[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3605 Reported in House (RH)]






                                                 Union Calendar No. 357
106th CONGRESS
  2d Session
                                H. R. 3605

                          [Report No. 106-647]

  To establish the San Rafael Western Legacy District in the State of 
                     Utah, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2000

Mr. Cannon (for himself and Mr. Hansen) introduced the following bill; 
            which was referred to the Committee on Resources

                              June 6, 2000

    Additional sponsors: Mr. Maloney of Connecticut, Mr. Weldon of 
 Pennsylvania, Mr. Pallone, Mr. Gallegly, Mr. Gejdenson, Mr. Delahunt, 
 Mr. Tierney, Mr. Packard, Mr. Weiner, Mr. Peterson of Minnesota, Mr. 
  Doyle, Ms. Hooley of Oregon, Mr. Farr of California, Mr. Cook, Mr. 
Franks of New Jersey, Mr. Campbell, Mr. Goodling, Mr. Hefley, Mr. Smith 
of Washington, Mr. Calvert, Mr. King, Mr. Kucinich, Ms. Pryce of Ohio, 
    Mr. Ramstad, Mr. Udall of Colorado, Mr. Metcalf, and Ms. Woolsey

                              June 6, 2000

  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 
                           February 9, 2000]

_______________________________________________________________________

                                 A BILL


 
  To establish the San Rafael Western Legacy District 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 Western Legacy District 
and National Conservation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``Conservation Area'' 
        means the San Rafael National Conservation Area established by 
        section 201.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Western legacy district.--The term ``Western Legacy 
        District'' means the San Rafael Western Legacy District 
        established by section 101.

              TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT

SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL WESTERN LEGACY DISTRICT.

    (a) In General.--In order to promote the preservation, 
conservation, interpretation, scientific research, and development of 
the historical, cultural, natural, recreational, archeological, 
paleontological, environmental, biological, educational, wilderness, 
and scenic resources of the San Rafael region of the State of Utah, as 
well as the economic viability of rural communities in the region, 
there is hereby established the San Rafael Western Legacy District, to 
include the San Rafael National Conservation Area established by 
section 201.
    (b) Areas Included.--The Western Legacy District shall consist of 
approximately 2,842,800 acres of land in the County of Emery, Utah, as 
generally depicted on the map entitled ``San Rafael Western Legacy 
District and National Conservation Area'' and dated ______________.
    (c) Map and Legal Description.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall submit to the 
Congress a map and legal description of the Western Legacy District. 
The map and legal description shall have the same force and effect as 
if included in this Act, except the Secretary may correct clerical and 
typographical errors in such map and legal description. Copies of the 
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 in the appropriate office of the Bureau of the Land 
Management in Utah.
    (d) Legacy Council.--
            (1) In general.--The Secretary shall establish a Legacy 
        Council to advise the Secretary with respect to the Western 
        Legacy District. The Legacy Council may furnish advice and 
        recommendations to the Secretary with respect to management, 
        grants, projects, and technical assistance.
            (2) Membership.--The Legacy Council shall consist of not 
        more than 10 members appointed by the Secretary. Two members 
        shall be appointed from among the recommendations submitted by 
        the Governor of Utah and 2 members shall be appointed from 
        among the recommendations submitted by the Emery County 
        Commissioners. The remaining members shall be persons 
        recognized as experts in conservation of the historical, 
        cultural, natural, recreational, archeological, environmental, 
        biological, educational, and scenic resources or other 
        disciplines directly related to the purposes for which the 
        Western Legacy District is established.
            (3) Relationship to other law.--The establishment and 
        operation of the Legacy Council established under this section 
        shall conform to the requirement of the Federal Advisory 
        Committee Act (5 U.S.C. App.) and the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Assistance.--
            (1) In general.--The Secretary may make grants and provide 
        technical assistance to accomplish the purposes of this section 
        to any nonprofit or unit of government with authority in the 
        boundaries of the Western Legacy District.
            (2) Permitted uses.--Grants and technical assistance made 
        under this section may be used for planning, reports, studies, 
        interpretive exhibits, historic preservation projects, 
        construction of cultural, recreational, educational, and 
        interpretive facilities that are open to the public, and such 
        other expenditures as are consistent with this Act.
            (3) Planning.--Up to $100,000 of amounts available to carry 
        out this section each fiscal year, up to a total amount not to 
        exceed $200,000, may be provided under this subsection only to 
        a unit of government or a political subdivision of the State of 
        Utah for use for planning activities.
            (4) Matching funds.--Federal funding provided under this 
        section may not exceed 50 percent of the total cost of the 
        activity carried out with such funding, except that non-Federal 
        matching funds are not required with respect to--
                    (A) planning activities carried out with assistance 
                under paragraph (3); and
                    (B) use of assistance under this section for 
                facilities located on public lands and that are owned 
                by the Federal Government.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated under this section not more than $1,000,000 
        annually for any fiscal year, not to exceed a total of 
        $10,000,000.

SEC. 102. MANAGEMENT AND USE OF THE SAN RAFAEL WESTERN LEGACY DISTRICT.

    (a) In General.--The Secretary, through the Bureau of Land 
Management and subject to all valid existing rights, shall administer 
the public lands within the Western Legacy District pursuant to this 
Act and the applicable provisions of the Federal Land Policy and 
Management Act (43 U.S.C. 1701 et seq.). The Secretary shall allow such 
uses of the public land as the Secretary determines will further the 
purposes for which the Western Legacy District was established.
    (b) Fish and Wildlife.--Nothing in this Act shall be construed as 
affecting the jurisdiction or responsibilities of the State of Utah 
with respect to fish and wildlife within the Western Legacy District.
    (c) Private Lands.--Nothing in this Act shall be construed as 
affecting private property rights within the Western Legacy District.
    (d) Public Lands.--Nothing in this Act shall be construed as in any 
way diminishing the Secretary's or the Bureau of Land Management's 
authorities, rights, or responsibilities for managing the public lands 
within the Western Legacy District.

            TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA

SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL CONSERVATION AREA.

    (a) Purposes.--In order to conserve, protect, and enhance for the 
benefit and enjoyment of present and future generations the unique and 
nationally important values of the Western Legacy District and the 
public lands described in subsection (b), including historical, 
cultural, natural, recreational, scientific, archeological, 
paleontological, environmental, biological, wilderness, wildlife, 
educational, and scenic resources, there is hereby established the San 
Rafael National Conservation Area in the State of Utah.
    (b) Areas Included.--The Conservation Area shall consist of 
approximately 947,000 acres of public lands in the County of Emery, 
Utah, as generally depicted on the map entitled ``San Rafael Western 
Legacy District and National Conservation Area'' and dated ________. 
Notwithstanding any depiction on such map, the boundary of the 
Conservation Area shall be set back 300 feet from the edge of the 
Interstate 70 right-of-way and 300 feet from the edge of the State 
Route 24 right-of-way.
    (c) Map and Legal Description.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall submit to the 
Congress a map and legal description of the Conservation Area. The map 
and legal description shall have the same force and effect as if 
included in this Act, except the Secretary may correct clerical and 
typographical errors in such map and legal description. Copies of the 
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 in the appropriate office of the Bureau of Land 
Management in Utah.

SEC. 202. MANAGEMENT OF THE SAN RAFAEL NATIONAL CONSERVATION AREA.

    (a) Management.--The Secretary, acting through the Bureau of Land 
Management, shall manage the Conservation Area in a manner that 
conserves, protects, and enhances its resources and values, including 
those resources and values specified in section 201(a), and pursuant to 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), and other applicable provisions of law, including this Act.
    (b) Uses.--The Secretary shall allow only such uses of the 
Conservation Area as the Secretary finds will further the purposes for 
which the Conservation Area is established.
    (c) Vehicular Uses.--
            (1) In general.--Except where needed for administrative 
        purposes or to respond to an emergency, and subject to 
        paragraph (2), use of motorized vehicles in the Conservation 
        Area shall be--
                    (A) prohibited at all times in areas where roads 
                and trails did not exist as of February 2, 2000;
                    (B) limited to roads and trails that--
                            (i) existed as of February 2, 2000; and
                            (ii) are designated for motorized vehicle 
                        use as part of the management plan prepared 
                        pursuant to subsection (f); and
                    (C) managed consistent with section 8340 of title 
                43, Code of Federal Regulations (relating to 
                designating public lands as open, limited, or closed to 
                the use of off-road vehicles and establishing controls 
                governing the use and operation of off-road vehicles in 
                such areas).
            (2) Limitation on application.--(A) Subparagraphs (A) and 
        (B) of paragraph (1) do not limit the provision of reasonable 
        access to private lands or State lands within the Conservation 
        Area.
            (B) Any access to private lands or State lands pursuant to 
        subparagraph (A) of this paragraph shall be restricted to 
        exclusive use by, respectively, the owner of the private lands 
        or the State.
    (d) Withdrawals.--
            (1) In general.--Subject to valid existing rights and 
        except as provided in paragraph (2), all Federal lands within 
        the Conservation Area and all lands and interests therein that 
        are hereafter acquired by the United States are hereby 
        withdrawn from all forms of entry, appropriation, or disposal 
        under the public land laws and from location, entry, and patent 
        under the mining laws, and from operation of the mineral 
        leasing and geothermal leasing laws and all amendments thereto. 
        Nothing in this paragraph shall be construed to effect 
        discretionary authority of the Secretary under other Federal 
        laws to grant, issue, or renew rights-of-way or other land use 
        authorizations consistent with the other provisions of this 
        Act.
            (2) Communication facilities.--The Secretary may authorize 
        the installation of communications facilities within the 
        Conservation Area, but only to the extent that they are 
        necessary for public safety purposes. Such facilities must have 
        a minimal impact on the resources of the Conservation Area and 
        must be consistent with the management plan established under 
        subsection (f).
    (e) Hunting, Trapping, and Fishing.--Hunting, trapping, and fishing 
shall be permitted within the Conservation Area in accordance with 
applicable laws and regulations of the United States and the State of 
Utah, except that the Utah Division of Wildlife Resources, or the 
Secretary after consultation with the Utah Division of Wildlife 
Resources, may issue regulations designating zones where and 
establishing periods when no hunting, trapping, or fishing shall be 
permitted for reasons of public safety, administration, or public use 
and enjoyment.
    (f) Management Plan.--Within 4 years after the date of enactment of 
this Act, the Secretary shall develop a comprehensive plan for the 
long-range protection and management of the Conservation Area. The plan 
shall describe the appropriate uses and management of the Conservation 
Area consistent with the provisions of this Act. The plan shall 
include, as an integral part, a comprehensive transportation plan for 
the lands within the Conservation Area. In preparing the transportation 
plan the Secretary shall conduct a complete review of all roads and 
trails within the Conservation Area. The plan may incorporate 
appropriate decisions contained in any current management or activity 
plan for the area and may use information developed in previous studies 
of the lands within or adjacent to the Conservation Area.
    (g) State Trust Lands.--The State of Utah and the Secretary may 
agree to exchange Federal lands, Federal mineral interests, or payment 
of money for lands and mineral interests of approximately equal value 
that are managed by the Utah School and Institutional Trust Lands 
Administration and inheld within the boundaries of the Conservation 
Area.
    (h) Access.--The Bureau of Land Management, the State of Utah, and 
Emery County may agree to resolve section 2477 of the Revised Statutes 
and other access issues within the Conservation Area.
    (i) Wildlife Management.--Nothing in this Act shall be deemed to 
diminish the responsibility and authority of the State of Utah for 
management of fish and wildlife within the Conservation Area.
    (j) Grazing.--Where the Secretary of the Interior currently permits 
grazing, such grazing shall be allowed subject to all applicable laws, 
regulations, and executive orders.
    (k) No Buffer Zones.--The Congress does not intend for the 
establishment of the Conservation Area to lead to the creation of 
protective perimeters or buffer zones around the Conservation Area. The 
fact that there may be activities or uses on lands outside the 
Conservation Area that would not be permitted in the Conservation Area 
shall not preclude such activities or uses on such lands up to the 
boundary of the Conservation Area consistent with other applicable 
laws.
    (l) Water Rights.--Because the available water resources in the 
drainage basins included in part within the exterior boundaries of the 
Conservation Area have already been appropriated--
            (1) nothing in this Act, the management plan required by 
        subsection (f), or any action taken pursuant thereto, shall 
        constitute either an express or implied reservation of surface 
        or ground water;
            (2) nothing in this Act affects any valid existing water 
        rights in existence before the date of enactment of this Act, 
        including any water rights held by the United States; and
            (3) if the United States determines that additional water 
        resources are needed for the purposes of this Act, the United 
        States shall work, with or through any agency that is eligible 
        to hold instream flow water rights, to acquire such rights in 
        accordance with Utah State water law.
    (m) Wilderness Acts.--Nothing in this Act alters the provisions of 
the Wilderness Act of 1964 (16 U.S.C. 1131) or the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.) as they pertain to 
wilderness resources within the Conservation Area. Recognizing that the 
designation of wilderness areas requires an Act of Congress, the Bureau 
of Land Management, the State of Utah, Emery County, and affected 
stakeholders may work toward resolving various wilderness issues within 
the Conservation Area.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this title such sums as may be necessary.
                                                 Union Calendar No. 357

106th CONGRESS

  2d Session

                               H. R. 3605

                          [Report No. 106-647]

_______________________________________________________________________

                                 A BILL

  To establish the San Rafael Western Legacy District in the State of 
                     Utah, and for other purposes.

_______________________________________________________________________

                              June 6, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed