[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2809 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2809

To establish the San Rafael Swell Western Heritage and Historic Mining 
     National Conservation Area in the State of Utah, to designate 
wilderness areas in the State, to provide for certain land conveyances, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2018

   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 Western Heritage and Historic Mining 
     National Conservation Area in the State of Utah, to designate 
wilderness areas in the State, to provide for certain land conveyances, 
                        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 ``Emery County 
Public Land Management Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC MINING NATIONAL 
                           CONSERVATION AREA

Sec. 101. Establishment of Conservation Area.
Sec. 102. Management of Conservation Area.
Sec. 103. San Rafael Swell Western Heritage and Historic Mining 
                            National Conservation Area Advisory 
                            Council.
                       TITLE II--WILDERNESS AREAS

Sec. 201. Additions to the National Wilderness Preservation System.
Sec. 202. Administration.
Sec. 203. Fish and wildlife management.
Sec. 204. Release of land for nonwilderness use.
              TITLE III--WILD AND SCENIC RIVER DESIGNATION

Sec. 301. Green River wild and scenic river designation.
               TITLE IV--LAND MANAGEMENT AND CONVEYANCES

Sec. 401. Temple Mountain Cooperative Management Area.
Sec. 402. Goblin Valley State Park recreation and public purpose 
                            agreement.
Sec. 403. Jurassic National Monument.
Sec. 404. Public land disposal and acquisition.
Sec. 405. Public purpose conveyances.
Sec. 406. Exchange of School and Institutional Trust Lands 
                            Administration land.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``Conservation Area'' 
        means the San Rafael Swell Western Heritage and Historic Mining 
        National Conservation Area established by section 101(a)(1).
            (2) Council.--The term ``Council'' means the San Rafael 
        Swell Western Heritage and Historic Mining National 
        Conservation Area Advisory Council established under section 
        103(a).
            (3) County.--The term ``County'' means Emery County in the 
        State.
            (4) Management plan.--The term ``Management Plan'' means 
        the management plan for the Conservation Area developed under 
        section 102(b).
            (5) Map.--The term ``Map'' means the map entitled ``San 
        Rafael Swell Western Heritage and Historic Mining National 
        Conservation Area Map'' and dated _____, 2018.
            (6) Secretary.--The term ``Secretary'' means--
                    (A) in titles I and IV, the Secretary of the 
                Interior; and
                    (B) in titles II and III--
                            (i) the Secretary of the Interior, acting 
                        through the Director of the Bureau of Land 
                        Management, with respect to public land; and
                            (ii) the Secretary of Agriculture, acting 
                        through the Chief of the Forest Service, with 
                        respect to National Forest System land (as 
                        defined in section 103 of the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1702)).
            (7) State.--The term ``State'' means the State of Utah.
            (8) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by section 201(a).

TITLE I--SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC MINING NATIONAL 
                           CONSERVATION AREA

SEC. 101. ESTABLISHMENT OF CONSERVATION AREA.

    (a) Establishment.--
            (1) In general.--Subject to valid existing rights, there is 
        established the San Rafael Swell Western Heritage and Historic 
        Mining National Conservation Area in the State.
            (2) Area included.--The Conservation Area shall consist of 
        approximately 336,467 acres of Bureau of Land Management land 
        in the State, as generally depicted on the Map.
    (b) Purposes.--The purposes of the Conservation Area are to 
conserve, protect, and enhance the recreational, cultural, historical, 
educational, natural, scenic, and wildlife resources of the 
Conservation Area.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and legal 
        description of the Conservation Area with the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate.
            (2) Effect.--The map and legal description filed under 
        paragraph (1) shall have the same force and effect as if 
        included in this title, except that the Secretary may correct 
        minor errors in the map or legal description.
            (3) Public availability.--A copy of the map and legal 
        description filed under paragraph (1) shall be on file and 
        available for public inspection in the appropriate offices of 
        the Bureau of Land Management.

SEC. 102. MANAGEMENT OF CONSERVATION AREA.

    (a) Uses.--The Secretary shall allow only such uses of the 
Conservation Area as the Secretary determines would further the 
purposes of the Conservation Area.
    (b) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall develop a 
        comprehensive management plan for the long-term protection and 
        management of the Conservation Area.
            (2) Requirements.--The Management Plan shall--
                    (A) describe the appropriate uses and management of 
                the Conservation Area;
                    (B) be developed with extensive public input; and
                    (C) take into consideration any information 
                developed in studies of the land within the 
                Conservation Area.
    (c) Outfitting and Guide Activities.--Commercial services 
(including authorized outfitting and guide activities) within the 
Conservation Area may be authorized to the extent necessary for 
activities that fulfill the recreational or other purposes of the 
Conservation Area.
    (d) Motorized Vehicles.--
            (1) In general.--Except as needed for emergency response or 
        administrative purposes, the use of motorized vehicles in the 
        Conservation Area shall be permitted only on roads and 
        motorized routes designated in the Management Plan for the use 
        of motorized vehicles.
            (2) New roads.--No additional roads or motorized vehicle 
        routes shall be built within the Conservation Area after the 
        date of enactment of this Act.
    (e) Grazing.--
            (1) In general.--The grazing of livestock in the 
        Conservation Area, if established before the date of enactment 
        of this Act, shall be allowed to continue, subject to such 
        reasonable regulations, policies, and practices as the 
        Secretary considers to be necessary in accordance with--
                    (A) applicable law (including regulations);
                    (B) the guidelines set forth in Appendix A of the 
                report of the Committee on Interior and Insular Affairs 
                of the House of Representatives accompanying H.R. 2570 
                of the 101st Congress (House Report 101-405); and
                    (C) the purposes of the Conservation Area.
            (2) Inventory.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in collaboration with any 
        affected grazing permittee, shall--
                    (A) carry out an inventory of facilities and 
                improvements associated with grazing activities in the 
                Conservation Area; and
                    (B) incorporate into the Management Plan a list of 
                any facilities and improvements inventoried under 
                subparagraph (A).
    (f) Cold War Sites.--The Secretary shall manage the Conservation 
Area in a manner that ensures the preservation of Cold War sites, 
including the Morrison Knudson tunnels, various Department of Defense 
projects sites, and hundreds of historical uranium mine sites in the 
Conservation Area.
    (g) Casual Collection.--
            (1) Definition of casual collection.--
                    (A) In general.--In this subsection, the term 
                ``casual collection'' means the collection of common 
                invertebrate and plant paleontological resources or 
                rocks and minerals--
                            (i) by--
                                    (I) surface collection; or
                                    (II) the use of nonpowered hand 
                                tools;
                            (ii) for noncommercial personal use of a 
                        reasonable quantity, as determined by the 
                        Secretary; and
                            (iii) that results in negligible 
                        disturbance, as determined by the Secretary, 
                        of--
                                    (I) the surface of the Earth; and
                                    (II) other resources.
                    (B) Inclusions.--The term ``casual collection'' 
                includes the hobby collecting of rocks, subject to the 
                discretion of the Secretary.
            (2) Casual collection allowed.--The Secretary may allow 
        casual collection in the Conservation Area if the casual 
        collection is consistent with--
                    (A) the recreational or other purposes of the 
                Conservation Area, as determined by the Secretary; and
                    (B) the Management Plan.
    (h) Wildfire Management.--Nothing in this section prohibits the 
Secretary, in cooperation with other Federal, State, and local 
agencies, as appropriate, from conducting wildland fire operations in 
the Conservation Area, consistent with the purposes of the Conservation 
Area.
    (i) Incorporation of Acquired Land and Interests.--Any land or 
interest in land located within the boundary of the Conservation Area 
that is acquired by the United States after the date of enactment of 
this Act shall--
            (1) become part of the Conservation Area; and
            (2) be managed as provided in this section.
    (j) Withdrawals.--Subject to valid existing rights, all public land 
within the Conservation Area, including any land or interest in land 
that is acquired by the United States within the Conservation Area 
after the date of enactment of this Act, is withdrawn from--
            (1) entry, appropriation or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (k) Effect.--Nothing in this Act--
            (1) diminishes the authority of the Secretary under Public 
        Law 92-195 (commonly known as the ``Wild Free-Roaming Horses 
        and Burros Act'') (16 U.S.C. 1331 et seq.); or
            (2) alters, diminishes, or influences the settlement 
        agreement entered into on January 13, 2017, in the case in the 
        United States District Court for the District of Utah styled 
        ``Southern Utah Wilderness Alliance, et al. v. U.S. Department 
        of the Interior, et al.'' and numbered 2:12-cv-257 DAK.

SEC. 103. SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC MINING 
              NATIONAL CONSERVATION AREA ADVISORY COUNCIL.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish an advisory 
council, to be known as the ``San Rafael Swell Western Heritage and 
Historic Mining National Conservation Area Advisory Council''.
    (b) Duties.--The Council shall advise the Secretary with respect to 
the preparation and implementation of the Management Plan.
    (c) Applicable Law.--The Council shall be subject to--
            (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
    (d) Members.--The Council shall include 10 members, to be appointed 
by the Secretary, of whom, to the maximum extent practicable--
            (1) 1 member shall be appointed after considering the 
        recommendations of the Emery County Commission;
            (2) 1 member shall be appointed from the motorized 
        recreational community;
            (3) 1 member shall be appointed from the nonmotorized 
        recreational community;
            (4) 1 member shall be appointed after considering the 
        recommendations of the permittees holding grazing allotments 
        within the Conservation Area or wilderness areas; and
            (5) 5 members shall--
                    (A) reside in, or within reasonable proximity to, 
                the County; and
                    (B) have a background that reflects--
                            (i) the purposes for which the Conservation 
                        Area or wilderness areas are established; and
                            (ii) the interests of the stakeholders that 
                        are affected by the planning and management of 
                        the Conservation Area and wilderness areas.
    (e) Representation.--The Secretary shall ensure that the membership 
of the Council is fairly balanced in terms of the points of view 
represented and the functions to be performed by the Council.
    (f) Termination.--The Council shall terminate on the date that is 1 
year after the date on which the Management Plan is adopted by the 
Secretary.

                       TITLE II--WILDERNESS AREAS

SEC. 201. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.

    (a) Additions.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following parcels of Federal land in the State are 
designated as wilderness and as components of the National Wilderness 
Preservation System:
            (1) Candland mountain.--Certain Federal land managed by the 
        Forest Service, comprising approximately 12,338 acres, as 
        generally depicted on the Map, which shall be known as the 
        ``Candland Mountain Wilderness''.
            (2) Crack canyon.--Certain Federal land managed by the 
        Bureau of Land Management, comprising approximately 25,747 
        acres, as generally depicted on the Map, which shall be known 
        as the ``Crack Canyon Wilderness''.
            (3) Desolation canyon.--Certain Federal land managed by the 
        Bureau of Land Management, comprising approximately 173,320 
        acres, as generally depicted on the Map, which shall be known 
        as the ``Desolation Canyon Wilderness''.
            (4) Devil's canyon.--Certain Federal land managed by the 
        Bureau of Land Management, comprising approximately 8,630 
        acres, as generally depicted on the Map, which shall be known 
        as the ``Devil's Canyon Wilderness''.
            (5) Horseshoe canyon (north).--Certain Federal land managed 
        by the Bureau of Land Management, comprising approximately 
        26,226 acres, as generally depicted on the Map, which shall be 
        known as the ``Horseshoe Canyon (North) Wilderness''.
            (6) Mexican mountain.--Certain Federal land managed by the 
        Bureau of Land Management, comprising approximately 74,503 
        acres, as generally depicted on the Map, which shall be known 
        as the ``Mexican Mountain Wilderness''.
            (7) Muddy creek.--Certain Federal land managed by the 
        Bureau of Land Management, comprising approximately 65,652 
        acres, as generally depicted on the Map, which shall be known 
        as the ``Muddy Creek Wilderness''.
            (8) Nelson mountain.--Certain Federal land managed by the 
        Forest Service, comprising approximately 7,447 acres, as 
        generally depicted on the Map, which shall be known as the 
        ``Nelson Mountain Wilderness''.
            (9) San rafael reef.--Certain Federal land managed by the 
        Bureau of Land Management, comprising approximately 59,880 
        acres, as generally depicted on the Map, which shall be known 
        as the ``San Rafael Reef Wilderness''.
            (10) Sid's mountain.--Certain Federal land managed by the 
        Bureau of Land Management, comprising approximately 75,403 
        acres, as generally depicted on the Map, which shall be known 
        as the ``Sid's Mountain Wilderness''.
    (b) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and legal 
        description of each wilderness area with--
                    (A) the Committee on Natural Resources of the House 
                of Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate.
            (2) Effect.--Each map and legal description filed under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        minor errors in the map or legal description.
            (3) Availability.--Each map and legal description filed 
        under paragraph (1) shall on file and available for public 
        inspection in the appropriate office of the Secretary.

SEC. 202. ADMINISTRATION.

    (a) Management.--Subject to valid existing rights, the wilderness 
areas shall be administered by the Secretary in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
            (1) any reference in that Act to the effective date shall 
        be considered to be a reference to the date of enactment of 
        this Act; and
            (2) any reference in that Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary.
    (b) Livestock.--
            (1) In general.--The grazing of livestock in the wilderness 
        areas, if established before the date of enactment of this Act, 
        shall be allowed to continue, subject to such reasonable 
        regulations, policies, and practices as the Secretary considers 
        to be necessary in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1133(d)(4)); and
                    (B) the guidelines set forth in Appendix A of the 
                report of the Committee on Interior and Insular Affairs 
                of the House of Representatives accompanying H.R. 2570 
                of the 101st Congress (House Report 101-405).
            (2) Inventory.--With respect to each wilderness area in 
        which grazing of livestock is allowed to continue under 
        paragraph (1), not later than 1 year after the date of 
        enactment of this Act, the Secretary, in collaboration with any 
        affected grazing permittee, shall--
                    (A) carry out an inventory of facilities and 
                improvements associated with grazing activities in the 
                wilderness area; and
                    (B) review and revise the applicable allotment 
                management plan and grazing permit information.
    (c) Wildfire, Insect, and Disease Management.--In accordance with 
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the 
report of the Committee on Interior and Insular Affairs of the House of 
Representatives accompanying H.R. 1437 of the 98th Congress (House 
Report 98-40), the Secretary may take such measures in the wilderness 
areas as are necessary for the control of fire, insects, and diseases, 
including, as the Secretary determines to be appropriate, the 
coordination of the activities with the State or a local agency.
    (d) Adjacent Management.--
            (1) In general.--Congress does not intend for the 
        designation of the wilderness areas to create protective 
        perimeters or buffer zones around the wilderness areas.
            (2) Nonwilderness activities.--The fact that nonwilderness 
        activities or uses can be seen or heard from areas within a 
        wilderness area shall not preclude the conduct of those 
        activities or uses outside the boundary of the wilderness area.
    (e) Military Overflights.--Nothing in this title restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas, including military overflights that can be 
        seen or heard within the wilderness areas;
            (2) flight testing and evaluation; or
            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the wilderness areas.
    (f) Outfitting and Guide Activities.--Commercial services 
(including authorized outfitting and guide activities) within the 
wilderness areas may be authorized to the extent necessary for 
activities that fulfill the recreational or other wilderness purposes 
of the wilderness areas.
    (g) Casual Collection.--
            (1) Definition of casual collection.--
                    (A) In general.--In this subsection, the term 
                ``casual collection'' means the collection of common 
                invertebrate and plant paleontological resources or 
                rocks and minerals--
                            (i) by--
                                    (I) surface collection; or
                                    (II) the use of nonpowered hand 
                                tools;
                            (ii) for noncommercial personal use of a 
                        reasonable quantity, as determined by the 
                        Secretary; and
                            (iii) that results in negligible 
                        disturbance, as determined by the Secretary, 
                        of--
                                    (I) the surface of the Earth; and
                                    (II) other resources.
                    (B) Inclusion.--The term ``casual collection'' 
                includes the hobby collecting of rocks, subject to the 
                discretion of the Secretary.
            (2) Casual collection allowed.--The Secretary may allow 
        casual collection in the wilderness areas if the casual 
        collection is consistent with--
                    (A) the recreational or other wilderness purposes 
                of the wilderness areas, as determined by the 
                Secretary; and
                    (B)(i) with respect to land managed by the Bureau 
                of Land Management, the applicable resource management 
                plan, as in existence on the date of enactment of this 
                Act; or
                    (ii) with respect to land managed by the Forest 
                Service, the Manti-La Sal National Forest Plan, 1986.
    (h) Land Acquisition and Incorporation of Acquired Land and 
Interests.--
            (1) Acquisition authority.--The Secretary may acquire land 
        and interests in land within the boundaries of a wilderness 
        area by donation, purchase from a willing seller, or exchange.
            (2) Incorporation.--Any land or interest in land within the 
        boundary of a wilderness area 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.
    (i) Native American Cultural and Religious Uses.--Nothing in this 
title diminishes--
            (1) the rights of any Tribe; or
            (2) any Tribal rights regarding access to Federal land for 
        Tribal activities, including spiritual, cultural, and 
        traditional food-gathering activities.
    (j) Climatological Data Collection.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and 
conditions as the Secretary may prescribe, the Secretary may authorize 
the installation and maintenance of hydrologic, meteorologic, or 
climatological collection devices in the wilderness areas if the 
Secretary determines that the facilities and access to the facilities 
are essential to flood warning, flood control, or water reservoir 
operation activities.
    (k) Water Rights.--
            (1) Statutory construction.--Nothing in this Act--
                    (A) constitutes an express or implied reservation 
                by the United States of any water or water rights with 
                respect to the wilderness areas;
                    (B) affects any water rights in the State 
                (including any water rights held by the United States) 
                in existence on the date of enactment of this Act;
                    (C) establishes a precedent with regard to any 
                future wilderness designations;
                    (D) affects the interpretation of, or any 
                designation made under, any other Act; or
                    (E) limits, alters, modifies, or amends any 
                interstate compact or equitable apportionment decree 
                that apportions water among and between the State and 
                other States.
            (2) State water law.--The Secretary shall follow the 
        procedural and substantive requirements of State law in order 
        to obtain and hold any water rights not in existence on the 
        date of enactment of this Act with respect to the wilderness 
        areas.
            (3) Limitation on new water resource facilities.--
                    (A) Definition of water resource facility.--
                            (i) In general.--In this paragraph, the 
                        term ``water resource facility'' means an 
                        irrigation and pumping facility, reservoir, 
                        water conservation works, aqueduct, canal, 
                        ditch, pipeline, well, hydropower project, 
                        transmission or other ancillary facility, and 
                        any other water diversion, storage, or carriage 
                        structure.
                            (ii) Exclusion.--In this paragraph, the 
                        term ``water resource facility'' does not 
                        include a wildlife guzzler or a management 
                        activity described in section 203.
                    (B) Limitation.--Except as otherwise provided in 
                this Act, on or after the date of enactment of this 
                Act, the President or any other officer, employee, or 
                agent of the United States may not fund, assist, 
                authorize, or issue a license or permit for the 
                development of any new water resource facility inside a 
                wilderness area.
    (l) Memorandum of Understanding.--The Secretary shall offer to 
enter into a memorandum of understanding with the County to clarify the 
approval processes for the use of motorized equipment and mechanical 
transport for search and rescue activities in the Crack Canyon 
Wilderness established by section 201(a)(2).

SEC. 203. FISH AND WILDLIFE MANAGEMENT.

    (a) Jurisdiction of State.--Nothing in this title affects the 
jurisdiction of the State with respect to fish and wildlife on public 
land located in the State.
    (b) Authority of Secretary.--In furtherance of the purposes and 
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the 
Secretary may carry out management activities to maintain or restore 
fish and wildlife populations (including activities to maintain and 
restore fish and wildlife habitats to support the populations) in any 
wilderness area if the activities are--
            (1) consistent with applicable wilderness management plans; 
        and
            (2) carried out in accordance with--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.); 
                and
                    (B) applicable guidelines and policies, including 
                applicable policies described in appendix B of House 
                Report 101-405.

SEC. 204. RELEASE OF LAND FOR NONWILDERNESS USE.

    (a) Finding.--Congress finds that, for the purposes of section 
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1782(c)), the approximately 14,779 acres of public land administered by 
the Bureau of Land Management in the County that has not been 
designated as wilderness by section 201(a) has been adequately studied 
for wilderness designation.
    (b) Release.--The public land described in subsection (a)--
            (1) is no longer subject to section 603(c) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
            (2) shall be managed in accordance with--
                    (A) applicable law; and
                    (B) any applicable land management plan adopted 
                under section 202 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1712).

              TITLE III--WILD AND SCENIC RIVER DESIGNATION

SEC. 301. GREEN RIVER WILD AND SCENIC RIVER DESIGNATION.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:
            ``(213) Green river.--The 54-mile segment, as generally 
        depicted on the map entitled `San Rafael Swell Western Heritage 
        and Historic Mining National Conservation Area' and dated ____, 
        2018, to be administered by the Secretary of the Interior, in 
        accordance with the classifications designated on that map.''.

               TITLE IV--LAND MANAGEMENT AND CONVEYANCES

SEC. 401. TEMPLE MOUNTAIN COOPERATIVE MANAGEMENT AREA.

    (a) In General.--At the request of the State, the Secretary may 
enter into a cooperative agreement with the State for the cooperative 
management of the Federal land described in subsection (b), which shall 
be known as the ``Temple Mountain Cooperative Management Area'' 
(referred to in this section as the ``Management Area'').
    (b) Description of Land.--The Federal land referred to in 
subsection (a) is the Bureau of Land Management land in the County 
comprising approximately 7,792 acres and identified as ``Temple 
Mountain Cooperative Management Area'' on the Map, excluding any 
wilderness areas.
    (c) Purposes.--
            (1) In general.--The purposes of the Management Area are--
                    (A) to promote and manage outdoor recreation, such 
                as camping, off-highway vehicle use, mountain biking, 
                rock climbing, equestrian use, and hiking; and
                    (B) to conserve the recreational and scenic 
                resources of the Management Area.
            (2) Priority.--For purposes of administering the Management 
        Area, the Secretary shall give equal priority consideration to 
        each of the purposes described in paragraph (1).
    (d) Terms.--The cooperative agreement entered into under subsection 
(a)--
            (1) shall--
                    (A) clarify the roles, responsibilities, and 
                limitations of the Secretary and the State with respect 
                to recreation management within the Management Area;
                    (B) apply only to recreational activities, 
                including motorized, mechanized, equestrian, and human-
                powered uses within the Management Area;
                    (C) require that recreational activities within the 
                Management Area shall continue to be managed in 
                accordance with--
                            (i) the requirements applicable to the 
                        Conservation Area; and
                            (ii) applicable Federal laws;
                    (D) allow for recreational improvements of routes 
                and trails for motorized and nonmotorized use to 
                enhance recreational opportunities and minimize 
                resource conflict;
                    (E) address the establishment, distribution, and 
                use of any revenues generated by recreational 
                activities (including entrance fees) within the 
                Management Area; and
                    (F) specify that the State agency responsible for 
                administering the Management Area shall be the Utah 
                Division of Parks and Recreation of the Utah Department 
                of Natural Resources;
            (2) shall not affect--
                    (A) management within the Management Area that is 
                not related to the conduct of recreational activities; 
                or
                    (B) recreational activities conducted outside the 
                Management Area; and
            (3) shall not apply to a wilderness area within the 
        Management Area.
    (e) Termination.--The Secretary may terminate the cooperative 
agreement entered into under subsection (a) before the end of the term 
of the cooperative agreement if the Secretary determines that early 
termination of the agreement is necessary.

SEC. 402. GOBLIN VALLEY STATE PARK RECREATION AND PUBLIC PURPOSE 
              AGREEMENT.

    (a) In General.--At the request of the State, the Secretary shall 
offer to enter into a recreation and public purposes agreement with the 
Utah Division of Parks and Recreation of the Utah Department of Natural 
Resources (referred to in this section as the ``State''), that provides 
for the management by the State of the land identified on the Map as 
the ``Goblin Valley State Park Expansion'' as a State park in 
accordance with State law.
    (b) Reversionary Clause Required.--An agreement entered into under 
subsection (a) shall include a reversionary clause to ensure that 
management of the land described in that subsection shall revert to the 
Secretary if the land is no longer being managed as a State park.

SEC. 403. JURASSIC NATIONAL MONUMENT.

    (a) Purposes.--To conserve, interpret, and enhance for the benefit 
of present and future generations the paleontological, scientific, 
educational, and recreational resources of the area and subject to 
valid existing rights, there is established in the County a national 
monument, to be known as the ``Jurassic National Monument'' (referred 
to in this section as the ``Monument''), consisting of approximately 
2,543 acres of Federal land in the County, as generally depicted on the 
Map.
    (b) Map and Legal Description.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall file with the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        a map and legal description of the Monument.
            (2) Effect.--The map and legal description filed under 
        paragraph (1) shall have the same force and effect as if 
        included in this section, except that the Secretary may correct 
        minor errors in the map or legal description, subject to the 
        requirement that, before making the proposed corrections, the 
        Secretary shall submit to the State and any affected county the 
        proposed corrections.
            (3) Public availability.--A copy of the map and legal 
        description filed under paragraph (1) shall be on file and 
        available for public inspection in the appropriate offices of 
        the Bureau of Land Management.
    (c) Withdrawals.--Subject to valid existing rights, any land within 
the boundaries of the Monument or any land or interest in land that is 
acquired by the United States for inclusion in the Monument after the 
date of enactment of this Act is withdrawn from--
            (1) entry, appropriation, or disposal under the Federal 
        land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing laws, geothermal 
        leasing laws, and minerals materials laws.
    (d) Management.--
            (1) In general.--The Secretary shall manage the Monument--
                    (A) in a manner that conserves, protects, and 
                enhances the resources and values of the Monument, 
                including the resources and values described in 
                subsection (a); and
                    (B) in accordance with--
                            (i) this section;
                            (ii) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.); and
                            (iii) any other applicable Federal law.
            (2) National landscape conservation system.--The Monument 
        shall be managed as a component of the National Landscape 
        Conservation System.
    (e) Management Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall develop a 
        comprehensive management plan for the long-term protection and 
        management of the Monument.
            (2) Components.--The management plan developed under 
        paragraph (1)--
                    (A) shall--
                            (i) describe the appropriate uses and 
                        management of the Monument, consistent with the 
                        provisions of this section; and
                            (ii) allow for continued scientific 
                        research at the Monument during the development 
                        of the management plan for the Monument; and
                    (B) may--
                            (i) incorporate any appropriate decisions 
                        contained in any management or activity plan 
                        applicable to the land described in subsection 
                        (a); and
                            (ii) use information developed in studies 
                        of any land within or adjacent to the Monument 
                        that were conducted before the date of 
                        enactment of this Act.
    (f) Authorized Uses.--The Secretary shall only allow uses of the 
Monument that the Secretary determines would further the purposes for 
which the Monument has been established.
    (g) Interpretation, Education, and Scientific Research.--
            (1) In general.--The Secretary shall provide for public 
        interpretation of, and education and scientific research on, 
        the paleontological resources of the Monument.
            (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with appropriate public entities to 
        carry out paragraph (1).
    (h) Special Management Areas.--
            (1) In general.--The establishment of the Monument shall 
        not modify the management status of any area within the 
        boundary of the Monument that is--
                    (A) designated as a wilderness study area and 
                managed in accordance with section 603(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1782(c)); or
                    (B) managed as an area of critical environment 
                concern.
            (2) Conflict of laws.--If there is a conflict between the 
        laws applicable to an area described in paragraph (1) and this 
        section, the more restrictive provision shall control.
    (i) Motorized Vehicles.--Except as needed for administrative 
purposes or to respond to an emergency, the use of motorized vehicles 
in the Monument shall be allowed only on roads and trails designated 
for use by motorized vehicles under the management plan for the 
Monument developed under subsection (e).
    (j) Water Rights.--Nothing in this section constitutes an express 
or implied reservation by the United States of any water or water 
rights with respect to the Monument.

SEC. 404. PUBLIC LAND DISPOSAL AND ACQUISITION.

    (a) In General.--Consistent with applicable law, the Secretary may 
sell public land located in the County that was identified as suitable 
for potential disposal in the applicable resource management plan in 
existence on the date of enactment of this Act.
    (b) Use of Proceeds.--
            (1) In general.--Notwithstanding any other provision of law 
        (other than a law that specifically provides for a portion of 
        the proceeds of a land sale to be distributed to any trust fund 
        of the State), proceeds from the sale of public land under 
        subsection (a) shall be deposited in a separate account in the 
        Treasury, to be known as the ``Emery County, Utah, Land 
        Acquisition Account'' (referred to in this section as the 
        ``Account'').
            (2) Availability.--
                    (A) In general.--Amounts in the Account shall be 
                available to the Secretary, without further 
                appropriation, to purchase from willing sellers land or 
                interests in land within a wilderness area or the 
                Conservation Area.
                    (B) Applicability.--Any purchase of land or 
                interest in land under subparagraph (A) shall be in 
                accordance with applicable law.

SEC. 405. PUBLIC PURPOSE CONVEYANCES.

    (a) In General.--Notwithstanding the land use planning requirement 
of sections 202 and 203 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1712, 1713), on request by the applicable local 
governmental entity, the Secretary shall convey without consideration 
the following parcels of public land to be used for public purposes:
            (1) The approximately 640 acres of land comprising the 
        Emery City Recreation Area.
            (2) The approximately 1,400 acres of land comprising the 
        Huntington Airport.
            (3) The approximately 640 acres of land comprising the 
        State Road 6 Emery County Sheriff's Office substation site.
            (4) The approximately 65 acres of land comprising the 
        Buckhorn Information Center.
    (b) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and legal 
        description of each parcel of land to be conveyed under 
        subsection (a) with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Effect.--Each map and legal description filed under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        minor errors in the map or legal description.
            (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the Price Field Office of the Bureau of 
        Land Management.
    (c) Reversion.--
            (1) In general.--If a parcel of land conveyed under 
        subsection (a) is used for a purpose other than the purpose 
        described in that subsection, the parcel of land shall, at the 
        discretion of the Secretary, revert to the United States.
            (2) Responsibility for remediation.--In the case of a 
        reversion under paragraph (1), if the Secretary determines that 
        the parcel of land is contaminated with hazardous waste, the 
        local governmental entity to which the parcel of land was 
        conveyed under subsection (a) shall be responsible for 
        remediation.

SEC. 406. EXCHANGE OF SCHOOL AND INSTITUTIONAL TRUST LANDS 
              ADMINISTRATION LAND.

    (a) Definitions.--In this section:
            (1) Application.--The term ``application'' means an 
        application for State relinquishment of a State land grant 
        parcel and State selection of unappropriated public land filed 
        under this section.
            (2) Relinquishment area.--The term ``Relinquishment Area'' 
        means any land within--
                    (A) the Conservation Area; or
                    (B) a wilderness area.
            (3) State.--The term ``State'' means the State, acting as 
        trustee under the Utah State School and Institutional Trust 
        Lands Management Act (Utah Code Ann. 53C-1-101 et seq.) through 
        the Utah School and Institutional Trust Lands Administration.
            (4) State land grant parcel.--The term ``State land grant 
        parcel'' means--
                    (A) any land wholly or partially within a 
                Relinquishment Area that was granted to the State by 
                Congress through a statehood land grant for the support 
                of public education or other public institutions; or
                    (B) any land located wholly or partially within a 
                Relinquishment Areal that was acquired by the State for 
                a purpose described in subparagraph (A).
            (5) Unappropriated public land.--
                    (A) In general.--The term ``unappropriated public 
                land'' has the meaning given the term ``public lands'' 
                in section 103 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1702).
                    (B) Inclusion.--The term ``unappropriated public 
                land'' includes any land or minerals acquired by the 
                United States under title III of the Bankhead-Jones 
                Farm Tenant Act (7 U.S.C. 1010 et seq.).
                    (C) Exclusions.--The term ``unappropriated public 
                land'' does not include Federal land that is--
                            (i) except as provided in subparagraph (B), 
                        acquired land;
                            (ii) in a unit of the National Land 
                        Conservation System established by the Omnibus 
                        Public Land Management Act of 2009 (Public Law 
                        111-11; 123 Stat. 991);
                            (iii) in an area of critical environmental 
                        concern established under section 202(c)(3) of 
                        the Federal Land Policy and Management Act of 
                        1976 (43 U.S.C. 1712(c)(3)); or
                            (iv) in a special recreation management 
                        area.
    (b) Relinquishment of State Land Grant Parcels and Selection of 
Replacement Land.--
            (1) Authority to select.--In accordance with this section, 
        the State may, on approval by the Secretary of an application 
        filed under this section--
                    (A) relinquish to the Secretary the State land 
                grant parcels described in the approved application; 
                and
                    (B) in exchange for the relinquished land, select 
                unappropriated public land in the State for conveyance 
                by the Secretary to the State.
            (2) Processing.--The Secretary shall promptly process any 
        application filed under this section in accordance with 
        subsection (c).
            (3) Valid existing rights.--
                    (A) In general.--Any land conveyed under this 
                section shall be subject to valid existing rights.
                    (B) Succession.--Each party to whom land is 
                conveyed under this section shall succeed to the rights 
                and obligations of the conveying party with respect to 
                any lease, right-of-way, permit or other valid existing 
                right to which the conveyed land is subject.
    (c) Application and Conveyance Procedures.--
            (1) Approval or disapproval of applications.--
                    (A) Deadline for approval.--Not later than 1 year 
                after the date on which an application is filed under 
                this section, the Secretary shall issue a final 
                approval or disapproval of the application.
                    (B) Partial approval authorized.--An application 
                may be approved by the Secretary in whole or in part.
                    (C) Limitation.--The Secretary shall not approve 
                any application that the Secretary determines would 
                create irreconcilable management conflicts with respect 
                to the management of adjacent Federal land.
            (2) Conveyance.--
                    (A) Conveyance by state.--The conveyance of any 
                State land grant parcel under this section shall be by 
                patent or deed acceptable to the Secretary.
                    (B) Conveyance by secretary.--
                            (i) Deadline for conveyance of 
                        unappropriated public land.--Not later than 90 
                        days after the date on which the Secretary 
                        issues a final approval with respect to an 
                        application for the conveyance of 
                        unappropriated public land, the Secretary shall 
                        convey the applicable unappropriated public 
                        land to the State.
                            (ii) Terms and conditions.--The conveyance 
                        of unappropriated public land by the Secretary 
                        to the State under this section shall include 
                        such terms and conditions as the Secretary may 
                        require.
            (3) Environmental analysis.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, the Secretary shall convey 
                unappropriated public land under this section in 
                accordance with--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (ii) any other applicable law.
                    (B) Environmental assessment or environmental 
                impact statement.--In preparing an environmental 
                assessment or environmental impact statement under 
                section 102(2) of the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4332(2)) for the conveyance of 
                unappropriated public land under this section, the 
                Secretary is not required to study, develop, or 
                describe any action other than--
                            (i) the proposed agency action; and
                            (ii) the alternative of no action.
    (d) Mineral Land.--
            (1) Selection and conveyance.--
                    (A) In general.--Subject to the provisions of this 
                section, the State may select, and the Secretary may 
                convey, unappropriated public land that is mineral in 
                character.
                    (B) Exclusion.--The State may not select, and the 
                Secretary may not convey--
                            (i) unappropriated public land that 
                        includes only a portion of a mineral lease or 
                        permit; or
                            (ii) only the Federal mineral estate to 
                        unappropriated public land, unless the United 
                        States does not own the associated surface 
                        estate of the unappropriated public land.
            (2) Mining claims.--
                    (A) Mining claims unaffected.--Nothing in this 
                section alters, diminishes, or expands the existing 
                rights of a mining claimant under applicable law.
                    (B) Validity examinations.--Nothing in this section 
                requires the Secretary to carry out a mineral 
                examination for any mining claim located on 
                unappropriated public land to be conveyed under this 
                section.
                    (C) Withdrawal.--Unappropriated public land 
                selected by the State for acquisition under this 
                section is withdrawn, subject to valid existing rights, 
                from location, entry, and patent under the mining laws 
                until that date on which--
                            (i) the selected unappropriated public land 
                        is conveyed by the Secretary to the State;
                            (ii) the Secretary makes a final 
                        determination not accepting the selection of 
                        the unappropriated public land; or
                            (iii) the State withdraws the selection of 
                        the unappropriated public land.
    (e) Construction With Other Laws.--
            (1) Consideration.--In the application of laws (including 
        regulations) and policies relating to selections made under 
        this section, the Secretary shall consider the equities of the 
        State and the interest of the public.
            (2) Presumption of plan adequacy.--Unless a land use plan 
        adopted under section 202 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1712) specifically identifies 
        significant public values that would be lost or substantially 
        impaired as a result of the conveyance of unappropriated public 
        land to the State, any State selection under this section shall 
        be considered to be in compliance with the plan regardless of 
        whether the selected land is otherwise identified for disposal.
    (f) Valuation.--
            (1) Equal value.--
                    (A) In general.--The overall value of the State 
                land grant parcels and parcels of unappropriated public 
                land to be conveyed to the State shall be--
                            (i) equal; or
                            (ii) if the value is not equal--
                                    (I) equalized by the payment of 
                                funds to the State or to the Secretary 
                                as the circumstances require; or
                                    (II) reflected on the balance of a 
                                ledger account established under 
                                paragraph (3).
                    (B) Appraisal required.--Except as provided in 
                paragraph (2), the Secretary and the State shall 
                jointly determine the value of a State land grant 
                parcel and a parcel of unappropriated public land 
                through an appraisal completed in accordance with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards for Professional 
                        Appraisal Practice.
            (2) Low value parcels.--
                    (A) Valuation.--The Secretary may, with the consent 
                of the State, use a mass appraisal or statement of 
                value made by a qualified appraiser carried out in 
                accordance with the Uniform Standards for Professional 
                Appraisal Practice instead of an appraisal that 
                complies with the Uniform Appraisal Standards for 
                Federal Land Acquisitions if the State and the 
                Secretary agree that the market value of a State land 
                grant parcel or a parcel of unappropriated public land 
                is--
                            (i) less than $500,000; and
                            (ii) less than $500 per acre.
                    (B) Division.--A State land grant parcel or a 
                parcel of unappropriated public land may not be 
                artificially divided in order to qualify for a mass 
                appraisal or statement of value under subparagraph (A).
            (3) Ledger accounts.--
                    (A) In general.--The Secretary and the State may 
                agree to use a ledger account to make equal the value 
                of land relinquished by the State and conveyed by the 
                Secretary to the State under this section.
                    (B) Imbalances.--A ledger account described in 
                subparagraph (A) shall reflect imbalances in value to 
                be reconciled in a subsequent transaction.
                    (C) Account balancing.--Each ledger account 
                established under this paragraph shall be--
                            (i) balanced not later than 3 years after 
                        the date on which the ledger account is 
                        established; and
                            (ii) closed not later than 5 years after 
                        the date of the last conveyance of land under 
                        this section.
            (4) Costs.--The Secretary or the State may--
                    (A) assume costs or other responsibilities or 
                requirements for conveying land under this section that 
                would generally be the responsibility of the other 
                party; and
                    (B) make adjustments to the relative values 
                involved in the conveyance of land under this section 
                to compensate the Secretary or the State, as 
                applicable, for assuming the costs or other 
                responsibilities or requirements under subparagraph 
                (A).
            (5) Adjustment.--If value is attributed to any parcel of 
        unappropriated public land that has been selected by the State 
        because of the presence of minerals under a lease under the 
        Mineral Leasing Act (30 U.S.C. 181 et seq.) that is in a 
        producing or producible status, the value of the parcel shall 
        be reduced by the percentage that represents the likely 
        Federal-revenue sharing obligation under that Act, but the 
        adjustment shall not be considered to reflect a property right 
        of the State.
    (g) Miscellaneous Provisions.--
            (1) Hazardous materials.--The Secretary and the State shall 
        make available for review and inspection any record relating to 
        hazardous materials on land to be conveyed under this section.
            (2) Appurtenant water rights.--Any conveyance of a State 
        land grant parcel or parcel of unappropriated public land under 
        this section may include the conveyance of water rights 
        appurtenant to the land conveyed.
            (3) Grazing permits.--
                    (A) In general.--If land conveyed under this 
                section is subject to a lease, permit, or contract for 
                the grazing of domestic livestock in effect on the date 
                of conveyance, the Secretary or the State, as 
                applicable, shall allow the grazing to continue for the 
                remainder of the term of the lease, permit, or 
                contract, subject to the related terms and conditions 
                of user agreements, including permitted stocking rates, 
                grazing fee levels, access rights, and ownership and 
                use of range improvements.
                    (B) Renewal.--On expiration of any grazing lease, 
                permit, or contract described in subparagraph (A), the 
                party that has jurisdiction over the land on the date 
                of expiration, may elect to renew the lease, permit, or 
                contract if permitted under applicable law.
                    (C) Cancellation.--
                            (i) In general.--Nothing in this section 
                        prevents the Secretary or the State from 
                        canceling or modifying a grazing permit, lease, 
                        or contract if the land subject to the permit, 
                        lease, or contract is sold, conveyed, 
                        transferred, or leased for nongrazing purposes 
                        by the Secretary or the State.
                            (ii) Limitation.--Except to the extent 
                        reasonably necessary to accommodate surface 
                        operations in support of mineral development, 
                        the Secretary or the State shall not cancel or 
                        modify a grazing permit, lease, or contract for 
                        land conveyed under this section because the 
                        land subject to the permit, lease, or contract 
                        has been leased for mineral development.
                    (D) Base properties.--If land conveyed by the State 
                under this section is used by a grazing permittee or 
                lessee to meet the base property requirements for a 
                Federal grazing permit or lease, the land shall 
                continue to qualify as a base property for the 
                remaining term of the lease or permit and the term of 
                any renewal or extension of the lease or permit.
    (h) Effect on Other State Selection Authorizations.--The 
authorization for State relinquishments and selections under this 
section shall be considered to be independent of, and not limited by, 
the authorization for State selections under--
            (1) sections 6, 8, and 12 of the Act of July 16, 1894 (28 
        Stat. 107, chapter 138); or
            (2) sections 2275 and 2276 of the Revised Statutes (43 
        U.S.C. 851, 852).
                                 <all>