[Congressional Record Volume 146, Number 11 (Wednesday, February 9, 2000)]
[Senate]
[Pages S547-S549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself and Mr. Bennett):
  S. 2048. A bill to establish the San Rafael Western Legacy District 
in the State of Utah, and for other purposes; to the Committee on 
Energy and Natural Resources.


    san rafael western legacy district and national conservation act

  Mr. HATCH. Mr. President, I rise today to introduce the San Rafael 
Western Legacy District and National Conservation Act. I am proud to 
sponsor this legislation which is a result of local citizens working 
together with federal land managers to produce a plan that promotes and 
protects one of our nation's finest natural treasures, the San Rafael 
Swell in Emery County, Utah.
  This is by no means a standard one-size-fits-all land management 
scheme. It reflects both local and national interests. I wish to 
congratulate the elected officials of Emery County, Secretary of 
Interior Bruce Babbitt, local citizen groups, and local Bureau of Land 
Management professionals for their willingness to come to the table and 
craft this proposal. It is a testament to what I have always believed: 
that those who live on and around our public lands love the land and, 
given the chance, will find ways to help protect it. I hope that this 
effort to work out solutions to land issues with meaningful local input 
will become the norm for federal land policy.
  Mr. President, under this legislation, 2.8 million acres will be 
designated as the San Rafael Western Legacy District. Visitors to the 
San Rafael will be able to see where Kit Carson, Chief Walker, Wesley 
Powell, Butch Cassidy and many others became famous, or infamous as the 
case may be. Backpackers and day hikers will be surprised by 
petroglyphs that tell stories of Native American ancestors and that 
give a picture of life as it once was. Families will enjoy access to 
one of the largest sources of fossils in the New World. They will also 
enjoy a variety of quality museums that already exist in the area which 
take us back in time, whether it be the time of dinosaurs, Native 
Americans, pioneers and the wild west, early explorers, or even the 
early atomic arms race.
  A the core of this Western Legacy District will be the San Rafael 
National Conservation Area, which will withdraw approximately 1 million 
acres from development. Mr. President, Congress cannot create 
spectacular geologic formations, such as the San Rafael Swell, but this 
legislation will protect what God has given us. The San Rafael Swell is 
vast and can accommodate all types of experiences including wilderness, 
wildlife viewing, fishing, mountain biking, and other activities. The 
specifics for these uses will be detailed in a forty year planning 
process led by the Secretary of Interior.
  Mr. President, I am very pleased to introduce this legislation along 
with my good friend and colleague Senator Robert Bennett. A companion 
measure in the House is sponsored by Representative Chris Cannon.
  The San Rafael Swell is an area rich in history, beauty, culture, and 
tradition. This legislation protects the San Rafael for all citizens in 
a manner that reflects the needs of those directly affected by its 
bounties. I urge my colleagues to support this legislation.
  I ask unanimous consent for the text of the fill to be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record as follows:

                                S. 2048

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.

[[Page S548]]

              TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT

Sec. 101. Establishment of the San Rafael Western Legacy District.
Sec. 102. Management and use of the San Rafael Western Legacy District.

            TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA

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

     SEC. 2. PURPOSES.

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

     SEC. 3. DEFINITIONS.

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

              TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT

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

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

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

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

            TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA

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

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

     SEC. 202. MANAGEMENT OF THE CONSERVATION AREA.

       (a) Management.--The Secretary shall manage the 
     Conservation Area in a manner that--
       (1) conserves, protects, and enhances the resources and 
     values of the Conservation Area, including the resources and 
     values specified in section 2(2); and
       (2) is consistent with--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (B) other applicable provisions of law (including this 
     Act).
       (b) Uses.--
       (1) In general.--The Secretary shall allow only such uses 
     of the Conservation Area as the Secretary finds will further 
     the purposes for which the Conservation Area was established.
       (2) Motorized vehicles.--Except where needed for 
     administrative purposes or to respond to an emergency, use of 
     motorized vehicles in the Conservation Area shall be 
     permitted only on roads and trails designated for use of 
     motorized vehicles as part of the management plan.
       (c) Withdrawals.--
       (1) In general.--Subject to valid existing rights and 
     except as provided in paragraph (2), all Federal land within 
     the Conservation Area and all land and interests in land that 
     are acquired by the United States after the date of enactment 
     of this Act are withdrawn from--
       (A) all forms of entry, appropriation, or disposal under 
     the public land laws;

[[Page S549]]

       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing and geothermal leasing 
     laws.
       (2) Communication facilities.--
       (A) In general.--The Secretary may authorize the 
     installation of communication facilities within the 
     Conservation Area only to the extent that the facilities are 
     necessary for public safety purposes.
       (B) Minimal impact.--Communication facilities shall--
       (i) have a minimal impact on the resources of the 
     Conservation Area; and
       (ii) be consistent with the management plan.
       (d) Hunting, Trapping, and Fishing.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall permit hunting, trapping, and fishing within 
     the Conservation Area in accordance with applicable laws 
     (including regulations) of the United States and the State of 
     Utah.
       (2) Regulations.--The Secretary, after consultation with 
     the Utah Division of Wildlife Resources, may promulgate 
     regulations designating zones where and establishing periods 
     when no hunting, trapping, or fishing shall be permitted in 
     the Conservation Area for reasons of public safety, 
     administration, or public use and enjoyment.
       (e) Management Plan.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive plan for the long-range protection and 
     management of the Conservation Area.
       (2) Contents.--The management plan--
       (A) shall describe the appropriate uses and management of 
     the Conservation Area consistent with this Act; and
       (B) may--
       (i) incorporate appropriate decisions contained in any 
     management or activity plan for the area; and
       (ii) use information developed in previous studies of the 
     land within or adjacent to the Conservation Area.
       (f) State Trust Lands.--The State of Utah and the Secretary 
     may exchange Federal land, Federal mineral interests, or 
     payment of money for land and mineral interests of 
     approximately equal value that are managed by the Utah School 
     and Institutional Trust Lands Administration within the 
     Conservation Area.
       (g) Access.--The Secretary, the State of Utah, and Emery 
     County, Utah, may agree to resolve section 2477 of the 
     Revised Statutes and other access issues within the 
     Conservation Area.
       (h) Wildlife Management.--Nothing in this Act diminishes 
     the responsibility and authority of the State of Utah for 
     management of fish and wildlife within the Conservation Area.
       (i) Grazing.--Where the Secretary permits livestock grazing 
     on the date of enactment of this Act, such grazing shall be 
     allowed subject to all applicable laws (including 
     regulations) and executive orders.
       (j) No Buffer Zones.--
       (1) In general.--Congress does not intend for the 
     establishment of the Conservation Area to lead to the 
     creation of protective perimeters or buffer zones around the 
     Conservation Area.
       (2) Activities outside conservation area.--That there may 
     be activities or uses of land outside the Conservation Area 
     that would not be permitted in the Conservation Area shall 
     not preclude such activities or uses on the land up to the 
     boundary of the Conservation Area (or on private land within 
     the Conservation Area) consistent with other applicable laws.
       (k) Water Rights.--
       (1) In general.--The establishment of the Conservation Area 
     shall not constitute any implied or express reservation of 
     any water or water right pertaining to surface or ground 
     water.
       (2) State rights.--Nothing in this Act affects--
       (A) any valid existing surface water or ground water right 
     in effect on the date of enactment of this Act; or
       (B) any water right approved after the date of enactment of 
     this Act under the laws of the State of Utah or any other 
     State.
       (l) No Effect on Application of Other Acts.--
       (1) In general.--Nothing in this Act affects the 
     application of any provision of the Wilderness Act (16 U.S.C. 
     1131) or the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.) to wilderness resources in the 
     Conservation Area.
       (2) Issue resolution.--Recognizing that the designation of 
     a wilderness area for inclusion in the National Wilderness 
     Preservation System requires an Act of Congress, the 
     Secretary, the State of Utah, Emery County, Utah, and 
     affected stakeholders may work toward resolving wilderness 
     issues within the Conservation Area.
                                 ______