II

Calendar No. 791

106TH CONGRESS

2D SESSION S. 2048

[Report No. 106–401]

To establish the San Rafael Western Legacy District in the State of Utah,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 9, 2000

Mr. HATCH (for himself and Mr. BENNETT) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 7, 2000

Reported by Mr. MURKOWSKI, with an amendment

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

A BILL

To establish the San Rafael Western Legacy District in

the State of Utah, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘San Rafael Western Legacy District and National Con4 servation Act’’.

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

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Definitions.

TITLE I—SAN RAFAEL WESTERN LEGACY DISTRICT

Sec. 101. Establishment of the San Rafael Western Legacy District.

Sec. 102. Management and use of the San Rafael Western Legacy District.

TITLE II—SAN RAFAEL NATIONAL CONSERVATION AREA

Sec. 201. Designation of the San Rafael National Conservation Area.

Sec. 202. Management of the San Rafael National Conservation Area.

7 SEC. 2. PURPOSES.

8 The purposes of this Act are—

9 (1) to promote—

10 (A) the preservation, conservation, inter11 pretation, scientific research, and development

12 of the historical, cultural, natural, recreational,

13 archaeological, paleontological, environmental,

14 biological, educational, wilderness, and scenic

15 resources of the San Rafael region of the State

16 of Utah; and

17 (B) the economic viability of rural commu18 nities in the San Rafael region; and

19 (2) to conserve, protect, and enhance for the

20 benefit and enjoyment of present and future genera-
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1 tions of people the unique and nationally important

2 values of the Western Legacy District and the public

3 land described in section 201(b) (including histor4 ical, cultural, natural, recreational, scientific, archae5 ological, paleontological, environmental, biological,

6 wilderness, wildlife, educational, and scenic re7 sources).

8 SEC. 3. DEFINITIONS.

9 In this Act:

10 (1) CONSERVATION AREA.—The term ‘‘Con11 servation Area’’ means the San Rafael National

12 Conservation Area established by section 201(a).

13 (2) LEGACY COUNCIL.—The term ‘‘Legacy

14 Council’’ means the council established under section

15 101(d).

16 (3) MANAGEMENT PLAN.—The term ‘‘manage17 ment plan’’ means the management plan for the

18 Conservation Area required to be developed under

19 section 202(e).

20 (4) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior, acting through the Di22 rector of the Bureau of Land Management.

23 (5) WESTERN LEGACY DISTRICT.—The term

24 ‘‘Western Legacy District’’ means the San Rafael
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1 Western Legacy District established by section

2 101(a).

3 TITLE I—SAN RAFAEL WESTERN

4 LEGACY DISTRICT

5 SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL WESTERN

6 LEGACY DISTRICT.

7 (a) IN GENERAL.—There is established the San

8 Rafael Western Legacy District.

9 (b) AREAS INCLUDED.—The Western Legacy Dis10 trict shall consist of approximately 2,842,800 acres of land

11 in the Emery County, Utah, as generally depicted on the

12 map entitled ‘‘San Rafael Swell Western Legacy District

13 and National Conservation Area’’ and dated lllll.

14 (c) MAP AND LEGAL DESCRIPTION.—

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

16 the date of enactment of this Act, the Secretary

17 shall submit to Congress a map and legal description

18 of the Western Legacy District.

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

20 shall have the same effect as if included in this Act,

21 except that the Secretary may correct errors in the

22 map and legal description.

23 (3) COPIES.—Copies of the map and legal de24 scription shall be on file and available for public in25 spection in—
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1 (A) the Office of the Director of the Bu2 reau of Land Management; and

3 (B) the appropriate office of the Bureau of

4 the Land Management in the State of Utah.

5 (d) LEGACY COUNCIL.—

6 (1) ESTABLISHMENT.—The Secretary shall es7 tablish a Legacy Council to advise the Secretary

8 with respect to the Western Legacy District.

9 (2) FUNCTION.—The Legacy Council may fur10 nish advice and recommendations to the Secretary

11 with respect to management, grants, projects, and

12 technical assistance.

13 (3) MEMBERSHIP.—The Legacy Council shall

14 consist of not more than 10 members appointed by

15 the Secretary as follows:

16 (A) 2 members from among the rec17 ommendations submitted by the Governor of

18 the State of Utah.

19 (B) 2 members from among the rec20 ommendations submitted by the Emery County,

21 Utah, Commissioners.

22 (C) The remaining members from among

23 persons who are recognized as experts in con24 servation of the historical, cultural, natural,

25 recreational, archaeological, environmental, bio-
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1 logical, educational, and scenic resources or

2 other disciplines directly related to the purposes

3 for which the Western Legacy District is estab4 lished.

5 (4) RELATIONSHIP TO OTHER LAW.—The es6 tablishment and operation of the Legacy Council

7 shall conform to the requirements of—

8 (A) the Federal Advisory Committee Act

9 (5 U.S.C. App.); and

10 (B) the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1701 et seq.).

12 (e) ASSISTANCE.—

13 (1) IN GENERAL.—To carry out this section,

14 the Secretary may make grants and provide tech15 nical assistance to any nonprofit organization or unit

16 of government with authority in the boundaries of

17 the Western Legacy District.

18 (2) PERMITTED USES.—Grants and technical

19 assistance under this section may be used for—

20 (A) planning;

21 (B) reports;

22 (C) studies;

23 (D) interpretive exhibits;

24 (E) historic preservation projects;
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1 (F) construction of cultural, recreational,

2 educational, and interpretive facilities that are

3 open to the public; and

4 (G) such other expenditures as are con5 sistent with this Act.

6 (3) PLANNING.—Grants and technical assist7 ance for use in planning activities may be provided

8 under this subsection only to a unit of government

9 or a political subdivision of the State of Utah in an

10 amount—

11 (A) not to exceed $100,000 for any fiscal

12 year; and

13 (B) not to exceed an aggregate amount of

14 $200,000.

15 (4) MATCHING FUNDS.—Federal funding pro16 vided under this section may not exceed 50 percent

17 of the total cost of the activity carried out with the

18 funding, except that non-Federal matching funds are

19 not required with respect to—

20 (A) planning activities carried out with as21 sistance under paragraph (3); or

22 (B) use of assistance under this section for

23 facilities located on public land and owned by

24 the Federal Government.
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1 (5) AUTHORIZATION OF APPROPRIATIONS.—

2 There are authorized to be appropriated to carry out

3 this section not more than $1,000,000 for each fiscal

4 year, not to exceed a total of $10,000,000.

5 SEC. 102. MANAGEMENT AND USE OF THE WESTERN LEG6 ACY DISTRICT.

7 (a) IN GENERAL.—The Secretary shall administer

8 the public land within the Western Legacy District in ac9 cordance with—

10 (1) this Act; and

11 (2) the applicable provisions of the Federal

12 Land Policy and Management Act (43 U.S.C. 1701

13 et seq.).

14 (b) USE OF PUBLIC LAND.—The Secretary shall

15 allow such uses of the public land as the Secretary deter16 mines will further the purposes for which the Western

17 Legacy District is established.

18 (c) EFFECT OF ACT.—Nothing in this Act—

19 (1) affects the jurisdiction or responsibilities of

20 the State of Utah with respect to fish and wildlife

21 in the Western Legacy District;

22 (2) affects private property rights within the

23 Western Legacy District; or
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1 (3) diminishes the authority, rights, or respon2 sibilities of the Secretary for managing the public

3 land within the Western Legacy District.

4 TITLE II—SAN RAFAEL NA5 TIONAL CONSERVATION AREA

6 SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL

7 CONSERVATION AREA.

8 (a) PURPOSES.—There is established the San Rafael

9 National Conservation Area in the State of Utah.

10 (b) AREAS INCLUDED.—

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the Conservation Area shall consist of ap13 proximately 947,000 acres of public land in Emery

14 County, Utah, as generally depicted on the map en15 titled ‘‘San Rafael Swell Western Legacy District

16 and National Conservation Area’’ and dated

17 llll.

18 (2) BOUNDARY.—The boundary of the Con19 servation Area shall be set back 300 feet from the

20 edge of the Interstate Route 70 right-of-way.

21 (c) MAP AND LEGAL DESCRIPTION.—

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

23 the date of enactment of this Act, the Secretary

24 shall submit to Congress a map and legal description

25 of the Conservation Area.
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1 (2) EFFECT.—The map and legal description

2 shall have the same effect as if included in this Act,

3 except that the Secretary may correct errors in the

4 map and legal description.

5 (3) COPIES.—Copies of the map and legal de6 scription shall be on file and available for public in7 spection in—

8 (A) the Office of the Director of the Bu9 reau of Land Management; and

10 (B) the appropriate office of the Bureau of

11 Land Management in the State of Utah.

12 SEC. 202. MANAGEMENT OF THE CONSERVATION AREA.

13 (a) MANAGEMENT.—The Secretary shall manage the

14 Conservation Area in a manner that—

15 (1) conserves, protects, and enhances the re16 sources and values of the Conservation Area, includ17 ing the resources and values specified in section

18 2(2); and

19 (2) is consistent with—

20 (A) the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1701 et seq.); and

22 (B) other applicable provisions of law (in23 cluding this Act).

24 (b) USES.—
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1 (1) IN GENERAL.—The Secretary shall allow

2 only such uses of the Conservation Area as the Sec3 retary finds will further the purposes for which the

4 Conservation Area was established.

5 (2) MOTORIZED VEHICLES.—Except where

6 needed for administrative purposes or to respond to

7 an emergency, use of motorized vehicles in the Con8 servation Area shall be permitted only on roads and

9 trails designated for use of motorized vehicles as

10 part of the management plan.

11 (c) WITHDRAWALS.—

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

13 rights and except as provided in paragraph (2), all

14 Federal land within the Conservation Area and all

15 land and interests in land that are acquired by the

16 United States after the date of enactment of this

17 Act are withdrawn from—

18 (A) all forms of entry, appropriation, or

19 disposal under the public land laws;

20 (B) location, entry, and patent under the

21 mining laws; and

22 (C) operation of the mineral leasing and

23 geothermal leasing laws.

24 (2) COMMUNICATION FACILITIES.—
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1 (A) IN GENERAL.—The Secretary may au2 thorize the installation of communication facili3 ties within the Conservation Area only to the

4 extent that the facilities are necessary for pub5 lic safety purposes.

6 (B) MINIMAL IMPACT.—Communication

7 facilities shall—

8 (i) have a minimal impact on the re9 sources of the Conservation Area; and

10 (ii) be consistent with the manage11 ment plan.

12 (d) HUNTING, TRAPPING, AND FISHING.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the Secretary shall permit hunting, trap15 ping, and fishing within the Conservation Area in

16 accordance with applicable laws (including regula17 tions) of the United States and the State of Utah.

18 (2) REGULATIONS.—The Secretary, after con19 sultation with the Utah Division of Wildlife Re20 sources, may promulgate regulations designating

21 zones where and establishing periods when no hunt22 ing, trapping, or fishing shall be permitted in the

23 Conservation Area for reasons of public safety, ad24 ministration, or public use and enjoyment.

25 (e) MANAGEMENT PLAN.—
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1 (1) IN GENERAL.—Not later than 4 years after

2 the date of enactment of this Act, the Secretary

3 shall develop a comprehensive plan for the long4 range protection and management of the Conserva5 tion Area.

6 (2) CONTENTS.—The management plan—

7 (A) shall describe the appropriate uses and

8 management of the Conservation Area con9 sistent with this Act; and

10 (B) may—

11 (i) incorporate appropriate decisions

12 contained in any management or activity

13 plan for the area; and

14 (ii) use information developed in pre15 vious studies of the land within or adjacent

16 to the Conservation Area.

17 (f) STATE TRUST LANDS.—The State of Utah and

18 the Secretary may exchange Federal land, Federal mineral

19 interests, or payment of money for land and mineral inter20 ests of approximately equal value that are managed by the

21 Utah School and Institutional Trust Lands Administra22 tion within the Conservation Area.

23 (g) ACCESS.—The Secretary, the State of Utah, and

24 Emery County, Utah, may agree to resolve section 2477
14

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1 of the Revised Statutes and other access issues within the

2 Conservation Area.

3 (h) WILDLIFE MANAGEMENT.—Nothing in this Act

4 diminishes the responsibility and authority of the State

5 of Utah for management of fish and wildlife within the

6 Conservation Area.

7 (i) GRAZING.—Where the Secretary permits livestock

8 grazing on the date of enactment of this Act, such grazing

9 shall be allowed subject to all applicable laws (including

10 regulations) and executive orders.

11 (j) NO BUFFER ZONES.—

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

13 the establishment of the Conservation Area to lead

14 to the creation of protective perimeters or buffer

15 zones around the Conservation Area.

16 (2) ACTIVITIES OUTSIDE CONSERVATION

17 AREA.—That there may be activities or uses of land

18 outside the Conservation Area that would not be

19 permitted in the Conservation Area shall not pre20 clude such activities or uses on the land up to the

21 boundary of the Conservation Area (or on private

22 land within the Conservation Area) consistent with

23 other applicable laws.

24 (k) WATER RIGHTS.—
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1 (1) IN GENERAL.—The establishment of the

2 Conservation Area shall not constitute any implied

3 or express reservation of any water or water right

4 pertaining to surface or ground water.

5 (2) STATE RIGHTS.—Nothing in this Act

6 affects—

7 (A) any valid existing surface water or

8 ground water right in effect on the date of en9 actment of this Act; or

10 (B) any water right approved after the

11 date of enactment of this Act under the laws of

12 the State of Utah or any other State.

13 (l) NO EFFECT ON APPLICATION OF OTHER ACTS.—

14 (1) IN GENERAL.—Nothing in this Act affects

15 the application of any provision of the Wilderness

16 Act (16 U.S.C. 1131) or the Federal Land Policy

17 and Management Act of 1976 (43 U.S.C. 1701 et

18 seq.) to wilderness resources in the Conservation

19 Area.

20 (2) ISSUE RESOLUTION.—Recognizing that the

21 designation of a wilderness area for inclusion in the

22 National Wilderness Preservation System requires

23 an Act of Congress, the Secretary, the State of

24 Utah, Emery County, Utah, and affected stake-
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1 holders may work toward resolving wilderness issues

2 within the Conservation Area.

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘San Rafael Western Leg5 acy District and National Conservation Act’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:

8 (1) CONSERVATION AREA.—The term ‘‘Conserva9 tion Area’’ means the San Rafael National Conserva10 tion Area established by section 201.

11 (2) SECRETARY.—The term ‘‘Secretary’’ means

12 the Secretary of the Interior.

13 (3) WESTERN LEGACY DISTRICT.—The term

14 ‘‘Western Legacy District’’ means the San Rafael

15 Western Legacy District established by section 101.

16 TITLE I—SAN RAFAEL WESTERN

17 LEGACY DISTRICT

18 SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL WESTERN

19 LEGACY DISTRICT.

20 (a) IN GENERAL.—In order to promote the preserva21 tion, conservation, interpretation, scientific research, and

22 development of the historical, cultural, natural, rec23 reational, archeological, paleontological, environmental, bi24 ological, educational, wilderness, and scenic resources of the

25 San Rafael region of the State of Utah, as well as the eco-
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1 nomic viability of rural communities in the region, there

2 is hereby established the San Rafael Western Legacy Dis3 trict, to include the San Rafael National Conservation Area

4 established by section 201.

5 (b) AREAS INCLUDED.—The Western Legacy District

6 shall consist of approximately 2,842,800 acres of land in

7 the County of Emery, Utah, as generally depicted on the

8 map entitled ‘‘San Rafael Western Legacy District and Na9 tional Conservation Area’’ and dated March 24, 2000.

10 (c) MAP AND LEGAL DESCRIPTION.—As soon as prac11 ticable after the date of the enactment of this Act, the Sec12 retary shall submit to the Congress a map and legal de13 scription of the Western Legacy District. The map and legal

14 description shall have the same force and effect as if in15 cluded in this Act, except the Secretary may correct clerical

16 and typographical errors in such map and legal descrip17 tion. Copies of the map and legal description shall be on

18 file and available for public inspection in the Office of the

19 Director of the Bureau of Land Management, and in the

20 appropriate office of the Bureau of the Land Management

21 in Utah.

22 (d) LEGACY COUNCIL.—

23 (1) IN GENERAL.—The Secretary shall establish

24 a Legacy Council to advise the Secretary with respect

25 to the Western Legacy District. The Legacy Council
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1 may furnish advice and recommendations to the Sec2 retary with respect to management, grants, projects,

3 and technical assistance.

4 (2) MEMBERSHIP.—The Legacy Council shall

5 consist of not more than 10 members appointed by the

6 Secretary. Two members shall be appointed from

7 among the recommendations submitted by the Gov8 ernor of Utah and 2 members shall be appointed from

9 among the recommendations submitted by the Emery

10 County Commissioners. The remaining members shall

11 be persons recognized as experts in conservation of the

12 historical, cultural, natural, recreational, archeo13 logical, environmental, biological, educational, and

14 scenic resources or other disciplines directly related to

15 the purposes for which the Western Legacy District is

16 established.

17 (3) RELATIONSHIP TO OTHER LAW.—The estab18 lishment and operation of the Legacy Council estab19 lished under this section shall conform to the require20 ment of the Federal Advisory Committee Act (5

21 U.S.C. App.) and the Federal Land Policy and Man22 agement Act of 1976 (43 U.S.C. 1701 et seq.).

23 (e) ASSISTANCE.—

24 (1) IN GENERAL.—The Secretary may make

25 grants and provide technical assistance to accomplish
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1 the purposes of this section to any nonprofit or unit

2 of government with authority in the boundaries of the

3 Western Legacy District.

4 (2) PERMITTED USES.—Grants and technical as5 sistance made under this section may be used for

6 planning, reports, studies, interpretive exhibits, his7 toric preservation projects, construction of cultural,

8 recreational, educational, and interpretive facilities

9 that are open to the public, and such other expendi10 tures as are consistent with this Act.

11 (3) PLANNING.—Up to $100,000 of amounts

12 available to carry out this section each fiscal year, up

13 to a total amount not to exceed $200,000, may be pro14 vided under this subsection only to a unit of govern15 ment or a political subdivision of the State of Utah

16 for use for planning activities.

17 (4) MATCHING FUNDS.—Federal funding pro18 vided under this section may not exceed 50 percent of

19 the total cost of the activity carried out with such

20 funding, except that non-Federal matching funds are

21 not required with respect to—

22 (A) planning activities carried out with as23 sistance under paragraph (3); and
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1 (B) use of assistance under this section for

2 facilities located on public lands and that are

3 owned by the Federal Government.

4 (5) AUTHORIZATION OF APPROPRIATIONS.—

5 There are authorized to be appropriated under this

6 section not more than $1,000,000 annually for any

7 fiscal year, not to exceed a total of $10,000,000.

8 SEC. 102. MANAGEMENT AND USE OF THE SAN RAFAEL

9 WESTERN LEGACY DISTRICT.

10 (a) IN GENERAL.—The Secretary, through the Bureau

11 of Land Management and subject to all valid existing

12 rights, shall administer the public lands within the Western

13 Legacy District pursuant to this Act and the applicable

14 provisions of the Federal Land Policy and Management Act

15 (43 U.S.C. 1701 et seq.). The Secretary shall allow such

16 uses of the public land as the Secretary determines will fur17 ther the purposes for which the Western Legacy District was

18 established.

19 (b) FISH AND WILDLIFE.—Nothing in this Act shall

20 be construed as affecting the jurisdiction or responsibilities

21 of the State of Utah with respect to fish and wildlife within

22 the Western Legacy District.

23 (c) PRIVATE LANDS.—Nothing in this Act shall be con24 strued as affecting private property rights within the West25 ern Legacy District.
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1 (d) PUBLIC LANDS.—Nothing in this Act shall be con2 strued as in any way diminishing the Secretary’s or the

3 Bureau of Land Management’s authorities, rights, or re4 sponsibilities for managing the public lands within the

5 Western Legacy District.

6 TITLE II—SAN RAFAEL

7 NATIONAL CONSERVATION AREA

8 SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL

9 CONSERVATION AREA.

10 (a) PURPOSES.—In order to conserve, protect, and en11 hance for the benefit and enjoyment of present and future

12 generations the unique and nationally important values of

13 the Western Legacy District and the public lands described

14 in subsection (b), including historical, cultural, natural,

15 recreational, scientific, archeological, paleontological, envi16 ronmental, biological, wilderness, wildlife, educational, and

17 scenic resources, there is hereby established the San Rafael

18 National Conservation Area in the State of Utah.

19 (b) AREAS INCLUDED.—The Conservation Area shall

20 consist of approximately 947,000 acres of public lands in

21 the County of Emery, Utah, as generally depicted on the

22 map entitled ‘‘San Rafael Western Legacy District and Na23 tional Conservation Area’’ and dated March 24, 2000. Not24 withstanding any depiction on such map, the boundary of

25 the Conservation Area shall be set back 300 feet from the
22

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1 edge of the Interstate 70 right-of-way and 300 feet from the

2 edge of the State Route 24 right-of-way.

3 (c) MAP AND LEGAL DESCRIPTION.—As soon as prac4 ticable after the date of the enactment of this Act, the Sec5 retary shall submit to the Congress a map and legal de6 scription of the Conservation Area. The map and legal de7 scription shall have the same force and effect as if included

8 in this Act, except the Secretary may correct clerical and

9 typographical errors in such map and legal description.

10 Copies of the map and legal description shall be on file and

11 available for public inspection in the Office of the Director

12 of the Bureau of Land Management and in the appropriate

13 office of the Bureau of Land Management in Utah.

14 SEC. 202. MANAGEMENT OF THE SAN RAFAEL NATIONAL

15 CONSERVATION AREA.

16 (a) MANAGEMENT.—The Secretary, acting through the

17 Bureau of Land Management, shall manage the Conserva18 tion Area in a manner that conserves, protects, and en19 hances its resources and values, including those resources

20 and values specified in section 201(a), and pursuant to the

21 Federal Land Policy and Management Act of 1976 (43

22 U.S.C. 1701 et seq.), and other applicable provisions of law,

23 including this Act.
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1 (b) USES.—The Secretary shall allow only such uses

2 of the Conservation Area as the Secretary finds will further

3 the purposes for which the Conservation Area is established.

4 (c) VEHICULAR USES.—

5 (1) IN GENERAL.—Except where needed for ad6 ministrative purposes or to respond to an emergency,

7 and subject to paragraph (2), use of motorized vehi8 cles in the Conservation Area shall be—

9 (A) prohibited at all times in areas where

10 roads and trails did not exist as of February 2,

11 2000;

12 (B) limited to roads and trails that—

13 (i) existed as of February 2, 2000; and

14 (ii) are designated for motorized vehi15 cle use as part of the management plan pre16 pared pursuant to subsection (f); and

17 (C) managed consistent with section 8340 of

18 title 43, Code of Federal Regulations (relating to

19 designating public lands as open, limited, or

20 closed to the use of off-road vehicles and estab21 lishing controls governing the use and operation

22 of off-road vehicles in such areas).

23 (2) LIMITATION ON APPLICATION.—(A) Subpara24 graphs (A) and (B) of paragraph (1) do not limit the
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1 provision of reasonable access to private lands or

2 State lands within the Conservation Area.

3 (B) Any access to private lands or State lands

4 pursuant to subparagraph (A) of this paragraph shall

5 be restricted to exclusive use by, respectively, the

6 owner of the private lands or the State.

7 (d) WITHDRAWALS.—

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

9 rights and except as provided in paragraph (2), all

10 Federal lands within the Conservation Area and all

11 lands and interests therein that are hereafter acquired

12 by the United States are hereby withdrawn from all

13 forms of entry, appropriation, or disposal under the

14 public land laws and from location, entry, and patent

15 under the mining laws, and from operation of the

16 mineral leasing and geothermal leasing laws and all

17 amendments thereto. Nothing in this paragraph shall

18 be construed to effect discretionary authority of the

19 Secretary under other Federal laws to grant, issue, or

20 renew rights-of-way or other land use authorizations

21 consistent with the other provisions of this Act.

22 (2) COMMUNICATION FACILITIES.—The Secretary

23 may authorize the installation of communications fa24 cilities within the Conservation Area, but only to the

25 extent that they are necessary for public safety pur-
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1 poses. Such facilities must have a minimal impact on

2 the resources of the Conservation Area and must be

3 consistent with the management plan established

4 under subsection (f).

5 (e) HUNTING, TRAPPING, AND FISHING.—Hunting,

6 trapping, and fishing shall be permitted within the Con7 servation Area in accordance with applicable laws and reg8 ulations of the United States and the State of Utah, except

9 that the Utah Division of Wildlife Resources, or the Sec10 retary after consultation with the Utah Division of Wildlife

11 Resources, may issue regulations designating zones where

12 and establishing periods when no hunting, trapping, or

13 fishing shall be permitted for reasons of public safety, ad14 ministration, or public use and enjoyment.

15 (f) MANAGEMENT PLAN.—Within 4 years after the

16 date of enactment of this Act, the Secretary shall develop

17 a comprehensive plan for the long-range protection and

18 management of the Conservation Area. The plan shall de19 scribe the appropriate uses and management of the Con20 servation Area consistent with the provisions of this Act.

21 The plan shall include, as an integral part, a comprehen22 sive transportation plan for the lands within the Conserva23 tion Area. In preparing the transportation plan the Sec24 retary shall conduct a complete review of all roads and

25 trails within the Conservation Area. The plan may incor-
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1 porate appropriate decisions contained in any current

2 management or activity plan for the area and may use in3 formation developed in previous studies of the lands within

4 or adjacent to the Conservation Area.

5 (g) STATE TRUST LANDS.—The State of Utah and the

6 Secretary may agree to exchange Federal lands, Federal

7 mineral interests, or payment of money for lands and min8 eral interests of approximately equal value that are man9 aged by the Utah School and Institutional Trust Lands Ad10 ministration and inheld within the boundaries of the Con11 servation Area.

12 (h) ACCESS.—The Bureau of Land Management, the

13 State of Utah, and Emery County may agree to resolve sec14 tion 2477 of the Revised Statutes and other access issues

15 within the Conservation Area.

16 (i) WILDLIFE MANAGEMENT.—Nothing in this Act

17 shall be deemed to diminish the responsibility and author18 ity of the State of Utah for management of fish and wildlife

19 within the Conservation Area.

20 (j) GRAZING.—Where the Secretary of the Interior cur21 rently permits grazing, such grazing shall be allowed subject

22 to all applicable laws, regulations, and executive orders.

23 (k) NO BUFFER ZONES.—The Congress does not in24 tend for the establishment of the Conservation Area to lead

25 to the creation of protection perimeters or buffer zones
27

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1 around the Conservation Area. The fact that there may be

2 activities or uses on lands outside the Conservation Area

3 that would not be permitted in the Conservation Area shall

4 not preclude such activities or uses on such lands up to the

5 boundary of the Conservation Area consistent with other

6 applicable laws.

7 (l) WATER RIGHTS.—Because the available water re8 sources in the drainage basins included in part within the

9 exterior boundaries of the Conservation Area have already

10 been appropriated—

11 (1) nothing in this Act, the management plan re12 quired by subsection (f), or any action taken pursu13 ant thereto, shall constitute either an express or im14 plied reservation of surface or ground water;

15 (2) nothing in this Act affects any valid existing

16 water rights in existence before the date of enactment

17 of this Act, including any water rights held by the

18 United States; and

19 (3) if the United States determines that addi20 tional water resources are needed for the purposes of

21 this Act, the United States shall work, with or

22 through any agency that is eligible to hold instream

23 flow water rights, to acquire such rights in accord24 ance with Utah State water law.
28

S 2048 RS

1 (m) WILDERNESS ACTS.—Nothing in this Act alters

2 the provisions of the Wilderness Act of 1964 (16 U.S.C.

3 1131) or the Federal Land Policy and Management Act of

4 1976 (43 U.S.C. 1701 et seq.) as they pertain to wilderness

5 resources within the Conservation Area. Recognizing that

6 the designation of wilderness areas requires an Act of Con7 gress, the Bureau of Land Management, the State of Utah,

8 Emery County, and affected stakeholders may work toward

9 resolving various wilderness issues within the Conservation

10 Area.

11 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated to the Sec13 retary to carry out this title such sums as may be necessary.

Calendar No. 791

106TH CONGRESS

2D SESSION S. 2048

[Report No. 106–401]

A BILL

To establish the San Rafael Western Legacy District in the State of Utah, and for other purposes.

SEPTEMBER 7, 2000

Reported with an amendment