[Congressional Record Volume 144, Number 105 (Thursday, July 30, 1998)]
[Senate]
[Pages S9442-S9444]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BENNETT (for himself and Mr. Hatch):
  S. 2385. A bill to establish the San Rafael Swell National Heritage 
Area and the San Rafael National Conservation Area in the State of 
Utah, and for other purposes; to the Committee on Energy and Natural 
Resources.


         The San Rafael National Heritage and Conservation Act

  Mr. BENNETT. Mr. President, I am pleased to introduce the ``San 
Rafael

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National Heritage and Conservation Act'' and I am pleased to be joined 
by Senator Hatch in this effort.
  The San Rafael National Heritage and Conservation Act not only 
accomplishes the preservation of an important historic area, but it is 
the result of a collaborative approach among Federal land managers, 
state and local governments and other concerned agencies and 
organizations. This revised legislation incorporates several of the 
suggestions of the Administration, the House and those who originally 
expressed concerns about the bill as introduced in the House. The 
legislation we introduce today is the result of months of discussions 
between the Bureau of Land Management, the citizens of Emery County and 
Members of Congress. It is a good-faith effort to initiate what we hope 
will bring resolution to the larger philosophical differences between 
land management practices in Utah. With a little luck, we might even 
begin a process which could lead to a resolution to the ongoing Utah 
wilderness debate.
  The San Rafael Swell region in the State of Utah was one of America's 
last frontiers. I have in my office, a map of the State of Utah drafted 
in 1876 in which large portions of the San Rafael Swell were simply 
left blank because they were yet to be explored. Visitors who comment 
on this map are amazed when they see that large portions of the San 
Rafael area remained unmapped thirty years after the Mormon pioneers 
arrived in the Salt Lake Valley.
  This area is known for its important historical sites, notable 
tradition of mining, widely recognized paleontological resources, and 
numerous recreational opportunities. As such, it needs to be protected. 
The San Rafael Swell National Conservation Area created through this 
legislation will be approximately 630,000 acres in size and will 
comprise wilderness, a Bighorn Sheep Management Area, a scenic Area of 
Critical Environmental Concern, and Semi-Primitive Area of Non-
Motorized Use. The value of the new management structure for the 
National Conservation Area can be found in the flexibility it gives in 
addressing a broad array of issues from the protection of critical 
lands to the oversight of recreational uses.
  The San Rafael National Heritage and Conservation Act sets aside 
130,000 acres as BLM wilderness lands. It permanently removes the 
threat of mining, oil drilling, and timbering from the Swell. It also 
sets aside a conservation area of significant size to protect Utah's 
largest herd of Desert Bighorn Sheep. Vehicle travel is restricted to 
designated roads and trails in other areas and visitors recreational 
facilities are provided. Finally, it will assist the BLM and the local 
communities in developing a long term strategy to preserve the history 
and heritage of the region through the National Heritage Area. Careful 
study of the bill shows that the San Rafael Swell National Heritage and 
Conservation Act is a multidimensional management plan for an area with 
multidimensional needs. It provides comprehensive protection and 
management for an entire ecosystem.
  My colleagues in the House have worked hard to address the concerns 
of the Administration and they have made several changes to the House 
version as introduced in an effort to improve the legislation. We have 
redrawn maps, eliminated roads from wilderness areas, eliminated cherry 
stems of other roads and increased the size of wilderness and semi-
primitive areas. Specifically, by including new provisions dealing with 
the Compact and Heritage Plan, the new language ensures that the 
resources found in the county will be properly surveyed and understood 
prior to the Heritage Area moving forward.
  With regards to the Conservation Area, bill language guarantees that 
the management plan will not impair any of the important resources 
within the Swell. We have also included new language that ensures the 
Secretary of Interior is fully represented on the Advisory Council.
  The San Rafael Swell National Heritage and Conservation Act is unique 
in that it sets the San Rafael Swell apart from Utah's other national 
parks and monuments. It protects not only the important lands in this 
area but also another resource just as precious--its captivating 
history and heritage. This bill is an example of how a legislative 
solution can result from a grassroots effort involving both state and 
local government officials, the BLM, historical preservation groups, 
and wildlife enthusiasts. Most important, it takes the necessary steps 
to preserve the wilderness value of these lands.
  This legislation has broad statewide and local support. It is sound, 
reasonable, and innovative in its approach to protecting and managing 
the public land treasures of the San Rafael Swell. Finally, it is based 
on the scientific methods of ecosystem management and prevents the 
fracturing of large areas of multiple use lands with small parcels of 
wilderness interspersed between.
  Mr. President, I will conclude with this point; the wilderness debate 
in Utah has gone on too long. My colleagues will be reminded that in 
the last Congress, the debate centered around whether two million acres 
or 5.7 million acres were the proper amount of wilderness to designate. 
We are now trying to protect more than 600,000 acres in one county in 
Utah alone. The Emery County Commissioners should be commended for 
their foresight and vision in preparing this proposal. I hope that this 
legislation can become a model for future conflict resolutions.
  Unfortunately, the shouting match over acreage has often drowned out 
the discussion over what types of protection were in order for these 
lands. I doubt that there are few people who would debate the need to 
protect these lands. But too often in the past we have argued over the 
definition of what constitutes ``protection.'' Unfortunately for some 
groups, a certain designation is the only method of acceptable 
protection. I urge those groups to look beyond the trees and see the 
forest for a change. Should these groups decide to come to the table, 
lend their considerable expertise to our efforts and try to reach a 
consensus, the first steps toward resolving the decades-old wilderness 
debate in Utah will have been taken.
  I hope my colleagues will carefully review this legislation and 
support for this bill.
  Mr. HATCH. Mr. President, I rise in support of the San Rafael Swell 
National Heritage and Conservation Act. As a cosponsor of this measure, 
I applaud the efforts of my friend and colleague, Senator Bennett, for 
bringing this matter before the United States Senate. This is a 
refreshing approach to managing public lands in the West.
  This legislation reflects the ability of our citizens to make wise 
decisions about how land in their area should be used and protected. It 
is an article of our democracy that we recognize the prerogatives and 
preferences of citizens who are most affected by public policy. This 
measure gives citizens who live next to these lands a say as to what is 
right and appropriate for the land's management. I believe this 
initiative, which began locally at the grassroots level, is a cynosure 
for future land management decisions in the West.
  Much more than simply protecting rocks and soil, this legislation 
safeguards wildlife and their habitat, cultural sites and artifacts, 
and Indian and Western heritage. This is not your standard one-size-
fits-all land management plan. It provides for the conservation of this 
unique area, opting to encourage visitors not development.
  Mr. President, the San Rafael Swell is an area of immense scenic 
beauty and cultural heritage. It was once the home to Native Americans 
who adorned the area with petroglyphs on the rock outcrops and canyon 
walls. What were once their dwellings are now significant 
archaeological sites scattered throughout the Swell. After the Indian 
tribes came explorers, trappers, and outlaws. In the 1870s, ranchers 
and cowboys came to the area and began grazing the land, managing it 
for its continued sustainability. Today, there are still citizens with 
roots in this long western tradition. These citizens understand the 
land; they understand conservation and preservation principles; and 
they want to see the land they love and depend on preserved for present 
and future generations.
  First of all, Mr. President, this legislation sets up a National 
Heritage Area, the first of its kind west of the Mississippi. In the 
new National Heritage Area, tourists will walk where Indians walked and 
where other outstanding historical figures such as Kit

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Carson, Chief Walker, Jedediah Smith, John Wesley Powell, Butch 
Cassidy, and John C. Fremont spent time. The area already boasts a 
number of fine museums, including the John Wesley Powell Museum, the 
Museum of the San Rafael, the College of Eastern Utah Prehistoric 
Museum, the Helper Mining Museum, and the Cleveland-Lloyd Dinosaur 
Quarry. Consolidated under the new National Heritage Area, these 
important sites and museums will add a Western flavor to the already 
diverse network of existing National Heritage Areas in our nation.
  Next, this legislation sets up one of our nation's most significant 
and dynamic conservation areas. The San Rafael Conservation Area will 
encompass the entire San Rafael Swell and protect approximately 1 
million acres of scenic splendor. The area will be managed according to 
the same standards set by Congress for all other conservation areas. In 
fact, this legislation withdraws the entire San Rafael Swell from 
future oil drilling, logging, mining, and tar sands development. 
Moreover, the area will protect important paleontological resources 
including an area on the northern edge of the Swell know as the 
Cleveland-Lloyd Dinosaur Quarry which was set aside in 1966 as a 
National Natural Landmark, preserving one of the largest sources of 
fossils in the New World.
  Of particular interest, Mr. President, is the designation of the 
Desert Bighorn Sheep National Management Area. This provision ensures 
that our precious herd of bighorn sheep will continue to be monitored 
by state wildlife managers. The bill also provides strict protections 
to other resources in the area. Last but not least, Mr. President, this 
legislation formally designates certain areas within the Swell as 
wilderness.
  This proposal preserves a portion of the West as it currently exists 
and allows for traditional uses, where appropriate, such as hunting, 
trapping, and fishing. It will foster the development and management of 
tourism in keeping with the overall goals of preservation. This 
management concept is one of multiple use and allows for the 
continuation of working landscapes including agriculture, irrigation, 
and ranching, which are a part of our Western tradition.
  Mr. President, this initiative is compatible with local and regional 
needs, but it invites the world to come and enjoy the natural and 
historical treasures of the San Rafael Swell. I urge my colleagues to 
support this important citizens' initiative to preserve the San Rafael 
Swell.
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