the maximum utilization of existing right-of-way routes, including joint use whenever possible. 8. All rights-of-way for access and utilities, including inholdings, will be considered and issued on a case-bycase basis in accordance with the goals of the monument, including renewal of rights-of-way established prior to monument designation. will be allowed within the corridor. Within the existing pipeline corridor, only underground facilities will be allowed. Major utilities (e.g., transmission lines equal to or greater than 115kV, pipelines) must remain in the designated corridors. through the Sawtooths]). Corridors are ¼-mile wide. Only one additional facility will be allowed within the corridor. Within the existing pipeline corridor, only underground facilities will be allowed. Major utilities (e.g., transmission lines equal to or greater than 115kV, pipelines) must remain in the designated corridors. 8. Same as Alternative B. 8. Same as Alternative B. Avoidance and Exclusion Areas Avoidance and Exclusion Areas Avoidance and Exclusion Areas Avoidance and Exclusion Areas 9. There are no existing decisions 9. Same as Alternative C. for this element. 10. Designate the 160 acre Pan Quemado communication site at T.13.S., R.9.E., sections 1, 2, 11, and 12, inside the Silver Bell RCA. 1. Require the implementation of mitigation measures to ensure that 9. The entire monument is an avoidance area; however, valid existing rights (i.e., rights-of-way) would be recognized. 10. The Pan Quemado communication site is up to 2 acres and includes one facility and one tower; the Confidence Peak communication site is up to 3 acres and includes one facility and one tower. No additional facilities will be allowed. 9. The entire monument, with the exception of the designated corridors, is an avoidance area; however, valid existing rights (i.e., rights-of-way) would be recognized. 10. Same as Alternative B. 10. The Pan Quemado communication site is up to 2 acres and includes one facility and one tower; the Confidence Peak communication site is up to 3 acres and would include two facilities and two towers. Implementation-Level Decisions 1. As part of right-of-way 1. Same as Alternative B. 1. Same as Alternative B. authorization, right-of-way
maintenance of established rightsof-way does not conflict with the natural and cultural resource goals for the monument. 2. Land use authorizations for permits and easements will be considered on a case-by-case basis, and must be compatible with the natural and cultural resource goals for the monument. 3. On land retained or acquired, communication facility development would be limited to designated sites. construction and maintenance activities will include protective measures to minimize the following: Spread of noxious weeds Soil erosion Air quality degradation Water quality degradation (e.g., limited disturbance in washes) Vegetation disturbance/removal Extensive or loud noise from heavy equipment Impacts on wildlife (i.e., wildlife-friendly design) Disturbance of cultural resources Visual intrusions A reclamation plan would be required on a site-specific basis. 2. Same as Alternative A. 2. Same as Alternative A. 2. Same as Alternative A. 3. Upon acquisition of land, designate that land as avoidance area for rightsof-way. 3. Upon acquisition of land, designate that land as avoidance area for rights-of-way, unless that land is within designated corridors. 3. Same as Alternative C.