IB 

Union Calendar No. 832 

115TH CONGRESS 

2D SESSION H. R. 5727 

[Report No. 115–1071] 

To establish the San Rafael Swell Western Heritage and Historic Mining 

National Conservation Area in the State of Utah, to designate wilderness 

areas in the State, to provide for certain land conveyances, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2018 

Mr. CURTIS (for himself and Ms. HANABUSA) introduced the following bill; 

which was referred to the Committee on Natural Resources 

DECEMBER 10, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 9, 2018] 


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A BILL 

To establish the San Rafael Swell Western Heritage and 

Historic Mining National Conservation Area in the State 

of Utah, to designate wilderness areas in the State, to 

provide for certain land conveyances, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Emery County Public Land Management Act of 2018’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Administration. 

TITLE I—SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC 

MINING NATIONAL RECREATION AREA 

Sec. 101. Establishment of Recreation Area. 

Sec. 102. Management of Recreation Area. 

Sec. 103. San Rafael Swell Western Heritage and Historic Mining National 

Recreation Area Advisory Council. 

TITLE II—WILDERNESS AREAS 

Sec. 201. Additions to the National Wilderness Preservation System. 

Sec. 202. Administration. 

Sec. 203. Fish and wildlife management. 

Sec. 204. Release of land for nonwilderness use. 

TITLE III—WILD AND SCENIC RIVER DESIGNATION 

Sec. 301. Green River wild and scenic river designation. 

TITLE IV—LAND MANAGEMENT AND CONVEYANCES 

Sec. 401. Goblin Valley State Park recreation and public purpose agreement. 

Sec. 402. Jurassic National Monument. 

Sec. 403. Public land disposal and acquisition. 

Sec. 404. Public purpose conveyances. 

Sec. 405. School and Institutional Trust Lands Administration land. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) COUNCIL.—The term ‘‘Council’’ means the 

11 San Rafael Swell Western Heritage and Historic 


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1 Mining National Recreation Area Advisory Council 

2 established under section 103(a). 

3 (2) COUNTY.—The term ‘‘County’’ means Emery 

4 County in the State. 

5 (3) MANAGEMENT PLAN.—The term ‘‘Manage6 ment Plan’’ means the management plan for the 

7 Recreation Area developed under section 102(b). 

8 (4) MAP.—The term ‘‘Map’’ means the map enti9 tled ‘‘Emery County Public Land Management Act of 

10 2018 Overview Map’’ and dated September 14, 2018. 

11 (5) RECREATION AREA.—The term ‘‘Recreation 

12 Area’’ means the San Rafael Swell Western Heritage 

13 and Historic Mining National Recreation Area estab14 lished by section 101(a)(1). 

15 (6) SECRETARY.—The term ‘‘Secretary’’ 

16 means— 

17 (A) in title I, the Secretary of the Interior, 

18 acting through the Director of the Bureau of 

19 Land Management; 

20 (B) in titles II and III— 

21 (i) the Secretary of the Interior, acting 

22 through the Director of the Bureau of Land 

23 Management, with respect to public land; 

24 and 


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1 (ii) the Secretary of Agriculture, acting 

2 through the Chief of the Forest Service, with 

3 respect to National Forest System land (as 

4 defined in section 103 of the Federal Land 

5 Policy and Management Act of 1976 (43 

6 U.S.C. 1702)); and 

7 (C) in title IV, the Secretary of the Interior. 

8 (7) STATE.—The term ‘‘State’’ means the State 

9 of Utah. 

10 (8) WILDERNESS AREA.—The term ‘‘wilderness 

11 area’’ means a wilderness area designated by section 

12 201(a). 

13 SEC. 3. ADMINISTRATION. 

14 Nothing in this Act affects or modifies any right of 

15 any federally recognized Indian Tribe or any obligation of 

16 the United States. 

17 TITLE I—SAN RAFAEL SWELL 

18 WESTERN HERITAGE AND HIS19 TORIC MINING NATIONAL 

20 RECREATION AREA 

21 SEC. 101. ESTABLISHMENT OF RECREATION AREA. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—Subject to valid existing 

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1 ern Heritage and Historic Mining National Recre2 ation Area in the State. 

3 (2) AREA INCLUDED.—The Recreation Area shall 

4 consist of approximately 340,906 acres of certain Fed5 eral land managed by the Bureau of Land Manage6 ment, as generally depicted on the Map. 

7 (b) PURPOSES.—The purposes of the Recreation Area 

8 are to provide for the protection, conservation, and enhance9 ment of the recreational (including non-motorized and mo10 torized), cultural, natural, scenic, wildlife, ecological, his11 torical, and educational resources of the Recreation Area. 

12 (c) MAP AND LEGAL DESCRIPTION.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date of enactment of this Act, the Secretary shall 

15 file a map and legal description of the Recreation 

16 Area with the Committee on Natural Resources of the 

17 House of Representatives and the Committee on En18 ergy and Natural Resources of the Senate. 

19 (2) EFFECT.—The map and legal description 

20 filed under paragraph (1) shall have the same force 

21 and effect as if included in this title, except that the 

22 Secretary may correct clerical and typographical er23 rors in the map and legal description. 

24 (3) PUBLIC AVAILABILITY.—A copy of the map 

25 and legal description filed under paragraph (1) shall 


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1 be on file and available for public inspection in the 

2 appropriate offices of the Bureau of Land Manage3 ment. 

4 SEC. 102. MANAGEMENT OF RECREATION AREA. 

5 (a) USES.—The Secretary shall allow only such uses 

6 of the Recreation Area as the Secretary determines would 

7 further the purposes of the Recreation Area. 

8 (b) MANAGEMENT PLAN.— 

9 (1) IN GENERAL.—Not later than 5 years after 

10 the date of enactment of this Act, the Secretary shall 

11 develop a comprehensive management plan for the 

12 long-term protection and management of the Recre13 ation Area. 

14 (2) REQUIREMENTS.—The Management Plan 

15 shall— 

16 (A) describe the appropriate uses and man17 agement of the Recreation Area; 

18 (B) be developed with extensive public 

19 input; 

20 (C) take into consideration any information 

21 developed in studies of the land within the Recre22 ation Area; and 

23 (D) be developed fully consistent with the 

24 settlement agreement entered into on January 

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1 trict Court for the District of Utah styled 

2 ‘‘Southern Utah Wilderness Alliance, et al. v. 

3 U.S. Department of the Interior, et al.’’ and 

4 numbered 2:12–cv–257 DAK. 

5 (c) OUTFITTING AND GUIDE ACTIVITIES.—Commercial 

6 services (including authorized outfitting and guide activi7 ties) within the Recreation Area may be authorized to the 

8 extent necessary for activities that fulfill the recreational 

9 or other purposes of the Recreation Area. 

10 (d) MOTORIZED VEHICLES; NEW ROADS.— 

11 (1) MOTORIZED VEHICLES.—Except as needed 

12 for emergency response or administrative purposes, 

13 the use of motorized vehicles in the Recreation Area 

14 shall be permitted only on roads and motorized routes 

15 designated in the Management Plan for the use of mo16 torized vehicles. 

17 (2) NEW ROADS.—No new roads or motorized ve18 hicle routes shall be built within the Recreation Area 

19 after the date of enactment of this Act. 

20 (e) GRAZING.— 

21 (1) IN GENERAL.—The grazing of livestock in the 

22 Recreation Area, if established before the date of en23 actment of this Act, shall be allowed to continue, sub24 ject to such reasonable regulations, policies, and pracVerDate Sep 11 2014 21:09 Dec 10, 2018 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H5727.RH H5727

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1 tices as the Secretary considers to be necessary in ac2 cordance with— 

3 (A) applicable law (including regulations); 

4 (B) the guidelines set forth in Appendix A 

5 of the report of the Committee on Interior and 

6 Insular Affairs of the House of Representatives 

7 accompanying H.R. 2570 of the 101st Congress 

8 (House Report 101–405); and 

9 (C) the purposes of the Recreation Area. 

10 (2) INVENTORY.—Not later than 2 years after the 

11 date of enactment of this Act, the Secretary, in col12 laboration with any willing affected grazing per13 mittee, shall— 

14 (A) carry out an inventory of facilities and 

15 improvements associated with grazing activities 

16 in the Recreation Area; and 

17 (B) incorporate into the Management Plan 

18 a list of any facilities and improvements inven19 toried under subparagraph (A). 

20 (f) COLD WAR SITES.—The Secretary shall manage 

21 the Recreation Area in a manner that ensures the preserva22 tion of Cold War sites, including the Morrison Knudson 

23 tunnels, various Department of Defense projects sites, and 

24 hundreds of historical uranium mine sites in the Recreation 

25 Area subject to such reasonable regulations, policies, and 


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1 practices as the Secretary considers necessary to protect 

2 public health and safety. 

3 (g) WILDFIRE MANAGEMENT.—Nothing in this section 

4 prohibits the Secretary, in cooperation with other Federal, 

5 State, and local agencies, as appropriate, from conducting 

6 wildland fire operations in the Recreation Area, consistent 

7 with the purposes of the Recreation Area. 

8 (h) INCORPORATION OF ACQUIRED LAND AND INTER9 ESTS.—Any land or interest in land located within the 

10 boundary of the Recreation Area that is acquired by the 

11 United States after the date of enactment of this Act shall— 

12 (1) become part of the Recreation Area; and 

13 (2) be managed as provided in this section. 

14 (i) WITHDRAWALS.—Subject to valid existing rights, 

15 all public land within the Recreation Area, including any 

16 land or interest in land that is acquired by the United 

17 States within the Recreation Area after the date of enact18 ment of this Act, is withdrawn from— 

19 (1) entry, appropriation or disposal under the 

20 public land laws; 

21 (2) location, entry, and patent under the mining 

22 laws; and 

23 (3) operation of the mineral leasing, mineral 

24 materials, and geothermal leasing laws. 


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1 (j) NONMOTORIZED RECREATION OPPORTUNITIES.— 

2 Not later than 2 years after the date of enactment of this 

3 Act, the Secretary, in consultation with interested parties, 

4 shall conduct a study of nonmotorized recreation trail op5 portunities within the Recreation Area. 

6 (k) EFFECT.—Nothing in this Act diminishes the au7 thority of the Secretary under Public Law 92–195 (com8 monly known as the ‘‘Wild Free-Roaming Horses and Bur9 ros Act’’) (16 U.S.C. 1331 et seq.). 

10 (l) WATER RIGHTS.—Nothing in this title— 

11 (1) affects the use or allocation, in existence on 

12 the date of enactment of this Act, of any water, water 

13 right, or interest in water; 

14 (2) affects any vested absolute or decreed condi15 tional water right in existence on the date of enact16 ment of this Act, including any water right held by 

17 the United States; 

18 (3) affects any interstate water compact in exist19 ence on the date of enactment of this Act; 

20 (4) authorizes or imposes any new reserved Fed21 eral water rights; or 

22 (5) shall be considered to be a relinquishment or 

23 reduction of any water rights reserved or appro24 priated by the United States in the State on or before 

25 the date of enactment of this Act. 


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1 SEC. 103. SAN RAFAEL SWELL WESTERN HERITAGE AND 

2 HISTORIC MINING NATIONAL RECREATION 

3 AREA ADVISORY COUNCIL. 

4 (a) ESTABLISHMENT.—Not later than 180 days after 

5 the date of enactment of this Act, the Secretary shall estab6 lish an advisory council, to be known as the ‘‘San Rafael 

7 Swell Western Heritage and Historic Mining National 

8 Recreation Area Advisory Council’’. 

9 (b) DUTIES.—The Council shall advise the Secretary 

10 with respect to the preparation and implementation of the 

11 Management Plan, including budgetary matters, for the 

12 Recreation Area. 

13 (c) APPLICABLE LAW.—The Council shall be subject 

14 to— 

15 (1) the Federal Advisory Committee Act (5 

16 U.S.C. App.); and 

17 (2) the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1701 et seq.). 

19 (d) MEMBERS.—The Council shall include 12 mem20 bers, to be appointed by the Secretary, of whom, to the max21 imum extent practicable— 

22 (1) 1 member shall be appointed after consid23 ering the recommendations of the Emery County 

24 Commission; 

25 (2) 1 member shall be appointed from the motor26 ized recreational community; 


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1 (3) 1 member shall be appointed from the non2 motorized recreational community; 

3 (4) 1 member shall be appointed after consid4 ering the recommendations of the permittees holding 

5 grazing allotments within the Recreation Area or wil6 derness areas; 

7 (5) 1 member shall be appointed from the local 

8 conservation advocacy community; 

9 (6) 1 member shall have expertise in the histor10 ical uses of the Recreation Area; 

11 (7) 1 member shall be appointed from the elected 

12 leadership of a federally recognized Indian Tribe that 

13 has significant cultural or historical connections to, 

14 and expertise in, the landscape, archeological sites, or 

15 cultural sites within the County; and 

16 (8) 5 members shall— 

17 (A) reside in, or within reasonable prox18 imity to, the County; and 

19 (B) have a background that reflects— 

20 (i) the purposes for which the Recre21 ation Area or wilderness areas are estab22 lished; and 

23 (ii) the interests of the stakeholders 

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1 agement of the Recreation Area and wilder2 ness areas. 

3 (e) REPRESENTATION.—The Secretary shall ensure 

4 that the membership of the Council is fairly balanced in 

5 terms of the points of view represented and the functions 

6 to be performed by the Council. 

7 TITLE II—WILDERNESS AREAS 

8 SEC. 201. ADDITIONS TO THE NATIONAL WILDERNESS 

9 PRESERVATION SYSTEM. 

10 (a) ADDITIONS.—In accordance with the Wilderness 

11 Act (16 U.S.C. 1131 et seq.), the following parcels of Federal 

12 land in the State are designated as wilderness and as com13 ponents of the National Wilderness Preservation System: 

14 (1) CANDLAND MOUNTAIN.—Certain Federal 

15 land managed by the Forest Service, comprising ap16 proximately 11,521 acres, as generally depicted on the 

17 Map, which shall be known as the ‘‘Candland Moun18 tain Wilderness’’. 

19 (2) COLD WASH.—Certain Federal land man20 aged by the Bureau of Land Management, comprising 

21 approximately 11,162 acres, as generally depicted on 

22 the Map, which shall be known as the ‘‘Cold Wash 

23 Wilderness’’. 

24 (3) CRACK CANYON.—Certain Federal land man25 aged by the Bureau of Land Management, comprising 


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1 approximately 25,719 acres, as generally depicted on 

2 the Map, which shall be known as the ‘‘Crack Canyon 

3 Wilderness’’. 

4 (4) DESOLATION CANYON.—Certain Federal land 

5 managed by the Bureau of Land Management, com6 prising approximately 142,993 acres, as generally de7 picted on the Map, which shall be known as the ‘‘Des8 olation Canyon Wilderness’’. 

9 (5) DEVIL’S CANYON.—Certain Federal land 

10 managed by the Bureau of Land Management, com11 prising approximately 8,675 acres, as generally de12 picted on the Map, which shall be known as the ‘‘Dev13 il’s Canyon Wilderness’’. 

14 (6) EAGLE CANYON.—Certain Federal land man15 aged by the Bureau of Land Management, comprising 

16 approximately 13,832 acres, as generally depicted on 

17 the Map, which shall be known as the ‘‘Eagle Canyon 

18 Wilderness’’. 

19 (7) HORSESHOE CANYON (NORTH).—Certain 

20 Federal land managed by the Bureau of Land Man21 agement, comprising approximately 26,192 acres, as 

22 generally depicted on the Map, which shall be known 

23 as the ‘‘Horseshoe Canyon (North) Wilderness’’. 

24 (8) MEXICAN MOUNTAIN.—Certain Federal land 

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1 prising approximately 76,368 acres, as generally de2 picted on the Map, which shall be known as the 

3 ‘‘Mexican Mountain Wilderness’’. 

4 (9) MUDDY CREEK.—Certain Federal land man5 aged by the Bureau of Land Management, comprising 

6 approximately 48,330 acres, as generally depicted on 

7 the Map, which shall be known as the ‘‘Muddy Creek 

8 Wilderness’’. 

9 (10) NELSON MOUNTAIN.—Certain Federal land 

10 managed by the Forest Service, comprising approxi11 mately 7,176 acres, and certain Federal land man12 aged by the Bureau of Land Management, comprising 

13 approximately 257 acres, as generally depicted on the 

14 Map, which shall be known as the ‘‘Nelson Mountain 

15 Wilderness’’. 

16 (11) RED’S CANYON.—Certain Federal land 

17 managed by the Bureau of Land Management, com18 prising approximately 17,325 acres, as generally de19 picted on the Map, which shall be known as the 

20 ‘‘Red’s Canyon Wilderness’’. 

21 (12) SAN RAFAEL REEF.—Certain Federal land 

22 managed by the Bureau of Land Management, com23 prising approximately 60,425 acres, as generally de24 picted on the Map, which shall be known as the ‘‘San 

25 Rafael Reef Wilderness’’. 


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1 (13) SID’S MOUNTAIN.—Certain Federal land 

2 managed by the Bureau of Land Management, com3 prising approximately 49,115 acres, as generally de4 picted on the Map, which shall be known as the ‘‘Sid’s 

5 Mountain Wilderness’’. 

6 (14) TURTLE CANYON.—Certain Federal land 

7 managed by the Bureau of Land Management, com8 prising approximately 29,029 acres, as generally de9 picted on the Map, which shall be known as the ‘‘Tur10 tle Canyon Wilderness’’. 

11 (b) MAP AND LEGAL DESCRIPTION.— 

12 (1) IN GENERAL.—As soon as practicable after 

13 the date of enactment of this Act, the Secretary shall 

14 file a map and legal description of each wilderness 

15 area with— 

16 (A) the Committee on Natural Resources of 

17 the House of Representatives; and 

18 (B) the Committee on Energy and Natural 

19 Resources of the Senate. 

20 (2) EFFECT.—Each map and legal description 

21 filed under paragraph (1) shall have the same force 

22 and effect as if included in this Act, except that the 

23 Secretary may correct clerical and typographical er24 rors in the maps and legal descriptions. 


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1 (3) AVAILABILITY.—Each map and legal descrip2 tion filed under paragraph (1) shall on file and avail3 able for public inspection in the appropriate office of 

4 the Secretary. 

5 SEC. 202. ADMINISTRATION. 

6 (a) MANAGEMENT.—Subject to valid existing rights, 

7 the wilderness areas shall be administered by the Secretary 

8 in accordance with the Wilderness Act (16 U.S.C. 1131 et 

9 seq.), except that— 

10 (1) any reference in that Act to the effective date 

11 shall be considered to be a reference to the date of en12 actment of this Act; and 

13 (2) any reference in that Act to the Secretary of 

14 Agriculture shall be considered to be a reference to the 

15 Secretary. 

16 (b) RECREATIONAL CLIMBING.—Nothing in this Act 

17 prohibits recreational rock climbing activities in the wilder18 ness areas designated by this Act, such as the placement, 

19 use and maintenance of fixed anchors, including those es20 tablished before the date of the enactment of this Act— 

21 (1) in accordance with the Wilderness Act (16 

22 U.S.C. 1131 et seq.); and 

23 (2) subject to any terms and conditions deter24 mined to be necessary by the Secretary. 

25 (c) TRAIL PLAN; STUDY.— 


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1 (1) PLAN.—After providing opportunities for 

2 public comment, the Secretary shall establish a trail 

3 plan that addresses hiking and equestrian trails on 

4 the wilderness areas in a manner consistent with the 

5 Wilderness Act (16 U.S.C. 1131 et seq.). 

6 (2) REPORT.—Not later than 2 years after the 

7 date of enactment of this Act, the Secretary shall sub8 mit to Congress a report that describes the implemen9 tation of the trail plan established under paragraph 

10 (1). 

11 (d) LIVESTOCK.— 

12 (1) IN GENERAL.—The grazing of livestock in the 

13 wilderness areas, if established before the date of en14 actment of this Act, shall be allowed to continue, sub15 ject to such reasonable regulations, policies, and prac16 tices as the Secretary considers to be necessary in ac17 cordance with— 

18 (A) section 4(d)(4) of the Wilderness Act (16 

19 U.S.C. 1133(d)(4)); and 

20 (B) the guidelines set forth in Appendix A 

21 of the report of the Committee on Interior and 

22 Insular Affairs of the House of Representatives 

23 accompanying H.R. 2570 of the 101st Congress 

24 (House Report 101–405). 


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1 (2) INVENTORY.—With respect to each wilderness 

2 area in which grazing of livestock is allowed to con3 tinue under paragraph (1), not later than 2 years 

4 after the date of enactment of this Act, the Secretary, 

5 in collaboration with any affected grazing permittee, 

6 shall— 

7 (A) carry out an inventory of facilities and 

8 improvements associated with grazing activities 

9 in the wilderness area; and 

10 (B) review and revise the applicable allot11 ment management plan and grazing permit in12 formation. 

13 (e) WILDFIRE, INSECT, AND DISEASE MANAGEMENT.— 

14 In accordance with section 4(d)(1) of the Wilderness Act 

15 (16 U.S.C. 1133(d)(1)) and the report of the Committee on 

16 Interior and Insular Affairs of the House of Representatives 

17 accompanying H.R. 1437 of the 98th Congress (House Re18 port 98–40), the Secretary may take such measures in the 

19 wilderness areas as are necessary for the control of fire, in20 sects, and diseases, including, as the Secretary determines 

21 to be appropriate, the coordination of the activities with 

22 the State or a local agency. 

23 (f) ADJACENT MANAGEMENT.— 

24 (1) IN GENERAL.—Congress does not intend for 

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1 tective perimeters or buffer zones around the wilder2 ness areas. 

3 (2) NONWILDERNESS ACTIVITIES.—The fact that 

4 nonwilderness activities or uses can be seen or heard 

5 from areas within a wilderness area shall not pre6 clude the conduct of those activities or uses outside the 

7 boundary of the wilderness area. 

8 (g) MILITARY OVERFLIGHTS.—Nothing in this title re9 stricts or precludes— 

10 (1) low-level overflights of military aircraft over 

11 the wilderness areas, including military overflights 

12 that can be seen or heard within the wilderness areas; 

13 (2) flight testing and evaluation; or 

14 (3) the designation or creation of new units of 

15 special use airspace, or the establishment of military 

16 flight training routes, over the wilderness areas. 

17 (h) OUTFITTING AND GUIDE ACTIVITIES.—Commer18 cial services (including authorized outfitting and guide ac19 tivities) within the wilderness areas may be authorized to 

20 the extent necessary for activities that fulfill the recreational 

21 or other wilderness purposes of the wilderness areas. 

22 (i) LAND ACQUISITION AND INCORPORATION OF AC23 QUIRED LAND AND INTERESTS.— 

24 (1) ACQUISITION AUTHORITY.—The Secretary 

25 may acquire land and interests in land within the 


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1 boundaries of a wilderness area by donation, purchase 

2 from a willing seller, or exchange. 

3 (2) INCORPORATION.—Any land or interest in 

4 land within the boundary of a wilderness area that 

5 is acquired by the United States after the date of en6 actment of this Act shall be added to and adminis7 tered as part of the wilderness area. 

8 (j) NATIVE AMERICAN CULTURAL AND RELIGIOUS

9 USES.—Nothing in this title diminishes— 

10 (1) the rights of any Tribe; or 

11 (2) any Tribal rights regarding access to Federal 

12 land for Tribal activities, including spiritual, cul13 tural, and traditional food-gathering activities. 

14 (k) CLIMATOLOGICAL DATA COLLECTION.—In accord15 ance with the Wilderness Act (16 U.S.C. 1131 et seq.) and 

16 subject to such terms and conditions as the Secretary may 

17 prescribe, the Secretary may authorize the installation and 

18 maintenance of hydrologic, meteorologic, or climatological 

19 collection devices in the wilderness areas if the Secretary 

20 determines that the facilities and access to the facilities are 

21 essential to flood warning, flood control, or water reservoir 

22 operation activities. 

23 (l) WATER RIGHTS.— 

24 (1) STATUTORY CONSTRUCTION.—Nothing in this 

25 Act— 


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1 (A) shall constitute or be construed to con2 stitute either an express or implied reservation 

3 by the United States of any water or water 

4 rights with respect to the land designated as wil5 derness by section 201; 

6 (B) shall affect any water rights in the 

7 State existing on the date of enactment of this 

8 Act, including any water rights held by the 

9 United States; 

10 (C) shall be construed as establishing a 

11 precedent with regard to any future wilderness 

12 designations; 

13 (D) shall affect the interpretation of, or any 

14 designation made pursuant to, any other Act; or 

15 (E) shall be construed as limiting, altering, 

16 modifying, or amending any of the interstate 

17 compacts or equitable apportionment decrees that 

18 apportions water among and between the State 

19 and other States. 

20 (2) STATE WATER LAW.—The Secretary shall fol21 low the procedural and substantive requirements of 

22 the State in order to obtain and hold any water 

23 rights not in existence on the date of enactment of this 

24 Act with respect to the wilderness areas designated by 

25 section 201. 


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1 (3) LIMITATION ON NEW WATER RESOURCE FA2 CILITIES.— 

3 (A) DEFINITION OF WATER RESOURCE FA4 CILITY.— 

5 (i) IN GENERAL.—In this paragraph, 

6 the term ‘‘water resource facility’’ means an 

7 irrigation and pumping facility, reservoir, 

8 water conservation works, aqueduct, canal, 

9 ditch, pipeline, well, hydropower project, 

10 transmission or other ancillary facility, and 

11 any other water diversion, storage, or car12 riage structure. 

13 (ii) EXCLUSION.—In this paragraph, 

14 the term ‘‘water resource facility’’ does not 

15 include a wildlife guzzler or a management 

16 activity described in section 203. 

17 (B) LIMITATION.—Except as otherwise pro18 vided in this Act, on or after the date of enact19 ment of this Act, the President or any other offi20 cer, employee, or agent of the United States may 

21 not fund, assist, authorize, or issue a license or 

22 permit for the development of any new water re23 source facility inside a wilderness area des24 ignated by section 201. 


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1 (m) MEMORANDUM OF UNDERSTANDING.—The Sec2 retary shall offer to enter into a memorandum of under3 standing with the County to clarify the approval processes 

4 for the use of motorized equipment and mechanical trans5 port for search and rescue activities in the Crack Canyon 

6 Wilderness established by section 201(a)(3). 

7 SEC. 203. FISH AND WILDLIFE MANAGEMENT. 

8 (a) JURISDICTION OF STATE.—Nothing in this title af9 fects the jurisdiction of the State with respect to fish and 

10 wildlife on public land located in the State. 

11 (b) AUTHORITY OF SECRETARY.—In furtherance of the 

12 purposes and principles of the Wilderness Act (16 U.S.C. 

13 1131 et seq.), the Secretary may carry out management ac14 tivities to maintain or restore fish and wildlife populations 

15 (including activities to maintain and restore fish and wild16 life habitats to support the populations) in any wilderness 

17 area if the activities are— 

18 (1) consistent with applicable wilderness man19 agement plans; and 

20 (2) carried out in accordance with— 

21 (A) the Wilderness Act (16 U.S.C. 1131 et 

22 seq.); and 

23 (B) applicable guidelines and policies, in24 cluding applicable policies described in appendix 

25 B of House Report 101–405. 


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1 SEC. 204. RELEASE OF LAND FOR NONWILDERNESS USE. 

2 (a) FINDING.—Congress finds that, for the purposes of 

3 section 603(c) of the Federal Land Policy and Management 

4 Act of 1976 (43 U.S.C. 1782(c)), the approximately 17,420 

5 acres of public land administered by the Bureau of Land 

6 Management in the County that has not been designated 

7 as wilderness by section 201(a) has been adequately studied 

8 for wilderness designation. 

9 (b) RELEASE.—The public land described in sub10 section (a)— 

11 (1) is no longer subject to section 603(c) of the 

12 Federal Land Policy and Management Act of 1976 

13 (43 U.S.C. 1782(c)); and 

14 (2) shall be managed in accordance with— 

15 (A) applicable law; and 

16 (B) any applicable land management plan 

17 adopted under section 202 of the Federal Land 

18 Policy and Management Act of 1976 (43 U.S.C. 

19 1712). 

20 TITLE III—WILD AND SCENIC 

21 RIVER DESIGNATION 

22 SEC. 301. GREEN RIVER WILD AND SCENIC RIVER DESIGNA23 TION. 

24 (a) IN GENERAL.—Section 3(a) of the Wild and Scenic 

25 Rivers Act (16 U.S.C. 1274(a)) is amended by adding at 

26 the end the following: 


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1 ‘‘(214) GREEN RIVER.—The approximately 63- 

2 mile segment, as generally depicted on the Map, to be 

3 administered by the Secretary of the Interior, in the 

4 following classifications: 

5 ‘‘(A) GREEN RIVER SEGMENT A.—The 5.3- 

6 mile segment from the boundary of the Uintah 

7 and Ouray Reservation, south to the Nefertiti 

8 boat ramp and adjacent land rim-to-rim, as a 

9 wild river. 

10 ‘‘(B) GREEN RIVER SEGMENT B.—The 8.5- 

11 mile segment from Nefertiti boat ramp, south to 

12 the Swasey’s boat ramp and adjacent land rim13 to-rim, as a recreational river. 

14 ‘‘(C) GREEN RIVER SEGMENT C.—The 49.2- 

15 mile segment from Bull Bottom, south to the 

16 Emery-Wayne county line and adjacent land 

17 rim-to-rim, as a scenic river.’’. 

18 (b) INCORPORATION OF ACQUIRED NON-FEDERAL

19 LAND.—If the United States acquires any non-Federal land 

20 within or adjacent to a river segment of the Green River 

21 designated by paragraph (214) of section 3(a) of the Wild 

22 and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by 

23 subsection (a)), the acquired river segment shall be incor24 porated in, and be administered as part of, the applicable 

25 wild, scenic, or recreational river. 


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1 TITLE IV—LAND MANAGEMENT 

2 AND CONVEYANCES 

3 SEC. 401. GOBLIN VALLEY STATE PARK RECREATION AND 

4 PUBLIC PURPOSE AGREEMENT. 

5 (a) IN GENERAL.—At the request of the State, the Sec6 retary shall offer to enter into a recreation and public pur7 poses agreement with the Utah Division of Parks and Recre8 ation of the Utah Department of Natural Resources (re9 ferred to in this section as the ‘‘State’’), that provides for 

10 the management by the State of the land identified on the 

11 Map as the ‘‘Goblin Valley State Park Expansion’’ as a 

12 State park in accordance with State law. 

13 (b) REVERSIONARY CLAUSE REQUIRED.—An agree14 ment entered into under subsection (a) shall include a rever15 sionary clause to ensure that management of the land de16 scribed in that subsection shall revert to the Secretary if 

17 the land is no longer being managed as a State park. 

18 SEC. 402. JURASSIC NATIONAL MONUMENT. 

19 (a) PURPOSES.—To conserve, interpret, and enhance 

20 for the benefit of present and future generations the paleon21 tological, scientific, educational, and recreational resources 

22 of the area and subject to valid existing rights, there is es23 tablished in the County a national monument, to be known 

24 as the ‘‘Jurassic National Monument’’ (referred to in this 

25 section as the ‘‘Monument’’), consisting of approximately 


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1 850 acres of Federal land in the County, as generally de2 picted on the Map. 

3 (b) MAP AND LEGAL DESCRIPTION.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of enactment of this Act, the Secretary shall 

6 file with the Committee on Energy and Natural Re7 sources of the Senate and the Committee on Natural 

8 Resources of the House of Representatives a map and 

9 legal description of the Monument. 

10 (2) EFFECT.—The map and legal description 

11 filed under paragraph (1) shall have the same force 

12 and effect as if included in this section, except that 

13 the Secretary may correct clerical and typographical 

14 errors in the map and legal description, subject to the 

15 requirement that, before making the proposed correc16 tions, the Secretary shall submit to the State and any 

17 affected county the proposed corrections. 

18 (3) PUBLIC AVAILABILITY.—A copy of the map 

19 and legal description filed under paragraph (1) shall 

20 be on file and available for public inspection in the 

21 appropriate offices of the Bureau of Land Manage22 ment. 

23 (c) WITHDRAWALS.—Subject to valid existing rights, 

24 any land within the boundaries of the Monument or any 

25 land or interest in land that is acquired by the United 


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1 States for inclusion in the Monument after the date of en2 actment of this Act is withdrawn from— 

3 (1) entry, appropriation, or disposal under the 

4 Federal land laws; 

5 (2) location, entry, and patent under the mining 

6 laws; and 

7 (3) operation of the mineral leasing laws, geo8 thermal leasing laws, and minerals materials laws. 

9 (d) MANAGEMENT.— 

10 (1) IN GENERAL.—The Secretary shall manage 

11 the Monument— 

12 (A) in a manner that conserves, protects, 

13 and enhances the resources and values of the 

14 Monument, including the resources and values 

15 described in subsection (a); and 

16 (B) in accordance with— 

17 (i) this section; 

18 (ii) the Federal Land Policy and Man19 agement Act of 1976 (43 U.S.C. 1701 et 

20 seq.); and 

21 (iii) any other applicable Federal law. 

22 (2) NATIONAL LANDSCAPE CONSERVATION SYS23 TEM.—The Monument shall be managed as a compo24 nent of the National Landscape Conservation System. 

25 (e) MANAGEMENT PLAN.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, the Secretary shall 

3 develop a comprehensive management plan for the 

4 long-term protection and management of the Monu5 ment. 

6 (2) COMPONENTS.—The management plan devel7 oped under paragraph (1)— 

8 (A) shall— 

9 (i) describe the appropriate uses and 

10 management of the Monument, consistent 

11 with the provisions of this section; and 

12 (ii) allow for continued scientific re13 search at the Monument during the develop14 ment of the management plan for the Monu15 ment; and 

16 (B) may— 

17 (i) incorporate any appropriate deci18 sions contained in any management or ac19 tivity plan applicable to the land described 

20 in subsection (a); and 

21 (ii) use information developed in stud22 ies of any land within or adjacent to the 

23 Monument that were conducted before the 

24 date of enactment of this Act. 


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1 (f) AUTHORIZED USES.—The Secretary shall only 

2 allow uses of the Monument that the Secretary determines 

3 would further the purposes for which the Monument has 

4 been established. 

5 (g) INTERPRETATION, EDUCATION, AND SCIENTIFIC

6 RESEARCH.— 

7 (1) IN GENERAL.—The Secretary shall provide 

8 for public interpretation of, and education and sci9 entific research on, the paleontological resources of the 

10 Monument. 

11 (2) COOPERATIVE AGREEMENTS.—The Secretary 

12 may enter into cooperative agreements with appro13 priate public entities to carry out paragraph (1). 

14 (h) SPECIAL MANAGEMENT AREAS.— 

15 (1) IN GENERAL.—The establishment of the 

16 Monument shall not modify the management status of 

17 any area within the boundary of the Monument that 

18 is managed as an area of critical environment con19 cern. 

20 (2) CONFLICT OF LAWS.—If there is a conflict be21 tween the laws applicable to an area described in 

22 paragraph (1) and this section, the more restrictive 

23 provision shall control. 

24 (i) MOTORIZED VEHICLES.—Except as needed for ad25 ministrative purposes or to respond to an emergency, the 


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1 use of motorized vehicles in the Monument shall be allowed 

2 only on roads and trails designated for use by motorized 

3 vehicles under the management plan for the Monument de4 veloped under subsection (e). 

5 (j) WATER RIGHTS.—Nothing in this section con6 stitutes an express or implied reservation by the United 

7 States of any water or water rights with respect to the 

8 Monument. 

9 (k) GRAZING.—The grazing of livestock in the Monu10 ment, if established before the date of enactment of this Act, 

11 shall be allowed to continue, subject to such reasonable regu12 lations, policies, and practices as the Secretary considers 

13 to be necessary in accordance with— 

14 (1) applicable law (including regulations); 

15 (2) the guidelines set forth in Appendix A of the 

16 report of the Committee on Interior and Insular Af17 fairs of the House of Representatives accompanying 

18 H.R. 2570 of the 101st Congress (House Report 101– 

19 405); and 

20 (3) the purposes of the Monument. 

21 SEC. 403. PUBLIC LAND DISPOSAL AND ACQUISITION. 

22 (a) IN GENERAL.—Consistent with applicable law, the 

23 Secretary may sell public land located in the County that 

24 was identified as potentially suitable for disposal based on 

25 specific criteria as listed in the Federal Land Policy and 


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1 Management Act of 1976 (43 U.S.C. 1713) in the applicable 

2 resource management plan in existence on the date of enact3 ment of this Act, or subsequent revisions thereto. 

4 (b) USE OF PROCEEDS.— 

5 (1) IN GENERAL.—Notwithstanding any other 

6 provision of law (other than a law that specifically 

7 provides for a portion of the proceeds of a land sale 

8 to be distributed to any trust fund of the State), pro9 ceeds from the sale of public land under subsection (a) 

10 shall be deposited in a separate account in the Treas11 ury, to be known as the ‘‘Emery County, Utah, Land 

12 Acquisition Account’’ (referred to in this section as 

13 the ‘‘Account’’). 

14 (2) AVAILABILITY.— 

15 (A) IN GENERAL.—Amounts in the Account 

16 shall be available to the Secretary, without fur17 ther appropriation, to purchase from willing 

18 sellers land or interests in land within a wilder19 ness area or the Recreation Area. 

20 (B) APPLICABILITY.—Any purchase of land 

21 or interest in land under subparagraph (A) shall 

22 be in accordance with applicable law. 

23 (C) PROTECTION OF CULTURAL RE24 SOURCES.—To the extent that there are amounts 

25 in the Account in excess of the amounts needed 


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1 to carry out subparagraph (A), the Secretary 

2 may use the excess amounts for the protection of 

3 cultural resources within the County. 

4 SEC. 404. PUBLIC PURPOSE CONVEYANCES. 

5 (a) IN GENERAL.—Notwithstanding the land use plan6 ning requirement of sections 202 and 203 of the Federal 

7 Land Policy and Management Act of 1976 (43 U.S.C. 1712, 

8 1713), on request by the applicable local governmental enti9 ty, the Secretary shall convey without consideration the fol10 lowing parcels of public land to be used for public purposes: 

11 (1) EMERY CITY RECREATION AREA.—The ap12 proximately 640-acre parcel as generally depicted on 

13 the Map, to the City of Emery, Utah, for the creation 

14 or enhancement of public recreation opportunities. 

15 (2) HUNTINGTON AIRPORT.—The approximately 

16 1,400-acre parcel as generally depicted on the Map, to 

17 Emery County, Utah, for expansion of Huntington 

18 Airport. 

19 (3) EMERY COUNTY SHERIFF’S OFFICE.—The ap20 proximately 640-acre parcel as generally depicted on 

21 the Map, to Emery County, Utah, for the Emery 

22 County Sheriff’s Office substation. 

23 (4) BUCKHORN INFORMATION CENTER.—The ap24 proximately 65-acre parcel as generally depicted on 

25 the Map, to Emery County, Utah, for the Buckhorn 


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1 Information Center and enhancing access to visitor 

2 information. 

3 (b) MAP AND LEGAL DESCRIPTION.— 

4 (1) IN GENERAL.—As soon as practicable after 

5 the date of enactment of this Act, the Secretary shall 

6 file a map and legal description of each parcel of land 

7 to be conveyed under subsection (a) with— 

8 (A) the Committee on Energy and Natural 

9 Resources of the Senate; and 

10 (B) the Committee on Natural Resources of 

11 the House of Representatives. 

12 (2) EFFECT.—Each map and legal description 

13 filed under paragraph (1) shall have the same force 

14 and effect as if included in this Act, except that the 

15 Secretary may correct clerical or typographical errors 

16 in the map and legal description. 

17 (3) PUBLIC AVAILABILITY.—Each map and legal 

18 description filed under paragraph (1) shall be on file 

19 and available for public inspection in the Price Field 

20 Office of the Bureau of Land Management. 

21 (c) REVERSION.— 

22 (1) IN GENERAL.—If a parcel of land conveyed 

23 under subsection (a) is used for a purpose other than 

24 the purpose described in that subsection, the parcel of 


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1 land shall, at the discretion of the Secretary, revert to 

2 the United States. 

3 (2) RESPONSIBILITY FOR REMEDIATION.—In the 

4 case of a reversion under paragraph (1), if the Sec5 retary determines that the parcel of land is contami6 nated with hazardous waste, the local governmental 

7 entity to which the parcel of land was conveyed under 

8 subsection (a) shall be responsible for remediation. 

9 SEC. 405. SCHOOL AND INSTITUTIONAL TRUST LANDS AD10 MINISTRATION LAND. 

11 (a) DEFINITIONS.—In this section: 

12 (1) APPLICATION.—The term ‘‘application’’ 

13 means an application for State relinquishment of a 

14 State land grant parcel and State selection of unap15 propriated public land filed under this section. 

16 (2) INDIAN LAND.—The term ‘‘Indian land’’ 

17 means— 

18 (A) any land owned by an Indian Tribe lo19 cated within the boundaries of an Indian res20 ervation, pueblo, or rancheria; or 

21 (B) any land located within the boundaries 

22 of an Indian reservation, pueblo, or rancheria, 

23 the title to which is held— 


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1 (i) in trust by the United States for the 

2 benefit of an Indian Tribe or a member of 

3 an Indian Tribe; 

4 (ii) by an Indian Tribe or a member 

5 of an Indian Tribe, subject to restriction 

6 against alienation under laws of the United 

7 States; or 

8 (iii) by a dependent Indian commu9 nity. 

10 (3) RELINQUISHMENT AREA.—The term ‘‘Relin11 quishment Area’’ means any land within— 

12 (A) the Recreation Area; or 

13 (B) a wilderness area. 

14 (4) STATE.—The term ‘‘State’’ means the State, 

15 acting as trustee under the Utah State School and In16 stitutional Trust Lands Management Act (Utah Code 

17 Ann. 53C–1–101 et seq.) through the Utah School and 

18 Institutional Trust Lands Administration. 

19 (5) STATE LAND GRANT PARCEL.—The term 

20 ‘‘State land grant parcel’’ means— 

21 (A) any land wholly or partially within a 

22 Relinquishment Area that was granted to the 

23 State by Congress through a statehood land 

24 grant for the support of public education or other 

25 public institutions; or 


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1 (B) any land located wholly or partially 

2 within a Relinquishment Area that was acquired 

3 by the State for a purpose described in subpara4 graph (A). 

5 (6) UNAPPROPRIATED PUBLIC LAND.— 

6 (A) IN GENERAL.—The term ‘‘unappropri7 ated public land’’ has the meaning given the 

8 term ‘‘public lands’’ in section 103 of the Federal 

9 Land Policy and Management Act of 1976 (43 

10 U.S.C. 1702). 

11 (B) INCLUSION.—The term ‘‘unappropri12 ated public land’’ includes any land or minerals 

13 acquired by the United States under title III of 

14 the Bankhead-Jones Farm Tenant Act (7 U.S.C. 

15 1010 et seq.). 

16 (C) EXCLUSIONS.—The term ‘‘unappropri17 ated public land’’ does not include Federal land 

18 that is— 

19 (i) except as provided in subparagraph 

20 (B), acquired land; 

21 (ii) in a unit of the National Land22 scape Conservation System established by 

23 the Omnibus Public Land Management Act 

24 of 2009 (Public Law 111–11; 123 Stat. 

25 991); 


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1 (iii) in an area of critical environ2 mental concern established under section 

3 202(c)(3) of the Federal Land Policy and 

4 Management Act of 1976 (43 U.S.C. 

5 1712(c)(3)); 

6 (iv) in a special recreation manage7 ment area; 

8 (v) in an area managed by the Bureau 

9 of Land Management, through an inventory 

10 carried out in accordance with the Federal 

11 Land Policy and Management Act of 1976 

12 (43 U.S.C. 1701 et seq.), for wilderness 

13 characteristics in a land use plan finalized 

14 under that Act; or 

15 (vi) Indian land. 

16 (b) RELINQUISHMENT OF STATE LAND GRANT PAR17 CELS AND SELECTION OF REPLACEMENT LAND.— 

18 (1) AUTHORITY TO SELECT.—In accordance with 

19 this section, the State may, on approval by the Sec20 retary of an application filed under this section— 

21 (A) relinquish to the Secretary the State 

22 land grant parcels described in the approved ap23 plication; and 


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1 (B) in exchange for the relinquished land, 

2 select unappropriated public land in the State 

3 for conveyance by the Secretary to the State. 

4 (2) PROCESSING.—The Secretary shall promptly 

5 process any application filed under this section in ac6 cordance with subsection (c). 

7 (3) VALID EXISTING RIGHTS.— 

8 (A) IN GENERAL.—Any land conveyed 

9 under this section shall be subject to valid exist10 ing rights. 

11 (B) SUCCESSION.—Each party to whom 

12 land is conveyed under this section shall succeed 

13 to the rights and obligations of the conveying 

14 party with respect to any lease, right-of-way, 

15 permit or other valid existing right to which the 

16 conveyed land is subject. 

17 (c) APPLICATION AND CONVEYANCE PROCEDURES.— 

18 (1) APPROVAL OR DISAPPROVAL OF APPLICA19 TIONS.— 

20 (A) DEADLINE FOR APPROVAL.—Not later 

21 than 1 year after the date on which an applica22 tion is filed under this section, the Secretary 

23 shall issue a final approval or disapproval of the 

24 application. 


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1 (B) PARTIAL APPROVAL AUTHORIZED.—An 

2 application may be approved by the Secretary in 

3 whole or in part. 

4 (C) LIMITATION.—The Secretary shall not 

5 approve any application that the Secretary de6 termines would create irreconcilable management 

7 conflicts with respect to the management of adja8 cent Federal land. 

9 (2) CONVEYANCE.— 

10 (A) CONVEYANCE BY STATE.—The convey11 ance of any State land grant parcel under this 

12 section shall be by patent or deed acceptable to 

13 the Secretary. 

14 (B) CONVEYANCE BY SECRETARY.— 

15 (i) DEADLINE FOR CONVEYANCE OF

16 UNAPPROPRIATED PUBLIC LAND.—Not later 

17 than 90 days after the date on which the 

18 Secretary issues a final approval with re19 spect to an application for the conveyance 

20 of unappropriated public land, the Sec21 retary shall convey the applicable unappro22 priated public land to the State. 

23 (ii) TERMS AND CONDITIONS.—The 

24 conveyance of unappropriated public land 

25 by the Secretary to the State under this secVerDate Sep 11 2014 21:09 Dec 10, 2018 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\H5727.RH H5727

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1 tion shall include such terms and conditions 

2 as the Secretary may require. 

3 (3) ENVIRONMENTAL ANALYSIS.— 

4 (A) IN GENERAL.—Except as otherwise pro5 vided in this subsection, the Secretary shall con6 vey unappropriated public land under this sec7 tion in accordance with— 

8 (i) the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.); and 

10 (ii) any other applicable law. 

11 (B) ENVIRONMENTAL ASSESSMENT OR ENVI12 RONMENTAL IMPACT STATEMENT.—In preparing 

13 an environmental assessment or environmental 

14 impact statement under section 102(2) of the Na15 tional Environmental Policy Act of 1969 (42 

16 U.S.C. 4332(2)) for the conveyance of unappro17 priated public land under this section, the Sec18 retary is not required to study, develop, or de19 scribe any action other than— 

20 (i) the proposed agency action; and 

21 (ii) the alternative of no action. 

22 (d) MINERAL LAND.— 

23 (1) SELECTION AND CONVEYANCE.— 

24 (A) IN GENERAL.—Subject to the provisions 

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1 retary may convey, unappropriated public land 

2 that is mineral in character. 

3 (B) EXCLUSION.—The State may not select, 

4 and the Secretary may not convey unappropri5 ated public land that includes only a portion of 

6 a mineral lease or permit, unless— 

7 (i) the portion represents the entire 

8 portion available for selection under this 

9 Act; and 

10 (ii) the lessee or permittee, respectively, 

11 consents. 

12 (2) MINING CLAIMS.— 

13 (A) MINING CLAIMS UNAFFECTED.—Nothing 

14 in this section alters, diminishes, or expands the 

15 existing rights of a mining claimant under ap16 plicable law. 

17 (B) VALIDITY EXAMINATIONS.—Nothing in 

18 this section requires the Secretary to carry out a 

19 mineral examination for any mining claim lo20 cated on unappropriated public land to be con21 veyed under this section. 

22 (C) WITHDRAWAL.—Unappropriated public 

23 land selected by the State for acquisition under 

24 this section is withdrawn, subject to valid exist25 ing rights, from location, entry, and patent 


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1 under the mining laws until that date on 

2 which— 

3 (i) the selected unappropriated public 

4 land is conveyed by the Secretary to the 

5 State; 

6 (ii) the Secretary makes a final deter7 mination not accepting the selection of the 

8 unappropriated public land; or 

9 (iii) the State withdraws the selection 

10 of the unappropriated public land. 

11 (e) CONSTRUCTION WITH OTHER LAWS.— 

12 (1) CONSIDERATION.—In the application of laws 

13 (including regulations) and policies relating to selec14 tions made under this section, the Secretary shall con15 sider the equities of the State and the interest of the 

16 public. 

17 (2) PRESUMPTION OF PLAN ADEQUACY.—Unless 

18 a land use plan adopted under section 202 of the Fed19 eral Land Policy and Management Act of 1976 (43 

20 U.S.C. 1712) specifically identifies significant public 

21 values that would be lost or substantially impaired as 

22 a result of the conveyance of unappropriated public 

23 land to the State, any State selection under this sec24 tion shall be considered to be in compliance with the 


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1 plan regardless of whether the selected land is other2 wise identified for disposal. 

3 (f) VALUATION.— 

4 (1) EQUAL VALUE.— 

5 (A) IN GENERAL.—The overall value of the 

6 State land grant parcels and parcels of unappro7 priated public land to be conveyed to the State 

8 shall be— 

9 (i) equal; or 

10 (ii) if the value is not equal— 

11 (I) equalized by the payment of 

12 funds to the State or to the Secretary 

13 as the circumstances require; or 

14 (II) reflected on the balance of a 

15 ledger account established under para16 graph (3). 

17 (B) APPRAISAL REQUIRED.—Except as pro18 vided in paragraph (2), the Secretary and the 

19 State shall jointly determine the value of a State 

20 land grant parcel and a parcel of unappropri21 ated public land through an appraisal completed 

22 in accordance with— 

23 (i) the Uniform Appraisal Standards 

24 for Federal Land Acquisitions; and 


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1 (ii) the Uniform Standards for Profes2 sional Appraisal Practice. 

3 (2) LOW VALUE PARCELS.— 

4 (A) VALUATION.—The Secretary may, with 

5 the consent of the State, use a mass appraisal or 

6 statement of value made by a qualified appraiser 

7 carried out in accordance with the Uniform 

8 Standards for Professional Appraisal Practice 

9 instead of an appraisal that complies with the 

10 Uniform Appraisal Standards for Federal Land 

11 Acquisitions if the State and the Secretary agree 

12 that the market value of a State land grant par13 cel or a parcel of unappropriated public land 

14 is— 

15 (i) less than $500,000; and 

16 (ii) less than $500 per acre. 

17 (B) DIVISION.—A State land grant parcel 

18 or a parcel of unappropriated public land may 

19 not be artificially divided in order to qualify for 

20 a mass appraisal or statement of value under 

21 subparagraph (A). 

22 (3) LEDGER ACCOUNTS.— 

23 (A) IN GENERAL.—The Secretary and the 

24 State may agree to use a ledger account to make 

25 equal the value of land relinquished by the State 


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1 and conveyed by the Secretary to the State under 

2 this section. 

3 (B) IMBALANCES.—A ledger account de4 scribed in subparagraph (A) shall reflect imbal5 ances in value to be reconciled in a subsequent 

6 transaction. 

7 (C) ACCOUNT BALANCING.—Each ledger ac8 count established under this paragraph shall 

9 be— 

10 (i) balanced not later than 3 years 

11 after the date on which the ledger account 

12 is established; and 

13 (ii) closed not later than 5 years after 

14 the date of the last conveyance of land 

15 under this section. 

16 (4) COSTS.—The Secretary or the State may— 

17 (A) assume costs or other responsibilities or 

18 requirements for conveying land under this sec19 tion that would generally be the responsibility of 

20 the other party; and 

21 (B) make adjustments to the relative values 

22 involved in the conveyance of land under this 

23 section to compensate the Secretary or the State, 

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1 sponsibilities or requirements under subpara2 graph (A). 

3 (5) ADJUSTMENT.—If value is attributed to any 

4 parcel of unappropriated public land that has been 

5 selected by the State because of the presence of min6 erals under a lease under the Mineral Leasing Act (30 

7 U.S.C. 181 et seq.) that is in a producing or produc8 ible status, the value of the parcel shall be reduced by 

9 the percentage that represents the likely Federal-rev10 enue sharing obligation under that Act, but the ad11 justment shall not be considered to reflect a property 

12 right of the State. 

13 (g) MISCELLANEOUS PROVISIONS.— 

14 (1) HAZARDOUS MATERIALS.—The Secretary 

15 and the State shall make available for review and in16 spection any record relating to hazardous materials 

17 on land to be conveyed under this section. 

18 (2) APPURTENANT WATER RIGHTS.—Any convey19 ance of a State land grant parcel or parcel of unap20 propriated public land under this section may in21 clude the conveyance of water rights appurtenant to 

22 the land conveyed. 

23 (3) GRAZING PERMITS.— 

24 (A) IN GENERAL.—If land conveyed under 

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1 tract for the grazing of domestic livestock in ef2 fect on the date of conveyance, the Secretary or 

3 the State, as applicable, shall allow the grazing 

4 to continue for the remainder of the term of the 

5 lease, permit, or contract, subject to the related 

6 terms and conditions of user agreements, includ7 ing permitted stocking rates, grazing fee levels, 

8 access rights, and ownership and use of range 

9 improvements. 

10 (B) RENEWAL.—On expiration of any graz11 ing lease, permit, or contract described in sub12 paragraph (A), the party that has jurisdiction 

13 over the land on the date of expiration, may elect 

14 to renew the lease, permit, or contract if per15 mitted under applicable law. 

16 (C) CANCELLATION.— 

17 (i) IN GENERAL.—Nothing in this sec18 tion prevents the Secretary or the State 

19 from canceling or modifying a grazing per20 mit, lease, or contract if the land subject to 

21 the permit, lease, or contract is sold, con22 veyed, transferred, or leased for nongrazing 

23 purposes by the Secretary or the State. 

24 (ii) LIMITATION.—Except to the extent 

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1 face operations in support of mineral devel2 opment, the Secretary or the State shall not 

3 cancel or modify a grazing permit, lease, or 

4 contract for land conveyed under this sec5 tion because the land subject to the permit, 

6 lease, or contract has been leased for min7 eral development. 

8 (D) BASE PROPERTIES.—If land conveyed 

9 by the State under this section is used by a graz10 ing permittee or lessee to meet the base property 

11 requirements for a Federal grazing permit or 

12 lease, the land shall continue to qualify as a base 

13 property for the remaining term of the lease or 

14 permit and the term of any renewal or extension 

15 of the lease or permit. 

16 (h) EFFECT ON OTHER STATE SELECTION AUTHOR17 IZATIONS.—The authorization for State relinquishments 

18 and selections under this section shall be considered to be 

19 independent of, and not limited by, the authorization for 

20 State selections under— 

21 (1) sections 6, 8, and 12 of the Act of July 16, 

22 1894 (28 Stat. 107, chapter 138); or 

23 (2) sections 2275 and 2276 of the Revised Stat24 utes (43 U.S.C. 851, 852). 


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Union Calendar No. 832 

115TH CONGRESS 

2D SESSION H. R. 5727 

[Report No. 115–1071] 

A BILL 

To establish the San Rafael Swell Western Heritland conveyances, and for other purposes. ness areas in the State, to provide for certain Area in the State of Utah, to designate wilder- age and Historic Mining National Conservation 

DECEMBER 10, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBFK8HB2PROD with BILLS