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





                                                 Union Calendar No. 387

105th CONGRESS

  2d Session

                               H. R. 3625

                          [Report No. 105-685]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             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





                                                 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 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; 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 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; 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 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.
    (c) 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 heritage 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 heritage plan for the 
        national heritage area.

SEC. 102. DESIGNATION.

    There is hereby designated the San Rafael Swell National 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 ``financial 
        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 ``technical 
        assistance'' includes--
                    (A) assistance by the Secretary in the preparation 
                of any heritage plan, compact, or resource 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 political 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 government 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, interpretive 
                exhibits, historic preservation projects, construction 
                of cultural, recreational, and interpretive 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 acquisition of real 
                property or any interest in real property.
            (3) Applicability of restrictions to subgrants.--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 purposes of this title, as determined by the 
        Secretary, shall result in a right of the United States to 
        compensation 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 determined at 
                the time of such conversion, use, or disposal.
    (b) Technical Assistance.--The Secretary may provide 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 assistance, under this title after the expiration of the 10-
year period beginning on the date of the designation of the National 
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 assistance 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 Secretary.--
            (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 withholds signature on the proposed 
        compact, the Secretary shall advise the submitter, in writing, 
        of the reasons. The Secretary shall sign or withhold signature 
        on each proposed revision to the proposed compact not later 
        than 90 days after receiving the proposed revision. A submitter 
        shall hold a public meeting in the immediate vicinity of the 
        proposed National Heritage Area before making any major 
        revisions 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 entity conducting or 
supporting activities within the National Heritage Area, and any unit 
of government acting pursuant 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 Heritage 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 Secretary, the Secretary of 
        Agriculture, and the Governor of Utah or a designee of the 
        Governor, in coordination with the Heritage Council. Such 
        agreement shall define the area, describe anticipated programs 
        for the area, and include information relating to the 
        objectives 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 depicted on the map entitled 
                San Rafael Swell National 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 identification and 
                description of the Heritage Council.
                    (C) Non-federal participants.--A list of the 
                initial participants to be involved in developing 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, objectives, and cost of the 
                National Heritage Area, including 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 
                        conceptual 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 consistent with continued 
        economic viability in the communities 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 objectives 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 residents, 
                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 inventory of 
                important natural, cultural, or historic resources 
                which illustrate the themes of the National Heritage 
                Area.
                    (B) Recommendations for management.--A 
                recommendation of policies for management 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 program 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 promote the purposes of this title.
                    (E) Interpretive plan.--An interpretive plan for 
                the National Heritage Area.
            (3) Relationship to conservation area management plan.--The 
        heritage plan and the conservation 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 National Heritage 
Area shall be known as the ``Heritage Council''. The Heritage Council 
shall be an entity that reflects a broad cross-section of interests 
within the National Heritage 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 Heritage 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 assisting 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 interpretive 
                exhibits in the area;
                    (D) developing recreational and educational 
                opportunities in the area;
                    (E) increasing public awareness of and appreciation 
                for the natural, historical, and cultural resources of 
                the area;
                    (F) restoring historic buildings that are located 
                within the boundaries of the area and relate to the 
                theme of the area; and
                    (G) ensuring that clear, consistent, and 
                appropriate 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 regarding the implementation 
        of the heritage plan for the National Heritage Area. The 
        Heritage Council shall place a notice of each such meeting in a 
        newspaper of general circulation in the area and shall make the 
        minutes of the meeting available to the public.

SEC. 107. LACK OF EFFECT ON LAND USE REGULATION.

    (a) Lack of Effect on Authority of Governments.--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 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) BLM Authority.--
            (1) In general.--Nothing in this title shall be construed 
        to modify, enlarge, or diminish the authority of the Secretary 
        or the Bureau of Land Management 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 Federal Land Policy and 
        Management Act of 1976 with the Forest Service, the Heritage 
        Council under section 106, State and local governments, and 
        private entities.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 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 funding 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 proportionate to the 
        level of local support of and commitment 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 purposes 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.--Notwithstanding 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 allocated 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 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 June 12, 1998, including areas depicted within those 
boundaries on that map as ``Proposed Wilderness'', ``Proposed Bighorn 
Sheep Management Area'', ``Scenic 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 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.

    (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 Management 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, public 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 cooperation with the Advisory 
Council, shall develop a comprehensive 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 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.
            (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 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.

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 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) 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 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) 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 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 
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) 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.).
    (b) 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.

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, other than within areas 
designated as wilderness, to the highest practicable degree consistent 
with requirements and restrictions otherwise applicable to the 
conservation area.

         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 June 12, 1998, 
are hereby designated as wilderness and therefore as components of the 
National Wilderness Preservation System:
            (1) Crack Canyon Wilderness Area, consisting of 
        approximately 25,624 acres.
            (2) Mexican Mountain Wilderness Area, consisting of 
        approximately 27,257 acres.
            (3) Muddy Creek Wilderness Area, consisting of 
        approximately 39,348 acres.
            (4) San Rafael Reef Wilderness Area, consisting of 
        approximately 48,227 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 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.

SEC. 223. 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--
            (1) may not be reduced, increased, or withdrawn, except 
        based solely on scientific analyses of range conditions; and
            (2) shall 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. 224. WILDERNESS RELEASE.

    (a) Finding.--The Congress finds and directs that public lands 
administered by the Bureau of Land Management within the conservation 
area in the County of Emery, Utah, that are depicted on the map 
entitled ``San Rafael Swell National Heritage/Conservation Area 
Proposed'', dated June 12, 1998, 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 within the conservation area in the County of Emery, Utah, 
that are depicted on the map entitled ``San Rafael Swell National 
Heritage/Conservation Area Proposed'', dated June 12, 1998, and that 
are 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 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.

               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.
                    (E) To maintain the natural qualities of the lands 
                and habitat of the management area to the extent 
                practicable with prudent management of desert bighorn 
                sheep.
    (b) Area Included.--The management area shall consist of 
approximately 73,909 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 June 12, 1998.
    (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 that is in accordance with 
                the plan; 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 conservation 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 120,695 acres of federally owned lands and 
interests therein located in the conservation 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 June 12, 1998.
    (c) Management and Use.--Except as otherwise provided in this 
section, semi-primitive areas 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 in the management plan for 
        the conservation area under section 203.
            (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 approximately 27,670 acres of 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 June 12, 1998.
    (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--GENERAL MANAGEMENT PROVISIONS

SEC. 301. 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 where grazing was established before the 
        enactment of this Act. Grazing in such areas may not be 
        reduced, increased, or withdrawn, except based solely on 
        scientific analyses of range conditions.
            (2) Compliance with applicable requirements.--Except as 
        provided in subsection (b), any livestock grazing on public 
        lands within 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.
            (3) Certain water facilities not affected.--Nothing in this 
        Act shall affect the maintenance, repair, replacement, or 
        improvement of, or ingress to or egress from, water catchment, 
        storage, and conveyance facilities in existence before the date 
        of the enactment of this Act that are associated with livestock 
        or wildlife purposes, whether located within or outside of the 
        boundaries of areas designated as part of the conservation area 
        under this Act.
    (b) Wilderness.--Subsection (a) shall not apply to any wilderness 
designated by this Act.

SEC. 302. CULTURAL AND PALEONTOLOGICAL RESOURCES.

    The Secretary shall allow for the discovery of, shall protect, and 
may interpret, cultural or paleontological resources located within 
areas designated as part of the conservation area, to the extent 
consistent with the other provisions of this Act governing management 
of those areas.

SEC. 303. LAND EXCHANGES RELATING TO SCHOOL AND INSTITUTIONAL TRUST 
              LANDS.

    (a) Exchange Authorized.--
            (1) Identification of lands and interests by state.--Not 
        later than 1 year after the date of 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 may be 
        diminished by establishment of the conservation area under this 
        Act, and that the State would like to exchange for other 
        Federal lands or interests in land within the State of Utah.
            (2) Offer by secretary.--Not later than 1 year after the 
        date of receipt of notification under subsection (a), and after 
        seeking the advice of the Governor of the State of Utah on 
        potential lands for exchange, the Secretary shall transmit to 
        the Governor a list of Federal lands or interests in lands 
        within the State of Utah that the Secretary believes are 
        approximately equivalent in value to the lands described in 
        subsection (a) of this section, and shall offer such lands for 
        exchange to the State for the lands described in subsection 
        (a).
    (b) Ensuring Equivalent Value.--
            (1) In general.--In preparing the list under subsection 
        (a)(2), the Secretary shall take all steps as are necessary and 
        reasonable to ensure that the State of Utah agrees that the 
        lands offered by the Secretary are approximately equivalent in 
        value to the lands identified and described by the State under 
        subsection (a)(1).
            (2) Accounting for revenue sharing.--If the State of Utah 
        shares revenue from the properties to be acquired by the State 
        under this section, the value of such properties shall be the 
        value otherwise established under this section, reduced by a 
        percentage that represents the Federal revenue sharing 
        obligation. The amount of such reduction shall not be 
        considered a property right of the State of Utah.
    (c) Public Interest.--The exchange of lands included in the list 
prepared under subsection (a)(2) shall be construed as satisfying the 
provisions of section 206(a) of the Federal Land Policy and Management 
Act of 1976 requiring that exchanges of lands be in the public 
interest.
    (d) Definitions.--As used in this section:
            (1) School and institutional trust lands.--The term 
        ``school and institutional trust lands'' means those properties 
        granted by the United States in the Utah Enabling Act to the 
        State of Utah in trust, and other lands that under State law 
        must be managed for the benefit of the public school system or 
        the institutions of the State that are designated by the Utah 
        Enabling Act, that are located in the 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. 304. WATER RIGHTS.

    (a) Findings.--The Congress finds the following:
            (1) The San Rafael Swell region of Utah is a high desert 
        climate with little annual precipitation and scarce water 
        resources.
            (2) In order to preserve the limited amount of water 
        available to wildlife, the State of Utah has granted to the 
        Division of Wildlife Resources an in-stream flow right in the 
        San Rafael River.
            (3) This preserved right will guarantee that wetland and 
        riparian habitats within the San Rafael region will be 
        protected for designations such as wilderness, semi-primitive 
        areas, bighorn sheep, and other Federal land needs within the 
        San Rafael Swell region.
    (b) No Federal Reservation.--Nothing in this Act or any other Act 
of Congress shall constitute or be construed to constitute either an 
express or implied Federal 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.
    (c) Acquisition and Exercise of Water Rights Under Utah Law.--The 
United States may acquire and exercise such water rights as it deems 
necessary to carry out its responsibilities on any lands designated as 
part of the conservation area under this Act pursuant to the 
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 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.
    (d) Exercise of Water Rights Generally Under Utah Laws.--Nothing in 
this Act shall be construed to limit the exercise of water rights as 
provided under the laws of the State of Utah.
    (e) Colorado River.--Nothing in this Act shall be construed to 
affect the operation of any existing private, local, State, or 
federally owned dam, reservoir, or other water works on the Colorado 
River or its tributaries. 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. 305. MISCELLANEOUS.

    (a) State Fish and Wildlife Management.--In accordance with section 
4(d)(7) of the Wilderness Act (16 U.S.C. 1131(d)(7)), nothing in this 
Act shall be construed as affecting the jurisdiction or 
responsibilities of the State of Utah with respect to fish and wildlife 
management 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) A setback that corresponds with the boundary of the 
        right-of-way for Interstate 70.
            (2) 150 feet for high standard roads.
            (3) 100 feet for roads classified as County Class B roads.
            (4) 50 feet for roads equivalent to County Class D roads.
    (d) Access.--
            (1) Reasonable access allowed.--Subject to valid existing 
        rights, reasonable access shall be 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.
    (f) Rights-of-way.--
            (1) Right-of-way claims not affected.--Nothing in this Act, 
        including any reference to or depiction on the map entitled 
        ``San Rafael Swell National Heritage/Conservation Area 
        Proposed'', dated June 12, 1998, affects any right-of-way claim 
        that arose under section 2477 of the Revised Statutes (43 
        U.S.C. 932).
            (2) Depictions not determinative.--Any depiction or lack of 
        depiction of a highway, road, right-of-way, or trail on the map 
        entitled ``San Rafael Swell National Heritage/Conservation Area 
        Proposed'', dated June 12, 1998, shall not be considered in any 
        determination under section 2477 of the Revised Statutes (43 
        U.S.C. 932) of whether or not such highway, road, right-of-way, 
        or trail exists.