IB
Union Calendar No. 357
106TH CONGRESS
2D SESSION
H. R. 3605
[Report No. 106–647]
To establish the San Rafael Western Legacy District in the State of Utah,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 9, 2000
Mr. CANNON (for himself and Mr. HANSEN) introduced the following bill;
which was referred to the Committee on Resources
JUNE 6, 2000
Additional sponsors: Mr. MALONEY of Connecticut, Mr. WELDON of Pennsyl-
vania, Mr. PALLONE, Mr. GALLEGLY, Mr. GEJDENSON, Mr. DELAHUNT,
Mr. TIERNEY, Mr. PACKARD, Mr. WEINER, Mr. PETERSON of Minnesota,
Mr. DOYLE, Ms. HOOLEY of Oregon, Mr. FARR of California, Mr. COOK,
Mr. FRANKS of New Jersey, Mr. CAMPBELL, Mr. GOODLING, Mr.
HEFLEY, Mr. SMITH of Washington, Mr. CALVERT, Mr. KING, Mr.
KUCINICH, Ms. PRYCE of Ohio, Mr. RAMSTAD, Mr. UDALL of Colorado,
Mr. METCALF, and Ms. WOOLSEY
JUNE 6, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 9, 2000]
A BILL
To establish the San Rafael Western Legacy District 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 Western Leg-
acy District and National Conservation Act’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) CONSERVATION AREA.—The term ‘‘Conserva-
tion Area’’ means the San Rafael National Conserva-
tion Area established by section 201.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) WESTERN
LEGACY
DISTRICT.—The term
‘‘Western Legacy District’’ means the San Rafael
Western Legacy District established by section 101.
TITLE I—SAN RAFAEL WESTERN
LEGACY DISTRICT
SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL WESTERN
LEGACY DISTRICT.
(a) IN GENERAL.—In order to promote the preserva-
tion, conservation, interpretation, scientific research, and
development of the historical, cultural, natural, rec-
reational, archeological, paleontological, environmental, bi-
ological, educational, wilderness, and scenic resources of the
San Rafael region of the State of Utah, as well as the eco-
nomic viability of rural communities in the region, there
is hereby established the San Rafael Western Legacy Dis-
trict, to include the San Rafael National Conservation Area
established by section 201.
(b) AREAS INCLUDED.—The Western Legacy District
shall consist of approximately 2,842,800 acres of land in
the County of Emery, Utah, as generally depicted on the
map entitled ‘‘San Rafael Western Legacy District and Na-
tional Conservation Area’’ and dated lllllll.
(c) MAP AND LEGAL DESCRIPTION.—As soon as prac-
ticable after the date of the enactment of this Act, the Sec-
retary shall submit to the Congress a map and legal de-
scription of the Western Legacy District. The map and legal
description shall have the same force and effect as if in-
cluded in this Act, except the Secretary may correct clerical
and typographical errors in such map and legal descrip-
tion. Copies of the map and legal description shall be on
file and available for public inspection in the Office of the
Director of the Bureau of Land Management, and in the
appropriate office of the Bureau of the Land Management
in Utah.
(d) LEGACY COUNCIL.—
(1) IN GENERAL.—The Secretary shall establish
a Legacy Council to advise the Secretary with respect
to the Western Legacy District. The Legacy Council
may furnish advice and recommendations to the Sec-
retary with respect to management, grants, projects,
and technical assistance.
(2) MEMBERSHIP.—The Legacy Council shall
consist of not more than 10 members appointed by the
Secretary. Two members shall be appointed from
among the recommendations submitted by the Gov-
ernor of Utah and 2 members shall be appointed from
among the recommendations submitted by the Emery
County Commissioners. The remaining members shall
be persons recognized as experts in conservation of the
historical, cultural, natural, recreational, archeo-
logical, environmental, biological, educational, and
scenic resources or other disciplines directly related to
the purposes for which the Western Legacy District is
established.
(3) RELATIONSHIP TO OTHER LAW.—The estab-
lishment and operation of the Legacy Council estab-
lished under this section shall conform to the require-
ment of the Federal Advisory Committee Act (5
U.S.C. App.) and the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et seq.).
(e) ASSISTANCE.—
(1) IN
GENERAL.—The Secretary may make
grants and provide technical assistance to accomplish
the purposes of this section to any nonprofit or unit
of government with authority in the boundaries of the
Western Legacy District.
(2) PERMITTED USES.—Grants and technical as-
sistance made under this section may be used for
planning, reports, studies, interpretive exhibits, his-
toric preservation projects, construction of cultural,
recreational, educational, and interpretive facilities
that are open to the public, and such other expendi-
tures as are consistent with this Act.
(3) PLANNING.—Up to $100,000 of amounts
available to carry out this section each fiscal year, up
to a total amount not to exceed $200,000, may be pro-
vided under this subsection only to a unit of govern-
ment or a political subdivision of the State of Utah
for use for planning activities.
(4) MATCHING
FUNDS.—Federal funding pro-
vided under this section may not exceed 50 percent of
the total cost of the activity carried out with such
funding, except that non-Federal matching funds are
not required with respect to—
(A) planning activities carried out with as-
sistance under paragraph (3); and
(B) use of assistance under this section for
facilities located on public lands and that are
owned by the Federal Government.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated under this
section not more than $1,000,000 annually for any
fiscal year, not to exceed a total of $10,000,000.
SEC. 102. MANAGEMENT AND USE OF THE SAN RAFAEL
WESTERN LEGACY DISTRICT.
(a) IN GENERAL.—The Secretary, through the Bureau
of Land Management and subject to all valid existing
rights, shall administer the public lands within the Western
Legacy District pursuant to this Act and the applicable
provisions of the Federal Land Policy and Management Act
(43 U.S.C. 1701 et seq.). The Secretary shall allow such
uses of the public land as the Secretary determines will fur-
ther the purposes for which the Western Legacy District was
established.
(b) FISH AND WILDLIFE.—Nothing in this Act shall
be construed as affecting the jurisdiction or responsibilities
of the State of Utah with respect to fish and wildlife within
the Western Legacy District.
(c) PRIVATE LANDS.—Nothing in this Act shall be con-
strued as affecting private property rights within the West-
ern Legacy District.
(d) PUBLIC LANDS.—Nothing in this Act shall be con-
strued as in any way diminishing the Secretary’s or the
Bureau of Land Management’s authorities, rights, or re-
sponsibilities for managing the public lands within the
Western Legacy District.
TITLE II—SAN RAFAEL
NATIONAL CONSERVATION AREA
SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL
CONSERVATION AREA.
(a) PURPOSES.—In order to conserve, protect, and en-
hance for the benefit and enjoyment of present and future
generations the unique and nationally important values of
the Western Legacy District and the public lands described
in subsection (b), including historical, cultural, natural,
recreational, scientific, archeological, paleontological, envi-
ronmental, biological, wilderness, wildlife, educational, and
scenic resources, there is hereby established the San Rafael
National Conservation Area in the State of Utah.
(b) AREAS INCLUDED.—The Conservation Area shall
consist of approximately 947,000 acres of public lands in
the County of Emery, Utah, as generally depicted on the
map entitled ‘‘San Rafael Western Legacy District and Na-
tional Conservation Area’’ and dated llll. Notwith-
standing any depiction on such map, the boundary of the
Conservation Area shall be set back 300 feet from the edge
of the Interstate 70 right-of-way and 300 feet from the edge
of the State Route 24 right-of-way.
(c) MAP AND LEGAL DESCRIPTION.—As soon as prac-
ticable after the date of the enactment of this Act, the Sec-
retary shall submit to the Congress a map and legal de-
scription of the Conservation Area. The map and legal de-
scription shall have the same force and effect as if included
in this Act, except the Secretary may correct clerical and
typographical errors in such map and legal description.
Copies of the map and legal description shall be on file and
available for public inspection in the Office of the Director
of the Bureau of Land Management and in the appropriate
office of the Bureau of Land Management in Utah.
SEC. 202. MANAGEMENT OF THE SAN RAFAEL NATIONAL
CONSERVATION AREA.
(a) MANAGEMENT.—The Secretary, acting through the
Bureau of Land Management, shall manage the Conserva-
tion Area in a manner that conserves, protects, and en-
hances its resources and values, including those resources
and values specified in section 201(a), and pursuant to the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), and other applicable provisions of law,
including this Act.
(b) USES.—The Secretary shall allow only such uses
of the Conservation Area as the Secretary finds will further
the purposes for which the Conservation Area is established.
(c) VEHICULAR USES.—
(1) IN GENERAL.—Except where needed for ad-
ministrative purposes or to respond to an emergency,
and subject to paragraph (2), use of motorized vehi-
cles in the Conservation Area shall be—
(A) prohibited at all times in areas where
roads and trails did not exist as of February 2,
2000;
(B) limited to roads and trails that—
(i) existed as of February 2, 2000; and
(ii) are designated for motorized vehi-
cle use as part of the management plan pre-
pared pursuant to subsection (f); and
(C) managed consistent with section 8340 of
title 43, Code of Federal Regulations (relating to
designating public lands as open, limited, or
closed to the use of off-road vehicles and estab-
lishing controls governing the use and operation
of off-road vehicles in such areas).
(2) LIMITATION ON APPLICATION.—(A) Subpara-
graphs (A) and (B) of paragraph (1) do not limit the
provision of reasonable access to private lands or
State lands within the Conservation Area.
(B) Any access to private lands or State lands
pursuant to subparagraph (A) of this paragraph shall
be restricted to exclusive use by, respectively, the
owner of the private lands or the State.
(d) WITHDRAWALS.—
(1) IN
GENERAL.—Subject to valid existing
rights and except as provided in paragraph (2), all
Federal lands within the Conservation Area and all
lands and interests therein that are hereafter acquired
by the United States are hereby withdrawn from all
forms of entry, appropriation, or disposal under the
public land laws and from location, entry, and patent
under the mining laws, and from operation of the
mineral leasing and geothermal leasing laws and all
amendments thereto. Nothing in this paragraph shall
be construed to effect discretionary authority of the
Secretary under other Federal laws to grant, issue, or
renew rights-of-way or other land use authorizations
consistent with the other provisions of this Act.
(2) COMMUNICATION FACILITIES.—The Secretary
may authorize the installation of communications fa-
cilities within the Conservation Area, but only to the
extent that they are necessary for public safety pur-
poses. Such facilities must have a minimal impact on
the resources of the Conservation Area and must be
consistent with the management plan established
under subsection (f).
(e) HUNTING, TRAPPING, AND FISHING.—Hunting,
trapping, and fishing shall be permitted within the Con-
servation Area in accordance with applicable laws and reg-
ulations of the United States and the State of Utah, except
that the Utah Division of Wildlife Resources, or the Sec-
retary after consultation with the Utah Division of Wildlife
Resources, may issue regulations designating zones where
and establishing periods when no hunting, trapping, or
fishing shall be permitted for reasons of public safety, ad-
ministration, or public use and enjoyment.
(f) MANAGEMENT PLAN.—Within 4 years after the
date of enactment of this Act, the Secretary shall develop
a comprehensive plan for the long-range protection and
management of the Conservation Area. The plan shall de-
scribe the appropriate uses and management of the Con-
servation Area consistent with the provisions of this Act.
The plan shall include, as an integral part, a comprehen-
sive transportation plan for the lands within the Conserva-
tion Area. In preparing the transportation plan the Sec-
retary shall conduct a complete review of all roads and
trails within the Conservation Area. The plan may incor-
porate appropriate decisions contained in any current
management or activity plan for the area and may use in-
formation developed in previous studies of the lands within
or adjacent to the Conservation Area.
(g) STATE TRUST LANDS.—The State of Utah and the
Secretary may agree to exchange Federal lands, Federal
mineral interests, or payment of money for lands and min-
eral interests of approximately equal value that are man-
aged by the Utah School and Institutional Trust Lands Ad-
ministration and inheld within the boundaries of the Con-
servation Area.
(h) ACCESS.—The Bureau of Land Management, the
State of Utah, and Emery County may agree to resolve sec-
tion 2477 of the Revised Statutes and other access issues
within the Conservation Area.
(i) WILDLIFE MANAGEMENT.—Nothing in this Act
shall be deemed to diminish the responsibility and author-
ity of the State of Utah for management of fish and wildlife
within the Conservation Area.
(j) GRAZING.—Where the Secretary of the Interior cur-
rently permits grazing, such grazing shall be allowed subject
to all applicable laws, regulations, and executive orders.
(k) NO BUFFER ZONES.—The Congress does not in-
tend for the establishment of the Conservation Area to lead
to the creation of protective perimeters or buffer zones
around the Conservation Area. The fact that there may be
activities or uses on lands outside the Conservation Area
that would not be permitted in the Conservation Area shall
not preclude such activities or uses on such lands up to the
boundary of the Conservation Area consistent with other
applicable laws.
(l) WATER RIGHTS.—Because the available water re-
sources in the drainage basins included in part within the
exterior boundaries of the Conservation Area have already
been appropriated—
(1) nothing in this Act, the management plan re-
quired by subsection (f), or any action taken pursu-
ant thereto, shall constitute either an express or im-
plied reservation of surface or ground water;
(2) nothing in this Act affects any valid existing
water rights in existence before the date of enactment
of this Act, including any water rights held by the
United States; and
(3) if the United States determines that addi-
tional water resources are needed for the purposes of
this Act, the United States shall work, with or
through any agency that is eligible to hold instream
flow water rights, to acquire such rights in accord-
ance with Utah State water law.