I
106TH CONGRESS
2D SESSION
H. R. 3605
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
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
Legacy District and National Conservation Act’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) CONSERVATION
AREA.—The term ‘‘Con-
servation Area’’ means the San Rafael National
Conservation 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 economic viability of rural communities in the region,
there is hereby established the San Rafael Western Legacy
Districts.
(b) AREAS INCLUDED.—The Western Legacy Dis-
trict 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 National Conservation Area’’ and dated lllll.
(c) MAP
AND LEGAL DESCRIPTION.—As soon as
practicable after the date of the enactment of this Act,
the Secretary shall submit to the Congress a map and
legal description of the Western Legacy District. The map
and legal description 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 the Land Man-
agement in Utah.
(d) LEGACY COUNCIL.—
(1) IN GENERAL.—The Secretary shall establish
a Legacy Council to advise the Secretary with re-
spect to the Western Legacy District. The Legacy
Council may furnish advice and recommendations to
the Secretary 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 mem-
bers shall be persons recognized as experts in con-
servation of the historical, cultural, natural, rec-
reational, archeological, environmental, biological,
educational, and scenic resources or other disciplines
directly related to the purposes for which the West-
ern Legacy District is established.
(3) RELATIONSHIP TO OTHER LAW.—The es-
tablishment and operation of the Legacy Council es-
tablished under this section shall conform to the re-
quirement 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 accom-
plish 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
assistance 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 provided under this subsection only to a unit of
government 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 Bu-
reau of Land Management, shall administer the public
lands within the Western Legacy District pursuant to this
Act and the applicable provisions of the Federal Land Pol-
icy 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 further 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 responsibil-
ities 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
construed as affecting private property rights within the
Western Legacy District.
(d) PUBLIC LANDS.—Nothing in this Act shall be
construed as in any way diminishing the Secretary’s or
the Bureau of Land Management’s authorities, rights, or
responsibilities for managing the public lands within the
Western Legacy District.
TITLE 
II—SAN 
RAFAEL 
NA-
TIONAL CONSERVATION AREA
SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL
CONSERVATION AREA.
(a) PURPOSES.—In order to conserve, protect, and
enhance for the benefit and enjoyment of present and fu-
ture generations the unique and nationally important val-
ues of the Western Legacy District and the public lands
in the appropriate office of the Bureau of Land Manage-
ment 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 Con-
servation Area in a manner that conserves, protects, and
enhances its resources and values, including those re-
sources and values specified in section 201(a), and pursu-
ant to the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), and other applicable provi-
sions of law, including this Act.
(b) USES.—The Secretary shall allow only such uses
of the Conservation Area as the Secretary finds will fur-
ther the purposes for which the Conservation Area is es-
tablished. Except where needed for administrative pur-
poses or to respond to an emergency, use of motorized ve-
hicles in the Conservation Area shall be permitted only
on roads and trails designated for use of motorized vehi-
cles as part of the management plan prepared pursuant
to subsection (e).
(c) 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 ac-
quired 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 oper-
ation of the mineral leasing and geothermal leasing
laws and all amendments thereto.
(2) COMMUNICATION
FACILITIES.—The Sec-
retary may authorize the installation of communica-
tions facilities within the Conservation Area, but
only to the extent that they are necessary for public
safety purposes. 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 (e).
(d) HUNTING, TRAPPING, AND FISHING.—The Sec-
retary shall permit hunting, trapping, and fishing within
the Conservation Area in accordance with applicable laws
and regulations of the United States and the State of
Utah, except that the Secretary, after consultation with
the Utah Division of Wildlife Resources, may issue regula-
tions designating zones where and establishing periods
when no hunting, trapping, or fishing shall be permitted
for reasons of public safety, administration, or public use
and enjoyment.
(e) 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 may incorporate appropriate decisions contained
in any current management or activity plan for the area
and may use information developed in previous studies of
the lands within or adjacent to the Conservation Area.
(f) STATE TRUST LANDS.—The State of Utah and
the Secretary may agree to exchange Federal lands, Fed-
eral mineral interests, or payment of money for lands and
mineral interests of approximately equal value that are
managed by the Utah School and Institutional Trust
Lands Administration and inheld within the boundaries of
the Conservation Area.
(g) ACCESS.—The Bureau of Land Management, the
State of Utah, and Emery County may agree to resolve
section 2477 of the Revised Statutes and other access
issues within the Conservation Area.
(h) 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 wild-
life within the Conservation Area.
(i) GRAZING.—Where the Secretary of the Interior
currently permits grazing, such grazing shall be allowed
subject to all applicable laws, regulations, and executive
orders.
(j) 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 con-
sistent with other applicable laws.
(k) WATER RIGHTS.—Establishment of the Con-
servation Area shall not be construed to give rise to either
an implied or express reservation of any water or water
rights pertaining to either surface or ground water. Noth-
ing in this title shall affect any valid existing surface water
or ground water right in effect on the date of the enact-
ment of this Act or any water right hereafter approved
pursuant to the laws of the State of Utah or any other
State.
(l) WILDERNESS ACTS.—Nothing in this Act alters
the provisions of the Wilderness Act of 1964 (16 U.S.C.
1131) or the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) as they pertain to wilder-
ness resources within the Conservation Area. Recognizing
that the designation of wilderness areas requires an Act
of Congress, the Bureau of Land Management, the State
of Utah, Emery County, and affected stakeholders may
work toward resolving various wilderness issues within the
Conservation Area.
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