[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2385 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2385

 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 SENATE OF THE UNITED STATES

                             July 30, 1998

Mr. Bennett (for himself and Mr. Hatch) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural 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 of 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. Definitions.
Sec. 103. Establishment.
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. 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 management plan.
Sec. 202. Establishment of 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 by 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 an 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 that--
            (1)(A) the history of the American West is one of the most 
        significant chapters of United States history; and
            (B) 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 use and conservation of natural resources;
            (3) the San Rafael Swell region contains important 
        historical sites, including--
                    (A) sections of the Old Spanish Trail, the Outlaw 
                Trail, and the Green River Crossing; and
                    (B) many 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, historical 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)(A) museums and visitors' 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
            (B) those museums are available to interpret the themes of 
        the National Heritage Area and to coordinate the interpretive 
        and preservation activities of the National Heritage Area;
            (9) despite the efforts of the State of Utah, political 
        subdivisions of the State, volunteer organizations, and private 
        businesses, the historical, cultural, 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 land owned by the 
        Federal Government and are managed by the Bureau of Land 
        Management or the Forest Service;
            (11) the preservation of the historical, cultural, 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; and
            (12) partnerships between Federal, State, and local 
        governments, local and regional entities of those governments, 
        and the private sector offer the most effective opportunities 
        for the enhancement and management of the historical, cultural, 
        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 historical, cultural, natural, 
        recreational, and scenic resources of the National 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. DEFINITIONS.

    In 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 Congress and made 
        available to the Heritage Council for the purposes of preparing 
        and implementing a heritage plan.
            (3) Heritage council.--The term ``Heritage Council'' means 
        the entity designated in the compact and described in section 
        106(a).
            (4) Heritage plan.--The term ``heritage plan'' means a plan 
        described in section 105(b).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Technical assistance.--The term ``technical 
        assistance'' includes--
                    (A) assistance by the Secretary in the preparation 
                of a heritage plan, compact, or resource inventory 
                under this Act; and
                    (B) professional guidance provided by the Secretary 
                to carry out this Act.
            (7) 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. 103. ESTABLISHMENT.

    There is established a heritage area to be known as the ``San 
Rafael Swell National Heritage Area''.

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 shall not be used for acquisition of real 
                property or any interest in real property.
            (3) Applicability of restrictions to subgrants.--For the 
        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 assisted with the grant 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 in an amount equal to the greater of--
                    (A) all Federal funds made available to the project 
                under this title; or
                    (B) the proportion of the increased value of the 
                project attributable to the funds, as determined at the 
                time of the conversion, use, or disposal.
    (b) Technical Assistance.--The Secretary may provide technical 
assistance to carry out this title.
    (c) Duration of Eligibility for Grants and Technical Assistance.--
The Secretary shall 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 establishment of the National 
Heritage Area.
    (d) Disqualification for Federal Funding.--If a heritage plan 
meeting the requirements of section 105(b) is not submitted to the 
Secretary as required under section 106(b)(1), within the time period 
described in section 106(b)(1), the Secretary shall not, after the end 
of that time period, provide technical assistance or grants under this 
title until such a heritage plan is developed and submitted to the 
Secretary.
    (e) Other Duties and Authorities of Secretary.--
            (1) Signing of compact.--
                    (A) Deadline for secretary.--Not later than 90 days 
                after receiving a proposed compact submitted under this 
                title, the Secretary shall sign or withhold signing of 
                the proposed compact.
                    (B) Withholding of signature.--If the Secretary 
                withholds signing of the proposed compact, the 
                Secretary shall advise the submitter, in writing, of 
                the reasons for the withholding.
                    (C) Signing of proposed revisions.--The Secretary 
                shall sign or withhold signing of each proposed 
                revision to the proposed compact not later than 90 days 
                after receiving the proposed revision.
                    (D) Public meetings by submitter.--The submitter of 
                a proposed compact shall hold a public meeting in the 
                immediate vicinity of the proposed National Heritage 
                Area before making any major revisions to the proposed 
                compact.
            (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 that conducts 
or supports activities within the National Heritage Area, and any unit 
of government that acts in accordance with the terms of a grant of 
Federal funds or a Federal permit or agreement and that conducts or 
supports the activities, shall, to the maximum extent practicable--
            (1) consult with the Secretary and the Heritage Council 
        with respect to the activities;
            (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
            (3) coordinate the activities to minimize any real or 
        potential adverse impact on the National Heritage Area.
    (g) Prohibition on Certain Requirements.--The Secretary shall not, 
as a condition of the award of technical assistance or financial 
assistance under this section, require any recipient of the assistance 
to enact or modify land use restrictions.

SEC. 105. COMPACT AND HERITAGE PLAN.

    (a) Compact.--
            (1) In general.--The compact 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 their designees), in coordination with the Heritage Council.
            (2) Required elements.--The agreement shall describe 
        anticipated programs for the National Heritage Area and include 
        the following information:
                    (A) Boundaries.--A delineation of the boundaries of 
                the National Heritage Area, which 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 the participants.
                    (D) Goals, objectives, and costs.--A description of 
                the goals, objectives, and costs of the National 
                Heritage Area, including an description of--
                            (i) the conceptual framework, proposed by 
                        the participants referred to in subparagraph 
                        (C), for development and implementation of the 
                        heritage plan; and
                            (ii) the costs associated with the 
                        conceptual framework.
                    (E) Role of state.--A description of the role of 
                the State of Utah.
            (3) Consistency with economic viability.--The compact shall 
        be consistent with continued economic viability in the 
        communities within the National Heritage Area.
            (4) Actions in compact.--Actions provided for in the 
        compact shall be initiated within a reasonable time after the 
        date of establishment 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 shall be a plan that 
        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 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 shall 
        include the following, as appropriate:
                    (A) Inventory of resources.--An inventory of 
                important historical, cultural, or natural resources 
                that 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 that is 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 participants 
                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.--
                    (A) Consistency.--The heritage plan and the 
                Conservation Area management plan shall be consistent 
                with each other.
                    (B) Application of management plan to conservation 
                area.--Nothing in the heritage plan may supersede the 
                management plan for the Conservation Area under section 
                203(c), 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 1 or more units of 
        government in the State of Utah;
            (2) representatives of interested or affected groups; and
            (3) private property owners that reside within the National 
        Heritage Area.
    (b) Duties.--
            (1) Heritage plan.--Not later than 3 years after the date 
        of establishment of the National Heritage Area, the Heritage 
        Council shall develop and submit to the Secretary and to the 
        Governor of Utah a heritage plan in accordance with the 
        compact.
            (2) Priorities.--The Heritage Council shall give priority 
        to the implementation of actions, goals, and policies set forth 
        in the compact and heritage plan, including assisting units of 
        government and others in--
                    (A) carrying out programs that recognize important 
                resources 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 historical, cultural, and natural 
                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 installed throughout the Area.
            (3) Consideration of interests of local groups.--In 
        developing and implementing the heritage plan, the Heritage 
        Council shall consider the interests of diverse units of 
        government, businesses, private property owners, and nonprofit 
        groups within the geographic area.
            (4) Public meetings.--
                    (A) In general.--The Heritage Council shall conduct 
                public meetings at least annually regarding the 
                implementation of the heritage plan.
                    (B) Notice of meeting; minutes.--The Heritage 
                Council shall--
                            (i) place a notice of each such meeting in 
                        a newspaper of general circulation in the 
                        National Heritage Area; and
                            (ii) make the minutes of the meeting 
                        available to the public.

SEC. 107. LAND USE REGULATION.

    (a) Lack of Effect on Authority of Governments.--Nothing in this 
title modifies, enlarges, or diminishes any authority of the Federal, 
State, or local government to regulate any use of land in accordance 
with law (including regulation).
    (b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this 
title grants any power of zoning or land use to the management entity 
for the National Heritage Area.
    (c) BLM Authority.--
            (1) In general.--Nothing in this title modifies, enlarges, 
        or diminishes the authority of the Secretary or the Bureau of 
        Land Management with respect to land under the administrative 
        jurisdiction of the Bureau.
            (2) Cooperation.--In carrying out this title, the Secretary 
        shall work cooperatively in accordance with the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) with 
        the Forest Service, the Heritage Council, State and local 
        governments, and private entities.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to make 
grants and provide technical assistance under subsections (a) and (b), 
respectively, of section 104, and to administer the grants and 
assistance, $1,000,000 for each fiscal year, to remain available until 
expended.
    (b) Annual Allocation for Grants.--For any fiscal year, not less 
than 70 percent of the funds obligated under this title shall be used 
to make grants under section 104(a).
    (c) Cost Sharing.--
            (1) In general.--
                    (A) After establishment of national heritage 
                area.--Federal funding provided under this title, after 
                the date of establishment of the National Heritage 
                Area, for any technical assistance or grant with 
                respect to the Area shall not exceed 50 percent of the 
                total cost of the assistance or grant.
                    (B) Before establishment of national heritage 
                area.--Federal funding provided under this title with 
                respect to an area before the establishment of the area 
                as the National Heritage Area shall 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 considered to be non-
        Federal funding for the 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, funds appropriated or otherwise made available to the 
Secretary to carry out this title--
            (1) shall not be obligated or expended by any person unless 
        the appropriation of the funds has been allocated in the manner 
required by this title; and
            (2) shall not be obligated or expended by any person in 
        excess of the amount required by this title.

         TITLE II--SAN RAFAEL SWELL NATIONAL CONSERVATION AREA

             Subtitle A--Establishment of Conservation Area

SEC. 201. DEFINITION OF MANAGEMENT PLAN.

    In this subtitle, the term ``management plan'' means the management 
plan developed for the Conservation Area under section 203(c), 
including such revisions to the management plan as are required to 
carry out this title.

SEC. 202. ESTABLISHMENT OF CONSERVATION AREA.

    (a) In General.--In order to preserve and maintain heritage, 
tourism, recreational, historical, scenic, archaeological, 
paleontological, biological, cultural, scientific, educational, and 
economic resources, there is established a conservation area to be 
known as the ``San Rafael Swell National Conservation Area''.
    (b) Included Area.--The Conservation Area shall consist of all 
public land 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 the 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.--
            (1) Submission to congress.--As soon as practicable after 
        the date of enactment of this Act, the Secretary shall submit 
        the map referred to in subsection (b) and a legal description 
        of the Conservation Area to the Committee on Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate.
            (2) Force and effect.--The map and legal 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 the map and legal description.
            (3) Public availability.--The map and legal description 
        shall be on file and available for public inspection in the 
        office of the Director and the office of the State Director of 
        the Bureau of Land Management in the State of Utah.
    (d) Withdrawals.--
            (1) Federal land within conservation area.--
                    (A) In general.--Subject to valid existing rights, 
                the Federal land within the Conservation Area is 
                withdrawn from--
                            (i) all forms of entry, appropriation, or 
                        disposal under the public land laws; and
                            (ii) entry, application, and selection 
                        under--
                                    (I) the Act of March 3, 1877 
                                (commonly known as the ``Desert Lands 
                                Act'') (43 U.S.C. 321 et seq.);
                                    (II) section 4 of the Act of August 
                                18, 1894 (commonly known as the ``Carey 
                                Act'') (43 U.S.C. 641);
                                    (III) section 2275 of the Revised 
                                Statutes (43 U.S.C. 851); and
                                    (IV) section 2276 of the Revised 
                                Statutes (43 U.S.C. 852).
                    (B) Return of applications.--The Secretary shall 
                return to the applicants any applications described in 
                subparagraph (A) that are pending on the date of 
                enactment of this Act, without further action.
            (2) Land within conservation area.--Subject to valid 
        existing rights, land within the Conservation Area is withdrawn 
        from location under the general mining laws, the operation of 
        the mineral and geothermal leasing laws, and the operation of 
        the mineral material disposal laws, except that mineral 
        materials subject to disposal may be made available from sites 
        in existence on the date of enactment of this Act to the extent 
        compatible with the purposes for which the Conservation Area is 
        established.
    (e) Closure to Forestry.--Commercial sale of trees, portions of 
trees, and forest products located within the Conservation Area is 
prohibited.

SEC. 203. MANAGEMENT.

    (a) In General.--In consultation with the Advisory Council and 
subject to valid existing rights, the Secretary shall manage the 
Conservation Area to conserve, protect, and enhance the resources of 
the Conservation Area referred to in section 202(a) in accordance with 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.) and other applicable laws.
    (b) Uses.--
            (1) In general.--The Secretary shall allow such uses of the 
        Conservation Area as are specified in the management plan 
        developed under subsection (c) and that the Secretary finds 
will further the conservation, protection, enhancement, public use, and 
enjoyment of the resources referred to in section 202(a).
            (2) Use of motorized vehicles.--Except to the extent 
        necessary for administrative and emergency purposes, the use of 
        motorized vehicles within the Conservation Area shall be 
        permitted only on roads and trails specifically designated for 
        such use as part of the management plan developed under 
        subsection (c).
    (c) Management Plan.--
            (1) In general.--Not 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.
            (2) Public participation; resources.--The management plan--
                    (A) shall be developed with full opportunity for 
                public participation and comment; and
                    (B) shall contain provisions designed to ensure 
                access to, and protection of, the heritage, tourism, 
                recreational, historical, scenic, archaeological, 
                paleontological, biological, cultural, scientific, 
                educational, and economic resources of the Conservation 
                Area.
    (d) Visitors.--
            (1) Visitors' center.--In cooperation with the Advisory 
        Council and such other public or private entities as the 
        Secretary considers appropriate, the Secretary may establish 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 conservation area.--
                    (A) In general.--In addition to the visitors' 
                center, the Secretary may provide for visitor use of 
                the public land within the Conservation Area to such 
                extent and in such manner as the Secretary determines 
                to be consistent with the purposes for which the 
                Conservation Area is established.
                    (B) Maps and materials.--To the maximum 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 are appropriate.
    (e) Cooperative Agreements.--The Secretary may provide such 
technical assistance to, and enter into such cooperative agreements and 
contracts with, the State of Utah and local governments and private 
entities as the Secretary considers appropriate to carry out this 
title.

SEC. 204. ADDITIONS.

    (a) Addition to Conservation Area.--Any land located within the 
boundaries of the Conservation Area that is 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.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall study, identify, and 
        initiate voluntary land exchanges to resolve ownership-related 
        land use conflicts within the Conservation Area.
            (2) Method of acquisition.--Land may be acquired under this 
        subsection only from willing sellers.

SEC. 205. ADVISORY COUNCIL.

    (a) Establishment.--There is established an advisory council, to be 
known as the ``San Rafael Swell National Conservation Area Advisory 
Council'', to advise the Secretary concerning 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 land within the 
        Conservation Area. Of the members--
                    (A) 2 members shall be appointed from among 
                individuals recommended by the Governor of the State of 
                Utah;
                    (B) 4 members shall be appointed from among 
                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 Heritage Council designated under 
                section 106(a);
                    (C) 1 member shall be the Director of the Bureau of 
                Land Management in the State of Utah, or a designee; 
                and
                    (D) 4 members shall be selected by the Secretary.
            (2) Appointment process.--The Secretary shall appoint the 
        members of the Advisory Council in accordance with regulations 
        promulgated by the Secretary.
            (3) Terms.--
                    (A) In general.--The term of members of the 
                Advisory Council shall be a period established by the 
                Secretary that--
                            (i) shall not exceed 4 years; and
                            (ii) except as provided in subparagraph 
                        (B), shall be the same for all members.
                    (B) Initial members.--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 select a Chairperson 
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.--A member of the Advisory Council shall serve 
without pay, except that a member shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from the member's home or regular place 
of business in order to attend any meeting of the Advisory Council 
called by the Secretary or the Chairperson.
    (f) Provision of Advice.--The Advisory Council may provide advice 
to the Secretary with respect to the planning and management of the 
public land within the Conservation Area and such other matters as are 
referred to the Advisory Council by the Secretary.
    (g) Termination.--The Advisory Council shall terminate 10 years 
after the date of enactment of this Act.

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 limits the applicability to land within 
the Conservation Area of laws applicable to public land generally, 
including 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.), and the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001 et seq.).
    (b) Non-BLM Land.--Nothing in this title alters the status of any 
land that on the date of enactment of this Act was not managed by the 
Bureau of Land Management.

SEC. 207. COMMUNICATIONS EQUIPMENT.

    Nothing in this Act prohibits the Secretary from authorizing the 
installation of communications equipment within 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 within the 
Conservation Area, as generally depicted on the map entitled ``San 
Rafael Swell National Heritage/Conservation Area Proposed'', dated June 
12, 1998, are designated as wilderness and 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 Legal Description.--
            (1) Submission to congress.--As soon as practicable after 
        the date of enactment of this Act, the Secretary shall submit a 
        map and a legal description of each area designated as 
        wilderness by subsection (a) to the Committee on Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate.
            (2) Force and effect.--Each map and legal 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 the maps and legal descriptions.
            (3) Public availability.--Each map and legal description 
        shall be on file and available for public inspection in the 
        office of the Director and the office of the State Director of 
        the Bureau of Land Management in the State of Utah.

SEC. 222. ADMINISTRATION OF WILDERNESS AREAS.

    (a) In General.--Subject to valid existing rights, each area 
designated as wilderness by this subtitle shall be administered by the 
Secretary in accordance with this title, title III, and the Wilderness 
Act (16 U.S.C. 1131 et seq.).
    (b) Incorporation of Acquired Land and Interests.--Any land or 
interest in land within the boundaries of an area designated as 
wilderness by this subtitle that is acquired by the United States after 
the date of enactment of this Act shall be added to and administered as 
part of the wilderness area within which the acquired land or interest 
in land is located.
    (c) Management Plans.--As soon as practicable after the date of 
enactment of this Act, the Secretary, in cooperation with the Advisory 
Council, shall develop 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. 223. LIVESTOCK.

    Grazing of livestock within areas designated as wilderness by this 
subtitle, where such grazing is established before the date of 
enactment of this Act--
            (1) shall 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 No. 96-1126.

SEC. 224. WILDERNESS RELEASE.

    (a) Finding.--Congress finds and directs that public land 
administered by the Bureau of Land Management within the Conservation 
Area in the county of Emery, Utah, that is depicted on the map entitled 
``San Rafael Swell National Heritage/Conservation Area Proposed'', 
dated June 12, 1998, has been adequately studied for wilderness 
designation under section 603 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1782).
    (b) Release.--
            (1) In general.--Any public land administered by the Bureau 
        of Land Management within the Conservation Area in the county 
        of Emery, Utah, that is depicted on the map entitled ``San 
        Rafael Swell National Heritage/Conservation Area Proposed'', 
        dated June 12, 1998, and that is not designated as wilderness 
        by this subtitle shall, effective beginning on the date of 
        enactment of this Act, not be subject to section 603(c) of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1782(c)).
            (2) Management.--The land described in paragraph (1) shall 
        be managed--
                    (A) for multiple uses (as defined in section 103 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)); and
                    (B) in accordance with land management plans 
                adopted under section 202 of that Act (43 U.S.C. 1712) 
                and under 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 established within the 
        Conservation Area a management area to be known as the ``San 
        Rafael Swell Desert Bighorn Sheep Management Area'' (referred 
        to in this section as the ``Management Area'').
            (2) Purposes.--The purposes of the Management Area shall 
        be--
                    (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 observation of 
                wildlife, hunting, and scientific study of Desert 
                Bighorn Sheep and their habitat;
                    (C) to provide--
                            (i) a seed source for other Desert Bighorn 
                        Sheep herds; and
                            (ii) a gene pool to protect genetic 
                        diversity within the Desert Bighorn Sheep 
                        species;
                    (D) to provide educational opportunities to the 
                public concerning Desert Bighorn Sheep and their 
                environs; and
                    (E) to maintain the natural qualities of the land 
                and habitat of the Management Area to the extent 
                practicable with prudent management of Desert Bighorn 
                Sheep.
    (b) Included Area.--The Management Area shall consist of 
approximately 73,909 acres of federally owned land and interests in 
land 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 management plan developed for the Management Area 
                under subsection (d); 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, to the extent necessary 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 necessary to provide for the sustainability of the 
        Desert Bighorn Sheep herd and the range resource of the 
        Management Area, including animal transplantation (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 observation.--
                    (A) In general.--Subject to subparagraph (B), in 
                cooperation with the State of Utah and the Advisory 
                Council, the Secretary shall manage the Management Area 
                to provide opportunities for the public to observe 
                Desert Bighorn Sheep in their natural habitat.
                    (B) Limitation.--The Secretary may restrict 
                mechanized and nonmechanized visitation to sensitive 
                areas during critical seasons as necessary 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(c).
            (2) Contents.--The management plan for the Management Area 
        shall establish goals and management measures to be taken 
        within the Management Area to achieve the purposes of the 
        Management Area specified in 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 
        necessary to provide for the management and safety of 
        recreational users of the Management Area.
            (2) Observation sites.--Facilities under this subsection 
        may include improved sheep observation sites around the 
        periphery of the Management Area, if the sites do not interfere 
        with the proper management of the sheep and their habitat.
    (f) Development of Heritage Sites.--This section does not preclude 
the use, 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 specified in subsection (a)(2).

SEC. 232. SEMI-PRIMITIVE NONMOTORIZED USE AREAS.

    (a) Designation and Purposes.--
            (1) Designation.--The Secretary shall designate areas 
        within the Conservation Area as semi-primitive nonmotorized use 
        areas.
            (2) Purposes.--The purposes of the semi-primitive areas 
        shall be--
                    (A) to provide opportunities for isolation from the 
                sights and sounds of humans (including the sights and 
                sounds of motorized vehicles);
                    (B) to provide opportunities to have a high degree 
                of interaction with the natural environment; and
                    (C) to provide opportunities for recreational users 
                to practice outdoor skills in settings that present 
                moderate challenge and risk.
    (b) Included Area.--The semi-primitive areas shall consist of 
approximately 120,695 acres of federally owned land and interests in 
land within 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 of Areas.--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(c).
            (2) Contents.--The management plan for the semi-primitive 
        areas shall establish goals and management measures to be taken 
        within the semi-primitive areas to achieve the purposes 
        specified in subsection (a)(2).
    (e) Development of Heritage Sites.--This section does not preclude 
the use, 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 specified in subsection (a)(2).

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

    (a) Designation and Purpose.--
            (1) Designation.--The Secretary shall designate areas 
        within the Conservation Area as the scenic visual area of 
        critical environmental concern (referred to in this section as 
        the ``scenic visual ACEC'').
            (2) Purpose.--The purpose of the scenic visual ACEC shall 
        be to preserve the scenic value of the Interstate Route 70 
        corridor within the Conservation Area.
    (b) Included Area.--The scenic visual ACEC shall consist of the 
approximately 27,670 acres of land and interests in land within 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--
            (1) shall be subject to all requirements and restrictions 
        that apply to the Conservation Area; and
            (2) 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.--
                    (A) Continuance of grazing.--Except as provided in 
                subsection (b), the Secretary shall permit domestic 
                livestock grazing within areas of the Conservation Area 
                where grazing was established before the date of 
                enactment of this Act.
                    (B) Sole basis for change in grazing.--Grazing in 
                the areas shall 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 
        land within the Conservation Area, and such activities as the 
        Secretary determines to be necessary to carry out proper and 
        practical grazing management programs on the public land (such 
        as animal damage control activities), shall be managed in 
        accordance with--
                    (A) the Act of June 28, 1934 (commonly known as the 
                ``Taylor Grazing Act'') (43 U.S.C. 315 et seq.);
                    (B) section 402 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1752);
                    (C) other laws applicable to livestock grazing and 
                grazing management programs on the public lands; and
                    (D) the management plan for the Conservation Area.
            (3) Certain water facilities not affected.--Nothing in this 
        Act affects the maintenance, repair, replacement, or 
        improvement of, or ingress to or egress from, any water 
        catchment, storage, or conveyance facility in existence before 
        the date of enactment of this Act that is associated with any 
        livestock or wildlife purpose, whether located within or 
        outside 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 authorize the discovery of, shall protect, and 
may interpret cultural or paleontological resources 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) Definitions.--In this section:
            (1) School and institutional trust lands.--The term 
        ``school and institutional trust lands'' means the 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 
        are required to 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 within 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 (28 Stat. 107, chapter 138).
    (b) Authorization of Exchange.--
            (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--
                    (A) the value or economic potential of which may be 
                diminished by establishment of the Conservation Area; 
                and
                    (B) that the State would like to exchange for other 
                Federal land 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 paragraph (1), and after 
        seeking the advice of the Governor of the State of Utah on 
        potential lands for exchange, the Secretary shall submit to the 
        Governor a list of Federal lands or interests in land in the 
        State of Utah that the Secretary determines to be approximately 
        equal in value to the land described in paragraph (1), and 
        shall offer the Federal lands or interests in land for exchange 
        to the State for the land described in paragraph (1).
    (c) Equal Value.--
            (1) In general.--In preparing the list under subsection 
        (b)(2), the Secretary shall take such steps as are necessary 
        and reasonable to ensure that the State of Utah agrees that the 
        Federal lands or interests in land offered by the Secretary are 
        approximately equal in value to the lands identified and 
        described by the State under subsection (b)(1).
            (2) Accounting for revenue sharing.--If the State of Utah 
        shares revenue from the lands and interests in land to be 
        acquired by the State under this section, the value of the 
        lands and interests shall be the value established under this 
        section, reduced by a percentage that represents the Federal 
        revenue sharing obligation. The amount of the reduction shall 
        not be considered to be a property right of the State of Utah.
    (d) Public Interest.--The exchange of lands included in the list 
prepared under subsection (b)(2) shall be deemed to satisfy the 
requirement of section 206(a) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716) that exchanges of lands be in the public 
interest.

SEC. 304. WATER RIGHTS.

    (a) Findings.--Congress finds that--
            (1) the San Rafael Swell region of Utah has 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 instream flow right in the 
        San Rafael River; and
            (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 areas, 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 constitutes an express or implied Federal reservation of 
water or water rights for any purpose arising from the designation of 
any area 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.--
            (1) In general.--The United States may acquire and exercise 
        such water rights as the United States determines to be 
        necessary to carry out its responsibilities on any land 
        designated as part of the Conservation Area under this Act in 
        accordance with the substantive and procedural requirements of 
        the State of Utah.
            (2) Eminent domain.--Nothing in this Act authorizes the use 
        of the power of eminent domain by the United States to acquire 
        water rights for land described in paragraph (1).
            (3) Substantive and procedural requirements.--Within any 
        land 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 Under Utah Law.--Nothing in this Act 
limits the exercise of water rights as provided under the law of the 
State of Utah.
    (e) Colorado River.--Nothing in this Act--
            (1) affects the operation of any private, local, State, or 
        federally owned dam, reservoir, or other water works on the 
        Colorado River or any tributary of the river, that is in 
        existence on the date of enactment of this Act; or
            (2) alters, amends, construes, supersedes, or preempts--
                    (A) any local, State, or Federal law;
                    (B) any private, local, or State agreement entered 
                into before the date of enactment of this Act; or
                    (C) any interstate compact or international treaty;
        pertaining to the waters of the Colorado River or any tributary 
        of the river.

SEC. 305. MISCELLANEOUS.

    (a) State Fish and Wildlife Management.--In accordance with section 
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
Act affects the jurisdiction or responsibilities of the State of Utah 
with respect to fish and wildlife management activities, including 
water development, predator control, transplantation of animals, fish 
stocking, hunting, fishing, and trapping.
    (b) Prohibition on Buffer Zones.--
            (1) In general.--Congress--
                    (A) does not intend that the designation of an area 
                under 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; and
                    (B) intends that any protective perimeter or buffer 
                zone be located wholly within such an area.
            (2) Activities seen or heard.--The fact that nonconforming 
        activities or uses can be seen or heard from land within an 
        area described in paragraph (1)(A) shall not, of itself, 
        preclude those activities or uses outside and up to the 
        boundaries of the area.
            (3) Assessment of degradation.--Nonconforming activities 
        that occur outside the boundaries of an area described in 
        paragraph (1)(A) 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, in any case in which 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 to 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) In general.--Subject to valid existing rights, 
        reasonable access described in paragraph (2) shall be allowed 
        to improvements, structures, and facilities in existence on the 
        date of enactment of this Act (including those related to water 
        and grazing resources) that are within the Conservation Area or 
        a wilderness or semi-primitive area designated under this Act, 
        whether located on Federal or non-Federal land, in order that 
        they may be operated, maintained, repaired, modified, or 
        replaced as necessary.
            (2) Reasonable access.--The reasonable access referred to 
        in paragraph (1)--
                    (A) consists of a right of entry; and
                    (B) includes access by motorized transport when 
                necessarily, customarily, or historically employed on 
                routes in existence as of the date of enactment of this 
                Act.
    (e) Land Acquisition by Exchange or Purchase.--
            (1) In general.--The Secretary shall offer to acquire from 
        non-governmental entities land and interests in land located in 
        or adjacent to the Conservation Area or a wilderness or semi-
        primitive area designated under this Act.
            (2) Method of acquisition.--Land 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) (as in effect before October 21, 1976).
            (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 that section as to whether the highway, 
        road, right-of-way, or trail exists.
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