I
105TH CONGRESS
2D SESSION
H. R. 3625
To establish the San Rafael Swell National Heritage Area and the San
Rafael Swell National Conservation Area in the State of Utah, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1998
Mr. CANNON introduced the following bill; which was referred to the
Committee on Resources
A BILL
To establish the San Rafael Swell National Heritage Area
and the San Rafael Swell National Conservation Area
in the State of Utah, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘San Rafael Swell Na-
tional Heritage and Conservation Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I—SAN RAFAEL SWELL NATIONAL HERITAGE AREA
Sec. 101. Short title.
Sec. 102. Findings, purposes, and definitions.
Sec. 103. San Rafael Swell National Heritage Area.
Sec. 104. Management entity for national heritage area.
Sec. 105. Preparation of management plan.
Sec. 106. Implementation of management plan.
Sec. 107. Duties and authorities of the Secretary.
Sec. 108. Duties and authorities of other Federal agencies.
Sec. 109. Savings provisions.
Sec. 110. Authorization of appropriations.
TITLE II—SAN RAFAEL SWELL NATIONAL CONSERVATION AREA
Subtitle A—Establishment of Conservation Area
Sec. 201. Definitions.
Sec. 202. Establishment of national conservation area.
Sec. 203. Management and use.
Sec. 204. Additions.
Sec. 205. Advisory council.
Sec. 206. Relationship to other laws and administrative provisions.
Sec. 207. Communications equipment.
Subtitle B—Wilderness Areas Within Conservation Area
Sec. 221. Designation of wilderness.
Sec. 222. Administration of wilderness areas.
Subtitle C—Other Special Management Areas
Sec. 231. San Rafael Swell Desert Bighorn Sheep Management Area.
Sec. 232. Semi-primitive nonmotorized use areas.
Sec. 233. Scenic visual areas of critical environmental concern.
TITLE III—ADDITIONAL WILDERNESS AREAS OUTSIDE OF CON-
SERVATION AREA; WILDERNESS ADMINISTRATION PROVISIONS
Sec. 301. Designation of wilderness.
Sec. 302. Administration of wilderness areas.
Sec. 303. Livestock.
Sec. 304. Wilderness release.
TITLE IV—GENERAL MANAGEMENT PROVISIONS
Sec. 401. Livestock grazing.
Sec. 402. Cultural and paleontological resources.
Sec. 403. Native American cultural and religious uses.
Sec. 404. Aircraft.
Sec. 405. Oil shale reserve numbered 2.
Sec. 406. Land exchanges relating to school and institutional trust lands.
Sec. 407. Water rights.
Sec. 408. Miscellaneous.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADVISORY COUNCIL.—The term ‘‘Advisory
Council’’ means the San Rafael Swell National Con-
servation Area Advisory Council established under
section 205.
(2) CONSERVATION
AREA.—The term ‘‘con-
servation area’’ means the San Rafael Swell Na-
tional Conservation Area established by section 202.
(3) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Bureau of Land Management.
(4) NATIONAL
HERITAGE
AREA.—The term
‘‘national heritage area’’ means the San Rafael
Swell National Heritage Area established by section
103.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management.
(6) SEMI-PRIMITIVE AREA.—The term ‘‘semi-
primitive area’’ means any area designated as a
semi-primitive nonmotorized use area under section
232.
TITLE I—SAN RAFAEL SWELL
NATIONAL HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘San Rafael Swell Na-
tional Heritage Area Act’’.
SEC. 102. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) FINDINGS.—Congress finds the following:
(1) The history of the American West is one of
the most significant chapters of United States his-
tory, and the major themes and images of the his-
tory of the American West provide a legacy that has
done much to shape the contemporary culture, atti-
tudes, and values of the American West and the
United States.
(2) The San Rafael Swell region of the State of
Utah was one of the country’s last frontiers and pos-
sesses important historical, cultural, and natural re-
sources that are representative of the central themes
associated with the history of the American West,
including themes of pre-Columbian and Native
American culture, exploration, pioneering, settle-
ment, ranching, outlaws, prospecting and mining,
water development and irrigation, railroad building,
industrial development, and the utilization and con-
servation of natural resources.
(3) The San Rafael Swell region contains im-
portant historical sites, including sections of the Old
Spanish Trail, the Outlaw Trail, the Green River
Crossing, and numerous sites associated with cow-
boy, pioneer, and mining history.
(4) The heritage of the San Rafael Swell region
includes the activities of many prominent historical
figures of the old American West, such as Chief
Walker, John Wesley Powell, Kit Carson, John C.
Fremont, John W. Gunnison, Butch Cassidy, John
W. Taylor, and the Swasey brothers.
(5) The San Rafael Swell region has a notable
history of coal and uranium mining, and a rich cul-
tural heritage of activities associated with mining,
such as prospecting, railroad building, immigrant
workers, coal camps, labor union movements, and
mining disasters.
(6) The San Rafael Swell region is widely rec-
ognized for its significant paleontological resources
and dinosaur bone quarries, including the Cleveland
Lloyd Dinosaur Quarry which was designated as a
National Natural Landmark in 1966.
(7) The beautiful rural landscapes, historic and
cultural landscapes, and spectacular scenic vistas of
the San Rafael Swell region contain significant un-
developed recreational opportunities for people
throughout the United States.
(8) Museums and visitor centers have already
been constructed in the San Rafael Swell region, in-
cluding the John Wesley Powell River History Mu-
seum, the College of Eastern Utah Prehistoric Mu-
seum, the Museum of the San Rafael, the Western
Mining and Railroad Museum, the Emery County
Pioneer Museum, and the Cleveland Lloyd Dinosaur
Quarry, and these museums are available to inter-
pret the themes of the national heritage area estab-
lished by this title and to coordinate the interpretive
and preservation activities of the area.
(9) Despite the efforts of the State of Utah, po-
litical subdivisions of the State, volunteer organiza-
tions, and private businesses, the cultural, historical,
natural, and recreational resources of the San
Rafael Swell region have not realized their full po-
tential and may be lost without assistance from the
Federal Government.
(10) Many of the historical, cultural, and sci-
entific sites of the San Rafael Swell region are lo-
cated on lands owned by the Federal Government
and are managed by the Bureau of Land Manage-
ment or the United States Forest Service.
(11) The preservation of the cultural, historical,
natural, and recreational resources of the San
Rafael Swell region within a regional framework re-
quires cooperation among local property owners and
Federal, State, and local government entities.
(12) Partnerships between Federal, State, and
local governments, local and regional entities of
these governments, and the private sector offer the
most effective opportunities for the enhancement
and management of the cultural, historical, natural,
and recreational resources of the San Rafael Swell
region.
(b) PURPOSES.—The purposes of this title are—
(1) to establish the San Rafael Swell National
Heritage Area to promote the preservation, con-
servation, interpretation, and development of the his-
torical, cultural, natural, and recreational resources
related to the historical, cultural, and industrial her-
itage of the San Rafael Swell region of the State of
Utah, which includes the counties of Carbon and
Emery, and portions of the county of Sanpete;
(2) to encourage within the national heritage
area a broad range of economic and recreational op-
portunities to enhance the quality of life for present
and future generations;
(3) to assist the State of Utah, political subdivi-
sions of the State and their local and regional enti-
ties, and nonprofit organizations, or combinations
thereof, in preparing and implementing a manage-
ment plan for the national heritage area and in de-
veloping policies and programs that will preserve, en-
hance, and interpret the cultural, historical, natural,
recreational, and scenic resources of the heritage
area; and
(4) to authorize the Secretary of the Interior to
provide financial assistance and technical assistance
to support the preparation and implementation of
the management plan for the national heritage area.
(c) DEFINITIONS.—For purposes of this title:
(1) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means the entity recognized by the
Secretary pursuant to section 104(a) to manage the
national heritage area.
(2) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the na-
tional heritage area required under section 105.
(3) FINANCIAL ASSISTANCE.—The term ‘‘finan-
cial assistance’’ means funds appropriated by the
Congress and made available to the management en-
tity for the purposes of preparing and implementing
a management plan.
(4) TECHNICAL ASSISTANCE.—The term ‘‘tech-
nical assistance’’ means any guidance, advice, help,
or aid, other than financial assistance, provided by
the Secretary.
SEC. 103. SAN RAFAEL SWELL NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the
State of Utah the San Rafael Swell National Heritage
Area.
(b) BOUNDARIES.—The San Rafael Swell National
Heritage Area shall be comprised of Carbon County and
Emery County, Utah, and portions of Sanpete County,
Utah, as depicted on the map entitled ‘‘San Rafael Swell
National Heritage/Conservation Area Proposed’’, dated
lllll. The map shall be on file and available for
public inspection in the office of the Director.
SEC. 104. MANAGEMENT ENTITY FOR NATIONAL HERITAGE
AREA.
(a) RECOGNITION OF MANAGEMENT ENTITY.—Upon
petition, the Secretary may recognize an entity of the
State of Utah, political subdivisions of the State and their
local and regional entities, or a nonprofit organization, or
a combination thereof, as the management entity for the
national heritage area. The recognized management entity
shall be known as the San Rafael Regional Heritage Coun-
cil.
(b) ELIGIBILITY REQUIREMENTS.—To be eligible for
designation as the management entity, an entity must pos-
sess the legal ability—
(1) to receive Federal funds for use in prepar-
ing and implementing the management plan for the
national heritage area;
(2) to disburse Federal funds to units of gov-
ernment or organizations for use in preparing and
implementing the management plan;
(3) to account for all Federal funds received by
the management entity under section 107; and
(4) to sign agreements with the Federal Gov-
ernment.
(c) GENERAL AUTHORITIES OF MANAGEMENT EN-
TITY.—For purposes of preparing and implementing the
management plan for the heritage area under sections 105
and 106, the management entity may use Federal funds
provided to the management entity under section 107—
(1) to make grants and loans to the State of
Utah, political subdivisions of the State, nonprofit
organizations, and other persons;
(2) to enter into cooperative agreements with,
or provide technical assistance to, Federal agencies,
the State of Utah, political subdivisions of the State,
nonprofit organizations, and other persons;
(3) to hire and compensate staff;
(4) to obtain money from any source under any
program or law requiring the recipient of such
money to provide matching funds; and
(5) to contract for goods and services.
(d) PROHIBITION OF ACQUISITION OF REAL PROP-
ERTY.—The management entity may not acquire real
property or any interest in real property using Federal
funds provided to the management entity under section
107.
SEC. 105. PREPARATION OF MANAGEMENT PLAN.
(a) PREPARATION REQUIRED.—Not later than three
years after the date of the enactment of this Act, the man-
agement entity shall prepare and submit to the Secretary
a management plan for the national heritage area. The
management entity shall prepare the management plan
with public participation, including residents, public agen-
cies, and private organizations in the national heritage
area.
(b) PLAN REQUIREMENTS.—The management plan
shall present comprehensive recommendations for the con-
servation, funding, management, and development of the
national heritage area, taking into consideration existing
Federal, State, county, and local plans. The management
plan shall include the following:
(1) A description of actions that units of gov-
ernment and private organizations are recommended
to take in order to protect, restore, develop, enhance,
or maintain the resources of the national heritage
area.
(2) A description of existing and potential
sources of funding for the conservation, manage-
ment, and development of the national heritage area.
(3) An inventory of the resources contained in
the national heritage area, including a list of sites
in the national heritage area that should be con-
served, restored, managed, developed, or maintained
because of the natural, cultural, or historic signifi-
cance of the sites as they relate to the themes of the
national heritage area.
(4) A recommendation of policies for resource
management that consider and detail the application
of appropriate land and water management tech-
niques, including the development of intergovern-
mental cooperative agreements to manage the histor-
ical, cultural, and natural resources and recreational
opportunities of the national heritage area in a man-
ner consistent with the support of appropriate and
compatible economic viability.
(5) A program, including plans for restoration
and construction, for implementation of the manage-
ment plan by the management entity, including spe-
cific commitments for the first five years of oper-
ation of the management plan by the partners iden-
tified in the plan.
(6) An analysis of means by which Federal,
State, and local programs may best be coordinated
to promote the purposes of this title.
(7) An interpretive plan for the national herit-
age area.
(c) CONSIDERATION BY SECRETARY.—
(1) APPROVAL
OR
DISAPPROVAL.—Not later
than 60 days after receipt of the management plan
under subsection (a), the Secretary shall approve or
disapprove the management plan. If the Secretary
has taken no action within 60 days after receipt, the
management plan shall be considered to be ap-
proved.
(2) EFFECT
OF
DISAPPROVAL.—If the Sec-
retary disapproves the management plan, the Sec-
retary shall advise the management entity, in writ-
ing, of the reasons for the disapproval and shall
make recommendations for revision of the manage-
ment plan.
(3) RESUBMISSION.—Not later than 60 days
after receipt of a revised management plan, the Sec-
retary shall approve or disapprove the proposed revi-
sions to the management plan. If the Secretary has
taken no action within 60 days after receipt, the
management plan shall be considered approved.
SEC. 106. IMPLEMENTATION OF MANAGEMENT PLAN.
(a) PRIORITIES.—The management entity shall give
priority to the implementation of actions, goals, and poli-
cies set forth in the management plan for the national her-
itage area, including—
(1) assisting units of government, regional plan-
ning organizations, and nonprofit organizations—
(A) in conserving resources contained in
the national heritage area;
(B) in establishing and maintaining inter-
pretive exhibits in the national heritage area;
(C) in developing recreational opportunities
in the national heritage area;
(D) in increasing public awareness of and
appreciation for the natural, historical, and cul-
tural resources of the national heritage area;
(E) in the restoration of historic buildings
and structures that are located within the
boundaries of the national heritage area that
relate to the themes of the national heritage
area; and
(F) in ensuring that clear, consistent, and
appropriate signs identifying access points and
sites of interest are put in place throughout the
national heritage area; and
(2) consistent with the goals of the manage-
ment plan, encouraging economic viability in the af-
fected communities by appropriate means.
(b) CONSIDERATION
OF
INTERESTS
OF
LOCAL
GROUPS.—In implementing the management plan, the
management entity shall consider the interests of diverse
units of government, businesses, private property owners,
and nonprofit groups within the national heritage area.
(c) PUBLIC MEETINGS.—The management entity
shall conduct public meetings at least semiannually re-
garding the implementation of the management plan.
SEC. 107. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) PROVISION OF TECHNICAL ASSISTANCE AND FI-
NANCIAL ASSISTANCE.—The Secretary may provide tech-
nical assistance and, subject to the availability of appro-
priations, financial assistance in the form of grants—
(1) to the management entity to assist in the
preparation of the management plan and its imple-
mentation; and
(2) to units of government, nonprofit organiza-
tions, and other persons, upon request of the man-
agement entity.
(b) PROHIBITION
OF CERTAIN REQUIREMENTS.—
The Secretary may not, as a condition of the award of
technical assistance or financial assistance under this sec-
tion, require any recipient of such assistance to enact or
modify land use restrictions.
(c) DETERMINATIONS REGARDING ASSISTANCE.—
The Secretary shall decide if technical assistance or finan-
cial assistance should be provided under this section and
the amount of that assistance. Such decisions shall be
based on the relative degree to which the project for which
the assistance is sought advances the objectives contained
in the management plan and the purposes of this title.
The Secretary shall give priority consideration to projects
which provide a greater leverage of Federal funds.
(d) PROVISION
OF INFORMATION.—In cooperation
with other Federal agencies, the Secretary shall provide
the general public with information regarding the location
and character of the national heritage area.
SEC. 108. DUTIES AND AUTHORITIES OF OTHER FEDERAL
AGENCIES.
Any Federal entity conducting any activity directly
affecting the national heritage area shall consider the po-
tential effect of the activity on the management plan and
shall consult with the management entity with respect to
the activity to minimize the adverse effects of the activity
on the national heritage area.
SEC. 109. SAVINGS PROVISIONS.
(a) NO
EFFECT
ON
AUTHORITY
OF
GOVERN-
MENTS.—Nothing in this title shall be construed to mod-
ify, enlarge, or diminish any authority of the Federal,
State, or local governments to regulate any use of land
as provided for by law or regulation.
(b) LACK OF ZONING OR LAND USE POWERS OF EN-
TITY.—Nothing in this title shall be construed to grant
powers of zoning or land use to the management entity
for the national heritage area.
(c) FISH AND WILDLIFE.—The designation of the
national heritage area shall not diminish the authority of
the State of Utah to manage fish and wildlife, including
the regulation of fishing and hunting within the national
heritage area.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
be appropriated for the national heritage area under this
title.
(b) 50-PERCENT MATCH.—Federal funding provided
under section 107, after the designation of the national
heritage area, may not exceed 50 percent of the total cost
of any assistance or financial assistance provided or au-
thorized under this title.
TITLE II—SAN RAFAEL SWELL
NATIONAL 
CONSERVATION
AREA
Subtitle A—Establishment of
Conservation Area
SEC. 201. DEFINITION OF PLAN.
In this title, the term ‘‘plan’’ means the comprehen-
sive management plan developed for the national conserva-
tion area under section 203, including such revisions
thereto as may be required in order to implement this title.
SEC. 202. ESTABLISHMENT OF NATIONAL CONSERVATION
AREA.
(a) ESTABLISHMENT.—In order to preserve and
maintain heritage, tourism, recreational, historical, scenic,
archaeological, paleontological, biological, cultural, sci-
entific, educational, and economic resources, there is here-
by established the San Rafael Swell National Conservation
Area.
(b) AREA INCLUDED.—The conservation area shall
consist of all public lands within the exterior boundaries
of the conservation area, comprised of approximately
630,000 acres, as generally depicted on the map entitled
‘‘San Rafael Swell National Heritage/Conservation Area
Proposed’’, dated lllll, including areas depicted
within those boundaries on that map as ‘‘Proposed Wilder-
ness’’, ‘‘Proposed Bighorn Sheep Management Areas’’,
‘‘Scenic Visual Area of Critical Environmental Concern’’,
and ‘‘Semi-Primitive Non-Motorized Use Area’’.
(c) MAP AND LEGAL DESCRIPTION.—As soon as is
practicable after enactment of this Act, the map referred
to in subsection (b) and a legal description of the con-
servation area shall be filed by the Secretary with the
Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of
the Senate. Such map and description shall have the same
force and effect as if included in this Act, except that the
Secretary may correct clerical and typographical errors in
such map and legal description. Such map and description
shall be on file and available for public inspection in the
office of the Director and the Utah State Director of the
Bureau of Land Management of the Department of the
Interior.
(d) WITHDRAWALS.—Subject to valid existing rights,
the Federal lands within the conservation area are hereby
withdrawn from all forms of entry, appropriation, or dis-
posal under the public land laws; and from entry, applica-
tion, and selection under the Act of March 3, 1877 (Ch.
107, 19 Stat. 377, 43 U.S.C. 321 et seq.; commonly re-
ferred to as the ‘‘Desert Lands Act’’), section 4 of the
Act of August 18, 1894 (Ch. 301, 28 Stat. 422; 43 U.S.C.
641; commonly referred to as the ‘‘Carey Act’’), section
2275 of the Revised Statutes, as amended (43 U.S.C.
851), and section 2276 of the Revised Statutes (43 U.S.C.
852). The Secretary shall return to the applicants any
such applications pending on the date of enactment of this
Act, without further action. Subject to valid existing
rights, as of the date of enactment of this Act, lands with-
in the conservation area are withdrawn from location
under the general mining laws, the operation of the min-
eral and geothermal leasing laws, and the mineral material
disposal laws, except that mineral materials subject to dis-
posal may be made available from existing sites to the ex-
tent compatible with the purposes for which the conserva-
tion area is established.
(e) CLOSURE TO FORESTRY.—The Secretary shall
prohibit all commercial sale of trees, portions of trees, and
forest products located in the conservation area.
SEC. 203. MANAGEMENT AND USE.
(a) MANAGEMENT PLAN.—
(1) PREPARATION.—(A) Not later than 5 years
after the date of enactment of this Act, the Sec-
retary, in cooperation with the Advisory Council,
shall prepare and begin implementing a management
plan for the conservation area.
(B) Thereafter, the Secretary and the Advisory
Council shall review the plan at least once every 10
years and shall make such revisions as may be nec-
essary or appropriate.
(C) In reviewing and revising the plan, the Sec-
retary and the Advisory Council shall provide for ap-
propriate public participation.
(2) MULTIPLE USE, SUSTAINABLE YIELD DE-
SIGN.—The management plan shall be a multiple
use, sustained yield management plan that—
(A) conserves the resources of the con-
servation area for future generations;
(B) provides for the present and future en-
joyment of those resources, particularly heritage
and outdoor recreation uses including the use,
where appropriate, of off-road recreational vehi-
cles;
(C) provides for the immediate and future
protection and administration of public lands in
the conservation area and the maintenance of
environmental quality; and
(D) provides for the present and future ac-
cess to and enjoyment of the various national
heritage area sites in the conservation area, as
identified in the management plan for the na-
tional heritage area pursuant to section
105(b)(3).
(3) CONSISTENCY WITH NATIONAL HERITAGE
AREA MANAGEMENT PLAN.—The management plan
for the conservation area shall be consistent with the
management plan for the national heritage area
under section 105.
(b) MANAGEMENT GUIDANCE.—The Secretary shall
ensure that the plan and management program to imple-
ment the plan include, in addition to any other necessary
or appropriate provisions, provisions for—
(1) protection for the heritage, scientific, cul-
tural, and educational resources and values of the
public lands in the conservation area;
(2) public use of the conservation area consist-
ent with the purposes of this subtitle;
(3) interpretive and educational opportunities
for the public;
(4) a program for continued scientific investiga-
tion and study to provide information to support
sound management in accordance with this subtitle,
to advance knowledge of species and the resources
and values of the conservation area, and to provide
a process for transferring to other areas of the pub-
lic lands and elsewhere this knowledge and manage-
ment experience;
(5) such vegetative enhancement and other
measures as may be necessary to restore or enhance
habitat;
(6) the identification of levels, types, timing,
and terms and conditions for the allowable uses of
lands within the conservation area that will be com-
patible with the protection, maintenance, and en-
hancement of species populations and habitats and
the other purposes for which the conservation area
is established; and
(7) assessing the desirability of imposing appro-
priate fees for public uses (including, but not limited
to, recreational use) of lands in the conservation
area, which are not now subject to fees, to be used
to further the purposes for which the conservation
area is established.
(c) VISITORS CENTER.—The Secretary may estab-
lish, in cooperation with the Advisory Council and other
public or private entities as the Secretary considers appro-
priate, a visitors center designed to interpret the history
and the geological, ecological, natural, cultural, and other
resources of the conservation area.
(d) VISITORS USE OF AREA.—In addition to the Visi-
tors Center, the Secretary may provide for visitor use of
the public lands in the conservation area to such extent
and in such manner as the Secretary considers consistent
with the purposes for which the conservation area is estab-
lished. To the extent practicable, the Secretary shall make
available to visitors and other members of the public a
map of the conservation area and such other educational
and interpretive materials as may be appropriate.
(e) COOPERATIVE
AGREEMENTS.—The Secretary
may provide technical assistance to, and enter into such
cooperative agreements and contracts with, the State of
Utah and with local governments and private entities as
the Secretary deems necessary or desirable to carry out
the purposes and policies of this title.
(f) AGRICULTURAL PRACTICES.—Nothing in this Act
shall be construed as constituting a grant of authority to
the Secretary to restrict recognized agricultural practices
or other activities on private land adjacent to or within
the conservation area boundary.
SEC. 204. ADDITIONS.
(a) ACQUISITIONS.—
(1) IN GENERAL.—The Secretary may acquire
lands and interests therein within the boundaries of
the conservation area by donation, purchase with do-
nated or appropriated funds, exchange, or transfer
from another Federal agency, except that such lands
or interests owned by the State of Utah or a politi-
cal subdivision thereof may be acquired only by do-
nation or exchange.
(2) ADDITION TO CONSERVATION AREA.—Any
lands located within the boundaries of the conserva-
tion area that are acquired by the United States on
or after the date of enactment of this Act shall be-
come a part of the conservation area and shall be
subject to this title.
(b) LAND EXCHANGES TO RESOLVE CONFLICTS.—
The Secretary shall, within 4 years after the date of enact-
ment of this Act, study, identify, and initiate voluntary
land exchanges which would resolve ownership-related
land use conflicts within the conservation area. Lands may
be acquired under this subsection only from willing sellers.
SEC. 205. ADVISORY COUNCIL.
(a) ESTABLISHMENT.—There is established the San
Rafael Swell National Conservation Area Advisory Coun-
cil. The Advisory Council shall advise the Secretary re-
garding management of the conservation area.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Advisory Council shall
consist of 11 members appointed by the Secretary
from among persons who are representative of the
various major citizen’s interests concerned with the
management of the public lands located in the con-
servation area. Of the members—
(A) 3 shall be appointed from individuals
recommended by the Governor of the State of
Utah;
(B) 5 shall be appointed from individuals
recommended by the Board of Commissioners
of Emery County, Utah, and shall include a
representative of each of the Emery County
Public Lands Council and the San Rafael Re-
gional Heritage Council recognized under sec-
tion 104(a);
(C) 1 shall be the Director of the Bureau
of Land Management in the State of Utah, or
his or her designee; and
(D) the remainder shall be selected by the
Secretary.
(2) APPOINTMENT
PROCESS.—The Secretary
shall appoint the members of the Advisory Council
in accordance with rules prescribed by the Secretary.
(3) TERMS.—(A) The term of members of the
Advisory Council shall be a period established by the
Secretary, which may not exceed 4 years and which,
except as provided by subparagraph (B), shall be the
same for all members.
(B) In appointing the initial members of the
Advisory Council, the Secretary shall, for a portion
of the members, specify terms that are shorter than
the period established under subparagraph (A), as
necessary to achieve staggering of terms.
(c) CHAIRPERSON.—The Advisory Council shall have
a Chairperson, who shall be selected by the Advisory
Council from among its members.
(d) MEETINGS.—The Advisory Council shall meet at
least twice each a year, at the call of the Secretary or
the Chairperson.
(e) PAY AND EXPENSES.—Members of the Advisory
Council shall serve without pay, except travel and per diem
shall be paid to each member for meetings called by the
Secretary or the Chairperson.
(f) FURNISHING ADVICE.—The Advisory Council
may furnish advice to the Secretary with respect to the
planning and management of the public lands within the
conservation area and such other matters as may be re-
ferred to it by the Secretary.
(g) TERMINATION.—The Advisory Council shall ter-
minate 10 years after the date of the enactment of this
Act, unless otherwise extended by law.
SEC. 206. RELATIONSHIP TO OTHER LAWS AND ADMINIS-
TRATIVE PROVISIONS.
(a) OTHER LAWS.—
(1) PUBLIC LAND LAWS.—Except as otherwise
specifically provided in this Act, nothing in this title
shall be construed as limiting the applicability to
lands in the conservation area of laws applicable to
public lands generally, including but not limited to
the National Historic Preservation Act (16 U.S.C.
470 et seq.), the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.), or the
Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.).
(2) NON-BLM LAND.—Nothing in this title shall
be construed as by itself altering the status of any
lands that on the date of enactment of this Act were
not managed by the Bureau of Land Management.
(3) PLANT PROPAGATION.—Nothing in this title
shall be construed as prohibiting the Secretary from
engaging qualified persons to use public lands within
the conservation area for the propagation of plants
(including seeds) to be used for vegetative enhance-
ment of the conservation area in accordance with the
plan and in furtherance of the purposes for which
the conservation area is established.
SEC. 207. COMMUNICATIONS EQUIPMENT.
Nothing in this Act shall be construed to prohibit the
Secretary from authorizing the installation of communica-
tions equipment in the conservation area for public safety
purposes.
Subtitle B—Wilderness Areas
Within Conservation Area
SEC. 221. DESIGNATION OF WILDERNESS.
(a) DESIGNATION.—In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), the following
lands in the conservation area, as generally depicted on
the map entitled ‘‘San Rafael Swell National Heritage/
Conservation Area Proposed’’, dated lllll, are
hereby designated as wilderness and therefore as compo-
nents of the National Wilderness Preservation System:
(1) Crack Canyon Wilderness Area, consisting
of approximately 19,676 acres.
(2) Mexican Mountain Wilderness Area, consist-
ing of approximately 27,953 acres.
(3) Muddy Creek Wilderness Area, consisting of
approximately 37,010 acres.
(4) San Rafael Reef Wilderness Area, consist-
ing of approximately 46,079 acres.
(b) MAP AND DESCRIPTION.—As soon as practicable
after the date of the enactment of this Act, the Secretary
shall file a map and a legal description of each area des-
ignated as wilderness by subsection (a) with the Commit-
tee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Sen-
ate. Each map and description shall have the same force
and effect as if included in this Act, except that the Sec-
retary may correct clerical and typographical errors in
such maps and legal descriptions. Each map and legal de-
scription shall be on file and available for public inspection
in the office of the Director of the Bureau of Land Man-
agement, and the office of the State Director of the Bu-
reau of Land Management in the State of Utah, Depart-
ment of the Interior.
SEC. 222. ADMINISTRATION OF WILDERNESS AREAS.
(a) IN GENERAL.—Subject to valid existing rights
and the full exercise of those rights, each area designated
as wilderness by this title shall be administered by the Sec-
retary in accordance with this title, title III of this Act,
and the Wilderness Act (16 U.S.C. 1131 et seq.).
(b) INCORPORATION OF ACQUIRED LANDS AND IN-
TERESTS.—Any lands or interest in lands within the
boundaries of an area designated as wilderness by this
title that is acquired by the United States after the date
of the enactment of this Act shall be added to and admin-
istered as part of the wilderness area within which the
acquired lands or interest in lands are located.
(c) MANAGEMENT PLANS.—As soon as possible after
the date of the enactment of this Act, the Secretary, in
cooperation with the Advisory Council, shall prepare plans
in accordance with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712) to man-
age the areas designated as wilderness by this title.
Subtitle C—Other Special
Management Areas
SEC. 231. SAN RAFAEL SWELL DESERT BIGHORN SHEEP
MANAGEMENT AREA.
(a) ESTABLISHMENT AND PURPOSES.—
(1) ESTABLISHMENT.—There is hereby estab-
lished in the conservation area the San Rafael Swell
Desert Bighorn Sheep Management area (in this
section referred to as the ‘‘management area’’).
(2) PURPOSES.—The purposes of the manage-
ment area are the following:
(A) To provide for the prudent manage-
ment of Desert Bighorn Sheep and their habi-
tat in the Sid’s Mountain area of the conserva-
tion area.
(B) To provide opportunities for watchable
wildlife, hunting, and scientific study of Desert
Bighorn Sheep and their habitat.
(C) To provide a seed source for other
Desert Bighorn Sheep herds, and a gene pool to
protect genetic diversity within the Desert Big-
horn Sheep species.
(D) To provide educational opportunities
to the public regarding Desert Big Horn Sheep
and their environs.
(b) AREA INCLUDED.—The management area shall
consist of approximately 66,071 acres of federally owned
lands and interests therein managed by the Bureau of
Land Management as generally depicted on the map enti-
tled ‘‘San Rafael Swell National Heritage/Conservation
Area Proposed’’, dated lllll.
(c) MANAGEMENT AND USE.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the management area and use
of the management area shall be subject to all re-
quirements and restrictions that apply to the con-
servation area.
(2) 
MECHANIZED
TRAVEL.—The 
Secretary
shall not allow any mechanized travel in the manage-
ment area, except—
(A) mechanized travel on designated roads
and trails; and
(B) mechanized travel by personnel of the
Utah Division of Wildlife Resources and the
Bureau of Land Management, including over-
flights of aircraft and landings of helicopters,
may be allowed as needed to manage the Desert
Bighorn Sheep and their habitat.
(3) DESERT BIGHORN SHEEP MANAGEMENT.—
The Secretary and the Utah Division of Wildlife Re-
sources may use such management tools as are
needed to provide for the sustainability of the Desert
Bighorn Sheep herd and the range resource of the
management area, including animal transplanting
(both into and out of the management area), hunt-
ing, water development, fencing, surveys, prescribed
fire, control of noxious or invading weeds, and pred-
ator control.
(4) WILDLIFE VIEWING.—The Secretary, in co-
operation with the State of Utah and the Advisory
Council, shall manage the management area to pro-
vide opportunities for the public to view Desert Big-
horn Sheep in their natural habitat. However, the
Secretary may restrict mechanized and nonmecha-
nized visitation to sensitive areas during critical sea-
sons as needed to provide for the proper manage-
ment of the Desert Bighorn Sheep herd of the man-
agement area.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—The Secretary shall include
a management plan for the management area in the
management plan for the conservation area under
section 203.
(2) CONTENTS.—The management plan for the
management area shall establish goals and manage-
ment steps to be taken within the management area
to achieve the purposes of the management area
under subsection (a)(2).
(3) PARTICIPATION.—The Secretary shall co-
operate with the Utah Division of Wildlife Resources
and the Advisory Council in developing the manage-
ment plan for the management area.
(e) FACILITIES.—
(1) IN GENERAL.—The Secretary may estab-
lish, operate, and maintain in the management area
such facilities as are needed to provide for the man-
agement and safety of recreational users of the man-
agement area.
(2) VIEWING SITES.—Facilities under this sub-
section may include improved sheep viewing sites
around the periphery of the management area, if
such sites do not interfere with the proper manage-
ment of the sheep and their habitat.
(f) DEVELOPMENT OF HERITAGE SITES.—This sec-
tion shall not be construed to preclude the utilization, en-
hancement, and maintenance of national heritage area
sites in the management area, if such activities do not con-
flict with the purposes of the management area under sub-
section (a).
SEC. 232. SEMI-PRIMITIVE NONMOTORIZED USE AREAS.
(a) DESIGNATION AND PURPOSES.—The Secretary
shall designate areas in the national heritage area as semi-
primitive nonmotorized use areas. The purposes of the
semi-primitive areas are the following:
(1) To provide opportunities for isolation from
the sights and sounds of man.
(2) To provide opportunities to have a high de-
gree of interaction with the natural environment.
(3) To provide opportunities for recreational
users to practice outdoor skills in settings that
present moderate challenge and risk.
(b) AREA INCLUDED.—The semi-primitive areas shall
consist generally of approximately 109,487 acres of feder-
ally owned lands and interests therein located in the na-
tional heritage area that are managed by the Bureau of
Land Management as generally depicted on the map enti-
tled ‘‘San Rafael Swell National Heritage/Conservation
Area Proposed’’, dated lllll.
(c) MANAGEMENT AND USE OF AREAS IN CONSERVA-
TION AREA.—Except as otherwise provided in this section,
semi-primitive areas located in the conservation area shall
be subject to all requirements and restrictions that apply
to the conservation area.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—The Secretary shall include
a management plan for the semi-primitive areas lo-
cated in the conservation area in the management
plan for the conservation area under section 203.
The Secretary shall prepare other management plans
for semi-primitive areas located outside the con-
servation area.
(2) CONTENTS.—The management plans for
the semi-primitive areas shall establish goals and
management steps to be taken within the semi-
primitive areas to achieve the purposes under sub-
section (a).
(e) DEVELOPMENT OF HERITAGE SITES.—This sec-
tion shall not be construed to preclude the utilization, en-
hancement, and maintenance of national heritage area
sites in any semi-primitive area, if such activities do not
conflict with the purposes of the semi-primitive areas
under subsection (a).
SEC. 233. SCENIC VISUAL AREA OF CRITICAL ENVIRON-
MENTAL CONCERN.
(a) DESIGNATION
AND PURPOSE.—The Secretary
shall designate areas in the conservation area as a scenic
visual area of critical environmental concern (in this sec-
tion referred to as the ‘‘scenic visual ACEC’’). The pur-
pose of the scenic visual ACEC is to preserve the scenic
value of the Interstate Route 70 corridor within the con-
servation area.
(b) AREA INCLUDED.—The scenic visual ACEC shall
consist generally of the lands and interests therein located
in the conservation area bordering Interstate Route 70
that are managed by the Bureau of Land Management,
as generally depicted on the map entitled ‘‘San Rafael
Swell National Heritage/Conservation Area Proposed’’,
dated lllll.
(c) MANAGEMENT AND USE.—Except as otherwise
provided in this section, the scenic visual ACEC shall be
subject to all requirements and restrictions that apply to
the conservation area, and shall be managed to protect
scenic values in accordance with the Bureau of Land Man-
agement document entitled ‘‘San Rafael Resource Man-
agement Plan, Utah, Moab District, San Rafael Resource
Area, 1991’’.
TITLE III—ADDITIONAL WILDER-
NESS 
AREAS 
OUTSIDE 
OF
CONSERVATION 
AREA; 
WIL-
DERNESS 
ADMINISTRATION
PROVISIONS
SEC. 301. DESIGNATION OF WILDERNESS.
(a) DESIGNATION.—In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), the following
lands located in the national heritage area outside of the
conservation area, as generally depicted on the map enti-
tled ‘‘San Rafael Swell National Heritage/Conservation
Area Proposed’’, dated lllll, are hereby designated
as wilderness and therefore as components of the National
Wilderness Preservation System:
(1) Desolation Canyon Wilderness Area (Car-
bon County), consisting of approximately 109,050
acres.
(2) Desolation Canyon Wilderness Area (Emery
County), consisting of approximately 119,650 acres.
(3) Turtle Canyon Wilderness Area, consisting
of approximately 31,450 acres.
(4) Horseshoe Canyon Wilderness Area, consist-
ing of approximately 16,600 acres.
(b) MAP AND DESCRIPTION.—As soon as practicable
after the date of the enactment of this Act, the Secretary
shall file a map and a legal description of each area des-
ignated as wilderness by subsection (a) with the Commit-
tee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Sen-
ate. Each map and description shall have the same force
and effect as if included in this Act, except that the Sec-
retary may correct clerical and typographical errors in
such maps and legal descriptions. Each map and legal de-
scription shall be on file and available for public inspection
in the office of the Director of the Bureau of Land Man-
agement, and the office of the State Director of the Bu-
reau of Land Management in the State of Utah, Depart-
ment of the Interior.
SEC. 302. ADMINISTRATION OF WILDERNESS AREAS.
(a) IN GENERAL.—Subject to valid existing rights
and the full exercise of those rights, each area designated
as wilderness by this title shall be administered by the Sec-
retary in accordance with this title and the Wilderness Act
(16 U.S.C. 1131 et seq.).
(b) INCORPORATION OF ACQUIRED LANDS AND IN-
TERESTS.—Any lands or interest in lands within the
boundaries of an area designated as wilderness by this
title that is acquired by the United States after the date
of the enactment of this Act shall be added to and admin-
istered as part of the wilderness area within which the
acquired lands or interest in lands are located.
(c) MANAGEMENT PLANS.—As soon as possible after
the date of the enactment of this Act, the Secretary shall
prepare plans in accordance with section 202 of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C.
1712) to manage the areas designated as wilderness by
this subtitle.
SEC. 303. LIVESTOCK.
Grazing of livestock in areas designated as wilderness
by this Act, where such grazing is established before the
date of the enactment of this Act, shall—
(1) continue and wilderness values shall not be
used as a factor to reduce or withdraw grazing in
designated areas or in the management of wilder-
ness; and
(2) be administered in accordance with section
4(d)(4) 
of 
the 
Wilderness 
Act 
(16 
U.S.C.
1133(d)(4)) and the guidelines set forth in House
Report 96–1126.
SEC. 304. WILDERNESS RELEASE.
(a) FINDING.—The Congress finds and directs that
public lands in the Counties of Emery and Carbon in the
State of Utah administered by the Bureau of Land Man-
agement have been adequately studied for wilderness des-
ignation pursuant to section 603 of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1782).
(b) RELEASE.—Any public lands administered by the
Bureau of Land Management in the Counties of Emery
and Carbon in the State of Utah and not designated as
wilderness by this title are no longer subject to section
603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)). Such lands shall be managed
in accordance with Public Law 86–517 (16 U.S.C. 528
et seq.). Such lands shall also be managed for public uses
as defined in section 103(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(c)) and
in accordance with land management plans adopted pursu-
ant to section 202 of such Act (43 U.S.C. 1712) and this
Act.
TITLE IV—GENERAL
MANAGEMENT PROVISIONS
SEC. 401. LIVESTOCK GRAZING.
(a) AREAS OTHER THAN WILDERNESS.—
(1) IN GENERAL.—Except as provided in sub-
section (b), the Secretary shall permit domestic live-
stock grazing in areas of the conservation area, and
in areas of semi-primitive areas outside of the con-
servation area, where grazing was established before
the enactment of this Act. Conservation area values
and semi-primitive area values shall not be used as
a factor to determine grazing levels, grazing seasons,
or other grazing management decisions.
(2) COMPLIANCE WITH APPLICABLE REQUIRE-
MENTS.—Except as provided in subsection (b), any
livestock grazing on public lands within the con-
servation area or semi-primitive areas outside of the
conservation area and activities the Secretary deter-
mines necessary to carry out proper and practical
grazing management programs on such public lands
(such as animal damage control activities), shall be
managed in accordance with the Act of June 28,
1934 (43 U.S.C. 315 et seq.; commonly referred to
as the ‘‘Taylor Grazing Act’’), section 402 of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752), other laws applicable to such use
and programs on the public lands, and the manage-
ment plan for the conservation area.
(b) WILDERNESS.—This section shall not apply to
any wilderness designated by this Act.
SEC. 402. CULTURAL AND PALEONTOLOGICAL RESOURCES.
The Secretary shall allow for the discovery of, shall
protect, and may interpret, cultural or paleontological re-
sources located within areas designated as part of the con-
servation area or as a wilderness or semi-primitive area
under this Act. The means of discovery authorized shall
be those means conventional to the science of archaeology,
including customary means of ingress and egress.
SEC. 403. NATIVE AMERICAN CULTURAL AND RELIGIOUS
USES.
In recognition of the past use by Native Americans
for traditional cultural and religious purposes of sites
within areas designated as part of the conservation area
or as a wilderness or semi-primitive area under this Act,
the Secretary shall assure nonexclusive access from time
to time to those sites by Native Americans for such pur-
poses, including (but not limited to) wood gathering for
personal use or collecting plants or herbs for religious or
medicinal purposes. Such access shall be consistent with
the purpose and intent of section 1 of the Act of August
11, 1978 (Public Law 95–341; 42 U.S.C. 1996; commonly
known as the American Indian Religious Freedom Act).
SEC. 404. AIRCRAFT.
(a) LOW-LEVEL OVERFLIGHTS NOT PRECLUDED.—
Nothing in this Act shall be construed to restrict or pre-
clude low-level overflights over the areas designated as
part of the conservation area or as wilderness or semi-
primitive areas under this Act, including military over-
flights that can be seen or heard within such areas. Noth-
ing in this Act shall be construed to restrict or preclude
the designation of new units of special airspace or the es-
tablishment of military flight training routes over such
areas.
(b) SAN RAFAEL SWELL DESERT BIGHORN SHEEP
MANAGEMENT AREA.—Nothing in this Act shall be con-
strued to restrict or preclude personnel of the Utah Divi-
sion of Wildlife Resources and the Bureau of Land Man-
agement from conducting overflights of aircraft and land-
ing of helicopters in accordance with section 231(c)(2)(B).
SEC. 405. OIL SHALE RESERVE NUMBERED 2.
The area known as ‘‘Oil Shale Reserve Numbered 2’’,
located within Desolation Canyon Wilderness Area and the
semi-primitive area designated as Big Horn Bench and
Trail Canyon on the map entitled ‘‘San Rafael Swell Na-
tional Heritage/Conservation Area Proposed’’, dated
lllll, shall not be reserved for oil shale purposes
after the date of the enactment of this Act and shall be
under the sole jurisdiction of and managed by the Bureau
of Land Management.
SEC. 406. LAND EXCHANGES RELATING TO SCHOOL AND IN-
STITUTIONAL TRUST LANDS.
(a) IDENTIFICATION
OF AFFECTED LANDS.—Not
later than 1 year after the date of the enactment of this
Act, the Governor of the State of Utah may identify, de-
scribe, and notify the Secretary of any school and institu-
tional trust lands the value or economic potential of which
is diminished by establishment of the conservation area
or designation of any wilderness or semi-primitive area
under this Act.
(b) EXCHANGE OF LANDS.—Not later than 2 years
after the date of receipt of notification under subsection
(a) regarding lands, the Secretary shall acquire all right,
title, and interest in the lands identified in the notice, by
exchange with the State of Utah for Federal lands that
are of approximately equal value to the identified lands
and that are located in the State. The Secretary shall
make exchanges under this section without expense or loss
to the beneficiaries of the school and institutional trust
lands acquired by the Secretary in the exchange.
(c) DEFINITIONS.—As used in this section:
(1) 
SCHOOL
AND
INSTITUTIONAL
TRUST
LANDS.—The term ‘‘school and institutional trust
lands’’ means those properties granted by the United
States in the Utah Enabling Act to the State of
Utah in trust, and other lands that under State law
must be managed for the benefit of the public school
system or the institutions of the State that are des-
ignated by the Utah Enabling Act, that are located
in the conservation area or in any wilderness or
semi-primitive area designated under this Act out-
side of the conservation area.
(2) UTAH
ENABLING
ACT.—The term ‘‘Utah
Enabling Act’’ means the Act entitled ‘‘An Act to
enable the people of Utah to form a constitution and
State government, and to be admitted into the
Union on an equal footing with the original States’’,
approved July 16, 1894 (chapter 138; 28 Stat. 107).
SEC. 407. WATER RIGHTS.
(a) NO FEDERAL RESERVATION.—Nothing in this
Act or any other Act of Congress shall constitute or be
construed to constitute either an express or implied Fed-
eral reservation of water or water rights for any purpose
arising from the designation of areas as part of the con-
servation area or as a wilderness or semi-primitive area
under this Act.
(b) ACQUISITION AND EXERCISE OF WATER RIGHTS
UNDER UTAH LAW.—The United States may acquire and
exercise such water rights as it deems necessary to carry
out its responsibilities on any lands designated as part of
the conservation area or as a wilderness or semi-primitive
area under this Act pursuant to the substantive and proce-
dural requirements of the State of Utah. Nothing in this
Act shall be construed to authorize the use of eminent do-
main by the United States to acquire water rights for such
lands. Within areas designated as part of the conservation
area or as a wilderness or semi-primitive area under this
Act, all rights to water granted under the laws of the State
of Utah may be exercised in accordance with the sub-
stantive and procedural requirements of the State of Utah.
(c) EXERCISE
OF
WATER
RIGHTS
GENERALLY
UNDER UTAH LAWS.—Nothing in this Act shall be con-
strued to limit the exercise of water rights as provided
under the laws of the State of Utah.
(d) CERTAIN FACILITIES NOT AFFECTED.—Nothing
in this Act shall affect the maintenance, repair, modifica-
tion, replacement, or improvement of, or ingress to or
egress from, irrigation, pumping, storage, and trans-
mission facilities associated with municipal, industrial, ag-
ricultural, livestock, or wildlife purposes in existence be-
fore the date of the enactment of this Act, whether located
within or outside of the boundaries of areas designated
as part of the conservation area or as a wilderness or semi-
primitive area under this Act.
(e) COLORADO RIVER.—Nothing in this Act shall be
construed to affect the operation of any existing private,
local, State, or federally owned dam, reservoir, or other
water works on the Colorado River or its tributaries.
Nothing in this Act shall alter, amend, construe, super-
sede, or preempt any local, State, or Federal law; any ex-
isting private, local, or State agreement; or any interstate
compact or international treaty pertaining to the waters
of the Colorado River or its tributaries.
SEC. 408. MISCELLANEOUS.
(a) STATE FISH AND WILDLIFE MANAGEMENT.—In
accordance with section 4(d)(7) of the Wilderness Act (16
U.S.C. 1131(d)(7)), nothing in this Act shall be construed
as affecting the jurisdiction or responsibilities of the State
of Utah with respect to fish and wildlife management ac-
tivities, including water development, predator control,
transplanting animals, stocking fish, hunting, fishing and
trapping.
(b) PROHIBITION OF BUFFER ZONES.—The Con-
gress does not intend that the designation of an area by
this Act as part of the conservation area or a wilderness
or semi-primitive area lead to the creation of protective
perimeters or buffer zones around the area. It is the inten-
tion of the Congress that any protective perimeter or buff-
er zone be located wholly within such an area. The fact
that nonconforming activities or uses can be seen or heard
from land within such an area shall not, of itself, preclude
such activities or uses up to the boundary of the area.
Nonconforming activities that occur outside of the bound-
aries of such an area designated by this Act shall not be
taken into account in assessing unnecessary and undue
degradation of such an area.
(c) ROADS AND RIGHTS-OF-WAY AS BOUNDARIES.—
Unless depicted otherwise on a map referred to in this Act,
where roads form the boundaries of an area designated
as part of the conservation area or a wilderness or semi-
primitive area under this Act, the boundary of the area
shall be set back from the center line of the road as fol-
lows:
(1) 300 feet for high standard roads such as
paved highways.
(2) 200 feet for high standard roads classified
as County Class B roads for road and right-of-way
maintenance.
(3) 100 feet for roads equivalent to County
Class D roads for road and right-of-way mainte-
nance.
(d) ACCESS.—
(1) REASONABLE ACCESS ALLOWED.—Subject
to valid existing rights, reasonable access shall be al-
lowed to existing improvements, structures, and fa-
cilities, including those related to water and grazing
resources, which are within the conservation area or
a wilderness or semi-primitive area designated under
this Act, whether located on Federal or non-Federal
lands, in order that they may be operated, main-
tained, repaired, modified, or replaced as necessary.
(2) REASONABLE ACCESS DEFINED.—For the
purposes of this subsection, the term ‘‘reasonable ac-
cess’’ means right of entry and includes access by
motorized transport when necessarily, customarily,
or historically employed on routes in existence as of
the date of the enactment of this Act.
(e) LAND ACQUISITION
BY EXCHANGE
OR PUR-
CHASE.—The Secretary shall offer to acquire from non-
governmental entities lands and interests in lands located
within or adjacent to the conservation area or a wilderness
or semi-primitive area designated under this Act. Lands
may be acquired under this subsection only by exchange
or purchase from willing sellers.
Æ