(1) IN GENERAL.—Except as provided in sub-
section (b), the Secretary shall permit domestic live-
stock grazing in areas of the conservation area where
grazing was established before the enactment of this
Act. Grazing in such areas may not be reduced, in-
creased, or withdrawn, except based solely on sci-
entific analyses of range conditions.
(2) COMPLIANCE
WITH
APPLICABLE
REQUIRE-
MENTS.—Except as provided in subsection (b), any
livestock grazing on public lands within the conserva-
tion area and activities the Secretary determines nec-
essary 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 ‘‘Tay-
lor 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 pro-
grams on the public lands, and the management plan
for the conservation area.
(3) 
CERTAIN
WATER
FACILITIES
NOT
AF-
FECTED.—Nothing in this Act shall affect the mainte-
nance, repair, replacement, or improvement of, or in-
gress to or egress from, water catchment, storage, and
conveyance facilities in existence before the date of the
enactment of this Act that are associated with live-
stock or wildlife purposes, whether located within or
outside of the boundaries of areas designated as part
of the conservation area under this Act.
(b) WILDERNESS.—Subsection (a) shall not apply to
any wilderness designated by this Act.
SEC. 302. 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, to the extent consistent with the other provi-
sions of this Act governing management of those areas.
SEC. 303. LAND EXCHANGES RELATING TO SCHOOL AND IN-
STITUTIONAL TRUST LANDS.
(a) EXCHANGE AUTHORIZED.—
(1) IDENTIFICATION OF LANDS AND INTERESTS
BY STATE.—Not later than 1 year after the date of en-
actment of this Act, the Governor of the State of Utah
may identify, describe, and notify the Secretary of
any school and institutional trust lands the value or
economic potential of which may be diminished by es-
tablishment of the conservation area under this Act,
and that the State would like to exchange for other
Federal lands or interests in land within the State of
Utah.
(2) OFFER BY SECRETARY.—Not later than 1
year after the date of receipt of notification under
subsection (a), and after seeking the advice of the
Governor of the State of Utah on potential lands for
exchange, the Secretary shall transmit to the Gov-
ernor a list of Federal lands or interests in lands
within the State of Utah that the Secretary believes
are approximately equivalent in value to the lands
described in subsection (a) of this section, and shall
offer such lands for exchange to the State for the lands
described in subsection (a).
(b) ENSURING EQUIVALENT VALUE.—
(1) IN GENERAL.—In preparing the list under
subsection (a)(2), the Secretary shall take all steps as
are necessary and reasonable to ensure that the State
of Utah agrees that the lands offered by the Secretary
are approximately equivalent in value to the lands
identified and described by the State under subsection
(a)(1).
(2) ACCOUNTING FOR REVENUE SHARING.—If the
State of Utah shares revenue from the properties to be
acquired by the State under this section, the value of
such properties shall be the value otherwise established
under this section, reduced by a percentage that rep-
resents the Federal revenue sharing obligation. The
amount of such reduction shall not be considered a
property right of the State of Utah.
(c) PUBLIC INTEREST.—The exchange of lands in-
cluded in the list prepared under subsection (a)(2) shall be
construed as satisfying the provisions of section 206(a) of
the Federal Land Policy and Management Act of 1976 re-
quiring that exchanges of lands be in the public interest.
(d) 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 designated by
the Utah Enabling Act, that are located in the con-
servation area.
(2) UTAH ENABLING ACT.—The term ‘‘Utah En-
abling 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. 304. WATER RIGHTS.
(a) FINDINGS.—The Congress finds the following:
(1) The San Rafael Swell region of Utah is a
high desert climate with little annual precipitation
and scarce water resources.
(2) In order to preserve the limited amount of
water available to wildlife, the State of Utah has
granted to the Division of Wildlife Resources an in-
stream flow right in the San Rafael River.
(3) This preserved right will guarantee that wet-
land and riparian habitats within the San Rafael re-
gion will be protected for designations such as wilder-
ness, semi-primitive areas, bighorn sheep, and other
Federal land needs within the San Rafael Swell re-
gion.
(b) 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 Federal reserva-
tion of water or water rights for any purpose arising from
the designation of areas as part of the conservation area
or as a wilderness or semi-primitive area under this Act.
(c) 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 under this Act pursuant to the sub-
stantive and procedural requirements of the State of Utah.
Nothing in this Act shall be construed to authorize the use
of eminent domain by the United States to acquire water
rights for such lands. Within areas designated as part of
the conservation area under this Act, all rights to water
granted under the laws of the State of Utah may be exer-
cised in accordance with the substantive and procedural re-
quirements of the State of Utah.
(d) EXERCISE OF WATER RIGHTS GENERALLY UNDER
UTAH LAWS.—Nothing in this Act shall be construed to
limit the exercise of water rights as provided under the laws
of the State of Utah.
(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. Noth-
ing in this Act shall alter, amend, construe, supersede, or
preempt any local, State, or Federal law; any existing pri-
vate, local, or State agreement; or any interstate compact
or international treaty pertaining to the waters of the Colo-
rado River or its tributaries.
SEC. 305. 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 Congress
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 intention of the
Congress that any protective perimeter or buffer zone be lo-
cated wholly within such an area. The fact that non-
conforming activities or uses can be seen or heard from land
within such an area shall not, of itself, preclude such activi-
ties or uses up to the boundary of the area. Nonconforming
activities that occur outside of the boundaries 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-primi-
tive area under this Act, the boundary of the area shall be
set back from the center line of the road as follows:
(1) A setback that corresponds with the boundary
of the right-of-way for Interstate 70.
(2) 150 feet for high standard roads.
(3) 100 feet for roads classified as County Class
B roads.
(4) 50 feet for roads equivalent to County Class
D roads.
(d) ACCESS.—
(1) REASONABLE ACCESS ALLOWED.—Subject to
valid existing rights, reasonable access shall be al-
lowed to existing improvements, structures, and facili-
ties, including those related to water and grazing re-
sources, 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 mo-
torized 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-gov-
ernmental 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.
(f) RIGHTS-OF-WAY.—
(1) RIGHT-OF-WAY
CLAIMS
NOT
AFFECTED.—
Nothing in this Act, including any reference to or de-
piction on the map entitled ‘‘San Rafael Swell Na-
tional Heritage/Conservation Area Proposed’’, dated
June 12, 1998, affects any right-of-way claim that
arose under section 2477 of the Revised Statutes (43
U.S.C. 932).
(2) DEPICTIONS NOT DETERMINATIVE.—Any de-
piction or lack of depiction of a highway, road, right-
of-way, or trail on the map entitled ‘‘San Rafael
Swell National Heritage/Conservation Area Pro-
posed’’, dated June 12, 1998, shall not be considered
in any determination under section 2477 of the Re-
vised Statutes (43 U.S.C. 932) of whether or not such
highway, road, right-of-way, or trail exists.