II

106TH CONGRESS

2D SESSION S. 2048

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

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘San Rafael Western Legacy District and National Con6 servation Act’’.

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

8 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Definitions.
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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.

1 SEC. 2. PURPOSES.

2 The purposes of this Act are—

3 (1) to promote—

4 (A) the preservation, conservation, inter5 pretation, scientific research, and development

6 of the historical, cultural, natural, recreational,

7 archaeological, paleontological, environmental,

8 biological, educational, wilderness, and scenic

9 resources of the San Rafael region of the State

10 of Utah; and

11 (B) the economic viability of rural commu12 nities in the San Rafael region; and

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

14 benefit and enjoyment of present and future genera15 tions of people the unique and nationally important

16 values of the Western Legacy District and the public

17 land described in section 201(b) (including histor18 ical, cultural, natural, recreational, scientific, archae19 ological, paleontological, environmental, biological,

20 wilderness, wildlife, educational, and scenic re21 sources).
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) CONSERVATION AREA.—The term ‘‘Con4 servation Area’’ means the San Rafael National

5 Conservation Area established by section 201(a).

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

7 Council’’ means the council established under section

8 101(d).

9 (3) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the management plan for the

11 Conservation Area required to be developed under

12 section 202(e).

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

14 the Secretary of the Interior, acting through the Di15 rector of the Bureau of Land Management.

16 (5) WESTERN LEGACY DISTRICT.—The term

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

18 Western Legacy District established by section

19 101(a).

20 TITLE I—SAN RAFAEL WESTERN

21 LEGACY DISTRICT

22 SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL WESTERN

23 LEGACY DISTRICT.

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

25 Rafael Western Legacy District.
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1 (b) AREAS INCLUDED.—The Western Legacy Dis2 trict shall consist of approximately 2,842,800 acres of land

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

4 map entitled ‘‘San Rafael Swell Western Legacy District

5 and National Conservation Area’’ and dated lllll.

6 (c) MAP AND LEGAL DESCRIPTION.—

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

8 the date of enactment of this Act, the Secretary

9 shall submit to Congress a map and legal description

10 of the Western Legacy District.

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

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

13 except that the Secretary may correct errors in the

14 map and legal description.

15 (3) COPIES.—Copies of the map and legal de16 scription shall be on file and available for public in17 spection in—

18 (A) the Office of the Director of the Bu19 reau of Land Management; and

20 (B) the appropriate office of the Bureau of

21 the Land Management in the State of Utah.

22 (d) LEGACY COUNCIL.—

23 (1) ESTABLISHMENT.—The Secretary shall es24 tablish a Legacy Council to advise the Secretary

25 with respect to the Western Legacy District.
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1 (2) FUNCTION.—The Legacy Council may fur2 nish advice and recommendations to the Secretary

3 with respect to management, grants, projects, and

4 technical assistance.

5 (3) MEMBERSHIP.—The Legacy Council shall

6 consist of not more than 10 members appointed by

7 the Secretary as follows:

8 (A) 2 members from among the rec9 ommendations submitted by the Governor of

10 the State of Utah.

11 (B) 2 members from among the rec12 ommendations submitted by the Emery County,

13 Utah, Commissioners.

14 (C) The remaining members from among

15 persons who are recognized as experts in con16 servation of the historical, cultural, natural,

17 recreational, archaeological, environmental, bio18 logical, educational, and scenic resources or

19 other disciplines directly related to the purposes

20 for which the Western Legacy District is estab21 lished.

22 (4) RELATIONSHIP TO OTHER LAW.—The es23 tablishment and operation of the Legacy Council

24 shall conform to the requirements of—
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1 (A) the Federal Advisory Committee Act

2 (5 U.S.C. App.); and

3 (B) the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1701 et seq.).

5 (e) ASSISTANCE.—

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

7 the Secretary may make grants and provide tech8 nical assistance to any nonprofit organization or unit

9 of government with authority in the boundaries of

10 the Western Legacy District.

11 (2) PERMITTED USES.—Grants and technical

12 assistance under this section may be used for—

13 (A) planning;

14 (B) reports;

15 (C) studies;

16 (D) interpretive exhibits;

17 (E) historic preservation projects;

18 (F) construction of cultural, recreational,

19 educational, and interpretive facilities that are

20 open to the public; and

21 (G) such other expenditures as are con22 sistent with this Act.

23 (3) PLANNING.—Grants and technical assist24 ance for use in planning activities may be provided

25 under this subsection only to a unit of government
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1 or a political subdivision of the State of Utah in an

2 amount—

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

4 year; and

5 (B) not to exceed an aggregate amount of

6 $200,000.

7 (4) MATCHING FUNDS.—Federal funding pro8 vided under this section may not exceed 50 percent

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

10 funding, except that non-Federal matching funds are

11 not required with respect to—

12 (A) planning activities carried out with as13 sistance under paragraph (3); or

14 (B) use of assistance under this section for

15 facilities located on public land and owned by

16 the Federal Government.

17 (5) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated to carry out

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

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

21 SEC. 102. MANAGEMENT AND USE OF THE WESTERN LEG22 ACY DISTRICT.

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

24 the public land within the Western Legacy District in ac25 cordance with—
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1 (1) this Act; and

2 (2) the applicable provisions of the Federal

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

4 et seq.).

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

6 allow such uses of the public land as the Secretary deter7 mines will further the purposes for which the Western

8 Legacy District is established.

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

10 (1) affects the jurisdiction or responsibilities of

11 the State of Utah with respect to fish and wildlife

12 in the Western Legacy District;

13 (2) affects private property rights within the

14 Western Legacy District; or

15 (3) diminishes the authority, rights, or respon16 sibilities of the Secretary for managing the public

17 land within the Western Legacy District.

18 TITLE II—SAN RAFAEL NA19 TIONAL CONSERVATION AREA

20 SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL

21 CONSERVATION AREA.

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

23 National Conservation Area in the State of Utah.

24 (b) AREAS INCLUDED.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Conservation Area shall consist of ap3 proximately 947,000 acres of public land in Emery

4 County, Utah, as generally depicted on the map en5 titled ‘‘San Rafael Swell Western Legacy District

6 and National Conservation Area’’ and dated

7 llll.

8 (2) BOUNDARY.—The boundary of the Con9 servation Area shall be set back 300 feet from the

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

11 (c) MAP AND LEGAL DESCRIPTION.—

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

13 the date of enactment of this Act, the Secretary

14 shall submit to Congress a map and legal description

15 of the Conservation Area.

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

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

18 except that the Secretary may correct errors in the

19 map and legal description.

20 (3) COPIES.—Copies of the map and legal de21 scription shall be on file and available for public in22 spection in—

23 (A) the Office of the Director of the Bu24 reau of Land Management; and
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1 (B) the appropriate office of the Bureau of

2 Land Management in the State of Utah.

3 SEC. 202. MANAGEMENT OF THE CONSERVATION AREA.

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

5 Conservation Area in a manner that—

6 (1) conserves, protects, and enhances the re7 sources and values of the Conservation Area, includ8 ing the resources and values specified in section

9 2(2); and

10 (2) is consistent with—

11 (A) the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1701 et seq.); and

13 (B) other applicable provisions of law (in14 cluding this Act).

15 (b) USES.—

16 (1) IN GENERAL.—The Secretary shall allow

17 only such uses of the Conservation Area as the Sec18 retary finds will further the purposes for which the

19 Conservation Area was established.

20 (2) MOTORIZED VEHICLES.—Except where

21 needed for administrative purposes or to respond to

22 an emergency, use of motorized vehicles in the Con23 servation Area shall be permitted only on roads and

24 trails designated for use of motorized vehicles as

25 part of the management plan.
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1 (c) WITHDRAWALS.—

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

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

4 Federal land within the Conservation Area and all

5 land and interests in land that are acquired by the

6 United States after the date of enactment of this

7 Act are withdrawn from—

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

9 disposal under the public land laws;

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

11 mining laws; and

12 (C) operation of the mineral leasing and

13 geothermal leasing laws.

14 (2) COMMUNICATION FACILITIES.—

15 (A) IN GENERAL.—The Secretary may au16 thorize the installation of communication facili17 ties within the Conservation Area only to the

18 extent that the facilities are necessary for pub19 lic safety purposes.

20 (B) MINIMAL IMPACT.—Communication

21 facilities shall—

22 (i) have a minimal impact on the re23 sources of the Conservation Area; and

24 (ii) be consistent with the manage25 ment plan.
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1 (d) HUNTING, TRAPPING, AND FISHING.—

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the Secretary shall permit hunting, trap4 ping, and fishing within the Conservation Area in

5 accordance with applicable laws (including regula6 tions) of the United States and the State of Utah.

7 (2) REGULATIONS.—The Secretary, after con8 sultation with the Utah Division of Wildlife Re9 sources, may promulgate regulations designating

10 zones where and establishing periods when no hunt11 ing, trapping, or fishing shall be permitted in the

12 Conservation Area for reasons of public safety, ad13 ministration, or public use and enjoyment.

14 (e) MANAGEMENT PLAN.—

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

16 the date of enactment of this Act, the Secretary

17 shall develop a comprehensive plan for the long18 range protection and management of the Conserva19 tion Area.

20 (2) CONTENTS.—The management plan—

21 (A) shall describe the appropriate uses and

22 management of the Conservation Area con23 sistent with this Act; and

24 (B) may—
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1 (i) incorporate appropriate decisions

2 contained in any management or activity

3 plan for the area; and

4 (ii) use information developed in pre5 vious studies of the land within or adjacent

6 to the Conservation Area.

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

8 the Secretary may exchange Federal land, Federal mineral

9 interests, or payment of money for land and mineral inter10 ests of approximately equal value that are managed by the

11 Utah School and Institutional Trust Lands Administra12 tion within the Conservation Area.

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

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

15 of the Revised Statutes and other access issues within the

16 Conservation Area.

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

18 diminishes the responsibility and authority of the State

19 of Utah for management of fish and wildlife within the

20 Conservation Area.

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

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

23 shall be allowed subject to all applicable laws (including

24 regulations) and executive orders.

25 (j) NO BUFFER ZONES.—
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1 (1) IN GENERAL.—Congress does not intend for

2 the establishment of the Conservation Area to lead

3 to the creation of protective perimeters or buffer

4 zones around the Conservation Area.

5 (2) ACTIVITIES OUTSIDE CONSERVATION

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

7 outside the Conservation Area that would not be

8 permitted in the Conservation Area shall not pre9 clude such activities or uses on the land up to the

10 boundary of the Conservation Area (or on private

11 land within the Conservation Area) consistent with

12 other applicable laws.

13 (k) WATER RIGHTS.—

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

15 Conservation Area shall not constitute any implied

16 or express reservation of any water or water right

17 pertaining to surface or ground water.

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

19 affects—

20 (A) any valid existing surface water or

21 ground water right in effect on the date of en22 actment of this Act; or

23 (B) any water right approved after the

24 date of enactment of this Act under the laws of

25 the State of Utah or any other State.
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1 (l) NO EFFECT ON APPLICATION OF OTHER ACTS.—

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

3 the application of any provision of the Wilderness

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

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

6 seq.) to wilderness resources in the Conservation

7 Area.

8 (2) ISSUE RESOLUTION.—Recognizing that the

9 designation of a wilderness area for inclusion in the

10 National Wilderness Preservation System requires

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

12 Utah, Emery County, Utah, and affected stake13 holders may work toward resolving wilderness issues

14 within the Conservation Area.

Æ