192
veloping and implementing the heritage plan
and a statement of the financial commitment of
those participants.
(D) GOALS, OBJECTIVES, AND
CONCEP-
TUAL FRAMEWORK.—A discussion of the goals,
objectives, and cost of the National Heritage
Area, including an explanation of—
(i) the conceptual framework, pro-
posed by the partners referred to in sub-
paragraph (C), for development and imple-
mentation of the heritage plan for the Na-
tional Heritage Area; and
(ii) the costs associated with the con-
ceptual framework.
(E) ROLE OF STATE.—A description of the
role of the State of Utah.
(2) CONSISTENCY
WITH
ECONOMIC
VIABIL-
ITY.—The compact submitted under this subtitle
shall be consistent with continued economic viability
in the communities within the National Heritage
Area.
(3) INITIATION OF ACTIONS.—Actions called for
in the compact shall be initiated within a reasonable
time after designation of the National Heritage Area
193
and shall ensure effective implementation of the
State and local aspects of the compact.
(b) HERITAGE PLAN.—
(1) IN GENERAL.—The heritage plan forwarded
to the Secretary under this subtitle shall be a plan
which sets forth the strategy to implement the goals
and objectives of the National Heritage Area. The
heritage plan shall—
(A) present comprehensive recommenda-
tions for the conservation, funding, manage-
ment, and development of the area;
(B) be prepared with public participation;
(C) take into consideration existing Fed-
eral, State, county, and local plans and involve
residents, private property owners, public agen-
cies, and private organizations in the area;
(D) include a description of actions that
units of government and private organizations
could take to protect the resources of the area;
and
(E) specify existing and potential sources
of funding for the conservation, management,
and development of the area.
194
(2) ADDITIONAL INFORMATION.—The heritage
plan forwarded to the Secretary under this subtitle
also shall include the following, as appropriate:
(A) INVENTORY OF RESOURCES.—An in-
ventory of important natural, cultural, or his-
toric resources which illustrate the themes of
the National Heritage Area.
(B) RECOMMENDATIONS
FOR
MANAGE-
MENT.—A recommendation of policies for man-
agement of the historical, cultural, and natural
resources and the recreational and educational
opportunities of the area in a manner consistent
with the support of appropriate and compatible
economic viability.
(C) PROGRAM
AND
COMMITMENTS.—A
program for implementation of the heritage
plan by the Heritage Council and specific com-
mitments, for the first 5 years of operation of
the heritage plan, by the partners identified in
the compact.
(D) ANALYSIS
OF
COORDINATION.—An
analysis of means by which Federal, State, and
local programs may best be coordinated to pro-
mote the purposes of this subtitle.
195
(E) INTERPRETIVE PLAN.—An interpretive
plan for the National Heritage Area.
(3) RELATIONSHIP
TO
CONSERVATION
AREA
MANAGEMENT
PLAN.—The heritage plan and the
conservation area management plan shall not be in-
consistent. However, nothing in the heritage plan
may supersede the management plan for the con-
servation area under section 533, with respect to the
application of the management plan to the conserva-
tion area.
SEC. 516. HERITAGE COUNCIL.
(a) IN GENERAL.—The management entity for the
National Heritage Area shall be known as the ‘‘Heritage
Council’’. The Heritage Council shall be an entity that re-
flects a broad cross-section of interests within the National
Heritage Area and shall include—
(1) at least 1 representative of one or more
units of government in the State of Utah;
(2) representatives of interested or affected
groups; and
(3) private property owners who reside within
the National Heritage Area.
(b) DUTIES.—The Heritage Council shall fulfill each
of the following requirements:
196
(1) HERITAGE PLAN.—Not later than 3 years
after the date of the designation of the National
Heritage Area, the Heritage Council shall develop
and forward to the Secretary and to the Governor of
Utah a heritage plan in accordance with the compact
under subsection (a).
(2) PRIORITIES.—The Heritage Council shall
give priority to the implementation of actions, goals,
and policies set forth in the compact and heritage
plan for the National Heritage Area, including as-
sisting units of government and others in—
(A) carrying out programs which recognize
important resource values within the National
Heritage Area;
(B) encouraging economic viability in the
affected communities;
(C) establishing and maintaining interpre-
tive exhibits in the area;
(D) developing recreational and edu-
cational opportunities in the area;
(E) increasing public awareness of and ap-
preciation for the natural, historical, and cul-
tural resources of the area;
197
(F) restoring historic buildings that are lo-
cated within the boundaries of the area and re-
late to the theme of the area; and
(G) ensuring that clear, consistent, and ap-
propriate signs identifying public access points
and sites of interest are put in place throughout
the area.
(3) CONSIDERATION OF INTERESTS OF LOCAL
GROUPS.—The Heritage Council shall, in developing
and implementing the heritage plan for the National
Heritage Area, consider the interests of diverse units
of government, businesses, private property owners,
and nonprofit groups within the geographic area.
(4) PUBLIC MEETINGS.—The Heritage Council
shall conduct public meetings at least annually re-
garding the implementation of the heritage plan for
the National Heritage Area. The Heritage Council
shall place a notice of each such meeting in a news-
paper of general circulation in the area and shall
make the minutes of the meeting available to the
public.
SEC. 517. LACK OF EFFECT ON LAND USE REGULATION.
(a) LACK OF EFFECT ON AUTHORITY OF GOVERN-
MENTS.—Nothing in this subtitle shall be construed to
modify, enlarge, or diminish any authority of Federal,
198
State, and 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 subtitle shall be construed to grant
powers of zoning or land use to the management entity
for the National Heritage Area.
(c) BLM AUTHORITY.—
(1) IN GENERAL.—Nothing in this subtitle shall
be construed to modify, enlarge, or diminish the au-
thority of the Secretary or the Bureau of Land Man-
agement with respect to lands under the administra-
tive jurisdiction of the Bureau.
(2) COOPERATION.—In carrying out this sub-
title, the Secretary shall work cooperatively under
the Federal Land Policy and Management Act of
1976 with the Forest Service, the Heritage Council
under section 516, State and local governments, and
private entities.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for grants made and technical assistance provided
under subsections (a) and (b), respectively, of section 514,
and the administration of such grants and assistance, not
more than $1,000,000 annually, to remain available until
expended.
199
(b) ANNUAL ALLOCATION FOR GRANTS.—In any fis-
cal year, not less than 70 percent of the funds obligated
under this subtitle shall be used for grants made under
section 514(a).
(c) LIMITATION ON PERCENT OF COST.—
(1) IN
GENERAL.—Federal funding provided
under this subtitle, after the designation of the Na-
tional Heritage Area, for any technical assistance or
grant with respect to the area may not exceed 50
percent of the total cost of the assistance or grant.
Federal funding provided under this subtitle with re-
spect to an area before the designation of the area
as the National Heritage Area may not exceed an
amount proportionate to the level of local support of
and commitment to the designation of the area.
(2) TREATMENT OF DONATIONS.—The value of
property or services donated by non-Federal sources
and used for management of the National Heritage
Area shall be treated as non-Federal funding for
purposes of paragraph (1).
(d) LIMITATION ON TOTAL FUNDING.—Not more
than a total of $10,000,000 may be made available under
this section with respect to the National Heritage Area.
(e) ALLOCATION
OF
APPROPRIATIONS.—Notwith-
standing any other provision of law, no funds appropriated
200
or otherwise made available to the Secretary to carry out
this subtitle—
(1) may be obligated or expended by any person
unless the appropriation of such funds has been allo-
cated in the manner prescribed by this subtitle; or
(2) may be obligated or expended by any person
in excess of the amount prescribed by this subtitle.
Subtitle B—San Rafael Swell
National Conservation Area
SEC. 521. DEFINITION OF PLAN.
In this subtitle, the term ‘‘plan’’ means the com-
prehensive management plan developed for the national
conservation area under section 523, including such revi-
sions thereto as may be required in order to implement
this subtitle.
SEC. 522. 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
201
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 June 12, 1998, including areas depicted
within those boundaries on that map as ‘‘Proposed Wilder-
ness’’, ‘‘Proposed Bighorn Sheep Management Area’’,
‘‘Scenic Visual Area of Critical Environmental Concern’’,
and ‘‘Semi-Primitive Non-Motorized Use Areas’’.
(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 title, except that
the Secretary may correct clerical and typographical er-
rors in such map and legal description. Such map and de-
scription 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-
202
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. 523. MANAGEMENT.
(a) IN GENERAL.—The Secretary shall, in consulta-
tion with the Advisory Council and subject to valid exist-
203
ing rights, manage the conservation area to conserve, pro-
tect, and enhance the resources of the conservation area
referred to in section 522(a), the Federal Land Policy and
Management Act of 1976, and other applicable laws.
(b) USES.—The Secretary shall allow such uses of
the conservation area as are specified in the management
plan developed under subsection (b) and that the Sec-
retary finds will further the conservation, protection, en-
hancement, public use, and enjoyment of the resource val-
ues referred to in section 522(a). Except when needed for
administrative and emergency purposes, the uses of mo-
torized vehicles in the conservation area shall be permitted
only on roads and trails specifically designated for such
use as part of the management plan prepared pursuant
to subsection (c).
(c) MANAGEMENT PLAN.—No later than 3 years
after the date of enactment of this Act, the Secretary, in
cooperation with the Advisory Council, shall develop a
comprehensive plan for the long-range management and
protection of the conservation area. The plan shall be de-
veloped with full opportunity for public participation and
comment, and shall contain provisions designed to assure
access to an protection of the heritage, tourism, rec-
reational, historical, scenic, archaeological, paleontological,
204
biological, cultural, scientific, educational, and economic
resources and values of the conservation area.
(d) VISITORS.—
(1) VISITORS CENTER.—The Secretary may es-
tablish, in cooperation with the Advisory Council and
other public or private entities as the Secretary con-
siders appropriate, a visitors center designed to in-
terpret the history and the geological, ecological,
natural, cultural, and other resources of the con-
servation area.
(2) VISITORS USE OF AREA.—In addition to the
Visitors Center, the Secretary may provide for visi-
tor 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 established. To the extent prac-
ticable, the Secretary shall make available to visitors
and other members of the public a map of the con-
servation area and such other educational and inter-
pretive 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
205
the Secretary deems necessary or desirable to carry out
the purposes and policies of this subtitle.
SEC. 524. ADDITIONS.
(a) ADDITION TO CONSERVATION AREA.—Any lands
located within the boundaries of the conservation area that
are acquired by the United States on or after the date
of enactment of this Act shall become a part of the con-
servation area and shall be subject to this subtitle.
(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. 525. 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
206
management of the public lands located in the con-
servation area. Of the members—
(A) 2 shall be appointed from individuals
recommended by the Governor of the State of
Utah;
(B) 4 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 514(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) 4 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.
207
(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 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.
208
SEC. 526. RELATIONSHIP TO OTHER LAWS AND ADMINIS-
TRATIVE PROVISIONS.
(a) PUBLIC LAND LAWS.—Except as otherwise spe-
cifically provided in this title, nothing in this subtitle shall
be construed as limiting the applicability to lands in the
conservation area of laws applicable to public lands gen-
erally, including but not limited to the National Historic
Preservation Act (16 U.S.C. 470 et seq.), the Archaeologi-
cal Resources Protection 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.).
(b) NON-BLM LAND.—Nothing in this subtitle shall
be construed as by itself altering the status of any lands
that on the date of enactment of this Act were not man-
aged by the Bureau of Land Management.
SEC. 527. COMMUNICATIONS EQUIPMENT.
Nothing in this title shall be construed to prohibit
the Secretary from authorizing the installation of commu-
nications equipment in the conservation area for public
safety purposes, other than within areas designated as wil-
derness, to the highest practicable degree consistent with
requirements and restrictions otherwise applicable to the
conservation area.
209
Subtitle C—Wilderness Areas
Within Conservation Area
SEC. 531. 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 June 12, 1998, are
hereby designated as wilderness and therefore as compo-
nents of the National Wilderness Preservation System:
(1) Crack Canyon Wilderness Area, consisting
of approximately 25,624 acres.
(2) Mexican Mountain Wilderness Area, consist-
ing of approximately 27,257 acres.
(3) Muddy Creek Wilderness Area, consisting of
approximately 39,348 acres.
(4) San Rafael Reef Wilderness Area, consist-
ing of approximately 48,227 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
210
and effect as if included in this title, 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. 532. 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, in
cooperation with the Advisory Council, shall prepare plans
in accordance with section 202 of the Federal Land Policy
297
(5) Wildfire resulting from hazardous fuels
buildup in such wildland/urban interface areas
threatens the destruction of communities, puts
human life and property at risk, threatens commu-
nity water supplies with erosion that follows wildfire,
destroys wildlife habitat, and damages ambient air
quality.
(6) The Secretary of Agriculture and the Sec-
retary of the Interior must assign a high priority
and undertake aggressive management to achieve
the elimination of hazardous fuel buildup and reduc-
tion of the risk of wildfire to the wildland/urban
interface areas on Federal lands. Protection of
human life and property, including water supplies
and ambient air quality, must be given the highest
priority.
(7) The noncommodity resources, including ri-
parian zones and wildlife habitats, in wildland/urban
interface areas on Federal lands which must be pro-
tected to provide recreational opportunities, clean
water, and other amenities to neighboring commu-
nities and the public suffer from a backlog of un-
funded forest management projects designed to pro-
vide such protection.