[Congressional Record Volume 143, Number 21 (Tuesday, February 25, 1997)]
[Senate]
[Pages S1571-S1573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BENNETT (for himself, Mr. Hatch, Mr. Murkowski, Mr. Craig, 
        Mr. Burns, and Mr. Thomas):
  S. 357. A bill to authorize the Bureau of Land Management to manage 
the Grand Staircase-Escalante National Monument, and for other 
purposes; to the Committee on Energy and Natural Resources.


         THE GRAND STAIRCASE-ESCALANTE RESOURCE PROTECTION ACT

  Mr. BENNETT. Mr. President, in the last Congress, by coincidence, on 
my birthday, President Clinton announced the creation of the Grand 
Staircase-Escalante National Monument, taking 1.7 million acres in the 
State of Utah and creating a national monument under the authority of 
the Antiquities Act of 1906. This, frankly, caught a number of us by 
complete surprise --well, maybe not complete surprise, because we had 
seen reports in the newspaper that this might be coming. But whenever 
we spoke to anybody in the administration about it, we were constantly 
told that no decision has been made.
  Congressman Orton, the Democratic Congressman in the district in 
which this land was located, was told ``nothing is imminent.'' Even 24 
hours before the announcement was made, people in the White House were 
insisting that nothing was coming down on this particular subject. And 
then, as I say, on the morning of my birthday, I received a phone call 
from Leon Panetta, not to wish me happy birthday, but to inform me that 
the President would indeed be creating a new national monument in Utah 
under his authority as outlined in the Antiquities Act.
  The process by which the monument was put together was entirely 
closed to any elected official. No one from the State of Utah who holds 
elected office--not the Governor, neither of the Members of this body, 
not the Members of the other body, no one--was allowed to make comments 
or be involved in the process of creating the monument. We now know, 
however, from press reports that members of what is called the 
environmental community were involved in writing this proclamation. 
They had access to the White House, to the Department of Interior, and 
to administration officials that the rest of us were denied.
  Out of this closed process came the national monument and, with it, 
frankly, Mr. President, considerable antagonism and disappointment on 
the part of many people in Utah--if polls can be believed, a large 
majority of the people of Utah--at the way they were treated in this 
matter. ``Not to worry,'' we were assured by the President at the Grand 
Canyon. And I was assured personally on the phone by Leon Panetta that 
there would be protections of the rights of ordinary citizens written 
into the pattern of the way this monument would be managed.
  Mr. Panetta outlined those to me, and I wrote them down. Then, when 
the President appeared on national television, I followed my list and 
saw that the President was going down the same list. That is, he made 
exactly the same promises that Mr. Panetta had made as to the way 
things would be handled in the monument.
  Mr. President, today I am introducing a bill. It will be known as the 
Grand Staircase-Escalante Resource Protection Act. Its sole purpose is 
to codify the promises the President made when he created the monument. 
I said to my staff, ``Do not put everything in this bill you think we 
must have. Just make sure the act is entirely just what the President 
promised he would do.''
  Let me give you some examples of what I mean. On this chart we have 
the President's statement made on September 18 when he said: ``Families 
will be able to use this canyon as they always have. The land will 
remain open for multiple uses, including hunting, fishing, hiking, 
camping, and grazing.''
  Many of the people who have reacted to the creation of the monument 
have made it clear that there should never be multiple uses on this 
land. They say that this would be incompatible with its designation as 
``wilderness.'' But the President did not designate the land as 
wilderness. He designated it as a national monument, and he 
specifically promised--these are his words--that ``The land will remain 
open for multiple use . . .'' This was taken off the transcript that 
was available to us the day the President made his statement.
  Another promise the President made is on this chart. It is a little 
bit longer, but to the people in Utah it may be even more important. He 
said, ``Mining revenues from Federal and State land help to support 
your schools.''
  He was speaking to the people of Utah.

       I know the children of Utah have a big stake in school 
     lands located within the boundaries of the monument that I am 
     designating today . . . creating this national monument 
     should not and will not come at the expense of Utah's 
     children.

  That is a very important commitment made by the President. It has to 
do with the fact that almost 200,000 acres in this monument are owned 
by a trust that administers these lands for the benefit of Utah's 
schoolchildren. Under the monument designation, conceivably the trust 
would lose that ownership unless there can be a pattern of swapping out 
school acres for other acres outside the boundaries of the monument.
  These are a few of the President's promises.
  There was another one which I do not have on the chart but that 
struck me personally. The President said, ``We will appoint an exchange 
working group, including Congressman Orton and the two Senators as well 
as the Governor and others, that will examine this issue of school 
trust land.''
  It has now been 6 months since the President made that statement, and 
no such group has been proposed by anybody. It has been 6 months since 
the President made that proclamation, and we don't see any indication 
that he intends to instruct people to follow through on the promise 
that the people will be able to use the canyon as they always have. And 
we see no indication that the people in the administration are taking 
any steps to make Utah's schoolchildren whole for the income that they 
will lose as a result of the creation of this monument.
  If I were to pick up the phone and call the White House today and ask 
for Leon Panetta to remind him of the pledge he made to me, I would be 
told, ``Mr. Panetta doesn't work here anymore.'' So I have decided to 
take the promises that the President made in this speech, which was 
before the entire country on national television, and write those 
promises into law. Many people have said, ``Oh, you are going to do 
terrible things if you write those into law. You are going to undo 
every protection that is important to this monument.'' To them I say, 
if you do not like these promises, argue with William Jefferson 
Clinton. Don't argue with me because they were his pledges; not mine.
  Some groups have seized on some language that I have in the bill 
describing what will be permitted in the monument and say, ``You go far 
beyond the President in the things you allow. Where did you get the 
idea that mining and timber and those kinds of things should be 
allowed?'' My answer is, I took the definition of ``multiple use''

[[Page S1572]]

that is in the FLPMA handbook produced by the Department of the 
Interior and reproduced it, neither subtracting nor adding anything. I 
made no attempt to put my judgment as to what ``multiple use'' means. I 
used the manual that is produced by the Department of the Interior to 
define what ``multiple use'' means.
  By virtue of the introduction of this bill, we will now 
have hearings. There will be hearings both in the House and the Senate. 
I am told that a companion bill will be introduced on the other side of 
the Capitol.

  I myself point out that these hearings are open, unlike the process 
the President followed, which was closed. These hearings will allow 
those who disagree with me--and I heard from some people this afternoon 
who disagreed with me quite vehemently--an opportunity to come before 
the Congress and tell the Congress what they think the President meant 
when he used these words. These hearings will give the Department of 
the Interior the opportunity to come before the Congress and tell the 
Congress what they think the President meant when he used these words. 
If they can make a plausible case to the Congress, I am perfectly 
willing to amend the bill and accept changes. The thing I am not 
willing to do is to accept, as some have said, that ``This was merely a 
campaign speech. The President should not be held to honor any 
commitment he made in that speech because it was in the heat of the 
campaign.''
  We are talking, Mr. President, about 1.7 million acres of land in my 
State. That is a land mass bigger than some of the States represented 
by Senators who sit here in this Chamber. We are talking about a major 
action that impacts the future of the people of southern Utah. That 
being the case, we must codify what the President said so that these 
commitments are kept whether they were made in a campaign speech or 
not.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 357

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Grand Staircase-Escalante 
     Resource Protection Act''.

     SEC. 2. FINDINGS.

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

     SEC. 3. DEFINITIONS.

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

     SEC. 4. MANAGEMENT OF THE MONUMENT.

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

     SEC. 5. VALID EXISTING RIGHTS AND USES.

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

     SEC. 6. RANGE MANAGEMENT.

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

     SEC. 7. WITHDRAWALS.

       No existing withdrawal, reservation, or appropriation shall 
     be revoked except in accordance with section 204 of the 
     Federal

[[Page S1573]]

     Land Policy and Management Act of 1976 (43 U.S.C. 1714).

     SEC. 8. NO FEDERAL RESERVATION OF WATER RIGHT.

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

     SEC. 9. MANAGEMENT PLAN.

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

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

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

     SEC. 11. SCHOOL TRUST LANDS EXCHANGE.

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

     SEC. 12. ADVISORY COMMITTEE.

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

     SEC. 13. MONUMENT PLANNING TEAM.

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

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

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

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