[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2048 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2048

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2000

Mr. Hatch (for himself and Mr. Bennett) 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 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``San Rafael Western 
Legacy District and National Conservation Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
              TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT

Sec. 101. Establishment of the San Rafael Western Legacy District.
Sec. 102. Management and use of the San Rafael Western Legacy District.
            TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA

Sec. 201. Designation of the San Rafael National Conservation Area.
Sec. 202. Management of the San Rafael National Conservation Area.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to promote--
                    (A) the preservation, conservation, interpretation, 
                scientific research, and development of the historical, 
                cultural, natural, recreational, archaeological, 
                paleontological, environmental, biological, 
                educational, wilderness, and scenic resources of the 
                San Rafael region of the State of Utah; and
                    (B) the economic viability of rural communities in 
                the San Rafael region; and
            (2) to conserve, protect, and enhance for the benefit and 
        enjoyment of present and future generations of people the 
        unique and nationally important values of the Western Legacy 
        District and the public land described in section 201(b) 
        (including historical, cultural, natural, recreational, 
        scientific, archaeological, paleontological, environmental, 
        biological, wilderness, wildlife, educational, and scenic 
        resources).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``Conservation Area'' 
        means the San Rafael National Conservation Area established by 
        section 201(a).
            (2) Legacy council.--The term ``Legacy Council'' means the 
        council established under section 101(d).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Conservation Area required to be 
        developed under section 202(e).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Bureau of 
        Land Management.
            (5) Western legacy district.--The term ``Western Legacy 
        District'' means the San Rafael Western Legacy District 
        established by section 101(a).

              TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT

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

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

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

    (a) In General.--The Secretary shall administer the public land 
within the Western Legacy District in accordance with--
            (1) this Act; and
            (2) the applicable provisions of the Federal Land Policy 
        and Management Act (43 U.S.C. 1701 et seq.).
    (b) Use of Public Land.--The Secretary shall allow such uses of the 
public land as the Secretary determines will further the purposes for 
which the Western Legacy District is established.
    (c) Effect of Act.--Nothing in this Act--
            (1) affects the jurisdiction or responsibilities of the 
        State of Utah with respect to fish and wildlife in the Western 
        Legacy District;
            (2) affects private property rights within the Western 
        Legacy District; or
            (3) diminishes the authority, rights, or responsibilities 
        of the Secretary for managing the public land within the 
        Western Legacy District.

            TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA

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

    (a) Purposes.--There is established the San Rafael National 
Conservation Area in the State of Utah.
    (b) Areas Included.--
            (1) In general.--Except as provided in paragraph (2), the 
        Conservation Area shall consist of approximately 947,000 acres 
        of public land in Emery County, Utah, as generally depicted on 
        the map entitled ``San Rafael Swell Western Legacy District and 
        National Conservation Area'' and dated ________.
            (2) Boundary.--The boundary of the Conservation Area shall 
        be set back 300 feet from the edge of the Interstate Route 70 
        right-of-way.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        map and legal description of the Conservation Area.
            (2) Effect.--The map and legal description shall have the 
        same effect as if included in this Act, except that the 
        Secretary may correct errors in the map and legal description.
            (3) Copies.--Copies of the map and legal description shall 
        be on file and available for public inspection in--
                    (A) the Office of the Director of the Bureau of 
                Land Management; and
                    (B) the appropriate office of the Bureau of Land 
                Management in the State of Utah.

SEC. 202. MANAGEMENT OF THE CONSERVATION AREA.

    (a) Management.--The Secretary shall manage the Conservation Area 
in a manner that--
            (1) conserves, protects, and enhances the resources and 
        values of the Conservation Area, including the resources and 
        values specified in section 2(2); and
            (2) is consistent with--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (B) other applicable provisions of law (including 
                this Act).
    (b) Uses.--
            (1) In general.--The Secretary shall allow only such uses 
        of the Conservation Area as the Secretary finds will further 
        the purposes for which the Conservation Area was established.
            (2) Motorized vehicles.--Except where needed for 
        administrative purposes or to respond to an emergency, use of 
        motorized vehicles in the Conservation Area shall be permitted 
        only on roads and trails designated for use of motorized 
        vehicles as part of the management plan.
    (c) Withdrawals.--
            (1) In general.--Subject to valid existing rights and 
        except as provided in paragraph (2), all Federal land within 
        the Conservation Area and all land and interests in land that 
        are acquired by the United States after the date of enactment 
        of this Act are withdrawn from--
                    (A) all forms of entry, appropriation, or disposal 
                under the public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing and geothermal 
                leasing laws.
            (2) Communication facilities.--
                    (A) In general.--The Secretary may authorize the 
                installation of communication facilities within the 
                Conservation Area only to the extent that the 
                facilities are necessary for public safety purposes.
                    (B) Minimal impact.--Communication facilities 
                shall--
                            (i) have a minimal impact on the resources 
                        of the Conservation Area; and
                            (ii) be consistent with the management 
                        plan.
    (d) Hunting, Trapping, and Fishing.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall permit hunting, trapping, and fishing within 
        the Conservation Area in accordance with applicable laws 
        (including regulations) of the United States and the State of 
        Utah.
            (2) Regulations.--The Secretary, after consultation with 
        the Utah Division of Wildlife Resources, may promulgate 
        regulations designating zones where and establishing periods 
        when no hunting, trapping, or fishing shall be permitted in the 
        Conservation Area for reasons of public safety, administration, 
        or public use and enjoyment.
    (e) Management Plan.--
            (1) In general.--Not later than 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.
            (2) Contents.--The management plan--
                    (A) shall describe the appropriate uses and 
                management of the Conservation Area consistent with 
                this Act; and
                    (B) may--
                            (i) incorporate appropriate decisions 
                        contained in any management or activity plan 
                        for the area; and
                            (ii) use information developed in previous 
                        studies of the land within or adjacent to the 
                        Conservation Area.
    (f) State Trust Lands.--The State of Utah and the Secretary may 
exchange Federal land, Federal mineral interests, or payment of money 
for land and mineral interests of approximately equal value that are 
managed by the Utah School and Institutional Trust Lands Administration 
within the Conservation Area.
    (g) Access.--The Secretary, the State of Utah, and Emery County, 
Utah, may agree to resolve section 2477 of the Revised Statutes and 
other access issues within the Conservation Area.
    (h) Wildlife Management.--Nothing in this Act diminishes the 
responsibility and authority of the State of Utah for management of 
fish and wildlife within the Conservation Area.
    (i) Grazing.--Where the Secretary permits livestock grazing on the 
date of enactment of this Act, such grazing shall be allowed subject to 
all applicable laws (including regulations) and executive orders.
    (j) No Buffer Zones.--
            (1) In general.--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.
            (2) Activities outside conservation area.--That there may 
        be activities or uses of land outside the Conservation Area 
        that would not be permitted in the Conservation Area shall not 
        preclude such activities or uses on the land up to the boundary 
        of the Conservation Area (or on private land within the 
        Conservation Area) consistent with other applicable laws.
    (k) Water Rights.--
            (1) In general.--The establishment of the Conservation Area 
        shall not constitute any implied or express reservation of any 
        water or water right pertaining to surface or ground water.
            (2) State rights.--Nothing in this Act affects--
                    (A) any valid existing surface water or ground 
                water right in effect on the date of enactment of this 
                Act; or
                    (B) any water right approved after the date of 
                enactment of this Act under the laws of the State of 
                Utah or any other State.
    (l) No Effect on Application of Other Acts.--
            (1) In general.--Nothing in this Act affects the 
        application of any provision of the Wilderness Act (16 U.S.C. 
        1131) or the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.) to wilderness resources in the 
        Conservation Area.
            (2) Issue resolution.--Recognizing that the designation of 
        a wilderness area for inclusion in the National Wilderness 
        Preservation System requires an Act of Congress, the Secretary, 
        the State of Utah, Emery County, Utah, and affected 
        stakeholders may work toward resolving wilderness issues within 
        the Conservation Area.
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