[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 357 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 357

    To authorize the Bureau of Land Management to manage the Grand 
     Staircase-Escalante National Monument, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 1997

  Mr. Bennett (for himself, Mr. Hatch, Mr. Murkowski, Mr. Craig, Mr. 
 Burns, and Mr. Thomas) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To authorize the Bureau of Land Management to manage the Grand 
     Staircase-Escalante National Monument, 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 ``Grand Staircase-Escalante Resource 
Protection Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the designation of the Grand Staircase-Escalante 
        National Monument applies only to Federal land within the 
        boundary of the Monument;
            (2) multiple use has been and continues to be the guiding 
        principle in the management of public land;
            (3) in accordance with Proclamation 6920, issued by the 
        President on September 18, 1996 (61 Fed. Reg. 50223 (1996), 
        Federal land within the Monument should remain open for 
        multiple uses;
            (4) the United States should not lay claim to Federal water 
        rights in lands within the Monument except in accordance with 
        the substantive and procedural requirements of the State of 
        Utah, and designation of the Monument and enactment of this Act 
        should not impair exercise of water rights by the State of 
        Utah;
            (5) mining revenues from Federal and State School and 
        Institutional Trust Lands have generated considerable revenues 
        for Utah schools;
            (6) an estimated 176,000 acres of surface land containing 
        significant coal and other resources managed by the School and 
        Institutional Trust Lands Administration for the benefit of 
        Utah's school children are located within the boundary of the 
        Monument;
            (7) the creation of the Monument must not come at the 
        expense of Utah's school children;
            (8) designation of the Monument will produce a considerable 
        loss of future Federal royalties, State royalties, and school 
        trust royalties resulting in significant revenue loss to Utah's 
        school children; and
            (9) the lack of congressional, State, and local 
        consultation prior to designation of the Monument and the 
        failure of the Proclamation to establish a specific boundary 
        for the Monument are certain to give rise to disputes that will 
        require boundary adjustments.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``advisory committee'' 
        means the Grand Staircase-Escalante National Monument Advisory 
        Committee established under section 12.
            (2) Director.--The term ``Director'' means the Director of 
        the Bureau of Land Management.
            (3) Existing.--The term ``existing'' means in existence as 
        of September 18, 1996.
            (4) Management plan.--The term ``management plan'' means 
        the management plan for the Monument submitted to Congress 
        under section 9.
            (5) Monument.--The term ``Monument'' means the Grand 
        Staircase-Escalante National Monument established by 
        Proclamation of the President on September 18, 1996.
            (6) Multiple use.--The term ``multiple use'' has the 
        meaning given in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Special management area.--The term ``special management 
        area'' means an area that is managed by the Secretary in 
        accordance with the principles of multiple use and sustained 
        yield in accordance with this Act.
            (9) Sustained yield.--The term ``sustained yield'' has the 
        meaning given in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702).

SEC. 4. MANAGEMENT OF THE MONUMENT.

    (a) Special Management Area.--
            (1) In general.--The Monument shall be managed by the 
        Secretary as a special management area in accordance with this 
        Act.
            (2) Multiple use and sustained yield.--The Secretary shall 
        manage the resources within the Monument in accordance with the 
        principles of multiple use and sustained yield (including 
        recreation, range, timber, minerals, oil and gas, watershed, 
        wildlife, fish, and natural scenic, scientific, and historical 
        values), using principles of economic and ecologic 
        sustainability.
            (3) Protection of resources.--The Secretary shall provide 
        for the protection, interpretation, and responsible use of 
        Monument resources.
            (4) Economic sustainability.--The Secretary shall manage 
        the Monument resources in a way that provides for economic 
        sustainability of local communities.
    (b) Management Authority.--
            (1) Delegation to the director.--The Secretary shall 
        delegate authority to manage the Monument to the Director.
            (2) Lead agency.--The Bureau of Land Management shall be 
        the lead agency in all management decisions concerning the 
        Monument, pursuant to all applicable legal authorities, and 
        shall act in consultation with other Federal agencies, State 
        and local government authorities, and the advisory committee.
    (c) Future Action.--Nothing in this Act precludes the revocation of 
the Proclamation 6920 by Act of Congress or by Executive order, but, so 
long as land within the Monument remains subject to designation as a 
national monument under Proclamation 6920, any successor proclamation, 
or an Act of Congress, the Monument shall be managed in accordance with 
this Act.

SEC. 5. VALID EXISTING RIGHTS AND USES.

    (a) Exercise of Valid Existing Rights.--
            (1) In general.--The Secretary shall recognize and give due 
        deference to the exercise of any valid existing right, lease, 
        permit, or authorization under any law, including--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (B)(i) sections 2319-28, 2331, 2333-2337, and 2344 
                of the Revised Statutes (commonly known as the 
                ``General Mining Law of 1872'') (30 U.S.C. 22-24, 26-
                28, 29-30, 33-35, 37, 39-42, 47); and
                    (ii) the Act entitled ``An Act to promote the 
                mining of coal, phosphate, oil, oil shale, gas, and 
                sodium on the public domain'', approved February 25, 
                1920 (commonly known as the ``Mineral Lands Leasing Act 
                of 1920'') (30 U.S.C. 181 et seq.);
                    (C) section 2477 of the Revised Statutes (43 U.S.C. 
                932) (to the extent of any rights-of-way existing on 
                October 21, 1976);
                    (D) the Act of June 28, 1934 (48 Stat. 1269, 
                chapter 865; 43 U.S.C. 315 et seq.) (commonly known as 
                the ``Taylor Grazing Act'');
                    (E) the Surface Mining Control and Reclamation Act 
                of 1977 (30 U.S.C. 1201 et seq.); and
                    (F) any other applicable law.
            (2) No restriction.--Neither designation of the Monument 
        nor adoption and implementation of the applicable management 
        plan shall restrict or prevent the exercise of valid existing 
        rights by persons that exercise those rights in compliance with 
        all applicable laws.
    (b) Roads and Rights-of-Way.--The Secretary shall permit routine 
maintenance and improvement of roads and rights-of-way within Monument 
boundaries to ensure public safety and a high-quality visitor 
experience.
    (c) Takings.--Any valid existing right determined to be taken as a 
result of designation of the Monument shall be subject to compensation 
by the Secretary.

SEC. 6. RANGE MANAGEMENT.

    (a) Grazing of Livestock.--Grazing of livestock within the Monument 
shall continue and shall not be curtailed by reason of designation of 
the Monument. Designation of the Monument shall not affect existing 
grazing leases, grazing permits, and levels of livestock grazing within 
the Monument.
    (b) Water Rights.--The Secretary shall not require a grazing 
permittee or grazing lessee to transfer or relinquish any part of the 
permittee's or lessee's water right to another person (including the 
United States) as a condition of granting, renewing, or transferring a 
grazing permit or grazing lease.

SEC. 7. WITHDRAWALS.

    No existing withdrawal, reservation, or appropriation shall be 
revoked except in accordance with section 204 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1714).

SEC. 8. NO FEDERAL RESERVATION OF WATER RIGHT.

    (a) No Federal Reservation.--Nothing in this Act, any other Act, or 
any action taken under any Act creates an expressed or implied 
reservation of water rights in the United States for any purpose.
    (b) Acquisition and Exercise of Water Rights Under Utah Law.--
            (1) Acquisition.--The United States may acquire such water 
        rights as the Secretary considers to be necessary to carry out 
        responsibilities of the Secretary with respect to any land 
        within the Monument only in accordance with the substantive and 
        procedural requirements of the law of the State of Utah.
            (2) Exercise.--Any rights to water granted under the law of 
        the State of Utah may be exercised only in accordance with the 
        substantive and procedural requirements of the law of the State 
        of Utah.
            (3) Eminent domain.--Nothing in this Act authorizes the use 
        of the power of eminent domain by the United States to acquire 
        water rights on land within the Monument.
    (c) Facilities Not Affected.--Nothing in this Act or any other Act 
relating to management of land within the Monument authorizes any 
action to be taken that may affect the capacity, operation, repair, 
construction, maintenance, modification, or repair of municipal, 
agricultural, livestock, or wildlife water facilities within or outside 
the Monument or water resources that flow through the Monument.
    (d) Water Resource Projects.--Nothing in this Act or any other Act 
relating to management of land within the Monument limits, or 
establishes any matter to be taken into consideration in connection 
with approval or denial by any Federal official of access to, or use 
of, the Federal land within or outside the Monument for development and 
operation of water resource projects (including reservoir projects).

SEC. 9. MANAGEMENT PLAN.

    (a) Management in Accordance With FLPMA.--
            (1) In general.--Not later than September 18, 1999, the 
        Secretary shall submit to Congress a management plan for the 
        Monument.
            (2) Multiple use and sustained yield.--In the development 
        and revision of the management plan, the Secretary shall use 
        and observe the principles of multiple use and sustained yield 
        and shall use a systematic interdisciplinary approach to 
        achieve integrated consideration of physical, biological, 
        economic, and other sciences.
    (b) Requirements.--In the management plan, the Secretary shall 
specifically address--
            (1) the multiple uses of all of the resources of the 
        Monument (including recreation, range, timber, mineral, oil and 
        gas, watershed, wildlife, fish, and natural scenic, scientific, 
        and historical resources) in a responsible manner, under all 
        applicable laws and authorities; and
            (2) the economic impacts of the Monument on the economies 
        of local communities.
    (c) Notice and Comment.--The management plan shall be made 
available for public review and comment as required by law.
    (d) Utilization of Monument Resources.--Development and utilization 
of resources within the Monument shall be authorized if--
            (1) the President or Congress determines it to be in the 
        interests of the United States; or
            (2) in case of a national emergency.
    (e) Interim Management Plan.--
            (1) In general.--Not later than 45 days after the date of 
        enactment of this Act, the Secretary shall modify any 
        guidelines in existence on the date of enactment of this Act 
        regarding management of the Monument to conform to the 
        requirements of this Act.
            (2) Pending applications.--No lease on land within the 
        Monument with respect to which an application of any kind was 
        pending on September 18, 1996, or is pending on the date of 
        enactment of this Act shall expire if the Secretary has not 
        acted on the application.

SEC. 10. STATE JURISDICTION WITH RESPECT TO FISH AND WILDLIFE.

    Nothing in this Act--
            (1) affects the jurisdiction or responsibilities of the 
        State of Utah with respect to fish and wildlife management 
        activities (including hunting, fishing, trapping, predator 
        control, and the stocking or transplanting of fish and 
        wildlife); or
            (2) precludes the State of Utah from developing water 
        resources for fish and wildlife purposes under State law.

SEC. 11. SCHOOL TRUST LANDS EXCHANGE.

    (a) Expedition of Exchanges.--The Secretary shall provide necessary 
resources to expedite all exchanges of school trust lands within the 
Monument when sought by the School and Institutional Trust Lands 
Administration of the State of Utah.
    (b) Valuation.--The Secretary shall value school trust land 
sections as if surrounding unencumbered Federal lands were available 
for mineral development, and all reasonable differences in valuation 
shall be resolved in favor of the school trust.
    (c) Analysis of Lost Royalties.--Not later than 45 days after the 
date of enactment of this Act, the Secretary shall submit to Congress 
an analysis of the loss of Federal royalties that can be expected to 
result from designation of the Monument, based on research compiled by 
the United States Geological Survey.
    (d) Access to State Sections.--The Secretary shall not deny access 
to school trust lands within the Monument by agencies of the State of 
Utah and designated permittees of those agencies.

SEC. 12. ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish and convene a 
meeting of an advisory committee to be known as the ``Grand Staircase-
Escalante National Monument Advisory Committee''.
    (b) Duties and Responsibilities.--The advisory committee shall 
advise the Secretary, the Director, and the Governor of the State of 
Utah concerning the development, management, and interpretation of 
Monument resources and the development, exchange, or disposal of State 
school trust lands.
    (c) Membership.--The advisory committee shall consist of--
            (1) the Secretary, the Governor of the State of Utah, the 
        member of the House of Representatives from the third 
        congressional district, and the 2 members of the Senate from 
        the State of Utah; and
            (2) 10 members appointed by the Secretary of the Interior 
        from among persons recommended by the Governor of Utah, 
        including--
                    (A) 1 representative of agricultural interests;
                    (B) 1 representative of mining and oil and gas 
                interests;
                    (C) 1 representative of recreational interests;
                    (D) 1 representative of environmental interests;
                    (E) 1 representative of the School Institutional 
                Trust Lands Administration of the State of Utah;
                    (F) 1 representative of the Department of Natural 
                Resources of the State of Utah;
                    (G) 1 representative of other agencies of the State 
                of Utah;
                    (H) 1 representative of local communities;
                    (I) 1 representative of Native Americans; and
                    (J) 1 representative of the public at large.
    (d) Terms.--A member of the advisory committee shall serve for a 
term not to exceed 5 years, determined by the Secretary in consultation 
with the Governor of the State of Utah, and may serve more than 1 term.
    (e) Vacancies.--A vacancy on the advisory committee shall be filled 
in the same manner as the original appointment is made. A member of the 
advisory committee may serve until a successor is appointed.
    (f) Chairperson.--The advisory committee shall select 1 member to 
serve as chairperson.
    (g) Meetings.--The advisory committee shall meet regularly.
    (h) Quorum.--A majority of members shall constitute a quorum.
    (i) Compensation.--Members of the advisory committee shall serve 
without compensation, except that members shall be entitled to 
reimbursement of travel expenses including per diem while engaged in 
the business of the advisory committee, in accordance with section 5703 
of title 5, United States Code.

SEC. 13. MONUMENT PLANNING TEAM.

    The Secretary shall provide that the Monument planning team formed 
by the Secretary to prepare the management plan for the Monument 
includes at least 5 persons appointed by the Governor of the State of 
Utah to represent the State and local governments.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to--
            (1) provide for development and implementation of 
        management plans, protection of Monument resources, visitor 
        services and facilities, law enforcement, public safety, 
        additional payments in lieu of taxes to impacted counties, 
        economic mitigation, and the operation of the Monument advisory 
        committee; and
            (2) facilitate the exchange of school trust lands.
                                 <all>