II 

Calendar No. 721 

115TH CONGRESS 

2D SESSION S. 2809 

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 SENATE OF THE UNITED STATES 

MAY 9, 2018 

Mr. HATCH introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

DECEMBER 5, 2018 

Reported by Ms. MURKOWSKI, with an amendment and an amendment to the 

title 

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

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. 

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—SAN RAFAEL SWELL WESTERN HERITAGE AND 

HISTORIC MINING NATIONAL CONSERVATION AREA 

Sec. 101. Establishment of Conservation Area. 

Sec. 102. Management of Conservation Area. 

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

Conservation 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. Temple Mountain Cooperative Management Area. 

Sec. 402. Goblin Valley State Park recreation and public purpose agreement. 

Sec. 403. Jurassic National Monument. 

Sec. 404. Public land disposal and acquisition. 

Sec. 405. Public purpose conveyances. 

Sec. 406. Exchange of School and Institutional Trust Lands Administration 

land. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CONSERVATION AREA.—The term ‘‘Con9 servation Area’’ means the San Rafael Swell West10 ern Heritage and Historic Mining National Con11 servation Area established by section 101(a)(1). 


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

2 San Rafael Swell Western Heritage and Historic 

3 Mining National Conservation Area Advisory Council 

4 established under section 103(a). 

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

6 Emery County in the State. 

7 (4) MANAGEMENT PLAN.—The term ‘‘Manage8 ment Plan’’ means the management plan for the 

9 Conservation Area developed under section 102(b). 

10 (5) MAP.—The term ‘‘Map’’ means the map en11 titled ‘‘San Rafael Swell Western Heritage and His12 toric Mining National Conservation Area Map’’ and 

13 dated lllll, 2018. 

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

15 means— 

16 (A) in titles I and IV, the Secretary of the 

17 Interior; and 

18 (B) in titles II and III— 

19 (i) the Secretary of the Interior, act20 ing through the Director of the Bureau of 

21 Land Management, with respect to public 

22 land; and 

23 (ii) the Secretary of Agriculture, act24 ing through the Chief of the Forest Serv25 ice, with respect to National Forest System 


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1 land (as defined in section 103 of the Fed2 eral Land Policy and Management Act of 

3 1976 (43 U.S.C. 1702)). 

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

5 of Utah. 

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

7 area’’ means a wilderness area designated by section 

8 201(a). 

9 TITLE I—SAN RAFAEL SWELL 

10 WESTERN HERITAGE AND 

11 HISTORIC MINING NATIONAL 

12 CONSERVATION AREA 

13 SEC. 101. ESTABLISHMENT OF CONSERVATION AREA. 

14 (a) ESTABLISHMENT.— 

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

16 rights, there is established the San Rafael Swell 

17 Western Heritage and Historic Mining National 

18 Conservation Area in the State. 

19 (2) AREA INCLUDED.—The Conservation Area 

20 shall consist of approximately 336,467 acres of Bu21 reau of Land Management land in the State, as gen22 erally depicted on the Map. 

23 (b) PURPOSES.—The purposes of the Conservation 

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1 reational, cultural, historical, educational, natural, scenic, 

2 and wildlife resources of the Conservation Area. 

3 (c) MAP AND LEGAL DESCRIPTION.— 

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

5 the date of enactment of this Act, the Secretary 

6 shall file a map and legal description of the Con7 servation Area with the Committee on Natural Re8 sources of the House of Representatives and the 

9 Committee on Energy and Natural Resources of the 

10 Senate. 

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

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

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

14 Secretary may correct minor errors in the map or 

15 legal description. 

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

17 and legal description filed under paragraph (1) shall 

18 be on file and available for public inspection in the 

19 appropriate offices of the Bureau of Land Manage20 ment. 

21 SEC. 102. MANAGEMENT OF CONSERVATION AREA. 

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

23 of the Conservation Area as the Secretary determines 

24 would further the purposes of the Conservation Area. 

25 (b) MANAGEMENT PLAN.— 


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1 (1) IN GENERAL.—Not later than 3 years after 

2 the date of enactment of this Act, the Secretary 

3 shall develop a comprehensive management plan for 

4 the long-term protection and management of the 

5 Conservation Area. 

6 (2) REQUIREMENTS.—The Management Plan 

7 shall— 

8 (A) describe the appropriate uses and 

9 management of the Conservation Area; 

10 (B) be developed with extensive public 

11 input; and 

12 (C) take into consideration any informa13 tion developed in studies of the land within the 

14 Conservation Area. 

15 (c) OUTFITTING AND GUIDE ACTIVITIES.—Commer16 cial services (including authorized outfitting and guide ac17 tivities) within the Conservation Area may be authorized 

18 to the extent necessary for activities that fulfill the rec19 reational or other purposes of the Conservation Area. 

20 (d) MOTORIZED VEHICLES.— 

21 (1) IN GENERAL.—Except as needed for emer22 gency response or administrative purposes, the use 

23 of motorized vehicles in the Conservation Area shall 

24 be permitted only on roads and motorized routes 


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1 designated in the Management Plan for the use of 

2 motorized vehicles. 

3 (2) NEW ROADS.—No additional roads or mo4 torized vehicle routes shall be built within the Con5 servation Area after the date of enactment of this 

6 Act. 

7 (e) GRAZING.— 

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

9 the Conservation Area, if established before the date 

10 of enactment of this Act, shall be allowed to con11 tinue, subject to such reasonable regulations, poli12 cies, and practices as the Secretary considers to be 

13 necessary in accordance with— 

14 (A) applicable law (including regulations); 

15 (B) the guidelines set forth in Appendix A 

16 of the report of the Committee on Interior and 

17 Insular Affairs of the House of Representatives 

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

19 (House Report 101–405); and 

20 (C) the purposes of the Conservation Area. 

21 (2) INVENTORY.—Not later than 1 year after 

22 the date of enactment of this Act, the Secretary, in 

23 collaboration with any affected grazing permittee, 

24 shall— 


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1 (A) carry out an inventory of facilities and 

2 improvements associated with grazing activities 

3 in the Conservation Area; and 

4 (B) incorporate into the Management Plan 

5 a list of any facilities and improvements inven6 toried under subparagraph (A). 

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

8 the Conservation Area in a manner that ensures the pres9 ervation of Cold War sites, including the Morrison 

10 Knudson tunnels, various Department of Defense projects 

11 sites, and hundreds of historical uranium mine sites in the 

12 Conservation Area. 

13 (g) CASUAL COLLECTION.— 

14 (1) DEFINITION OF CASUAL COLLECTION.— 

15 (A) IN GENERAL.—In this subsection, the 

16 term ‘‘casual collection’’ means the collection of 

17 common invertebrate and plant paleontological 

18 resources or rocks and minerals— 

19 (i) by— 

20 (I) surface collection; or 

21 (II) the use of nonpowered hand 

22 tools; 

23 (ii) for noncommercial personal use of 

24 a reasonable quantity, as determined by 

25 the Secretary; and 


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1 (iii) that results in negligible disturb2 ance, as determined by the Secretary, of— 

3 (I) the surface of the Earth; and 

4 (II) other resources. 

5 (B) INCLUSIONS.—The term ‘‘casual col6 lection’’ includes the hobby collecting of rocks, 

7 subject to the discretion of the Secretary. 

8 (2) CASUAL COLLECTION ALLOWED.—The Sec9 retary may allow casual collection in the Conserva10 tion Area if the casual collection is consistent with— 

11 (A) the recreational or other purposes of 

12 the Conservation Area, as determined by the 

13 Secretary; and 

14 (B) the Management Plan. 

15 (h) WILDFIRE MANAGEMENT.—Nothing in this sec16 tion prohibits the Secretary, in cooperation with other 

17 Federal, State, and local agencies, as appropriate, from 

18 conducting wildland fire operations in the Conservation 

19 Area, consistent with the purposes of the Conservation 

20 Area. 

21 (i) INCORPORATION OF ACQUIRED LAND AND INTER22 ESTS.—Any land or interest in land located within the 

23 boundary of the Conservation Area that is acquired by the 

24 United States after the date of enactment of this Act 

25 shall— 


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1 (1) become part of the Conservation Area; and 

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

3 (j) WITHDRAWALS.—Subject to valid existing rights, 

4 all public land within the Conservation Area, including any 

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

6 States within the Conservation Area after the date of en7 actment of this Act, is withdrawn from— 

8 (1) entry, appropriation or disposal under the 

9 public land laws; 

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

11 laws; and 

12 (3) operation of the mineral leasing, mineral 

13 materials, and geothermal leasing laws. 

14 (k) EFFECT.—Nothing in this Act— 

15 (1) diminishes the authority of the Secretary 

16 under Public Law 92–195 (commonly known as the 

17 ‘‘Wild Free-Roaming Horses and Burros Act’’) (16 

18 U.S.C. 1331 et seq.); or 

19 (2) alters, diminishes, or influences the settle20 ment agreement entered into on January 13, 2017, 

21 in the case in the United States District Court for 

22 the District of Utah styled ‘‘Southern Utah Wilder23 ness Alliance, et al. v. U.S. Department of the Inte24 rior, et al.’’ and numbered 2:12–cv–257 DAK. 


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1 SEC. 103. SAN RAFAEL SWELL WESTERN HERITAGE AND 

2 HISTORIC MINING NATIONAL CONSERVATION 

3 AREA ADVISORY COUNCIL. 

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

5 the date of enactment of this Act, the Secretary shall es6 tablish an advisory council, to be known as the ‘‘San 

7 Rafael Swell Western Heritage and Historic Mining Na8 tional Conservation 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. 

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

13 to— 

14 (1) the Federal Advisory Committee Act (5 

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

16 (2) the Federal Land Policy and Management 

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

18 (d) MEMBERS.—The Council shall include 10 mem19 bers, to be appointed by the Secretary, of whom, to the 

20 maximum extent practicable— 

21 (1) 1 member shall be appointed after consid22 ering the recommendations of the Emery County 

23 Commission; 

24 (2) 1 member shall be appointed from the mo25 torized 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 Conservation Area or 

6 wilderness areas; and 

7 (5) 5 members shall— 

8 (A) reside in, or within reasonable prox9 imity to, the County; and 

10 (B) have a background that reflects— 

11 (i) the purposes for which the Con12 servation Area or wilderness areas are es13 tablished; and 

14 (ii) the interests of the stakeholders 

15 that are affected by the planning and man16 agement of the Conservation Area and wil17 derness areas. 

18 (e) REPRESENTATION.—The Secretary shall ensure 

19 that the membership of the Council is fairly balanced in 

20 terms of the points of view represented and the functions 

21 to be performed by the Council. 

22 (f) TERMINATION.—The Council shall terminate on 

23 the date that is 1 year after the date on which the Man24 agement Plan is adopted by the Secretary. 


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1 TITLE II—WILDERNESS AREAS 

2 SEC. 201. ADDITIONS TO THE NATIONAL WILDERNESS 

3 PRESERVATION SYSTEM. 

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

5 Act (16 U.S.C. 1131 et seq.), the following parcels of Fed6 eral land in the State are designated as wilderness and 

7 as components of the National Wilderness Preservation 

8 System: 

9 (1) CANDLAND MOUNTAIN.—Certain Federal 

10 land managed by the Forest Service, comprising ap11 proximately 12,338 acres, as generally depicted on 

12 the Map, which shall be known as the ‘‘Candland 

13 Mountain Wilderness’’. 

14 (2) CRACK CANYON.—Certain Federal land 

15 managed by the Bureau of Land Management, com16 prising approximately 25,747 acres, as generally de17 picted on the Map, which shall be known as the 

18 ‘‘Crack Canyon Wilderness’’. 

19 (3) DESOLATION CANYON.—Certain Federal 

20 land managed by the Bureau of Land Management, 

21 comprising approximately 173,320 acres, as gen22 erally depicted on the Map, which shall be known as 

23 the ‘‘Desolation Canyon Wilderness’’. 

24 (4) DEVIL’S CANYON.—Certain Federal land 

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1 prising approximately 8,630 acres, as generally de2 picted on the Map, which shall be known as the 

3 ‘‘Devil’s Canyon Wilderness’’. 

4 (5) HORSESHOE CANYON (NORTH).—Certain 

5 Federal land managed by the Bureau of Land Man6 agement, comprising approximately 26,226 acres, as 

7 generally depicted on the Map, which shall be known 

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

9 (6) MEXICAN MOUNTAIN.—Certain Federal 

10 land managed by the Bureau of Land Management, 

11 comprising approximately 74,503 acres, as generally 

12 depicted on the Map, which shall be known as the 

13 ‘‘Mexican Mountain Wilderness’’. 

14 (7) MUDDY CREEK.—Certain Federal land 

15 managed by the Bureau of Land Management, com16 prising approximately 65,652 acres, as generally de17 picted on the Map, which shall be known as the 

18 ‘‘Muddy Creek Wilderness’’. 

19 (8) NELSON MOUNTAIN.—Certain Federal land 

20 managed by the Forest Service, comprising approxi21 mately 7,447 acres, as generally depicted on the 

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

23 Wilderness’’. 

24 (9) SAN RAFAEL REEF.—Certain Federal land 

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1 prising approximately 59,880 acres, as generally de2 picted on the Map, which shall be known as the 

3 ‘‘San Rafael Reef Wilderness’’. 

4 (10) SID’S MOUNTAIN.—Certain Federal land 

5 managed by the Bureau of Land Management, com6 prising approximately 75,403 acres, as generally de7 picted on the Map, which shall be known as the 

8 ‘‘Sid’s Mountain Wilderness’’. 

9 (b) MAP AND LEGAL DESCRIPTION.— 

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

11 the date of enactment of this Act, the Secretary 

12 shall file a map and legal description of each wilder13 ness area with— 

14 (A) the Committee on Natural Resources 

15 of the House of Representatives; and 

16 (B) the Committee on Energy and Natural 

17 Resources of the Senate. 

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

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

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

21 Secretary may correct minor errors in the map or 

22 legal description. 

23 (3) AVAILABILITY.—Each map and legal de24 scription filed under paragraph (1) shall on file and 


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1 available for public inspection in the appropriate of2 fice of the Secretary. 

3 SEC. 202. ADMINISTRATION. 

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

5 the wilderness areas shall be administered by the Sec6 retary in accordance with the Wilderness Act (16 U.S.C. 

7 1131 et seq.), except that— 

8 (1) any reference in that Act to the effective 

9 date shall be considered to be a reference to the date 

10 of enactment of this Act; and 

11 (2) any reference in that Act to the Secretary 

12 of Agriculture shall be considered to be a reference 

13 to the Secretary. 

14 (b) LIVESTOCK.— 

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

16 the wilderness areas, if established before the date of 

17 enactment of this Act, shall be allowed to continue, 

18 subject to such reasonable regulations, policies, and 

19 practices as the Secretary considers to be necessary 

20 in accordance with— 

21 (A) section 4(d)(4) of the Wilderness Act 

22 (16 U.S.C. 1133(d)(4)); and 

23 (B) the guidelines set forth in Appendix A 

24 of the report of the Committee on Interior and 

25 Insular Affairs of the House of Representatives 


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

2 (House Report 101–405). 

3 (2) INVENTORY.—With respect to each wilder4 ness area in which grazing of livestock is allowed to 

5 continue under paragraph (1), not later than 1 year 

6 after the date of enactment of this Act, the Sec7 retary, in collaboration with any affected grazing 

8 permittee, shall— 

9 (A) carry out an inventory of facilities and 

10 improvements associated with grazing activities 

11 in the wilderness area; and 

12 (B) review and revise the applicable allot13 ment management plan and grazing permit in14 formation. 

15 (c) WILDFIRE, INSECT, AND DISEASE MANAGE16 MENT.—In accordance with section 4(d)(1) of the Wilder17 ness Act (16 U.S.C. 1133(d)(1)) and the report of the 

18 Committee on Interior and Insular Affairs of the House 

19 of Representatives accompanying H.R. 1437 of the 98th 

20 Congress (House Report 98–40), the Secretary may take 

21 such measures in the wilderness areas as are necessary 

22 for the control of fire, insects, and diseases, including, as 

23 the Secretary determines to be appropriate, the coordina24 tion of the activities with the State or a local agency. 

25 (d) ADJACENT MANAGEMENT.— 


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

2 the designation of the wilderness areas to create pro3 tective perimeters or buffer zones around the wilder4 ness areas. 

5 (2) NONWILDERNESS ACTIVITIES.—The fact 

6 that nonwilderness activities or uses can be seen or 

7 heard from areas within a wilderness area shall not 

8 preclude the conduct of those activities or uses out9 side the boundary of the wilderness area. 

10 (e) MILITARY OVERFLIGHTS.—Nothing in this title 

11 restricts or precludes— 

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

13 the wilderness areas, including military overflights 

14 that can be seen or heard within the wilderness 

15 areas; 

16 (2) flight testing and evaluation; or 

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

18 special use airspace, or the establishment of military 

19 flight training routes, over the wilderness areas. 

20 (f) OUTFITTING AND GUIDE ACTIVITIES.—Commer21 cial services (including authorized outfitting and guide ac22 tivities) within the wilderness areas may be authorized to 

23 the extent necessary for activities that fulfill the rec24 reational or other wilderness purposes of the wilderness 

25 areas. 


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1 (g) CASUAL COLLECTION.— 

2 (1) DEFINITION OF CASUAL COLLECTION.— 

3 (A) IN GENERAL.—In this subsection, the 

4 term ‘‘casual collection’’ means the collection of 

5 common invertebrate and plant paleontological 

6 resources or rocks and minerals— 

7 (i) by— 

8 (I) surface collection; or 

9 (II) the use of nonpowered hand 

10 tools; 

11 (ii) for noncommercial personal use of 

12 a reasonable quantity, as determined by 

13 the Secretary; and 

14 (iii) that results in negligible disturb15 ance, as determined by the Secretary, of— 

16 (I) the surface of the Earth; and 

17 (II) other resources. 

18 (B) INCLUSION.—The term ‘‘casual collec19 tion’’ includes the hobby collecting of rocks, 

20 subject to the discretion of the Secretary. 

21 (2) CASUAL COLLECTION ALLOWED.—The Sec22 retary may allow casual collection in the wilderness 

23 areas if the casual collection is consistent with— 


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1 (A) the recreational or other wilderness 

2 purposes of the wilderness areas, as determined 

3 by the Secretary; and 

4 (B)(i) with respect to land managed by the 

5 Bureau of Land Management, the applicable re6 source management plan, as in existence on the 

7 date of enactment of this Act; or 

8 (ii) with respect to land managed by the 

9 Forest Service, the Manti–La Sal National For10 est Plan, 1986. 

11 (h) LAND ACQUISITION AND INCORPORATION OF AC12 QUIRED LAND AND INTERESTS.— 

13 (1) ACQUISITION AUTHORITY.—The Secretary 

14 may acquire land and interests in land within the 

15 boundaries of a wilderness area by donation, pur16 chase from a willing seller, or exchange. 

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

18 land within the boundary of a wilderness area that 

19 is acquired by the United States after the date of 

20 enactment of this Act shall be added to and adminis21 tered as part of the wilderness area. 

22 (i) NATIVE AMERICAN CULTURAL AND RELIGIOUS

23 USES.—Nothing in this title diminishes— 

24 (1) the rights of any Tribe; or 


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1 (2) any Tribal rights regarding access to Fed2 eral land for Tribal activities, including spiritual, 

3 cultural, and traditional food-gathering activities. 

4 (j) CLIMATOLOGICAL DATA COLLECTION.—In ac5 cordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 

6 and subject to such terms and conditions as the Secretary 

7 may prescribe, the Secretary may authorize the installa8 tion and maintenance of hydrologic, meteorologic, or cli9 matological collection devices in the wilderness areas if the 

10 Secretary determines that the facilities and access to the 

11 facilities are essential to flood warning, flood control, or 

12 water reservoir operation activities. 

13 (k) WATER RIGHTS.— 

14 (1) STATUTORY CONSTRUCTION.—Nothing in 

15 this Act— 

16 (A) constitutes an express or implied res17 ervation by the United States of any water or 

18 water rights with respect to the wilderness 

19 areas; 

20 (B) affects any water rights in the State 

21 (including any water rights held by the United 

22 States) in existence on the date of enactment of 

23 this Act; 

24 (C) establishes a precedent with regard to 

25 any future wilderness designations; 


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1 (D) affects the interpretation of, or any 

2 designation made under, any other Act; or 

3 (E) limits, alters, modifies, or amends any 

4 interstate compact or equitable apportionment 

5 decree that apportions water among and be6 tween the State and other States. 

7 (2) STATE WATER LAW.—The Secretary shall 

8 follow the procedural and substantive requirements 

9 of State law in order to obtain and hold any water 

10 rights not in existence on the date of enactment of 

11 this Act with respect to the wilderness areas. 

12 (3) LIMITATION ON NEW WATER RESOURCE FA13 CILITIES.— 

14 (A) DEFINITION OF WATER RESOURCE FA15 CILITY.— 

16 (i) IN GENERAL.—In this paragraph, 

17 the term ‘‘water resource facility’’ means 

18 an irrigation and pumping facility, res19 ervoir, water conservation works, aqueduct, 

20 canal, ditch, pipeline, well, hydropower 

21 project, transmission or other ancillary fa22 cility, and any other water diversion, stor23 age, or carriage structure. 

24 (ii) EXCLUSION.—In this paragraph, 

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


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1 include a wildlife guzzler or a management 

2 activity described in section 203. 

3 (B) LIMITATION.—Except as otherwise 

4 provided in this Act, on or after the date of en5 actment of this Act, the President or any other 

6 officer, employee, or agent of the United States 

7 may not fund, assist, authorize, or issue a li8 cense or permit for the development of any new 

9 water resource facility inside a wilderness area. 

10 (l) MEMORANDUM OF UNDERSTANDING.—The Sec11 retary shall offer to enter into a memorandum of under12 standing with the County to clarify the approval processes 

13 for the use of motorized equipment and mechanical trans14 port for search and rescue activities in the Crack Canyon 

15 Wilderness established by section 201(a)(2). 

16 SEC. 203. FISH AND WILDLIFE MANAGEMENT. 

17 (a) JURISDICTION OF STATE.—Nothing in this title 

18 affects the jurisdiction of the State with respect to fish 

19 and wildlife on public land located in the State. 

20 (b) AUTHORITY OF SECRETARY.—In furtherance of 

21 the purposes and principles of the Wilderness Act (16 

22 U.S.C. 1131 et seq.), the Secretary may carry out man23 agement activities to maintain or restore fish and wildlife 

24 populations (including activities to maintain and restore 


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1 fish and wildlife habitats to support the populations) in 

2 any wilderness area if the activities are— 

3 (1) consistent with applicable wilderness man4 agement plans; and 

5 (2) carried out in accordance with— 

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

7 seq.); and 

8 (B) applicable guidelines and policies, in9 cluding applicable policies described in appendix 

10 B of House Report 101–405. 

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

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

13 of section 603(c) of the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1782(c)), the approximately 

15 14,779 acres of public land administered by the Bureau 

16 of Land Management in the County that has not been des17 ignated as wilderness by section 201(a) has been ade18 quately studied for wilderness designation. 

19 (b) RELEASE.—The public land described in sub20 section (a)— 

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

22 Federal Land Policy and Management Act of 1976 

23 (43 U.S.C. 1782(c)); and 

24 (2) shall be managed in accordance with— 

25 (A) applicable law; and 


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1 (B) any applicable land management plan 

2 adopted under section 202 of the Federal Land 

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

4 1712). 

5 TITLE III—WILD AND SCENIC 

6 RIVER DESIGNATION 

7 SEC. 301. GREEN RIVER WILD AND SCENIC RIVER DESIGNA8 TION. 

9 Section 3(a) of the Wild and Scenic Rivers Act (16 

10 U.S.C. 1274(a)) is amended by adding at the end the fol11 lowing: 

12 ‘‘(213) GREEN RIVER.—The 54-mile segment, 

13 as generally depicted on the map entitled ‘San 

14 Rafael Swell Western Heritage and Historic Mining 

15 National Conservation Area’ and dated llll, 

16 2018, to be administered by the Secretary of the In17 terior, in accordance with the classifications des18 ignated on that map.’’. 

19 TITLE IV—LAND MANAGEMENT 

20 AND CONVEYANCES 

21 SEC. 401. TEMPLE MOUNTAIN COOPERATIVE MANAGEMENT 

22 AREA. 

23 (a) IN GENERAL.—At the request of the State, the 

24 Secretary may enter into a cooperative agreement with the 

25 State for the cooperative management of the Federal land 


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1 described in subsection (b), which shall be known as the 

2 ‘‘Temple Mountain Cooperative Management Area’’ (re3 ferred to in this section as the ‘‘Management Area’’). 

4 (b) DESCRIPTION OF LAND.—The Federal land re5 ferred to in subsection (a) is the Bureau of Land Manage6 ment land in the County comprising approximately 7,792 

7 acres and identified as ‘‘Temple Mountain Cooperative 

8 Management Area’’ on the Map, excluding any wilderness 

9 areas. 

10 (c) PURPOSES.— 

11 (1) IN GENERAL.—The purposes of the Man12 agement Area are— 

13 (A) to promote and manage outdoor recre14 ation, such as camping, off-highway vehicle use, 

15 mountain biking, rock climbing, equestrian use, 

16 and hiking; and 

17 (B) to conserve the recreational and scenic 

18 resources of the Management Area. 

19 (2) PRIORITY.—For purposes of administering 

20 the Management Area, the Secretary shall give equal 

21 priority consideration to each of the purposes de22 scribed in paragraph (1). 

23 (d) TERMS.—The cooperative agreement entered into 

24 under subsection (a)— 

25 (1) shall— 


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1 (A) clarify the roles, responsibilities, and 

2 limitations of the Secretary and the State with 

3 respect to recreation management within the 

4 Management Area; 

5 (B) apply only to recreational activities, in6 cluding motorized, mechanized, equestrian, and 

7 human-powered uses within the Management 

8 Area; 

9 (C) require that recreational activities 

10 within the Management Area shall continue to 

11 be managed in accordance with— 

12 (i) the requirements applicable to the 

13 Conservation Area; and 

14 (ii) applicable Federal laws; 

15 (D) allow for recreational improvements of 

16 routes and trails for motorized and non17 motorized use to enhance recreational opportu18 nities and minimize resource conflict; 

19 (E) address the establishment, distribu20 tion, and use of any revenues generated by rec21 reational activities (including entrance fees) 

22 within the Management Area; and 

23 (F) specify that the State agency respon24 sible for administering the Management Area 

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1 ation of the Utah Department of Natural Re2 sources; 

3 (2) shall not affect— 

4 (A) management within the Management 

5 Area that is not related to the conduct of rec6 reational activities; or 

7 (B) recreational activities conducted out8 side the Management Area; and 

9 (3) shall not apply to a wilderness area within 

10 the Management Area. 

11 (e) TERMINATION.—The Secretary may terminate 

12 the cooperative agreement entered into under subsection 

13 (a) before the end of the term of the cooperative agree14 ment if the Secretary determines that early termination 

15 of the agreement is necessary. 

16 SEC. 402. GOBLIN VALLEY STATE PARK RECREATION AND 

17 PUBLIC PURPOSE AGREEMENT. 

18 (a) IN GENERAL.—At the request of the State, the 

19 Secretary shall offer to enter into a recreation and public 

20 purposes agreement with the Utah Division of Parks and 

21 Recreation of the Utah Department of Natural Resources 

22 (referred to in this section as the ‘‘State’’), that provides 

23 for the management by the State of the land identified 

24 on the Map as the ‘‘Goblin Valley State Park Expansion’’ 

25 as a State park in accordance with State law. 


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1 (b) REVERSIONARY CLAUSE REQUIRED.—An agree2 ment entered into under subsection (a) shall include a re3 versionary clause to ensure that management of the land 

4 described in that subsection shall revert to the Secretary 

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

6 SEC. 403. JURASSIC NATIONAL MONUMENT. 

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

8 for the benefit of present and future generations the pale9 ontological, scientific, educational, and recreational re10 sources of the area and subject to valid existing rights, 

11 there is established in the County a national monument, 

12 to be known as the ‘‘Jurassic National Monument’’ (re13 ferred to in this section as the ‘‘Monument’’), consisting 

14 of approximately 2,543 acres of Federal land in the Coun15 ty, as generally depicted on the Map. 

16 (b) MAP AND LEGAL DESCRIPTION.— 

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

18 the date of enactment of this Act, the Secretary 

19 shall file with the Committee on Energy and Natural 

20 Resources of the Senate and the Committee on Nat21 ural Resources of the House of Representatives a 

22 map and legal description of the Monument. 

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

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

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


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1 the Secretary may correct minor errors in the map 

2 or legal description, subject to the requirement that, 

3 before making the proposed corrections, the Sec4 retary shall submit to the State and any affected 

5 county the proposed corrections. 

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

7 and legal description filed under paragraph (1) shall 

8 be on file and available for public inspection in the 

9 appropriate offices of the Bureau of Land Manage10 ment. 

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

12 any land within the boundaries of the Monument or any 

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

14 States for inclusion in the Monument after the date of 

15 enactment of this Act is withdrawn from— 

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

17 Federal land laws; 

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

19 laws; and 

20 (3) operation of the mineral leasing laws, geo21 thermal leasing laws, and minerals materials laws. 

22 (d) MANAGEMENT.— 

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

24 the Monument— 


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

2 and enhances the resources and values of the 

3 Monument, including the resources and values 

4 described in subsection (a); and 

5 (B) in accordance with— 

6 (i) this section; 

7 (ii) the Federal Land Policy and Man8 agement Act of 1976 (43 U.S.C. 1701 et 

9 seq.); and 

10 (iii) any other applicable Federal law. 

11 (2) NATIONAL LANDSCAPE CONSERVATION SYS12 TEM.—The Monument shall be managed as a com13 ponent of the National Landscape Conservation Sys14 tem. 

15 (e) MANAGEMENT PLAN.— 

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

17 the date of enactment of this Act, the Secretary 

18 shall develop a comprehensive management plan for 

19 the long-term protection and management of the 

20 Monument. 

21 (2) COMPONENTS.—The management plan de22 veloped under paragraph (1)— 

23 (A) shall— 


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1 (i) describe the appropriate uses and 

2 management of the Monument, consistent 

3 with the provisions of this section; and 

4 (ii) allow for continued scientific re5 search at the Monument during the devel6 opment of the management plan for the 

7 Monument; and 

8 (B) may— 

9 (i) incorporate any appropriate deci10 sions contained in any management or ac11 tivity plan applicable to the land described 

12 in subsection (a); and 

13 (ii) use information developed in stud14 ies of any land within or adjacent to the 

15 Monument that were conducted before the 

16 date of enactment of this Act. 

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

18 allow uses of the Monument that the Secretary determines 

19 would further the purposes for which the Monument has 

20 been established. 

21 (g) INTERPRETATION, EDUCATION, AND SCIENTIFIC

22 RESEARCH.— 

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

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1 entific research on, the paleontological resources of 

2 the Monument. 

3 (2) COOPERATIVE AGREEMENTS.—The Sec4 retary may enter into cooperative agreements with 

5 appropriate public entities to carry out paragraph 

6 (1). 

7 (h) SPECIAL MANAGEMENT AREAS.— 

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

9 Monument shall not modify the management status 

10 of any area within the boundary of the Monument 

11 that is— 

12 (A) designated as a wilderness study area 

13 and managed in accordance with section 603(c) 

14 of the Federal Land Policy and Management 

15 Act of 1976 (43 U.S.C. 1782(c)); or 

16 (B) managed as an area of critical environ17 ment concern. 

18 (2) CONFLICT OF LAWS.—If there is a conflict 

19 between the laws applicable to an area described in 

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

21 provision shall control. 

22 (i) MOTORIZED VEHICLES.—Except as needed for 

23 administrative purposes or to respond to an emergency, 

24 the use of motorized vehicles in the Monument shall be 

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1 torized vehicles under the management plan for the Monu2 ment developed under subsection (e). 

3 (j) WATER RIGHTS.—Nothing in this section con4 stitutes an express or implied reservation by the United 

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

6 Monument. 

7 SEC. 404. PUBLIC LAND DISPOSAL AND ACQUISITION. 

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

9 the Secretary may sell public land located in the County 

10 that was identified as suitable for potential disposal in the 

11 applicable resource management plan in existence on the 

12 date of enactment of this Act. 

13 (b) USE OF PROCEEDS.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law (other than a law that specifically 

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

17 to be distributed to any trust fund of the State), 

18 proceeds from the sale of public land under sub19 section (a) shall be deposited in a separate account 

20 in the Treasury, to be known as the ‘‘Emery County, 

21 Utah, Land Acquisition Account’’ (referred to in this 

22 section as the ‘‘Account’’). 

23 (2) AVAILABILITY.— 

24 (A) IN GENERAL.—Amounts in the Ac25 count shall be available to the Secretary, withVerDate Sep 11 2014 23:07 Dec 05, 2018 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6401 E:\BILLS\S2809.RS S2809

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1 out further appropriation, to purchase from 

2 willing sellers land or interests in land within a 

3 wilderness area or the Conservation Area. 

4 (B) APPLICABILITY.—Any purchase of 

5 land or interest in land under subparagraph (A) 

6 shall be in accordance with applicable law. 

7 SEC. 405. PUBLIC PURPOSE CONVEYANCES. 

8 (a) IN GENERAL.—Notwithstanding the land use 

9 planning requirement of sections 202 and 203 of the Fed10 eral Land Policy and Management Act of 1976 (43 U.S.C. 

11 1712, 1713), on request by the applicable local govern12 mental entity, the Secretary shall convey without consider13 ation the following parcels of public land to be used for 

14 public purposes: 

15 (1) The approximately 640 acres of land com16 prising the Emery City Recreation Area. 

17 (2) The approximately 1,400 acres of land com18 prising the Huntington Airport. 

19 (3) The approximately 640 acres of land com20 prising the State Road 6 Emery County Sheriff’s 

21 Office substation site. 

22 (4) The approximately 65 acres of land com23 prising the Buckhorn Information Center. 

24 (b) MAP AND LEGAL DESCRIPTION.— 


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

2 the date of enactment of this Act, the Secretary 

3 shall file a map and legal description of each parcel 

4 of land to be conveyed under subsection (a) with— 

5 (A) the Committee on Energy and Natural 

6 Resources of the Senate; and 

7 (B) the Committee on Natural Resources 

8 of the House of Representatives. 

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

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

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

12 Secretary may correct minor errors in the map or 

13 legal description. 

14 (3) PUBLIC AVAILABILITY.—Each map and 

15 legal description filed under paragraph (1) shall be 

16 on file and available for public inspection in the 

17 Price Field Office of the Bureau of Land Manage18 ment. 

19 (c) REVERSION.— 

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

21 under subsection (a) is used for a purpose other 

22 than the purpose described in that subsection, the 

23 parcel of land shall, at the discretion of the Sec24 retary, revert to the United States. 


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1 (2) RESPONSIBILITY FOR REMEDIATION.—In 

2 the case of a reversion under paragraph (1), if the 

3 Secretary determines that the parcel of land is con4 taminated with hazardous waste, the local govern5 mental entity to which the parcel of land was con6 veyed under subsection (a) shall be responsible for 

7 remediation. 

8 SEC. 406. EXCHANGE OF SCHOOL AND INSTITUTIONAL 

9 TRUST LANDS ADMINISTRATION LAND. 

10 (a) DEFINITIONS.—In this section: 

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

12 means an application for State relinquishment of a 

13 State land grant parcel and State selection of unap14 propriated public land filed under this section. 

15 (2) RELINQUISHMENT AREA.—The term ‘‘Re16 linquishment Area’’ means any land within— 

17 (A) the Conservation Area; or 

18 (B) a wilderness area. 

19 (3) STATE.—The term ‘‘State’’ means the 

20 State, acting as trustee under the Utah State School 

21 and Institutional Trust Lands Management Act 

22 (Utah Code Ann. 53C–1–101 et seq.) through the 

23 Utah School and Institutional Trust Lands Adminis24 tration. 


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1 (4) STATE LAND GRANT PARCEL.—The term 

2 ‘‘State land grant parcel’’ means— 

3 (A) any land wholly or partially within a 

4 Relinquishment Area that was granted to the 

5 State by Congress through a statehood land 

6 grant for the support of public education or 

7 other public institutions; or 

8 (B) any land located wholly or partially 

9 within a Relinquishment Areal that was ac10 quired by the State for a purpose described in 

11 subparagraph (A). 

12 (5) UNAPPROPRIATED PUBLIC LAND.— 

13 (A) IN GENERAL.—The term ‘‘unappropri14 ated public land’’ has the meaning given the 

15 term ‘‘public lands’’ in section 103 of the Fed16 eral Land Policy and Management Act of 1976 

17 (43 U.S.C. 1702). 

18 (B) INCLUSION.—The term ‘‘unappropri19 ated public land’’ includes any land or minerals 

20 acquired by the United States under title III of 

21 the Bankhead-Jones Farm Tenant Act (7 

22 U.S.C. 1010 et seq.). 

23 (C) EXCLUSIONS.—The term ‘‘unappropri24 ated public land’’ does not include Federal land 

25 that is— 


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1 (i) except as provided in subparagraph 

2 (B), acquired land; 

3 (ii) in a unit of the National Land 

4 Conservation System established by the 

5 Omnibus Public Land Management Act of 

6 2009 (Public Law 111–11; 123 Stat. 991); 

7 (iii) in an area of critical environ8 mental concern established under section 

9 202(c)(3) of the Federal Land Policy and 

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

11 1712(c)(3)); or 

12 (iv) in a special recreation manage13 ment area. 

14 (b) RELINQUISHMENT OF STATE LAND GRANT PAR15 CELS AND SELECTION OF REPLACEMENT LAND.— 

16 (1) AUTHORITY TO SELECT.—In accordance 

17 with this section, the State may, on approval by the 

18 Secretary of an application filed under this section— 

19 (A) relinquish to the Secretary the State 

20 land grant parcels described in the approved 

21 application; and 

22 (B) in exchange for the relinquished land, 

23 select unappropriated public land in the State 

24 for conveyance by the Secretary to the State. 


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1 (2) PROCESSING.—The Secretary shall prompt2 ly process any application filed under this section in 

3 accordance with subsection (c). 

4 (3) VALID EXISTING RIGHTS.— 

5 (A) IN GENERAL.—Any land conveyed 

6 under this section shall be subject to valid exist7 ing rights. 

8 (B) SUCCESSION.—Each party to whom 

9 land is conveyed under this section shall suc10 ceed to the rights and obligations of the con11 veying party with respect to any lease, right-of12 way, permit or other valid existing right to 

13 which the conveyed land is subject. 

14 (c) APPLICATION AND CONVEYANCE PROCEDURES.— 

15 (1) APPROVAL OR DISAPPROVAL OF APPLICA16 TIONS.— 

17 (A) DEADLINE FOR APPROVAL.—Not later 

18 than 1 year after the date on which an applica19 tion is filed under this section, the Secretary 

20 shall issue a final approval or disapproval of the 

21 application. 

22 (B) PARTIAL APPROVAL AUTHORIZED.— 

23 An application may be approved by the Sec24 retary in whole or in part. 


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1 (C) LIMITATION.—The Secretary shall not 

2 approve any application that the Secretary de3 termines would create irreconcilable manage4 ment conflicts with respect to the management 

5 of adjacent Federal land. 

6 (2) CONVEYANCE.— 

7 (A) CONVEYANCE BY STATE.—The convey8 ance of any State land grant parcel under this 

9 section shall be by patent or deed acceptable to 

10 the Secretary. 

11 (B) CONVEYANCE BY SECRETARY.— 

12 (i) DEADLINE FOR CONVEYANCE OF

13 UNAPPROPRIATED PUBLIC LAND.—Not 

14 later than 90 days after the date on which 

15 the Secretary issues a final approval with 

16 respect to an application for the convey17 ance of unappropriated public land, the 

18 Secretary shall convey the applicable unap19 propriated public land to the State. 

20 (ii) TERMS AND CONDITIONS.—The 

21 conveyance of unappropriated public land 

22 by the Secretary to the State under this 

23 section shall include such terms and condi24 tions as the Secretary may require. 

25 (3) ENVIRONMENTAL ANALYSIS.— 


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1 (A) IN GENERAL.—Except as otherwise 

2 provided in this subsection, the Secretary shall 

3 convey unappropriated public land under this 

4 section in accordance with— 

5 (i) the National Environmental Policy 

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

7 (ii) any other applicable law. 

8 (B) ENVIRONMENTAL ASSESSMENT OR EN9 VIRONMENTAL IMPACT STATEMENT.—In pre10 paring an environmental assessment or environ11 mental impact statement under section 102(2) 

12 of the National Environmental Policy Act of 

13 1969 (42 U.S.C. 4332(2)) for the conveyance of 

14 unappropriated public land under this section, 

15 the Secretary is not required to study, develop, 

16 or describe any action other than— 

17 (i) the proposed agency action; and 

18 (ii) the alternative of no action. 

19 (d) MINERAL LAND.— 

20 (1) SELECTION AND CONVEYANCE.— 

21 (A) IN GENERAL.—Subject to the provi22 sions of this section, the State may select, and 

23 the Secretary may convey, unappropriated pub24 lic land that is mineral in character. 


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1 (B) EXCLUSION.—The State may not se2 lect, and the Secretary may not convey— 

3 (i) unappropriated public land that in4 cludes only a portion of a mineral lease or 

5 permit; or 

6 (ii) only the Federal mineral estate to 

7 unappropriated public land, unless the 

8 United States does not own the associated 

9 surface estate of the unappropriated public 

10 land. 

11 (2) MINING CLAIMS.— 

12 (A) MINING CLAIMS UNAFFECTED.—Noth13 ing in this section alters, diminishes, or expands 

14 the existing rights of a mining claimant under 

15 applicable law. 

16 (B) VALIDITY EXAMINATIONS.—Nothing in 

17 this section requires the Secretary to carry out 

18 a mineral examination for any mining claim lo19 cated on unappropriated public land to be con20 veyed under this section. 

21 (C) WITHDRAWAL.—Unappropriated pub22 lic land selected by the State for acquisition 

23 under this section is withdrawn, subject to valid 

24 existing 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 

13 laws (including regulations) and policies relating to 

14 selections made under this section, the Secretary 

15 shall consider the equities of the State and the inter16 est of the public. 

17 (2) PRESUMPTION OF PLAN ADEQUACY.—Un18 less a land use plan adopted under section 202 of 

19 the Federal Land Policy and Management Act of 

20 1976 (43 U.S.C. 1712) specifically identifies signifi21 cant public values that would be lost or substantially 

22 impaired as a result of the conveyance of unappro23 priated public land to the State, any State selection 

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1 pliance with the plan regardless of whether the se2 lected land is otherwise 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 unap7 propriated public land to be conveyed to the 

8 State 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 

18 provided in paragraph (2), the Secretary and 

19 the State shall jointly determine the value of a 

20 State land grant parcel and a parcel of unap21 propriated public land through an appraisal 

22 completed 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 

6 or statement of value made by a qualified ap7 praiser carried out in accordance with the Uni8 form Standards for Professional Appraisal 

9 Practice instead of an appraisal that complies 

10 with the Uniform Appraisal Standards for Fed11 eral Land Acquisitions if the State and the Sec12 retary agree that the market value of a State 

13 land grant parcel or a parcel of unappropriated 

14 public land 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 

25 make equal the value of land relinquished by 


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1 the State and conveyed by the Secretary to the 

2 State under 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 

8 account 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 

18 or requirements for conveying land under this 

19 section that would generally be the responsi20 bility of the other party; and 

21 (B) make adjustments to the relative val22 ues involved in the conveyance of land under 

23 this section to compensate the Secretary or the 

24 State, as applicable, for assuming the costs or 


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1 other responsibilities or requirements under 

2 subparagraph (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 

7 (30 U.S.C. 181 et seq.) that is in a producing or 

8 producible status, the value of the parcel shall be re9 duced by the percentage that represents the likely 

10 Federal-revenue sharing obligation under that Act, 

11 but the adjustment shall not be considered to reflect 

12 a property 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 con19 veyance of a State land grant parcel or parcel of un20 appropriated 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, in7 cluding permitted stocking rates, grazing fee 

8 levels, access rights, and ownership and use of 

9 range improvements. 

10 (B) RENEWAL.—On expiration of any 

11 grazing lease, permit, or contract described in 

12 subparagraph (A), the party that has jurisdic13 tion over the land on the date of expiration, 

14 may elect to renew the lease, permit, or con15 tract if permitted 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 

21 to the permit, lease, or contract is sold, 

22 conveyed, transferred, or leased for non23 grazing purposes by the Secretary or the 

24 State. 


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1 (ii) LIMITATION.—Except to the ex2 tent reasonably necessary to accommodate 

3 surface operations in support of mineral 

4 development, the Secretary or the State 

5 shall not cancel or modify a grazing per6 mit, lease, or contract for land conveyed 

7 under this section because the land subject 

8 to the permit, lease, or contract has been 

9 leased for mineral development. 

10 (D) BASE PROPERTIES.—If land conveyed 

11 by the State under this section is used by a 

12 grazing permittee or lessee to meet the base 

13 property requirements for a Federal grazing 

14 permit or lease, the land shall continue to qual15 ify as a base property for the remaining term 

16 of the lease or permit and the term of any re17 newal or extension of the lease or permit. 

18 (h) EFFECT ON OTHER STATE SELECTION AUTHOR19 IZATIONS.—The authorization for State relinquishments 

20 and selections under this section shall be considered to be 

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

22 State selections under— 

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

24 1894 (28 Stat. 107, chapter 138); or 


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1 (2) sections 2275 and 2276 of the Revised 

2 Statutes (43 U.S.C. 851, 852). 

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. 

Sec. 4. Effect on water rights. 

Sec. 5. Savings clause. 

TITLE I—SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC 

MINING RECREATION AREA 

Sec. 101. Establishment of Recreation Area. 

Sec. 102. Management of Recreation Area. 

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

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 Recreation Area Advisory Council established 

2 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(c). 

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

10 2018 Overview Map’’ and dated October 1, 2018. 

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

12 Area’’ means the San Rafael Swell Western Heritage 

13 and Historic Mining Recreation Area established by 

14 section 101(a)(1). 

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

16 means— 

17 (A) the Secretary of the Interior, with re18 spect to public land administered by the Bureau 

19 of Land Management; and 

20 (B) the Secretary of Agriculture, with re21 spect to National Forest System land. 

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

23 of Utah. 


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

2 area’’ means a wilderness area designated by section 

3 201(a). 

4 SEC. 3. ADMINISTRATION. 

5 Nothing in this Act affects or modifies any right of 

6 any federally recognized Indian Tribe or any obligation of 

7 the United States. 

8 SEC. 4. EFFECT ON WATER RIGHTS. 

9 Nothing in this Act— 

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

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

12 right, or interest in water; 

13 (2) affects any vested absolute or decreed condi14 tional water right in existence on the date of enact15 ment of this Act, including any water right held by 

16 the United States; 

17 (3) affects any interstate water compact in exist18 ence on the date of enactment of this Act; or 

19 (4) shall be considered to be a relinquishment or 

20 reduction of any water rights reserved or appro21 priated by the United States in the State on or before 

22 the date of enactment of this Act. 

23 SEC. 5. SAVINGS CLAUSE. 

24 Nothing in this Act diminishes the authority of the 

25 Secretary under Public Law 92–195 (commonly known as 


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1 the ‘‘Wild Free-Roaming Horses and Burros Act’’) (16 

2 U.S.C. 1331 et seq.). 

3 TITLE I—SAN RAFAEL SWELL 

4 WESTERN HERITAGE AND HIS5 TORIC MINING RECREATION 

6 AREA 

7 SEC. 101. ESTABLISHMENT OF RECREATION AREA. 

8 (a) ESTABLISHMENT.— 

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

10 rights, there is established the San Rafael Swell West11 ern Heritage and Historic Mining Recreation Area in 

12 the State. 

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

14 consist of approximately 389,731 acres of Federal 

15 land managed by the Bureau of Land Management, 

16 as generally depicted on the Map. 

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

18 are to provide for the protection, conservation, and enhance19 ment of the recreational, cultural, natural, scenic, wildlife, 

20 ecological, historical, and educational resources of the 

21 Recreation Area. 

22 (c) MAP AND LEGAL DESCRIPTION.— 

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

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

25 file a map and legal description of the Recreation 


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1 Area with the Committee on Natural Resources of the 

2 House of Representatives and the Committee on En3 ergy and Natural Resources of the Senate. 

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

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

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

7 Secretary may correct clerical and typographical er8 rors in the map and legal description. 

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

10 and legal description filed under paragraph (1) shall 

11 be on file and available for public inspection in the 

12 appropriate offices of the Bureau of Land Manage13 ment. 

14 SEC. 102. MANAGEMENT OF RECREATION AREA. 

15 (a) IN GENERAL.—The Secretary shall administer the 

16 Recreation Area— 

17 (1) in a manner that conserves, protects, and en18 hances the purposes for which the Recreation Area is 

19 established; and 

20 (2) in accordance with— 

21 (A) this section; 

22 (B) the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

24 (C) other applicable laws. 


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1 (b) USES.—The Secretary shall allow only uses of the 

2 Recreation Area that are consistent with the purposes for 

3 which the Recreation Area is established. 

4 (c) MANAGEMENT PLAN.— 

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

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

7 develop a comprehensive management plan for the 

8 long-term protection and management of the Recre9 ation Area. 

10 (2) REQUIREMENTS.—The Management Plan 

11 shall— 

12 (A) describe the appropriate uses and man13 agement of the Recreation Area; 

14 (B) be developed with extensive public 

15 input; 

16 (C) take into consideration any information 

17 developed in studies of the land within the Recre18 ation Area; and 

19 (D) be developed fully consistent with the 

20 settlement agreement entered into on January 

21 13, 2017, in the case in the United States Dis22 trict Court for the District of Utah styled 

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

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

25 numbered 2:12–cv–257 DAK. 


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1 (d) MOTORIZED VEHICLES; NEW ROADS.— 

2 (1) MOTORIZED VEHICLES.—Except as needed 

3 for emergency response or administrative purposes, 

4 the use of motorized vehicles in the Recreation Area 

5 shall be permitted only on roads and motorized routes 

6 designated in the Management Plan for the use of mo7 torized vehicles. 

8 (2) NEW ROADS.—No new permanent or tem9 porary roads or other motorized vehicle routes shall be 

10 constructed within the Recreation Area after the date 

11 of enactment of this Act. 

12 (3) EXISTING ROADS.—Necessary maintenance 

13 or repairs to existing roads designated in the Manage14 ment Plan for the use of motorized vehicles shall be 

15 permitted after the date of enactment of this Act, con16 sistent with the requirements of this section. 

17 (e) GRAZING.— 

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

19 Recreation Area, if established before the date of en20 actment of this Act, shall be allowed to continue, sub21 ject to such reasonable regulations, policies, and prac22 tices as the Secretary considers to be necessary in ac23 cordance with— 

24 (A) applicable law (including regulations); 

25 and 


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1 (B) the purposes of the Recreation Area. 

2 (2) INVENTORY.—Not later than 5 years after the 

3 date of enactment of this Act, the Secretary, in col4 laboration with any affected grazing permittee, shall 

5 carry out an inventory of facilities and improvements 

6 associated with grazing activities in the Recreation 

7 Area. 

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

9 the Recreation Area in a manner that educates the public 

10 about Cold War and historical uranium mine sites in the 

11 Recreation Area, subject to such terms and conditions as 

12 the Secretary considers necessary to protect public health 

13 and safety. 

14 (g) INCORPORATION OF ACQUIRED LAND AND INTER15 ESTS.—Any land or interest in land located within the 

16 boundary of the Recreation Area that is acquired by the 

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

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

19 (2) be managed in accordance with applicable 

20 laws, including as provided in this section. 

21 (h) WITHDRAWALS.—Subject to valid existing rights, 

22 all Federal land within the Recreation Area, including any 

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

24 States within the Recreation Area after the date of enact25 ment of this Act, is withdrawn from— 


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

2 public land laws; 

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

4 laws; and 

5 (3) operation of the mineral leasing, mineral 

6 materials, and geothermal leasing laws. 

7 (i) STUDY OF NONMOTORIZED RECREATION OPPORTU8 NITIES.—Not later than 2 years after the date of enactment 

9 of this Act, the Secretary, in consultation with interested 

10 parties, shall conduct a study of nonmotorized recreation 

11 trail opportunities, including bicycle trails, within the 

12 Recreation Area, consistent with the purposes of the Recre13 ation Area. 

14 SEC. 103. SAN RAFAEL SWELL WESTERN HERITAGE AND 

15 HISTORIC MINING RECREATION AREA ADVI16 SORY COUNCIL. 

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

18 the date of enactment of this Act, the Secretary shall estab19 lish an advisory council, to be known as the ‘‘San Rafael 

20 Swell Western Heritage and Historic Mining Recreation 

21 Area Advisory Council’’. 

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

23 with respect to the preparation and implementation of the 

24 Management Plan for the Recreation Area. 


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

2 to— 

3 (1) the Federal Advisory Committee Act (5 

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

5 (2) section 309 of the Federal Land Policy and 

6 Management Act of 1976 (43 U.S.C. 1739). 

7 (d) MEMBERS.—The Council shall include 7 members, 

8 to be appointed by the Secretary, of whom, to the maximum 

9 extent practicable— 

10 (1) 1 member shall represent the Emery County 

11 Commission; 

12 (2) 1 member shall represent motorized rec13 reational users; 

14 (3) 1 member shall represent nonmotorized rec15 reational users; 

16 (4) 1 member shall represent permittees holding 

17 grazing allotments within the Recreation Area or wil18 derness areas designated in this Act; 

19 (5) 1 member shall represent conservation orga20 nizations; 

21 (6) 1 member shall have expertise in the histor22 ical uses of the Recreation Area; and 

23 (7) 1 member shall be appointed from the elected 

24 leadership of a Federally recognized Indian Tribe 

25 that has significant cultural or historical connections 


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1 to, and expertise in, the landscape, archeological sites, 

2 or cultural sites within the County. 

3 TITLE II—WILDERNESS AREAS 

4 SEC. 201. ADDITIONS TO THE NATIONAL WILDERNESS 

5 PRESERVATION SYSTEM. 

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

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

8 land in the State are designated as wilderness and as com9 ponents of the National Wilderness Preservation System: 

10 (1) CANDLAND MOUNTAIN.—Certain Federal 

11 land managed by the Forest Service, comprising ap12 proximately 11,521 acres, generally depicted on the 

13 Map as ‘‘Proposed Candland Mountain Wilderness’’, 

14 which shall be known as the ‘‘Candland Mountain 

15 Wilderness’’. 

16 (2) COLD WASH.—Certain Federal land man17 aged by the Bureau of Land Management, comprising 

18 approximately 11,162 acres, generally depicted on the 

19 Map as ‘‘Proposed Cold Wash Wilderness’’, which 

20 shall be known as the ‘‘Cold Wash Wilderness’’. 

21 (3) CRACK CANYON.—Certain Federal land man22 aged by the Bureau of Land Management, comprising 

23 approximately 25,719 acres, generally depicted on the 

24 Map as ‘‘Crack Canyon Wilderness, which shall be 

25 known as the ‘‘Crack Canyon Wilderness’’. 


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1 (4) DESOLATION CANYON.—Certain Federal land 

2 managed by the Bureau of Land Management, com3 prising approximately 142,993 acres, generally de4 picted on the Map as ‘‘Proposed Desolation Canyon 

5 Wilderness’’, which shall be known as the ‘‘Desolation 

6 Canyon Wilderness’’. 

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

8 managed by the Bureau of Land Management, com9 prising approximately 8,675 acres, generally depicted 

10 on the Map as ‘‘Proposed Devil’s Canyon Wilder11 ness’’, which shall be known as the ‘‘Devil’s Canyon 

12 Wilderness’’. 

13 (6) EAGLE CANYON.—Certain Federal land man14 aged by the Bureau of Land Management, comprising 

15 approximately 13,832 acres, generally depicted on the 

16 Map as ‘‘Proposed Eagle Canyon Wilderness’’, which 

17 shall be known as the ‘‘Eagle Canyon Wilderness’’. 

18 (7) HORSESHOE CANYON.—Certain Federal land 

19 managed by the Bureau of Land Management, com20 prising approximately 26,192 acres, generally de21 picted on the Map as ‘‘Proposed Horseshoe Canyon 

22 Wilderness, which shall be known as the ‘‘Horseshoe 

23 Canyon Wilderness’’. 

24 (8) MEXICAN MOUNTAIN.—Certain Federal land 

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1 prising approximately 76,368 acres, generally de2 picted on the Map as ‘‘Proposed Mexican Mountain 

3 Wilderness’’, which shall be known as the ‘‘Mexican 

4 Mountain Wilderness’’. 

5 (9) MUDDY CREEK.—Certain Federal land man6 aged by the Bureau of Land Management, comprising 

7 approximately 48,330 acres, generally depicted on the 

8 Map as ‘‘Proposed Muddy Creek Wilderness’’, which 

9 shall be known as the ‘‘Muddy Creek Wilderness’’. 

10 (10) NELSON MOUNTAIN.— 

11 (A) IN GENERAL.—Certain Federal land 

12 managed by the Forest Service, comprising ap13 proximately 7,176 acres, and certain Federal 

14 land managed by the Bureau of Land Manage15 ment, comprising approximately 257 acres, gen16 erally depicted on the Map as ‘‘Proposed Nelson 

17 Mountain’’, which shall be known as the ‘‘Nelson 

18 Mountain Wilderness’’. 

19 (B) TRANSFER OF ADMINISTRATIVE JURIS20 DICTION.—Administrative jurisdiction over the 

21 257-acre portion of the Nelson Mountain Wilder22 ness designated by subparagraph (A) is trans23 ferred from the Bureau of Land Management to 

24 the Forest Service. 


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

2 managed by the Bureau of Land Management, com3 prising approximately 17,325 acres, generally de4 picted on the Map as ‘‘Proposed Red’s Canyon Wil5 derness’’, which shall be known as the ‘‘Red’s Canyon 

6 Wilderness’’. 

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

8 managed by the Bureau of Land Management, com9 prising approximately 60,425 acres, generally de10 picted on the Map as ‘‘Proposed San Rafael Reef Wil11 derness’’, which shall be known as the ‘‘San Rafael 

12 Reef Wilderness’’. 

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

14 managed by the Bureau of Land Management, com15 prising approximately 49,115 acres, generally de16 picted on the Map as ‘‘Proposed Sid’s Mountain Wil17 derness’’, which shall be known as the ‘‘Sid’s Moun18 tain Wilderness’’. 

19 (14) TURTLE CANYON.—Certain Federal land 

20 managed by the Bureau of Land Management, com21 prising approximately 29,029 acres, generally de22 picted on the Map as ‘‘Proposed Turtle Canyon Wil23 derness’’, which shall be known as the ‘‘Turtle Canyon 

24 Wilderness’’. 

25 (b) MAP AND LEGAL DESCRIPTION.— 


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

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

3 file a map and legal description of each wilderness 

4 area with— 

5 (A) the Committee on Natural Resources of 

6 the House of Representatives; and 

7 (B) the Committee on Energy and Natural 

8 Resources of the Senate. 

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

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

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

12 Secretary may correct clerical and typographical er13 rors in the maps and legal descriptions. 

14 (3) AVAILABILITY.—Each map and legal descrip15 tion filed under paragraph (1) shall on file and avail16 able for public inspection in the appropriate office of 

17 the Secretary. 

18 SEC. 202. ADMINISTRATION. 

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

20 the wilderness areas shall be administered by the Secretary 

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

22 seq.), except that— 

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

24 shall be considered to be a reference to the date of en25 actment of this Act; and 


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

2 Agriculture shall be considered to be a reference to the 

3 Secretary. 

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

5 prohibits recreational rock climbing activities in the wilder6 ness areas, such as the placement, use, and maintenance 

7 of fixed anchors, including any fixed anchor established be8 fore the date of the enactment of this Act— 

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

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

11 (2) subject to any terms and conditions deter12 mined to be necessary by the Secretary. 

13 (c) TRAIL PLAN.—After providing opportunities for 

14 public comment, the Secretary shall establish a trail plan 

15 that addresses hiking and equestrian trails on the wilder16 ness areas in a manner consistent with the Wilderness Act 

17 (16 U.S.C. 1131 et seq.). 

18 (d) LIVESTOCK.— 

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

20 wilderness areas, if established before the date of en21 actment of this Act, shall be allowed to continue, sub22 ject to such reasonable regulations, policies, and prac23 tices as the Secretary considers to be necessary in ac24 cordance with— 


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

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

3 (B) the guidelines set forth in Appendix A 

4 of the report of the Committee on Interior and 

5 Insular Affairs of the House of Representatives 

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

7 (House Report 101–405). 

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

9 area in which grazing of livestock is allowed to con10 tinue under paragraph (1), not later than 2 years 

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

12 in collaboration with any affected grazing permittee, 

13 shall carry out an inventory of facilities and im14 provements associated with grazing activities in the 

15 wilderness area. 

16 (e) ADJACENT MANAGEMENT.— 

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

18 the designation of the wilderness areas to create pro19 tective perimeters or buffer zones around the wilder20 ness areas. 

21 (2) NONWILDERNESS ACTIVITIES.—The fact that 

22 nonwilderness activities or uses can be seen or heard 

23 from areas within a wilderness area shall not pre24 clude the conduct of those activities or uses outside the 

25 boundary of the wilderness area. 


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1 (f) MILITARY OVERFLIGHTS.—Nothing in this title re2 stricts or precludes— 

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

4 the wilderness areas, including military overflights 

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

6 (2) flight testing and evaluation; or 

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

8 special use airspace, or the establishment of military 

9 flight training routes, over the wilderness areas. 

10 (g) COMMERCIAL SERVICES.—Commercial services 

11 (including authorized outfitting and guide activities) with12 in the wilderness areas may be authorized to the extent nec13 essary for activities that are appropriate for realizing the 

14 recreational or other wilderness purposes of the wilderness 

15 areas, in accordance with section 4(d)(5) of the Wilderness 

16 Act (16 U.S.C. 1133(d)(5)). 

17 (h) LAND ACQUISITION AND INCORPORATION OF AC18 QUIRED LAND AND INTERESTS.— 

19 (1) ACQUISITION AUTHORITY.—The Secretary 

20 may acquire land and interests in land within the 

21 boundaries of a wilderness area by donation, purchase 

22 from a willing seller, or exchange. 

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

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1 actment of this Act shall be added to and adminis2 tered as part of the wilderness area. 

3 (i) WATER RIGHTS.— 

4 (1) STATUTORY CONSTRUCTION.—Nothing in this 

5 title— 

6 (A) shall constitute or be construed to con7 stitute either an express or implied reservation 

8 by the United States of any water or water 

9 rights with respect to the land designated as wil10 derness by section 201; 

11 (B) shall affect any water rights in the 

12 State existing on the date of enactment of this 

13 Act, including any water rights held by the 

14 United States; 

15 (C) shall be construed as establishing a 

16 precedent with regard to any future wilderness 

17 designations; 

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

19 designation made pursuant to, any other Act; or 

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

21 modifying, or amending any of the interstate 

22 compacts or equitable apportionment decrees that 

23 apportions water among and between the State 

24 and other States. 


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1 (2) STATE WATER LAW.—The Secretary shall fol2 low the procedural and substantive requirements of 

3 the State in order to obtain and hold any water 

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

5 Act with respect to the wilderness areas. 

6 (j) MEMORANDUM OF UNDERSTANDING.—The Sec7 retary shall offer to enter into a memorandum of under8 standing with the County, in accordance with the Wilder9 ness Act (16 U.S.C. 1131 et seq.), to clarify the approval 

10 processes for the use of motorized equipment and mechan11 ical transport for search and rescue activities in the Crack 

12 Canyon Wilderness established by section 201(a)(3). 

13 SEC. 203. FISH AND WILDLIFE MANAGEMENT. 

14 Nothing in this title affects the jurisdiction of the State 

15 with respect to fish and wildlife on public land located in 

16 the State. 

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

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

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

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

21 acres of public land administered by the Bureau of Land 

22 Management in the County that has not been designated 

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

24 for wilderness designation. 


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1 (b) RELEASE.—The public land described in sub2 section (a)— 

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

4 Federal Land Policy and Management Act of 1976 

5 (43 U.S.C. 1782(c)); and 

6 (2) shall be managed in accordance with— 

7 (A) applicable law; and 

8 (B) any applicable land management plan 

9 adopted under section 202 of the Federal Land 

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

11 1712). 

12 TITLE III—WILD AND SCENIC 

13 RIVER DESIGNATION 

14 SEC. 301. GREEN RIVER WILD AND SCENIC RIVER DESIGNA15 TION. 

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

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

18 the end the following: 

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

20 mile segment, as generally depicted on the map enti21 tled ‘Emery County Public Land Management Act of 

22 2018 Overview Map’ and dated September 14, 2018, 

23 to be administered by the Secretary of the Interior, in 

24 the following classifications: 


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1 ‘‘(A) WILD RIVER SEGMENT.—The 5.3-mile 

2 segment from the boundary of the Uintah and 

3 Ouray Reservation, south to the Nefertiti boat 

4 ramp, as a wild river. 

5 ‘‘(B) RECREATIONAL RIVER SEGMENT.—The 

6 8.5-mile segment from the Nefertiti boat ramp, 

7 south to the Swasey’s boat ramp, as a rec8 reational river. 

9 ‘‘(C) SCENIC RIVER SEGMENT.—The 49.2- 

10 mile segment from Bull Bottom, south to the 

11 county line between Emery and Wayne Counties, 

12 as a scenic river.’’. 

13 (b) INCORPORATION OF ACQUIRED NON-FEDERAL

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

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

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

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

18 subsection (a)), the acquired land shall be incorporated in, 

19 and be administered as part of, the applicable wild, scenic, 

20 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.—The Secretary shall offer to convey 

6 to the Utah Division of Parks and Recreation of the Utah 

7 Department of Natural Resources (referred to in this section 

8 as the ‘‘State’’), approximately 6,261 acres of land identi9 fied on the Map as the ‘‘Proposed Goblin Valley State Park 

10 Expansion’’, without consideration, for the management by 

11 the State as a State park, consistent with uses allowed 

12 under the Act of June 14, 1926 (commonly known as the 

13 ‘‘Recreation and Public Purposes Act’’) (44 Stat. 741, chap14 ter 578; 43 U.S.C. 869 et seq.). 

15 (b) REVERSIONARY CLAUSE REQUIRED.—An agree16 ment entered into under subsection (a) shall include a rever17 sionary clause to ensure that management of the land de18 scribed in that subsection shall revert to the Secretary if 

19 the land is no longer being managed as a State park in 

20 accordance with subsection (a). 

21 SEC. 402. JURASSIC NATIONAL MONUMENT. 

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

23 for the benefit of present and future generations the paleon24 tological, scientific, educational, and recreational resources 

25 of the area and subject to valid existing rights, there is esVerDate Sep 11 2014 23:07 Dec 05, 2018 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 E:\BILLS\S2809.RS S2809

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1 tablished in the State the Jurassic National Monument (re2 ferred to in this section as the ‘‘Monument’’), consisting of 

3 approximately 850 acres of Federal land in the County, as 

4 generally depicted on the Map. 

5 (b) MAP AND LEGAL DESCRIPTION.— 

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

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

8 file with the Committee on Energy and Natural Re9 sources of the Senate and the Committee on Natural 

10 Resources of the House of Representatives a map and 

11 legal description of the Monument. 

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

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

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

15 the Secretary may correct clerical and typographical 

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

17 requirement that, before making the proposed correc18 tions, the Secretary shall submit to the State and any 

19 affected county the proposed corrections. 

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

21 and legal description filed under paragraph (1) shall 

22 be on file and available for public inspection in the 

23 appropriate offices of the Bureau of Land Manage24 ment. 


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

2 any Federal land within the boundaries of the Monument 

3 and any land or interest in land that is acquired by the 

4 United States for inclusion in the Monument after the date 

5 of enactment of this Act is withdrawn from— 

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

7 public land laws; 

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

9 laws; and 

10 (3) operation of the mineral leasing laws, geo11 thermal leasing laws, and minerals materials laws. 

12 (d) MANAGEMENT.— 

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

14 the Monument— 

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

16 and enhances the resources and values of the 

17 Monument, including the resources and values 

18 described in subsection (a); and 

19 (B) in accordance with— 

20 (i) this section; 

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

23 seq.); and 

24 (iii) any other applicable Federal law. 


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1 (2) NATIONAL LANDSCAPE CONSERVATION SYS2 TEM.—The Monument shall be managed as a compo3 nent of the National Landscape Conservation System. 

4 (e) MANAGEMENT PLAN.— 

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

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

7 develop a comprehensive management plan for the 

8 long-term protection and management of the Monu9 ment. 

10 (2) COMPONENTS.—The management plan devel11 oped under paragraph (1) shall— 

12 (A) describe the appropriate uses and man13 agement of the Monument, consistent with the 

14 provisions of this section; and 

15 (B) allow for continued scientific research 

16 at the Monument during the development of the 

17 management plan for the Monument, subject to 

18 any terms and conditions that the Secretary de19 termines necessary to protect Monument re20 sources. 

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

22 allow uses of the Monument that the Secretary determines 

23 would further the purposes for which the Monument has 

24 been established. 


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1 (g) INTERPRETATION, EDUCATION, AND SCIENTIFIC

2 RESEARCH.— 

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

4 for public interpretation of, and education and sci5 entific research on, the paleontological resources of the 

6 Monument. 

7 (2) COOPERATIVE AGREEMENTS.—The Secretary 

8 may enter into cooperative agreements with appro9 priate public entities to carry out paragraph (1). 

10 (h) SPECIAL MANAGEMENT AREAS.— 

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

12 Monument shall not modify the management status of 

13 any area within the boundary of the Monument that 

14 is managed as an area of critical environment con15 cern. 

16 (2) CONFLICT OF LAWS.—If there is a conflict be17 tween the laws applicable to an area described in 

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

19 provision shall control. 

20 (i) MOTORIZED VEHICLES.—Except as needed for ad21 ministrative purposes or to respond to an emergency, the 

22 use of motorized vehicles in the Monument shall be allowed 

23 only on roads and trails designated for use by motorized 

24 vehicles under the management plan for the Monument de25 veloped under subsection (e). 


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1 (j) WATER RIGHTS.—Nothing in this section con2 stitutes an express or implied reservation by the United 

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

4 Monument. 

5 (k) GRAZING.—The grazing of livestock in the Monu6 ment, if established before the date of enactment of this Act, 

7 shall be allowed to continue, subject to such reasonable regu8 lations, policies, and practices as the Secretary considers 

9 to be necessary in accordance with— 

10 (1) applicable law (including regulations); 

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

12 report of the Committee on Interior and Insular Af13 fairs of the House of Representatives accompanying 

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

15 405); and 

16 (3) the purposes of the Monument. 

17 SEC. 403. PUBLIC LAND DISPOSAL AND ACQUISITION. 

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

19 Secretary may sell public land located in the County that 

20 has been identified as suitable for disposal based on specific 

21 criteria as listed in the Federal Land Policy and Manage22 ment Act of 1976 (43 U.S.C. 1713) in the applicable re23 source management plan in existence on the date of enact24 ment of this Act. 

25 (b) USE OF PROCEEDS.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law (other than a law that specifically 

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

4 to be distributed to any trust fund of the State), pro5 ceeds from the sale of public land under subsection (a) 

6 shall be deposited in a separate account in the Treas7 ury, to be known as the ‘‘Emery County, Utah, Land 

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

9 the ‘‘Account’’). 

10 (2) AVAILABILITY.— 

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

12 shall be available to the Secretary, without fur13 ther appropriation, to purchase from willing 

14 sellers land or interests in land within a wilder15 ness area or the Recreation Area. 

16 (B) APPLICABILITY.—Any purchase of land 

17 or interest in land under subparagraph (A) shall 

18 be in accordance with applicable law. 

19 (C) PROTECTION OF CULTURAL RE20 SOURCES.—To the extent that there are amounts 

21 in the Account in excess of the amounts needed 

22 to carry out subparagraph (A), the Secretary 

23 may use the excess amounts for the protection of 

24 cultural resources on Federal land within the 

25 County. 


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1 SEC. 404. PUBLIC PURPOSE CONVEYANCES. 

2 (a) IN GENERAL.—Notwithstanding the land use plan3 ning requirement of sections 202 and 203 of the Federal 

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

5 1713), on request by the applicable local governmental enti6 ty, the Secretary shall convey without consideration the fol7 lowing parcels of public land to be used for public purposes: 

8 (1) EMERY CITY RECREATION AREA.—The ap9 proximately 640-acre parcel as generally depicted on 

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

11 or enhancement of public recreation opportunities 

12 consistent with uses allowed under the Act of June 14, 

13 1926 (commonly known as the ‘‘Recreation and Pub14 lic Purposes Act’’) (44 Stat. 741, chapter 578; 43 

15 U.S.C. 869 et seq.). 

16 (2) HUNTINGTON AIRPORT.—The approximately 

17 320-acre parcel as generally depicted on the Map, to 

18 Emery County, Utah, for expansion of Huntington 

19 Airport consistent with uses allowed under the Act of 

20 June 14, 1926 (commonly known as the ‘‘Recreation 

21 and Public Purposes Act’’) (44 Stat. 741, chapter 

22 578; 43 U.S.C. 869 et seq.). 

23 (3) EMERY COUNTY SHERIFF’S OFFICE.—The ap24 proximately 5-acre parcel as generally depicted on the 

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

26 Sheriff’s Office substation consistent with uses allowed 


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1 under the Act of June 14, 1926 (commonly known as 

2 the ‘‘Recreation and Public Purposes Act’’) (44 Stat. 

3 741, chapter 578; 43 U.S.C. 869 et seq.). 

4 (4) BUCKHORN INFORMATION CENTER.—The ap5 proximately 5-acre parcel as generally depicted on the 

6 Map, to Emery County, Utah, for the Buckhorn In7 formation Center consistent with uses allowed under 

8 the Act of June 14, 1926 (commonly known as the 

9 ‘‘Recreation and Public Purposes Act’’) (44 Stat. 741, 

10 chapter 578; 43 U.S.C. 869 et seq.). 

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 parcel of land 

15 to be conveyed under subsection (a) with— 

16 (A) the Committee on Energy and Natural 

17 Resources of the Senate; and 

18 (B) the Committee on Natural Resources of 

19 the House of Representatives. 

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 or typographical errors 

24 in the map and legal description. 


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

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

3 and available for public inspection in the Price Field 

4 Office of the Bureau of Land Management. 

5 (c) REVERSION.— 

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

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

8 the purpose described in that subsection, the parcel of 

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

10 the United States. 

11 (2) RESPONSIBILITY FOR REMEDIATION.—In the 

12 case of a reversion under paragraph (1), if the Sec13 retary determines that the parcel of land is contami14 nated with hazardous waste, the local governmental 

15 entity to which the parcel of land was conveyed under 

16 subsection (a) shall be responsible for remediation. 

Amend the title so as to read: ‘‘A bill to establish 

the San Rafael Swell Western Heritage and Historic 

Mining Recreation 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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Calendar No. 721 

115TH CONGRESS 

2D SESSION S. 2809 

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 5, 2018 

Reported with an amendment and an amendment to the 

title 


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