[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3625 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3625

 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

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``San Rafael Swell National 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.
Sec. 102. Findings, purposes, and definitions.
Sec. 103. San Rafael Swell National Heritage Area.
Sec. 104. Management entity for national heritage area.
Sec. 105. Preparation of management plan.
Sec. 106. Implementation of management plan.
Sec. 107. Duties and authorities of the Secretary.
Sec. 108. Duties and authorities of other Federal agencies.
Sec. 109. Savings provisions.
Sec. 110. Authorization of appropriations.
         TITLE II--SAN RAFAEL SWELL NATIONAL CONSERVATION AREA

             Subtitle A--Establishment of Conservation Area

Sec. 201. Definitions.
Sec. 202. Establishment of national conservation area.
Sec. 203. Management and use.
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.
               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 areas of critical environmental concern.
 TITLE III--ADDITIONAL WILDERNESS AREAS OUTSIDE OF CONSERVATION AREA; 
                  WILDERNESS ADMINISTRATION PROVISIONS

Sec. 301. Designation of wilderness.
Sec. 302. Administration of wilderness areas.
Sec. 303. Livestock.
Sec. 304. Wilderness release.
                TITLE IV--GENERAL MANAGEMENT PROVISIONS

Sec. 401. Livestock grazing.
Sec. 402. Cultural and paleontological resources.
Sec. 403. Native American cultural and religious uses.
Sec. 404. Aircraft.
Sec. 405. Oil shale reserve numbered 2.
Sec. 406. Land exchanges relating to school and institutional trust 
                            lands.
Sec. 407. Water rights.
Sec. 408. Miscellaneous.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``Advisory Council'' means 
        the San Rafael Swell National Conservation Area Advisory 
        Council established under section 205.
            (2) Conservation area.--The term ``conservation area'' 
        means the San Rafael Swell National Conservation 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 ``national heritage 
        area'' means the San Rafael Swell National Heritage Area 
        established by section 103.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director 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.

    This title may be cited as the ``San Rafael Swell National Heritage 
Area Act''.

SEC. 102. FINDINGS, PURPOSES, AND DEFINITIONS.

    (a) 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 values 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 possesses important 
        historical, cultural, and natural resources that are 
        representative of the central themes associated with the 
        history of the American West, including themes of pre-Columbian 
        and Native American culture, exploration, pioneering, 
        settlement, ranching, outlaws, prospecting and mining, water 
        development and irrigation, railroad building, industrial 
        development, and the utilization and conservation of natural 
        resources.
            (3) The San Rafael Swell region contains important 
        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 Walker, John Wesley Powell, Kit 
        Carson, John C. Fremont, 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 cultural 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 recognized 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 undeveloped recreational 
        opportunities for people throughout the United States.
            (8) Museums and visitor centers have already been 
        constructed in the San Rafael Swell region, including the John 
        Wesley Powell River History Museum, the College of Eastern Utah 
        Prehistoric Museum, 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 preservation activities of the area.
            (9) Despite the efforts of the State of Utah, political 
        subdivisions of the State, volunteer organizations, and private 
        businesses, the cultural, historical, natural, and recreational 
        resources of the San Rafael Swell region have not realized 
        their full potential and may be lost without assistance from 
        the Federal Government.
            (10) Many of the historical, cultural, and scientific 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 cooperation 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 effective opportunities 
        for the enhancement and management of the cultural, historical, 
        natural, and recreational resources of the San Rafael Swell 
        region.
    (b) Purposes.--The purposes of this title are--
            (1) to establish the San Rafael Swell National Heritage 
        Area to promote the preservation, conservation, interpretation, 
        and development of the historical, cultural, natural, and 
        recreational resources related to the historical, cultural, and 
        industrial heritage 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 opportunities to enhance the 
        quality of life for present and future generations;
            (3) to assist the State of Utah, political subdivisions of 
        the State and their local and regional entities, and nonprofit 
        organizations, or combinations thereof, in preparing and 
        implementing a management plan for the national heritage area 
        and in developing policies and programs that will preserve, 
        enhance, and interpret the cultural, historical, natural, 
        recreational, 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 management plan for the 
        national heritage area.
    (c) Definitions.--For purposes of this title:
            (1) Management entity.--The term ``management entity'' 
        means the entity recognized by the Secretary pursuant to 
        section 104(a) to manage the national heritage area.
            (2) Management plan.--The term ``management plan'' means 
        the management plan for the national heritage area required 
        under section 105.
            (3) Financial assistance.--The term ``financial 
        assistance'' means funds appropriated by the Congress and made 
        available to the management entity for the purposes of 
        preparing and implementing a management plan.
            (4) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, help, or aid, other 
        than financial assistance, provided by the Secretary.

SEC. 103. SAN RAFAEL SWELL NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State of Utah the 
San Rafael Swell National Heritage Area.
    (b) Boundaries.--The San Rafael Swell National Heritage Area shall 
be comprised of Carbon County and Emery County, Utah, and portions of 
Sanpete County, Utah, as depicted on the map entitled ``San Rafael 
Swell National Heritage/Conservation Area Proposed'', dated __________. 
The map shall be on file and available for public inspection in the 
office of the Director.

SEC. 104. MANAGEMENT ENTITY FOR NATIONAL HERITAGE AREA.

    (a) Recognition of Management Entity.--Upon petition, the Secretary 
may recognize an entity of the State of Utah, political subdivisions of 
the State and their local and regional entities, or a nonprofit 
organization, or a combination thereof, as the management entity for 
the national heritage area. The recognized management entity shall be 
known as the San Rafael Regional Heritage Council.
    (b) Eligibility Requirements.--To be eligible for designation as 
the management entity, an entity must possess the legal ability--
            (1) to receive Federal funds for use in preparing and 
        implementing the management plan for the national heritage 
        area;
            (2) to disburse Federal funds to units of government or 
        organizations for use in preparing and implementing the 
        management plan;
            (3) to account for all Federal funds received by the 
        management entity under section 107; and
            (4) to sign agreements with the Federal Government.
    (c) General Authorities of Management Entity.--For purposes of 
preparing and implementing the management plan for the heritage area 
under sections 105 and 106, the management entity may use Federal funds 
provided to the management entity under section 107--
            (1) to make grants and loans to the State of Utah, 
        political subdivisions of the State, nonprofit organizations, 
        and other persons;
            (2) to enter into cooperative agreements with, or provide 
        technical assistance to, Federal agencies, the State of Utah, 
        political subdivisions of the State, nonprofit organizations, 
        and other persons;
            (3) to hire and compensate staff;
            (4) to obtain money from any source under any program or 
        law requiring the recipient of such money to provide matching 
        funds; and
            (5) to contract for goods and services.
    (d) Prohibition of Acquisition of Real Property.--The management 
entity may not acquire real property or any interest in real property 
using Federal funds provided to the management entity under section 
107.

SEC. 105. PREPARATION OF MANAGEMENT PLAN.

    (a) Preparation Required.--Not later than three years after the 
date of the enactment of this Act, the management entity shall prepare 
and submit to the Secretary a management plan for the national heritage 
area. The management entity shall prepare the management plan with 
public participation, including residents, public agencies, and private 
organizations in the national heritage area.
    (b) Plan Requirements.--The management plan shall present 
comprehensive recommendations for the conservation, funding, 
management, and development of the national heritage area, taking into 
consideration existing Federal, State, county, and local plans. The 
management plan shall include the following:
            (1) A description of actions that units of government and 
        private organizations are recommended to take in order to 
        protect, restore, develop, enhance, or maintain the resources 
        of the national heritage area.
            (2) A description of existing and potential sources of 
        funding for the conservation, management, and development of 
        the national heritage area.
            (3) An inventory of the resources contained in the national 
        heritage area, including a list of sites in the national 
        heritage area that should be conserved, restored, managed, 
        developed, or maintained because of the natural, cultural, or 
        historic significance of the sites as they relate to the themes 
        of the national heritage area.
            (4) A recommendation of policies for resource management 
        that consider and detail the application of appropriate land 
        and water management techniques, including the development of 
        intergovernmental cooperative agreements to manage the 
        historical, cultural, and natural resources and recreational 
        opportunities of the national heritage area in a manner 
        consistent with the support of appropriate and compatible 
        economic viability.
            (5) A program, including plans for restoration and 
        construction, for implementation of the management plan by the 
        management entity, including specific commitments for the first 
        five years of operation of the management plan by the partners 
        identified in the plan.
            (6) An analysis of means by which Federal, State, and local 
        programs may best be coordinated to promote the purposes of 
        this title.
            (7) An interpretive plan for the national heritage area.
    (c) Consideration by Secretary.--
            (1) Approval or disapproval.--Not later than 60 days after 
        receipt of the management plan under subsection (a), the 
        Secretary shall approve or disapprove the management plan. If 
        the Secretary has taken no action within 60 days after receipt, 
        the management plan shall be considered to be approved.
            (2) Effect of disapproval.--If the Secretary disapproves 
        the management plan, the Secretary shall advise the management 
        entity, in writing, of the reasons for the disapproval and 
        shall make recommendations for revision of the management plan.
            (3) Resubmission.--Not later than 60 days after receipt of 
        a revised management plan, the Secretary shall approve or 
        disapprove the proposed revisions to the management plan. If 
        the Secretary has taken no action within 60 days after receipt, 
        the management plan shall be considered approved.

SEC. 106. IMPLEMENTATION OF MANAGEMENT PLAN.

    (a) Priorities.--The management entity shall give priority to the 
implementation of actions, goals, and policies set forth in the 
management plan for the national heritage area, including--
            (1) assisting units of government, regional planning 
        organizations, and nonprofit organizations--
                    (A) in conserving resources contained in the 
                national heritage area;
                    (B) in establishing and maintaining interpretive 
                exhibits in the national heritage area;
                    (C) in developing recreational opportunities in the 
                national heritage area;
                    (D) in increasing public awareness of and 
                appreciation for the natural, historical, and cultural 
                resources of the national heritage area;
                    (E) in the restoration of historic buildings and 
                structures that are located within the boundaries of 
                the national heritage area that relate to the themes of 
                the national heritage area; and
                    (F) in ensuring that clear, consistent, and 
                appropriate signs identifying access points and sites 
                of interest are put in place throughout the national 
                heritage area; and
            (2) consistent with the goals of the management plan, 
        encouraging economic viability in the affected communities by 
        appropriate means.
    (b) Consideration of Interests of Local Groups.--In implementing 
the management plan, the management entity shall consider the interests 
of diverse units of government, businesses, private property owners, 
and nonprofit groups within the national heritage area.
    (c) Public Meetings.--The management entity shall conduct public 
meetings at least semiannually regarding the implementation of the 
management plan.

SEC. 107. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Provision of Technical Assistance and Financial Assistance.--
The Secretary may provide technical assistance and, subject to the 
availability of appropriations, financial assistance in the form of 
grants--
            (1) to the management entity to assist in the preparation 
        of the management plan and its implementation; and
            (2) to units of government, nonprofit organizations, and 
        other persons, upon request of the management entity.
    (b) 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.
    (c) Determinations Regarding Assistance.--The Secretary shall 
decide if technical assistance or financial assistance should be 
provided under this section and the amount of that assistance. Such 
decisions shall be based on the relative degree to which the project 
for which the assistance is sought advances the objectives contained in 
the management plan and the purposes of this title. The Secretary shall 
give priority consideration to projects which provide a greater 
leverage of Federal funds.
    (d) Provision of Information.--In cooperation with other Federal 
agencies, the Secretary shall provide the general public with 
information regarding the location and character of the national 
heritage area.

SEC. 108. DUTIES AND AUTHORITIES OF OTHER FEDERAL AGENCIES.

    Any Federal entity conducting any activity directly affecting the 
national heritage area shall consider the potential effect of the 
activity on the management plan and shall consult with the management 
entity with respect to the activity to minimize the adverse effects of 
the activity on the national heritage area.

SEC. 109. SAVINGS PROVISIONS.

    (a) No Effect on Authority of Governments.--Nothing in this title 
shall be construed to modify, enlarge, or diminish any authority of the 
Federal, State, or local governments to regulate any use of land as 
provided for by law or regulation.
    (b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this 
title shall be construed to grant powers of zoning or land use to the 
management entity for the national heritage area.
    (c) Fish and Wildlife.--The designation of the national heritage 
area shall not diminish the authority of the State of Utah to manage 
fish and wildlife, including the regulation of fishing and hunting 
within the national heritage area.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated under this 
title not more than $1,000,000 for any fiscal year. Not more than a 
total of $10,000,000 may be appropriated for the national heritage area 
under this title.
    (b) 50-Percent Match.--Federal funding provided under section 107, 
after the designation of the national heritage area, may not exceed 50 
percent of the total cost of any assistance or financial assistance 
provided or authorized under 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 maintain heritage, 
tourism, recreational, historical, scenic, archaeological, 
paleontological, biological, cultural, scientific, educational, and 
economic resources, there is hereby established 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 __________, including areas depicted within those 
boundaries on that map as ``Proposed Wilderness'', ``Proposed Bighorn 
Sheep Management Areas'', ``Scenic Visual Area of Critical 
Environmental Concern'', and ``Semi-Primitive Non-Motorized Use Area''.
    (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 conservation 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 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 disposal under the public land laws; and 
from entry, application, 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 withdrawn 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 materials subject to disposal may be made available from 
existing sites to the extent compatible with the purposes for which the 
conservation 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. 203. MANAGEMENT AND USE.

    (a) Management Plan.--
            (1) Preparation.--(A) Not later than 5 years after the date 
        of enactment of this Act, the Secretary, in cooperation with 
        the Advisory Council, shall prepare and begin implementing a 
        management plan for the conservation area.
            (B) Thereafter, the Secretary and the Advisory Council 
        shall review the plan at least once every 10 years and shall 
        make such revisions as may be necessary or appropriate.
            (C) In reviewing and revising the plan, the Secretary and 
        the Advisory Council shall provide for appropriate public 
        participation.
            (2) Multiple use, sustainable yield design.--The management 
        plan shall be a multiple use, sustained yield management plan 
        that--
                    (A) conserves the resources of the conservation 
                area for future generations;
                    (B) provides for the present and future enjoyment 
                of those resources, particularly heritage and outdoor 
                recreation uses including the use, where appropriate, 
                of off-road recreational vehicles;
                    (C) provides for the immediate and future 
                protection and administration of public lands in the 
                conservation area and the maintenance of environmental 
                quality; and
                    (D) provides for the present and future access to 
                and enjoyment of the various national heritage area 
                sites in the conservation area, as identified in the 
                management plan for the national heritage area pursuant 
                to section 105(b)(3).
            (3) Consistency with national heritage area management 
        plan.--The management plan for the conservation area shall be 
        consistent with the management plan for the national heritage 
        area under section 105.
    (b) Management Guidance.--The Secretary shall ensure that the plan 
and management program to implement the plan include, in addition to 
any other necessary or appropriate provisions, provisions for--
            (1) protection for the heritage, scientific, cultural, and 
        educational resources and values of the public lands in the 
        conservation area;
            (2) public use of the conservation area consistent with the 
        purposes of this subtitle;
            (3) interpretive and educational opportunities for the 
        public;
            (4) a program for continued scientific investigation and 
        study to provide information to support sound management in 
        accordance with this subtitle, to advance knowledge of species 
        and the resources and values of the conservation area, and to 
        provide a process for transferring to other areas of the public 
        lands and elsewhere this knowledge and management experience;
            (5) such vegetative enhancement and other measures as may 
        be necessary to restore or enhance habitat;
            (6) the identification of levels, types, timing, and terms 
        and conditions for the allowable uses of lands within the 
        conservation area that will be compatible with the protection, 
        maintenance, and enhancement of species populations and 
        habitats and the other purposes for which the conservation area 
        is established; and
            (7) assessing the desirability of imposing appropriate fees 
        for public uses (including, but not limited to, recreational 
        use) of lands in the conservation area, which are not now 
        subject to fees, to be used to further the purposes for which 
        the conservation area is established.
    (c) Visitors Center.--The Secretary may establish, in cooperation 
with the Advisory Council and other public or private entities as the 
Secretary considers appropriate, a visitors center designed to 
interpret the history and the geological, ecological, natural, 
cultural, and other resources of the conservation area.
    (d) 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 
considers consistent with the purposes for which the conservation area 
is established. To the extent practicable, the Secretary shall make 
available to visitors and other members of the public a map of the 
conservation area and such other educational and interpretive 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 the Secretary deems necessary or desirable to carry out the purposes 
and policies of this title.
    (f) Agricultural Practices.--Nothing in this Act shall be construed 
as constituting a grant of authority to the Secretary to restrict 
recognized agricultural practices or other activities on private land 
adjacent to or within the conservation area boundary.

SEC. 204. ADDITIONS.

    (a) Acquisitions.--
            (1) In general.--The Secretary may acquire lands and 
        interests therein within the boundaries of the conservation 
        area by donation, purchase with donated or appropriated funds, 
        exchange, or transfer from another Federal agency, except that 
        such lands or interests owned by the State of Utah or a 
        political subdivision thereof may be acquired only by donation 
        or exchange.
            (2) 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 conservation 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 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. 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 conservation area. Of the members--
                    (A) 3 shall be appointed from individuals 
                recommended by the Governor of the State of Utah;
                    (B) 5 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 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) the remainder 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.
            (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 
a 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 
referred to it by the Secretary.
    (g) Termination.--The Advisory Council shall terminate 10 years 
after the date of the enactment of this Act, unless otherwise extended 
by law.

SEC. 206. RELATIONSHIP TO OTHER LAWS AND ADMINISTRATIVE PROVISIONS.

    (a) Other Laws.--
            (1) Public land laws.--Except as otherwise specifically 
        provided in this Act, nothing in this title shall be construed 
        as limiting the applicability to lands in the conservation area 
        of laws applicable to public lands generally, including but not 
        limited to the National Historic Preservation Act (16 U.S.C. 
        470 et seq.), the Archaeological 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.).
            (2) Non-blm land.--Nothing in this title shall be construed 
        as by itself altering the status of any lands that on the date 
        of enactment of this Act were not managed by the Bureau of Land 
        Management.
            (3) Plant propagation.--Nothing in this title shall be 
        construed as prohibiting the Secretary from engaging qualified 
        persons to use public lands within the conservation area for 
        the propagation of plants (including seeds) to be used for 
        vegetative enhancement of the conservation area in accordance 
        with the plan and in furtherance of the purposes for which the 
        conservation area is established.

SEC. 207. COMMUNICATIONS EQUIPMENT.

    Nothing in this Act shall be construed to prohibit the Secretary 
from authorizing the installation of communications equipment in the 
conservation area for public safety purposes.

         Subtitle B--Wilderness Areas Within Conservation Area

SEC. 221. 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 __________, are 
hereby designated as wilderness and therefore as components of the 
National Wilderness Preservation System:
            (1) Crack Canyon Wilderness Area, consisting of 
        approximately 19,676 acres.
            (2) Mexican Mountain Wilderness Area, consisting of 
        approximately 27,953 acres.
            (3) Muddy Creek Wilderness Area, consisting of 
        approximately 37,010 acres.
            (4) San Rafael Reef Wilderness Area, consisting of 
        approximately 46,079 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 designated as wilderness by subsection (a) 
with the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate. Each 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 maps and legal descriptions. Each 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 the office 
of the State Director of the Bureau of Land Management in the State of 
Utah, Department of the Interior.

SEC. 222. 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 Secretary in accordance with this 
title, title III of this Act, and the Wilderness Act (16 U.S.C. 1131 et 
seq.).
    (b) Incorporation of Acquired Lands and Interests.--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 
administered 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 and Management Act of 1976 (43 U.S.C. 1712) to 
manage the areas designated as wilderness by this title.

               Subtitle C--Other Special Management Areas

SEC. 231. SAN RAFAEL SWELL DESERT BIGHORN SHEEP MANAGEMENT AREA.

    (a) Establishment and Purposes.--
            (1) Establishment.--There is hereby established in the 
        conservation area the San Rafael Swell Desert Bighorn Sheep 
        Management area (in this section referred to as the 
        ``management area'').
            (2) Purposes.--The purposes of the management area are the 
        following:
                    (A) To provide for the prudent management of Desert 
                Bighorn Sheep and their habitat in the Sid's Mountain 
                area of the conservation area.
                    (B) To provide opportunities for watchable 
                wildlife, hunting, and scientific study of Desert 
                Bighorn Sheep and their habitat.
                    (C) To provide a seed source for other Desert 
                Bighorn Sheep herds, and a gene pool to protect genetic 
                diversity within the Desert Bighorn Sheep species.
                    (D) To provide educational opportunities to the 
                public regarding Desert Big Horn Sheep and their 
                environs.
    (b) Area Included.--The management area shall consist of 
approximately 66,071 acres of federally owned lands and interests 
therein managed by the Bureau of Land Management as generally depicted 
on the map entitled ``San Rafael Swell National Heritage/Conservation 
Area Proposed'', dated __________.
    (c) Management and Use.--
            (1) In general.--Except as otherwise provided in this 
        section, the management area and use of the management area 
        shall be subject to all requirements and restrictions that 
        apply to the conservation area.
            (2) Mechanized travel.--The Secretary shall not allow any 
        mechanized travel in the management area, except--
                    (A) mechanized travel on designated roads and 
                trails; and
                    (B) mechanized travel by personnel of the Utah 
                Division of Wildlife Resources and the Bureau of Land 
                Management, including overflights of aircraft and 
                landings of helicopters, may be allowed as needed to 
                manage the Desert Bighorn Sheep and their habitat.
            (3) Desert bighorn sheep management.--The Secretary and the 
        Utah Division of Wildlife Resources may use such management 
        tools as are needed to provide for the sustainability of the 
        Desert Bighorn Sheep herd and the range resource of the 
        management area, including animal transplanting (both into and 
        out of the management area), hunting, water development, 
        fencing, surveys, prescribed fire, control of noxious or 
        invading weeds, and predator control.
            (4) Wildlife viewing.--The Secretary, in cooperation with 
        the State of Utah and the Advisory Council, shall manage the 
        management area to provide opportunities for the public to view 
        Desert Bighorn Sheep in their natural habitat. However, the 
        Secretary may restrict mechanized and nonmechanized visitation 
        to sensitive areas during critical seasons as needed to provide 
        for the proper management of the Desert Bighorn Sheep herd of 
        the management area.
    (d) Management Plan.--
            (1) In general.--The Secretary shall include a management 
        plan for the management area in the management plan for the 
        conservation area under section 203.
            (2) Contents.--The management plan for the management area 
        shall establish goals and management steps to be taken within 
        the management area to achieve the purposes of the management 
        area under subsection (a)(2).
            (3) Participation.--The Secretary shall cooperate with the 
        Utah Division of Wildlife Resources and the Advisory Council in 
        developing the management plan for the management area.
    (e) Facilities.--
            (1) In general.--The Secretary may establish, operate, and 
        maintain in the management area such facilities as are needed 
        to provide for the management and safety of recreational users 
        of the management area.
            (2) Viewing sites.--Facilities under this subsection may 
        include improved sheep viewing sites around the periphery of 
        the management area, if such sites do not interfere with the 
        proper management of the sheep and their habitat.
    (f) Development of Heritage Sites.--This section shall not be 
construed to preclude the utilization, enhancement, and maintenance of 
national heritage area sites in the management area, if such activities 
do not conflict with the purposes of the management area under 
subsection (a).

SEC. 232. SEMI-PRIMITIVE NONMOTORIZED USE AREAS.

    (a) Designation and Purposes.--The Secretary shall designate areas 
in the national heritage area as semi-primitive nonmotorized use areas. 
The purposes of the semi-primitive areas are the following:
            (1) To provide opportunities for isolation from the sights 
        and sounds of man.
            (2) To provide opportunities to have a high degree of 
        interaction with the natural environment.
            (3) To provide opportunities for recreational users to 
        practice outdoor skills in settings that present moderate 
        challenge and risk.
    (b) Area Included.--The semi-primitive areas shall consist 
generally of approximately 109,487 acres of federally owned lands and 
interests therein located in the national heritage area that are 
managed by the Bureau of Land Management as generally depicted on the 
map entitled ``San Rafael Swell National Heritage/Conservation Area 
Proposed'', dated __________.
    (c) Management and Use of Areas in Conservation Area.--Except as 
otherwise provided in this section, semi-primitive areas located in the 
conservation area shall be subject to all requirements and restrictions 
that apply to the conservation area.
    (d) Management Plan.--
            (1) In general.--The Secretary shall include a management 
        plan for the semi-primitive areas located in the conservation 
        area in the management plan for the conservation area under 
        section 203. The Secretary shall prepare other management plans 
        for semi-primitive areas located outside the conservation area.
            (2) Contents.--The management plans for the semi-primitive 
        areas shall establish goals and management steps to be taken 
        within the semi-primitive areas to achieve the purposes under 
        subsection (a).
    (e) Development of Heritage Sites.--This section shall not be 
construed to preclude the utilization, enhancement, and maintenance of 
national heritage area sites in any semi-primitive area, if such 
activities do not conflict with the purposes of the semi-primitive 
areas under subsection (a).

SEC. 233. SCENIC VISUAL AREA OF CRITICAL ENVIRONMENTAL CONCERN.

    (a) Designation and Purpose.--The Secretary shall designate areas 
in the conservation area as a scenic visual area of critical 
environmental concern (in this section referred to as the ``scenic 
visual ACEC''). The purpose of the scenic visual ACEC is to preserve 
the scenic value of the Interstate Route 70 corridor within the 
conservation area.
    (b) Area Included.--The scenic visual ACEC shall consist generally 
of the lands and interests therein located in the conservation area 
bordering Interstate Route 70 that are managed by the Bureau of Land 
Management, as generally depicted on the map entitled ``San Rafael 
Swell National Heritage/Conservation Area Proposed'', dated __________.
    (c) Management and Use.--Except as otherwise provided in this 
section, the scenic visual ACEC shall be subject to all requirements 
and restrictions that apply to the conservation area, and shall be 
managed to protect scenic values in accordance with the Bureau of Land 
Management document entitled ``San Rafael Resource Management Plan, 
Utah, Moab District, San Rafael Resource Area, 1991''.

 TITLE III--ADDITIONAL WILDERNESS AREAS OUTSIDE OF CONSERVATION AREA; 
                  WILDERNESS ADMINISTRATION PROVISIONS

SEC. 301. DESIGNATION OF WILDERNESS.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the following lands located in the 
national heritage area outside of the conservation area, as generally 
depicted on the map entitled ``San Rafael Swell National Heritage/
Conservation Area Proposed'', dated __________, are hereby designated 
as wilderness and therefore as components of the National Wilderness 
Preservation System:
            (1) Desolation Canyon Wilderness Area (Carbon County), 
        consisting of approximately 109,050 acres.
            (2) Desolation Canyon Wilderness Area (Emery County), 
        consisting of approximately 119,650 acres.
            (3) Turtle Canyon Wilderness Area, consisting of 
        approximately 31,450 acres.
            (4) Horseshoe Canyon Wilderness Area, consisting of 
        approximately 16,600 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 designated as wilderness by subsection (a) 
with the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate. Each 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 maps and legal descriptions. Each 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 the office 
of the State Director of the Bureau of Land Management in the State of 
Utah, Department of the Interior.

SEC. 302. 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 Secretary in accordance with this 
title and the Wilderness Act (16 U.S.C. 1131 et seq.).
    (b) Incorporation of Acquired Lands and Interests.--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 
administered 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 shall prepare plans in accordance 
with section 202 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1712) to manage the areas designated as wilderness by this 
subtitle.

SEC. 303. LIVESTOCK.

    Grazing of livestock in areas designated as wilderness by this Act, 
where such grazing is established before the date of the enactment of 
this Act, shall--
            (1) continue and wilderness values shall not be used as a 
        factor to reduce or withdraw grazing in designated areas or in 
        the management of wilderness; and
            (2) be administered in accordance with section 4(d)(4) of 
        the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines 
set forth in House Report 96-1126.

SEC. 304. WILDERNESS RELEASE.

    (a) Finding.--The Congress finds and directs that public lands in 
the Counties of Emery and Carbon in the State of Utah administered by 
the Bureau of Land Management have been adequately studied for 
wilderness designation pursuant to section 603 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1782).
    (b) Release.--Any public lands administered by the Bureau of Land 
Management in the Counties of Emery and Carbon in the State of Utah and 
not designated as wilderness by this title are no longer subject to 
section 603(c) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1782(c)). Such lands shall be managed in accordance with 
Public Law 86-517 (16 U.S.C. 528 et seq.). Such lands shall also be 
managed for public uses as defined in section 103(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1702(c)) and in 
accordance with land management plans adopted pursuant to section 202 
of such Act (43 U.S.C. 1712) and this Act.

                TITLE IV--GENERAL MANAGEMENT PROVISIONS

SEC. 401. LIVESTOCK GRAZING.

    (a) Areas Other than Wilderness.--
            (1) In general.--Except as provided in subsection (b), the 
        Secretary shall permit domestic livestock grazing in areas of 
        the conservation area, and in areas of semi-primitive areas 
        outside of the conservation area, where grazing was established 
        before the enactment of this Act. Conservation area values and 
        semi-primitive area values shall not be used as a factor to 
        determine grazing levels, grazing seasons, or other grazing 
        management decisions.
            (2) Compliance with applicable requirements.--Except as 
        provided in subsection (b), any livestock grazing on public 
        lands within the conservation area or semi-primitive areas 
        outside of the conservation area and activities the Secretary 
        determines necessary 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 ``Taylor 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 programs on the public lands, 
        and the management plan for the conservation area.
    (b) Wilderness.--This section shall not apply to any wilderness 
designated by this Act.

SEC. 402. CULTURAL AND PALEONTOLOGICAL RESOURCES.

    The Secretary shall allow for the discovery of, shall protect, and 
may interpret, cultural or paleontological resources located within 
areas designated as part of the conservation area or as a wilderness or 
semi-primitive area under this Act. The means of discovery authorized 
shall be those means conventional to the science of archaeology, 
including customary means of ingress and egress.

SEC. 403. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    In recognition of the past use by Native Americans for traditional 
cultural and religious purposes of sites within areas designated as 
part of the conservation area or as a wilderness or semi-primitive area 
under this Act, the Secretary shall assure nonexclusive access from 
time to time to those sites by Native Americans for such purposes, 
including (but not limited to) wood gathering for personal use or 
collecting plants or herbs for religious or medicinal purposes. Such 
access shall be consistent with the purpose and intent of section 1 of 
the Act of August 11, 1978 (Public Law 95-341; 42 U.S.C. 1996; commonly 
known as the American Indian Religious Freedom Act).

SEC. 404. AIRCRAFT.

    (a) Low-Level Overflights Not Precluded.--Nothing in this Act shall 
be construed to restrict or preclude low-level overflights over the 
areas designated as part of the conservation area or as wilderness or 
semi-primitive areas under this Act, including military overflights 
that can be seen or heard within such areas. Nothing in this Act shall 
be construed to restrict or preclude the designation of new units of 
special airspace or the establishment of military flight training 
routes over such areas.
    (b) San Rafael Swell Desert Bighorn Sheep Management Area.--Nothing 
in this Act shall be construed to restrict or preclude personnel of the 
Utah Division of Wildlife Resources and the Bureau of Land Management 
from conducting overflights of aircraft and landing of helicopters in 
accordance with section 231(c)(2)(B).

SEC. 405. OIL SHALE RESERVE NUMBERED 2.

    The area known as ``Oil Shale Reserve Numbered 2'', located within 
Desolation Canyon Wilderness Area and the semi-primitive area 
designated as Big Horn Bench and Trail Canyon on the map entitled ``San 
Rafael Swell National Heritage/Conservation Area Proposed'', dated 
__________, shall not be reserved for oil shale purposes after the date 
of the enactment of this Act and shall be under the sole jurisdiction 
of and managed by the Bureau of Land Management.

SEC. 406. LAND EXCHANGES RELATING TO SCHOOL AND INSTITUTIONAL TRUST 
              LANDS.

    (a) Identification of Affected Lands.--Not later than 1 year after 
the date of the enactment 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 is 
diminished by establishment of the conservation area or designation of 
any wilderness or semi-primitive area under this Act.
    (b) Exchange of Lands.--Not later than 2 years after the date of 
receipt of notification under subsection (a) regarding lands, the 
Secretary shall acquire all right, title, and interest in the lands 
identified in the notice, by exchange with the State of Utah for 
Federal lands that are of approximately equal value to the identified 
lands and that are located in the State. The Secretary shall make 
exchanges under this section without expense or loss to the 
beneficiaries of the school and institutional trust lands acquired by 
the Secretary in the exchange.
    (c) 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 conservation area or in 
        any wilderness or semi-primitive area designated under this Act 
        outside of the conservation area.
            (2) Utah enabling act.--The term ``Utah Enabling 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. 407. WATER RIGHTS.

    (a) 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 reservation 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.
    (b) 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 or as a wilderness or semi-primitive area 
under this Act pursuant to the substantive 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 or as a wilderness or semi-primitive area under this 
Act, all rights to water granted under the laws of the State of Utah 
may be exercised in accordance with the substantive and procedural 
requirements of the State of Utah.
    (c) 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.
    (d) Certain Facilities Not Affected.--Nothing in this Act shall 
affect the maintenance, repair, modification, replacement, or 
improvement of, or ingress to or egress from, irrigation, pumping, 
storage, and transmission facilities associated with municipal, 
industrial, agricultural, livestock, or wildlife purposes in existence 
before the date of the enactment of this Act, whether located within or 
outside of the boundaries of areas designated as part of the 
conservation area or as a wilderness or semi-primitive area under this 
Act.
    (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. Nothing in this Act shall alter, amend, 
construe, supersede, or preempt any local, State, or Federal law; any 
existing private, local, or State agreement; or any interstate compact 
or international treaty pertaining to the waters of the Colorado River 
or its tributaries.

SEC. 408. 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 activities, 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 located wholly within such an area. The fact that nonconforming 
activities or uses can be seen or heard from land within such an area 
shall not, of itself, preclude such activities 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-primitive area under this Act, the boundary of the 
area shall be set back from the center line of the road as follows:
            (1) 300 feet for high standard roads such as paved 
        highways.
            (2) 200 feet for high standard roads classified as County 
        Class B roads for road and right-of-way maintenance.
            (3) 100 feet for roads equivalent to County Class D roads 
        for road and right-of-way maintenance.
    (d) Access.--
            (1) Reasonable access allowed.--Subject to valid existing 
        rights, reasonable access shall be allowed to existing 
        improvements, structures, and facilities, including those 
        related to water and grazing resources, 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, maintained, 
        repaired, modified, or replaced as necessary.
            (2) Reasonable access defined.--For the purposes of this 
        subsection, the term ``reasonable access'' means right of entry 
        and includes access by motorized 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 Purchase.--The Secretary shall 
offer to acquire from non-governmental 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.
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