Union Calendar No. 387
105TH CONGRESS
2D SESSION
H. R. 3625
[Report No. 105–685]
A BILL
To establish the San Rafael Swell National Herit-
age Area and the San Rafael Swell National
Conservation Area in the State of Utah, and for
other purposes.
AUGUST 7, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 387
105TH CONGRESS
2D SESSION
H. R. 3625
[Report No. 105–685]
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
AUGUST 7, 1998
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 April 1, 1998]
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; findings; purposes.
Sec. 102. Designation.
Sec. 103. Definitions.
Sec. 104. Grants, technical assistance, and other duties and authorities of Federal
agencies.
Sec. 105. Compact and heritage plan.
Sec. 106. Heritage Council.
Sec. 107. Lack of effect on land use regulation.
Sec. 108. Authorization of appropriations.
TITLE II—SAN RAFAEL SWELL NATIONAL CONSERVATION AREA
Subtitle A—Establishment of Conservation Area
Sec. 201. Definition of plan.
Sec. 202. Establishment of national conservation area.
Sec. 203. Management.
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.
Sec. 223. Livestock.
Sec. 224. Wilderness release.
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 area of critical environmental concern.
TITLE III—GENERAL MANAGEMENT PROVISIONS
Sec. 301. Livestock grazing.
Sec. 302. Cultural and paleontological resources.
Sec. 303. Land exchanges relating to school and institutional trust lands.
Sec. 304. Water rights.
Sec. 305. 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 ‘‘conserva-
tion area’’ means the San Rafael Swell National Con-
servation 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 ‘‘na-
tional heritage area’’ means the San Rafael Swell Na-
tional 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; FINDINGS; PURPOSES.
(a) SHORT TITLE.—This title may be cited as the
‘‘San Rafael Swell National Heritage Area Act’’.
(b) FINDINGS.—Congress finds the following:
(1) The history of the American West is one of
the most significant chapters of United States history,
and the major themes and images of the history of the
American West provide a legacy that has done much
to shape the contemporary culture, attitudes, and val-
ues 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, in-
cluding themes of pre-Columbian and Native Amer-
ican culture, exploration, pioneering, settlement,
ranching, outlaws, prospecting and mining, water de-
velopment and irrigation, railroad building, indus-
trial development, and the utilization and conserva-
tion of natural resources.
(3) The San Rafael Swell region contains impor-
tant historical sites, including sections of the Old
Spanish Trail, the Outlaw Trail, the Green River
Crossing, and numerous sites associated with cowboy,
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 Walk-
er, John Wesley Powell, Kit Carson, John C. Fre-
mont, 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 recog-
nized 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 unde-
veloped recreational opportunities for people through-
out 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 interpret
the themes of the national heritage area established by
this title and to coordinate the interpretive and pres-
ervation activities of the area.
(9) Despite the efforts of the State of Utah, polit-
ical subdivisions of the State, volunteer organizations,
and private businesses, the cultural, historical, natu-
ral, and recreational resources of the San Rafael
Swell region have not realized their full potential and
may be lost without assistance from the Federal Gov-
ernment.
(10) Many of the historical, cultural, and sci-
entific sites of the San Rafael Swell region are located
on lands owned by the Federal Government and are
managed by the Bureau of Land Management 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 requires co-
operation 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 ef-
fective opportunities for the enhancement and man-
agement of the cultural, historical, natural, and rec-
reational resources of the San Rafael Swell region.
(c) PURPOSES.—The purposes of this title are—
(1) to establish the San Rafael Swell National
Heritage Area to promote the preservation, conserva-
tion, interpretation, and development of the histori-
cal, cultural, natural, and recreational resources re-
lated to the historical, cultural, and industrial herit-
age 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 heritage
plan for the national heritage area and in developing
policies and programs that will preserve, enhance,
and interpret the cultural, historical, natural, rec-
reational, 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
heritage plan for the national heritage area.
SEC. 102. DESIGNATION.
There is hereby designated the San Rafael Swell Na-
tional Heritage Area.
SEC. 103. DEFINITIONS.
For purposes of this title:
(1) COMPACT.—The term ‘‘compact’’ means an
agreement described in section 105(a).
(2) FINANCIAL ASSISTANCE.—The term ‘‘finan-
cial assistance’’ means funds appropriated by the
Congress and made available to the Heritage Council
for the purposes of preparing and implementing a
heritage plan.
(3) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the San Rafael Swell National Heritage
Area established by this title.
(4) HERITAGE PLAN.—The term ‘‘heritage plan’’
means a plan described in section 105(b).
(5) HERITAGE
COUNCIL.—The term ‘‘Heritage
Council’’ means the entity designated in the compact
for a National Heritage Area and described in section
106(a).
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(7) TECHNICAL
ASSISTANCE.—The term ‘‘tech-
nical assistance’’ includes—
(A) assistance by the Secretary in the prep-
aration of any heritage plan, compact, or re-
source inventory; and
(B) professional guidance provided by the
Secretary.
(8) UNIT OF GOVERNMENT.—The term ‘‘unit of
government’’ means the government of a State, a po-
litical subdivision of a State, or an Indian tribe.
SEC. 104. GRANTS, TECHNICAL ASSISTANCE, AND OTHER
DUTIES 
AND 
AUTHORITIES 
OF 
FEDERAL
AGENCIES.
(a) GRANTS.—
(1) IN
GENERAL.—The Secretary may make
grants for the purposes of this title to any unit of gov-
ernment or to the Heritage Council.
(2) PERMITTED
AND
PROHIBITED
USES
OF
GRANTS.—
(A) PERMITTED USES.—Grants made under
this section may be used for reports, studies, in-
terpretive exhibits, historic preservation projects,
construction of cultural, recreational, and inter-
pretive facilities that are open to the public, and
such other expenditures as are consistent with
this title.
(B) 
PROHIBITED
USES.—Grants 
made
under this section may not be used for acquisi-
tion of real property or any interest in real
property.
(3) APPLICABILITY OF RESTRICTIONS TO SUB-
GRANTS.—For purposes of paragraph (2), any
subgrant made from funds received as a grant (or
subgrant) made under this section shall be treated as
a grant made under this section.
(4) PROTECTION
OF
FEDERAL
INVESTMENT.—
Any grant made under this section shall be subject to
an agreement that conversion, use, or disposal of the
project so assisted for purposes contrary to the pur-
poses of this title, as determined by the Secretary,
shall result in a right of the United States to com-
pensation equal to the greater of—
(A) all Federal funds made available to
such project under this title; or
(B) the proportion of the increased value of
the project attributable to such funds, as deter-
mined at the time of such conversion, use, or dis-
posal.
(b) TECHNICAL ASSISTANCE.—The Secretary may pro-
vide technical assistance with respect to this title.
(c) DURATION
OF ELIGIBILITY
FOR GRANTS
AND
TECHNICAL ASSISTANCE.—The Secretary may not provide
any grant, and may provide only limited technical assist-
ance, under this title after the expiration of the 10-year pe-
riod beginning on the date of the designation of the Na-
tional Heritage Area.
(d) DISQUALIFICATION FOR FEDERAL FUNDING.—If a
heritage plan meeting the requirements of section 105(b) is
not forwarded to the Secretary as required under section
106(b)(1) within the time specified in section 106(b)(1), the
Secretary may not, after such time, provide technical assist-
ance or grants under this title until such a heritage plan
for the National Heritage Area is developed and forwarded
to the Secretary.
(e) OTHER
DUTIES
AND AUTHORITIES
OF SEC-
RETARY.—
(1) SIGNING OF COMPACT.—The Secretary shall
sign or withhold signature on any proposed compact
submitted under this title not later than 90 days after
receiving the proposed compact. If the Secretary with-
holds signature on the proposed compact, the Sec-
retary shall advise the submitter, in writing, of the
reasons. The Secretary shall sign or withhold signa-
ture on each proposed revision to the proposed com-
pact not later than 90 days after receiving the pro-
posed revision. A submitter shall hold a public meet-
ing in the immediate vicinity of the proposed Na-
tional Heritage Area before making any major revi-
sions in any proposed compact submitted under this
title.
(2) 
MONITORING
OF
NATIONAL
HERITAGE
AREA.—The Secretary shall monitor the National
Heritage Area. Monitoring of the National Heritage
Area shall include monitoring to ensure compliance
with the terms of the compact for the area.
(f) DUTIES OF FEDERAL ENTITIES.—Any Federal en-
tity conducting or supporting activities within the National
Heritage Area, and any unit of government acting pursu-
ant to a grant of Federal funds or a Federal permit or
agreement and conducting or supporting such activities,
shall, to the maximum extent practicable—
(1) consult with the Secretary and the Heritage
Council for the National Heritage Area with respect
to such activities; and
(2) cooperate with the Secretary and the Herit-
age Council in the carrying out of the duties of the
Secretary and the Heritage Council under this title,
and coordinate such activities to minimize any real
or potential adverse impact on the National Heritage
Area.
(g) PROHIBITION OF CERTAIN REQUIREMENTS.—The
Secretary may not, as a condition of the award of technical
assistance or financial assistance under this section, require
any recipient of such assistance to enact or modify land
use restrictions.
SEC. 105. COMPACT AND HERITAGE PLAN.
(a) COMPACT.—
(1) IN GENERAL.—The compact submitted under
this title with respect to the National Heritage Area
shall consist of an agreement entered into by the Sec-
retary, the Secretary of Agriculture, and the Governor
of Utah or a designee of the Governor, in coordination
with the Heritage Council. Such agreement shall de-
fine the area, describe anticipated programs for the
area, and include information relating to the objec-
tives and management of the area. Such information
shall include, but need not be limited to, each of the
following:
(A) BOUNDARIES.—A delineation of the
boundaries of the National Heritage Area. Such
boundaries shall include the land generally de-
picted on the map entitled San Rafael Swell Na-
tional Heritage-Conservation Area Proposed,
dated June 12, 1998, which shall be on file and
available for public inspection in the office of the
Director of the Bureau of Land Management.
(B) MANAGEMENT ENTITY.—An identifica-
tion and description of the Heritage Council.
(C) NON-FEDERAL PARTICIPANTS.—A list of
the initial participants to be involved in develop-
ing and implementing the heritage plan and a
statement of the financial commitment of those
participants.
(D) GOALS, OBJECTIVES, AND CONCEPTUAL
FRAMEWORK.—A discussion of the goals, objec-
tives, and cost of the National Heritage Area, in-
cluding an explanation of—
(i) the conceptual framework, proposed
by the partners referred to in subparagraph
(C), for development and implementation of
the heritage plan for the National 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 VIABILITY.—
The compact submitted under this title shall be con-
sistent with continued economic viability in the com-
munities 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
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 title shall be a plan which
sets forth the strategy to implement the goals and ob-
jectives of the National Heritage Area. The heritage
plan shall—
(A) present comprehensive recommendations
for the conservation, funding, management, and
development of the area;
(B) be prepared with public participation;
(C) take into consideration existing Federal,
State, county, and local plans and involve resi-
dents, private property owners, public agencies,
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.
(2) ADDITIONAL
INFORMATION.—The heritage
plan forwarded to the Secretary under this title also
shall include the following, as appropriate:
(A) INVENTORY OF RESOURCES.—An inven-
tory of important natural, cultural, or historic
resources which illustrate the themes of the Na-
tional 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 pro-
gram for implementation of the heritage plan by
the Heritage Council and specific commitments,
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 title.
(E) INTERPRETIVE PLAN.—An interpretive
plan for the National Heritage Area.
(3) RELATIONSHIP TO CONSERVATION AREA MAN-
AGEMENT PLAN.—The heritage plan and the conserva-
tion area management plan shall not be inconsistent.
However, nothing in the heritage plan may supersede
the management plan for the conservation area under
section 203, with respect to the application of the
management plan to the conservation area.
SEC. 106. HERITAGE COUNCIL.
(a) IN GENERAL.—The management entity for the Na-
tional Heritage Area shall be known as the ‘‘Heritage Coun-
cil’’. The Heritage Council shall be an entity that reflects
a broad cross-section of interests within the National Herit-
age 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:
(1) HERITAGE PLAN.—Not later than 3 years
after the date of the designation of the National Her-
itage 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 assist-
ing 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 educational
opportunities in the area;
(E) increasing public awareness of and ap-
preciation for the natural, historical, and cul-
tural resources of the area;
(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 pub-
lic.
SEC. 107. LACK OF EFFECT ON LAND USE REGULATION.
(a) LACK OF EFFECT ON AUTHORITY OF GOVERN-
MENTS.—Nothing in this title shall be construed to modify,
enlarge, or diminish any authority of Federal, 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 title shall be construed to grant pow-
ers of zoning or land use to the management entity for the
National Heritage Area.
(c) BLM AUTHORITY.—
(1) IN GENERAL.—Nothing in this title shall be
construed to modify, enlarge, or diminish the author-
ity of the Secretary or the Bureau of Land Manage-
ment with respect to lands under the administrative
jurisdiction of the Bureau.
(2) COOPERATION.—In carrying out this title,
the Secretary shall work cooperatively under the Fed-
eral Land Policy and Management Act of 1976 with
the Forest Service, the Heritage Council under section
106, State and local governments, and private enti-
ties.
SEC. 108. 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 104,
and the administration of such grants and assistance, not
more than $1,000,000 annually, to remain available until
expended.
(b) ANNUAL ALLOCATION FOR GRANTS.—In any fiscal
year, not less than 70 percent of the funds obligated under
this title shall be used for grants made under section 104(a).
(c) LIMITATION ON PERCENT OF COST.—
(1) IN
GENERAL.—Federal funding provided
under this title, after the designation of the National
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 fund-
ing provided under this title with respect to an area
before the designation of the area as the National
Heritage Area may not exceed an amount propor-
tionate to the level of local support of and commit-
ment 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 pur-
poses 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.—Notwithstand-
ing any other provision of law, no funds appropriated or
otherwise made available to the Secretary to carry out this
title—
(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 title; or
(2) may be obligated or expended by any person
in excess of the amount prescribed by 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 comprehensive
management plan developed for the national conservation
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 main-
tain heritage, tourism, recreational, historical, scenic, ar-
chaeological, paleontological, biological, cultural, scientific,
educational, and economic resources, there is hereby estab-
lished 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 June 12, 1998, including areas depicted
within those boundaries on that map as ‘‘Proposed Wilder-
ness’’, ‘‘Proposed Bighorn Sheep Management Area’’, ‘‘Sce-
nic 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 conserva-
tion area shall be filed by the Secretary with the Committee
on Resources of the House of Representatives and the Com-
mittee 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 referred
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 within the conservation area are with-
drawn from location under the general mining laws, the
operation of the mineral and geothermal leasing laws, and
the mineral material disposal laws, except that mineral ma-
terials subject to disposal may be made available from exist-
ing sites to the extent compatible with the purposes for
which the conservation area is established.
(e) CLOSURE TO FORESTRY.—The Secretary shall pro-
hibit all commercial sale of trees, portions of trees, and for-
est products located in the conservation area.
SEC. 203. MANAGEMENT.
(a) IN GENERAL.—The Secretary shall, in consultation
with the Advisory Council and subject to valid existing
rights, manage the conservation area to conserve, protect,
and enhance the resources of the conservation area referred
to in section 202(a), the Federal Land Policy and Manage-
ment 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 Secretary finds
will further the conservation, protection, enhancement, pub-
lic use, and enjoyment of the resource values referred to in
section 202(a). Except when needed for administrative and
emergency purposes, the uses of motorized 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 coopera-
tion with the Advisory Council, shall develop a comprehen-
sive plan for the long-range management and protection of
the conservation area. The plan shall be developed with full
opportunity for public participation and comment, and
shall contain provisions designed to assure access to and
protection of the heritage, tourism, recreational, historical,
scenic, archaeological, paleontological, 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 inter-
pret the history and the geological, ecological, natural,
cultural, and other resources of the conservation area.
(2) VISITORS USE OF AREA.—In addition to the
Visitors 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 con-
siders consistent with the purposes for which the con-
servation 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 coopera-
tive 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.
SEC. 204. 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 conserva-
tion area and shall be subject to this title.
(b) LAND EXCHANGES TO RESOLVE CONFLICTS.—The
Secretary shall, within 4 years after the date of enactment
of this Act, study, identify, and initiate voluntary land ex-
changes which would resolve ownership-related land use
conflicts within the conservation area. Lands may be ac-
quired under this subsection only from willing sellers.
SEC. 205. ADVISORY COUNCIL.
(a) ESTABLISHMENT.—There is established the San
Rafael Swell National Conservation Area Advisory Council.
The Advisory Council shall advise the Secretary regarding
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) 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 rep-
resentative of each of the Emery County Public
Lands Council and the San Rafael Regional
Heritage 
Council 
recognized 
under 
section
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) 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 Ad-
visory 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 Ad-
visory Council, the Secretary shall, for a portion of
the members, specify terms that are shorter than the
period established under subparagraph (A), as nec-
essary to achieve staggering of terms.
(c) CHAIRPERSON.—The Advisory Council shall have
a Chairperson, who shall be selected by the Advisory Coun-
cil 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 Sec-
retary 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 conserva-
tion area and such other matters as may be referred to it
by the Secretary.
(g) TERMINATION.—The Advisory Council shall termi-
nate 10 years after the date of the enactment of this Act,
unless otherwise extended by law.