House Report 105-685 - SAN RAFAEL SWELL NATIONAL HERITAGE AND CONSERVATION ACT

[House Report 105-685]
[From the U.S. Government Publishing Office]

105th Congress Report
HOUSE OF REPRESENTATIVES

2d Session 105-685
_______________________________________________________________________

SAN RAFAEL SWELL NATIONAL HERITAGE AND CONSERVATION ACT

August 7, 1998.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Young of Alaska, from the Committee on Resources, submitted the
following

R E P O R T

together with

DISSENTING VIEWS

[To accompany H.R. 3625]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill
(H.R. 3625) to establish the San Rafael Swell National Heritage
Area and the San Rafael Swell National Conservation Area in the
State of Utah, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``San Rafael Swell National Heritage and
Conservation Act''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

TITLE I--SAN RAFAEL SWELL NATIONAL HERITAGE AREA

Sec. 101. Short title; findings; purposes.
Sec. 102. Designation.
Sec. 103. Definitions.
Sec. 104. Grants, technical assistance, and other duties and
authorities of Federal agencies.
Sec. 105. Compact and heritage plan.
Sec. 106. Heritage Council.
Sec. 107. Lack of effect on land use regulation.
Sec. 108. Authorization of appropriations.

TITLE II--SAN RAFAEL SWELL NATIONAL CONSERVATION AREA

Subtitle A--Establishment of Conservation Area

Sec. 201. Definition of plan.
Sec. 202. Establishment of national conservation area.
Sec. 203. Management.
Sec. 204. Additions.
Sec. 205. Advisory Council.
Sec. 206. Relationship to other laws and administrative provisions.
Sec. 207. Communications equipment.

Subtitle B--Wilderness Areas Within Conservation Area

Sec. 221. Designation of wilderness.
Sec. 222. Administration of wilderness areas.
Sec. 223. Livestock.
Sec. 224. Wilderness release.

Subtitle C--Other Special Management Areas

Sec. 231. San Rafael Swell Desert Bighorn Sheep Management Area.
Sec. 232. Semi-primitive nonmotorized use areas.
Sec. 233. Scenic visual area of critical environmental concern.

TITLE III--GENERAL MANAGEMENT PROVISIONS

Sec. 301. Livestock grazing.
Sec. 302. Cultural and paleontological resources.
Sec. 303. Land exchanges relating to school and institutional trust
lands.
Sec. 304. Water rights.
Sec. 305. Miscellaneous.

SEC. 3. DEFINITIONS.

In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the San Rafael Swell National Conservation Area Advisory
Council established under section 205.
(2) Conservation area.--The term ``conservation area'' means
the San Rafael Swell National Conservation Area established by
section 202.
(3) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(4) National heritage area.--The term ``national heritage
area'' means the San Rafael Swell National Heritage Area
established by section 103.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
(6) Semi-primitive area.--The term ``semi-primitive area''
means any area designated as a semi-primitive nonmotorized use
area under section 232.

TITLE I--SAN RAFAEL SWELL NATIONAL HERITAGE AREA

SEC. 101. SHORT TITLE; FINDINGS; PURPOSES.

(a) Short Title.--This title may be cited as the ``San Rafael Swell
National Heritage Area Act''.
(b) Findings.--Congress finds the following:
(1) The history of the American West is one of the most
significant chapters of United States history, and the major
themes and images of the history of the American West provide a
legacy that has done much to shape the contemporary culture,
attitudes, and values of the American West and the United
States.
(2) The San Rafael Swell region of the State of Utah was one
of the country's last frontiers and possesses important
historical, cultural, and natural resources that are
representative of the central themes associated with the
history of the American West, including themes of pre-Columbian
and Native American culture, exploration, pioneering,
settlement, ranching, outlaws, prospecting and mining, water
development and irrigation, railroad building, industrial
development, and the utilization and conservation of natural
resources.
(3) The San Rafael Swell region contains important historical
sites, including sections of the Old Spanish Trail, the Outlaw
Trail, the Green River Crossing, and numerous sites associated
with cowboy, pioneer, and mining history.
(4) The heritage of the San Rafael Swell region includes the
activities of many prominent historical figures of the old
American West, such as Chief Walker, John Wesley Powell, Kit
Carson, John C. Fremont, John W. Gunnison, Butch Cassidy, John
W. Taylor, and the Swasey brothers.
(5) The San Rafael Swell region has a notable history of coal
and uranium mining, and a rich cultural heritage of activities
associated with mining, such as prospecting, railroad building,
immigrant workers, coal camps, labor union movements, and
mining disasters.
(6) The San Rafael Swell region is widely recognized for its
significant paleontological resources and dinosaur bone
quarries, including the Cleveland Lloyd Dinosaur Quarry which
was designated as a National Natural Landmark in 1966.
(7) The beautiful rural landscapes, historic and cultural
landscapes, and spectacular scenic vistas of the San Rafael
Swell region contain significant undeveloped recreational
opportunities for people throughout the United States.
(8) Museums and visitor centers have already been constructed
in the San Rafael Swell region, including the John Wesley
Powell River History Museum, the College of Eastern Utah
Prehistoric Museum, the Museum of the San Rafael, the Western
Mining and Railroad Museum, the Emery County Pioneer Museum,
and the Cleveland Lloyd Dinosaur Quarry, and these museums are
available to interpret the themes of the national heritage area
established by this title and to coordinate the interpretive
and preservation activities of the area.
(9) Despite the efforts of the State of Utah, political
subdivisions of the State, volunteer organizations, and private
businesses, the cultural, historical, natural, and recreational
resources of the San Rafael Swell region have not realized
their full potential and may be lost without assistance from
the Federal Government.
(10) Many of the historical, cultural, and scientific sites
of the San Rafael Swell region are located on lands owned by
the Federal Government and are managed by the Bureau of Land
Management or the United States Forest Service.
(11) The preservation of the cultural, historical, natural,
and recreational resources of the San Rafael Swell region
within a regional framework requires cooperation among local
property owners and Federal, State, and local government
entities.
(12) Partnerships between Federal, State, and local
governments, local and regional entities of these governments,
and the private sector offer the most effective opportunities
for the enhancement and management of the cultural, historical,
natural, and recreational resources of the San Rafael Swell
region.
(c) Purposes.--The purposes of this title are--
(1) to establish the San Rafael Swell National Heritage Area
to promote the preservation, conservation, interpretation, and
development of the historical, cultural, natural, and
recreational resources related to the historical, cultural, and
industrial heritage of the San Rafael Swell region of the State
of Utah, which includes the counties of Carbon and Emery, and
portions of the county of Sanpete;
(2) to encourage within the national heritage area a broad
range of economic and recreational opportunities to enhance the
quality of life for present and future generations;
(3) to assist the State of Utah, political subdivisions of
the State and their local and regional entities, and nonprofit
organizations, or combinations thereof, in preparing and
implementing a heritage plan for the national heritage area and
in developing policies and programs that will preserve,
enhance, and interpret the cultural, historical, natural,
recreational, and scenic resources of the heritage area; and
(4) to authorize the Secretary of the Interior to provide
financial assistance and technical assistance to support the
preparation and implementation of the heritage plan for the
national heritage area.

SEC. 102. DESIGNATION.

There is hereby designated the San Rafael Swell National Heritage
Area.

SEC. 103. DEFINITIONS.

For purposes of this title:
(1) Compact.--The term ``compact'' means an agreement
described in section 105(a).
(2) Financial assistance.--The term ``financial assistance''
means funds appropriated by the Congress and made available to
the Heritage Council for the purposes of preparing and
implementing a heritage plan.
(3) Heritage area.--The term ``Heritage Area'' means the San
Rafael Swell National Heritage Area established by this title.
(4) Heritage plan.--The term ``heritage plan'' means a plan
described in section 105(b).
(5) Heritage council.--The term ``Heritage Council'' means
the entity designated in the compact for a National Heritage
Area and described in section 106(a).
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) Technical assistance.--The term ``technical assistance''
includes--
(A) assistance by the Secretary in the preparation of
any heritage plan, compact, or resource inventory; and
(B) professional guidance provided by the Secretary.
(8) Unit of government.--The term ``unit of government''
means the government of a State, a political subdivision of a
State, or an Indian tribe.

SEC. 104. GRANTS, TECHNICAL ASSISTANCE, AND OTHER DUTIES AND
AUTHORITIES OF FEDERAL AGENCIES.

(a) Grants.--
(1) In general.--The Secretary may make grants for the
purposes of this title to any unit of government or to the
Heritage Council.
(2) Permitted and prohibited uses of grants.--
(A) Permitted uses.--Grants made under this section
may be used for reports, studies, interpretive
exhibits, historic preservation projects, construction
of cultural, recreational, and interpretive facilities
that are open to the public, and such other
expenditures as are consistent with this title.
(B) Prohibited uses.--Grants made under this section
may not be used for acquisition of real property or any
interest in real property.
(3) Applicability of restrictions to subgrants.--For purposes
of paragraph (2), any subgrant made from funds received as a
grant (or subgrant) made under this section shall be treated as
a grant made under this section.
(4) Protection of federal investment.--Any grant made under
this section shall be subject to an agreement that conversion,
use, or disposal of the project so assisted for purposes
contrary to the purposes of this title, as determined by the
Secretary, shall result in a right of the United States to
compensation equal to the greater of--
(A) all Federal funds made available to such project
under this title; or
(B) the proportion of the increased value of the
project attributable to such funds, as determined at
the time of such conversion, use, or disposal.
(b) Technical Assistance.--The Secretary may provide technical
assistance with respect to this title.
(c) Duration of Eligibility for Grants and Technical Assistance.--The
Secretary may not provide any grant, and may provide only limited
technical assistance, under this title after the expiration of the 10-
year period beginning on the date of the designation of the National
Heritage Area.
(d) Disqualification for Federal Funding.--If a heritage plan meeting
the requirements of section 105(b) is not forwarded to the Secretary as
required under section 106(b)(1) within the time specified in section
106(b)(1), the Secretary may not, after such time, provide technical
assistance or grants under this title until such a heritage plan for
the National Heritage Area is developed and forwarded to the Secretary.
(e) Other Duties and Authorities of Secretary.--
(1) Signing of compact.--The Secretary shall sign or withhold
signature on any proposed compact submitted under this title
not later than 90 days after receiving the proposed compact. If
the Secretary withholds signature on the proposed compact, the
Secretary shall advise the submitter, in writing, of the
reasons. The Secretary shall sign or withhold signature on each
proposed revision to the proposed compact not later than 90
days after receiving the proposed revision. A submitter shall
hold a public meeting in the immediate vicinity of the proposed
National Heritage Area before making any major revisions in any
proposed compact submitted under this title.
(2) Monitoring of national heritage area.--The Secretary
shall monitor the National Heritage Area. Monitoring of the
National Heritage Area shall include monitoring to ensure
compliance with the terms of the compact for the area.
(f) Duties of Federal Entities.--Any Federal entity conducting or
supporting activities within the National Heritage Area, and any unit
of government acting pursuant to a grant of Federal funds or a Federal
permit or agreement and conducting or supporting such activities,
shall, to the maximum extent practicable--
(1) consult with the Secretary and the Heritage Council for
the National Heritage Area with respect to such activities; and
(2) cooperate with the Secretary and the Heritage Council in
the carrying out of the duties of the Secretary and the
Heritage Council under this title, and coordinate such
activities to minimize any real or potential adverse impact on
the National Heritage Area.
(g) Prohibition of Certain Requirements.--The Secretary may not, as a
condition of the award of technical assistance or financial assistance
under this section, require any recipient of such assistance to enact
or modify land use restrictions.

SEC. 105. COMPACT AND HERITAGE PLAN.

(a) Compact.--
(1) In general.--The compact submitted under this title with
respect to the National Heritage Area shall consist of an
agreement entered into by the Secretary, the Secretary of
Agriculture, and the Governor of Utah or a designee of the
Governor, in coordination with the Heritage Council. Such
agreement shall define the area, describe anticipated programs
for the area, and include information relating to the
objectives and management of the area. Such information shall
include, but need not be limited to, each of the following:
(A) Boundaries.--A delineation of the boundaries of
the National Heritage Area. Such boundaries shall
include the land generally depicted on the map entitled
San Rafael Swell National Heritage-Conservation Area
Proposed, dated June 12, 1998, which shall be on file
and available for public inspection in the office of
the Director of the Bureau of Land Management.
(B) Management entity.--An identification and
description of the Heritage Council.
(C) Non-federal participants.--A list of the initial
participants to be involved in developing and
implementing the heritage plan and a statement of the
financial commitment of those participants.
(D) Goals, objectives, and conceptual framework.--A
discussion of the goals, objectives, and cost of the
National Heritage Area, including an explanation of--
(i) the conceptual framework, proposed by the
partners referred to in subparagraph (C), for
development and implementation of the heritage
plan for the National Heritage Area; and
(ii) the costs associated with the conceptual
framework.
(E) Role of state.--A description of the role of the
State of Utah.
(2) Consistency with economic viability.--The compact
submitted under this title shall be consistent with continued
economic viability in the communities within the National
Heritage Area.
(3) Initiation of actions.--Actions called for in the compact
shall be initiated within a reasonable time after designation
of the National Heritage Area and shall ensure effective
implementation of the State and local aspects of the compact.
(b) Heritage Plan.--
(1) In general.--The heritage plan forwarded to the Secretary
under this title shall be a plan which sets forth the strategy
to implement the goals and objectives of the National Heritage
Area. The heritage plan shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of
the area;
(B) be prepared with public participation;
(C) take into consideration existing Federal, State,
county, and local plans and involve residents, private
property owners, public agencies, and private
organizations in the area;
(D) include a description of actions that units of
government and private organizations could take to
protect the resources of the area; and
(E) specify existing and potential sources of funding
for the conservation, management, and development of
the area.
(2) Additional information.--The heritage plan forwarded to
the Secretary under this title also shall include the
following, as appropriate:
(A) Inventory of resources.--An inventory of
important natural, cultural, or historic resources
which illustrate the themes of the National Heritage
Area.
(B) Recommendations for management.--A recommendation
of policies for management of the historical, cultural,
and natural resources and the recreational and
educational opportunities of the area in a manner
consistent with the support of appropriate and
compatible economic viability.
(C) Program and commitments.--A program for
implementation of the heritage plan by the Heritage
Council and specific commitments, for the first 5 years
of operation of the heritage plan, by the partners
identified in the compact.
(D) Analysis of coordination.--An analysis of means
by which Federal, State, and local programs may best be
coordinated to promote the purposes of this title.
(E) Interpretive plan.--An interpretive plan for the
National Heritage Area.
(3) Relationship to conservation area management plan.--The
heritage plan and the conservation area management plan shall
not be inconsistent. However, nothing in the heritage plan may
supersede the management plan for the conservation area under
section 203, with respect to the application of the management
plan to the conservation area.

SEC. 106. HERITAGE COUNCIL.

(a) In General.--The management entity for the National Heritage Area
shall be known as the ``Heritage Council''. The Heritage Council shall
be an entity that reflects a broad cross-section of interests within
the National Heritage Area and shall include--
(1) at least 1 representative of one or more units of
government in the State of Utah;
(2) representatives of interested or affected groups; and
(3) private property owners who reside within the National
Heritage Area.
(b) Duties.--The Heritage Council shall fulfill each of the following
requirements:
(1) Heritage plan.--Not later than 3 years after the date of
the designation of the National Heritage Area, the Heritage
Council shall develop and forward to the Secretary and to the
Governor of Utah a heritage plan in accordance with the compact
under subsection (a).
(2) Priorities.--The Heritage Council shall give priority to
the implementation of actions, goals, and policies set forth in
the compact and heritage plan for the National Heritage Area,
including assisting units of government and others in--
(A) carrying out programs which recognize important
resource values within the National Heritage Area;
(B) encouraging economic viability in the affected
communities;
(C) establishing and maintaining interpretive
exhibits in the area;
(D) developing recreational and educational
opportunities in the area;
(E) increasing public awareness of and appreciation
for the natural, historical, and cultural resources of
the area;
(F) restoring historic buildings that are located
within the boundaries of the area and relate to the
theme of the area; and
(G) ensuring that clear, consistent, and appropriate
signs identifying public access points and sites of
interest are put in place throughout the area.
(3) Consideration of interests of local groups.--The Heritage
Council shall, in developing and implementing the heritage plan
for the National Heritage Area, consider the interests of
diverse units of government, businesses, private property
owners, and nonprofit groups within the geographic area.
(4) Public meetings.--The Heritage Council shall conduct
public meetings at least annually regarding the implementation
of the heritage plan for the National Heritage Area. The
Heritage Council shall place a notice of each such meeting in a
newspaper of general circulation in the area and shall make the
minutes of the meeting available to the public.

SEC. 107. LACK OF EFFECT ON LAND USE REGULATION.

(a) Lack of Effect on Authority of Governments.--Nothing in this
title shall be construed to modify, enlarge, or diminish any authority
of Federal, State, and local governments to regulate any use of land as
provided for by law or regulation.
(b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this
title shall be construed to grant powers of zoning or land use to the
management entity for the National Heritage Area.
(c) BLM Authority.--
(1) In general.--Nothing in this title shall be construed to
modify, enlarge, or diminish the authority of the Secretary or
the Bureau of Land Management with respect to lands under the
administrative jurisdiction of the Bureau.
(2) Cooperation.--In carrying out this title, the Secretary
shall work cooperatively under the Federal Land Policy and
Management Act of 1976 with the Forest Service, the Heritage
Council under section 106, State and local governments, and
private entities.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated for grants
made and technical assistance provided under subsections (a) and (b),
respectively, of section 104, and the administration of such grants and
assistance, not more than $1,000,000 annually, to remain available
until expended.
(b) Annual Allocation for Grants.--In any fiscal year, not less than
70 percent of the funds obligated under this title shall be used for
grants made under section 104(a).
(c) Limitation on Percent of Cost.--
(1) In general.--Federal funding provided under this title,
after the designation of the National Heritage Area, for any
technical assistance or grant with respect to the area may not
exceed 50 percent of the total cost of the assistance or grant.
Federal funding provided under this title with respect to an
area before the designation of the area as the National
Heritage Area may not exceed an amount proportionate to the
level of local support of and commitment to the designation of
the area.
(2) Treatment of donations.--The value of property or
services donated by non-Federal sources and used for management
of the National Heritage Area shall be treated as non-Federal
funding for purposes of paragraph (1).
(d) Limitation on Total Funding.--Not more than a total of
$10,000,000 may be made available under this section with respect to
the National Heritage Area.
(e) Allocation of Appropriations.--Notwithstanding any other
provision of law, no funds appropriated or otherwise made available to
the Secretary to carry out this title--
(1) may be obligated or expended by any person unless the
appropriation of such funds has been allocated in the manner
prescribed by this title; or
(2) may be obligated or expended by any person in excess of
the amount prescribed by this title.

TITLE II--SAN RAFAEL SWELL NATIONAL CONSERVATION AREA

Subtitle A--Establishment of Conservation Area

SEC. 201. DEFINITION OF PLAN.

In this title, the term ``plan'' means the comprehensive management
plan developed for the national conservation area under section 203,
including such revisions thereto as may be required in order to
implement this title.

SEC. 202. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.

(a) Establishment.--In order to preserve and maintain heritage,
tourism, recreational, historical, scenic, archaeological,
paleontological, biological, cultural, scientific, educational, and
economic resources, there is hereby established the San Rafael Swell
National Conservation Area.
(b) Area Included.--The conservation area shall consist of all public
lands within the exterior boundaries of the conservation area,
comprised of approximately 630,000 acres, as generally depicted on the
map entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998, including areas depicted within those
boundaries on that map as ``Proposed Wilderness'', ``Proposed Bighorn
Sheep Management Area'', ``Scenic Visual Area of Critical Environmental
Concern'', and ``Semi-Primitive Non-Motorized Use Areas''.
(c) Map and Legal Description.--As soon as is practicable after
enactment of this Act, the map referred to in subsection (b) and a
legal description of the conservation area shall be filed by the
Secretary with the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate. Such map and description shall have the same force and
effect as if included in this Act, except that the Secretary may
correct clerical and typographical errors in such map and legal
description. Such map and description shall be on file and available
for public inspection in the office of the Director and the Utah State
Director of the Bureau of Land Management of the Department of the
Interior.
(d) Withdrawals.--Subject to valid existing rights, the Federal lands
within the conservation area are hereby withdrawn from all forms of
entry, appropriation, or disposal under the public land laws; and from
entry, application, and selection under the Act of March 3, 1877 (Ch.
107, 19 Stat. 377, 43 U.S.C. 321 et seq.; commonly referred to as the
``Desert Lands Act''), section 4 of the Act of August 18, 1894 (Ch.
301, 28 Stat. 422; 43 U.S.C. 641; commonly referred to as the ``Carey
Act''), section 2275 of the Revised Statutes, as amended (43 U.S.C.
851), and section 2276 of the Revised Statutes (43 U.S.C. 852). The
Secretary shall return to the applicants any such applications pending
on the date of enactment of this Act, without further action. Subject
to valid existing rights, as of the date of enactment of this Act,
lands within the conservation area are withdrawn from location under
the general mining laws, the operation of the mineral and geothermal
leasing laws, and the mineral material disposal laws, except that
mineral materials subject to disposal may be made available from
existing sites to the extent compatible with the purposes for which the
conservation area is established.
(e) Closure to Forestry.--The Secretary shall prohibit all commercial
sale of trees, portions of trees, and forest products located in the
conservation area.

SEC. 203. MANAGEMENT.

(a) In General.--The Secretary shall, in consultation with the
Advisory Council and subject to valid existing rights, manage the
conservation area to conserve, protect, and enhance the resources of
the conservation area referred to in section 202(a), the Federal Land
Policy and Management Act of 1976, and other applicable laws.
(b) Uses.--The Secretary shall allow such uses of the conservation
area as are specified in the management plan developed under subsection
(b) and that the Secretary finds will further the conservation,
protection, enhancement, public use, and enjoyment of the resource
values referred to in section 202(a). Except when needed for
administrative and emergency purposes, the uses of motorized vehicles
in the conservation area shall be permitted only on roads and trails
specifically designated for such use as part of the management plan
prepared pursuant to subsection (c).
(c) Management Plan.--No later than 3 years after the date of
enactment of this Act, the Secretary, in cooperation with the Advisory
Council, shall develop a comprehensive plan for the long-range
management and protection of the conservation area. The plan shall be
developed with full opportunity for public participation and comment,
and shall contain provisions designed to assure access to a protection
of the heritage, tourism, recreational, historical, scenic,
archaeological, paleontological, biological, cultural, scientific,
educational, and economic resources and values of the conservation
area.
(d) Visitors.--
(1) Visitors center.--The Secretary may establish, in
cooperation with the Advisory Council and other public or
private entities as the Secretary considers appropriate, a
visitors center designed to interpret the history and the
geological, ecological, natural, cultural, and other resources
of the conservation area.
(2) Visitors use of area.--In addition to the Visitors
Center, the Secretary may provide for visitor use of the public
lands in the conservation area to such extent and in such
manner as the Secretary considers consistent with the purposes
for which the conservation area is established. To the extent
practicable, the Secretary shall make available to visitors and
other members of the public a map of the conservation area and
such other educational and interpretive materials as may be
appropriate.
(e) Cooperative Agreements.--The Secretary may provide technical
assistance to, and enter into such cooperative agreements and contracts
with, the State of Utah and with local governments and private entities
as the Secretary deems necessary or desirable to carry out the purposes
and policies of this title.

SEC. 204. ADDITIONS.

(a) Addition to Conservation Area.--Any lands located within the
boundaries of the conservation area that are acquired by the United
States on or after the date of enactment of this Act shall become a
part of the conservation area and shall be subject to this title.
(b) Land Exchanges To Resolve Conflicts.--The Secretary shall, within
4 years after the date of enactment of this Act, study, identify, and
initiate voluntary land exchanges which would resolve ownership-related
land use conflicts within the conservation area. Lands may be acquired
under this subsection only from willing sellers.

SEC. 205. ADVISORY COUNCIL.

(a) Establishment.--There is established the San Rafael Swell
National Conservation Area Advisory Council. The Advisory Council shall
advise the Secretary regarding management of the conservation area.
(b) Membership.--
(1) In general.--The Advisory Council shall consist of 11
members appointed by the Secretary from among persons who are
representative of the various major citizen's interests
concerned with the management of the public lands located in
the conservation area. Of the members--
(A) 2 shall be appointed from individuals recommended
by the Governor of the State of Utah;
(B) 4 shall be appointed from individuals recommended
by the Board of Commissioners of Emery County, Utah,
and shall include a representative of each of the Emery
County Public Lands Council and the San Rafael Regional
Heritage Council recognized under section 104(a);
(C) 1 shall be the Director of the Bureau of Land
Management in the State of Utah, or his or her
designee; and
(D) 4 shall be selected by the Secretary.
(2) Appointment process.--The Secretary shall appoint the
members of the Advisory Council in accordance with rules
prescribed by the Secretary.
(3) Terms.--(A) The term of members of the Advisory Council
shall be a period established by the Secretary, which may not
exceed 4 years and which, except as provided by subparagraph
(B), shall be the same for all members.
(B) In appointing the initial members of the Advisory
Council, the Secretary shall, for a portion of the members,
specify terms that are shorter than the period established
under subparagraph (A), as necessary to achieve staggering of
terms.
(c) Chairperson.--The Advisory Council shall have a Chairperson, who
shall be selected by the Advisory Council from among its members.
(d) Meetings.--The Advisory Council shall meet at least twice each
year, at the call of the Secretary or the Chairperson.
(e) Pay and Expenses.--Members of the Advisory Council shall serve
without pay, except travel and per diem shall be paid to each member
for meetings called by the Secretary or the Chairperson.
(f) Furnishing Advice.--The Advisory Council may furnish advice to
the Secretary with respect to the planning and management of the public
lands within the conservation area and such other matters as may be
referred to it by the Secretary.
(g) Termination.--The Advisory Council shall terminate 10 years after
the date of the enactment of this Act, unless otherwise extended by
law.

SEC. 206. RELATIONSHIP TO OTHER LAWS AND ADMINISTRATIVE PROVISIONS.

(a) Public Land Laws.--Except as otherwise specifically provided in
this Act, nothing in this title shall be construed as limiting the
applicability to lands in the conservation area of laws applicable to
public lands generally, including but not limited to the National
Historic Preservation Act (16 U.S.C. 470 et seq.), the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), or the
Native American Graves Protection and Repatriation Act (25 U.S.C. 3001
et seq.).
(b) Non-BLM Land.--Nothing in this title shall be construed as by
itself altering the status of any lands that on the date of enactment
of this Act were not managed by the Bureau of Land Management.

SEC. 207. COMMUNICATIONS EQUIPMENT.

Nothing in this Act shall be construed to prohibit the Secretary from
authorizing the installation of communications equipment in the
conservation area for public safety purposes, other than within areas
designated as wilderness, to the highest practicable degree consistent
with requirements and restrictions otherwise applicable to the
conservation area.

Subtitle B--Wilderness Areas Within Conservation Area

SEC. 221. DESIGNATION OF WILDERNESS.

(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following lands in the conservation
area, as generally depicted on the map entitled ``San Rafael Swell
National Heritage/Conservation Area Proposed'', dated June 12, 1998,
are hereby designated as wilderness and therefore as components of the
National Wilderness Preservation System:
(1) Crack Canyon Wilderness Area, consisting of approximately
25,624 acres.
(2) Mexican Mountain Wilderness Area, consisting of
approximately 27,257 acres.
(3) Muddy Creek Wilderness Area, consisting of approximately
39,348 acres.
(4) San Rafael Reef Wilderness Area, consisting of
approximately 48,227 acres.
(b) Map and Description.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and a legal
description of each area designated as wilderness by subsection (a)
with the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate. Each map and
description shall have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and typographical
errors in such maps and legal descriptions. Each map and legal
description shall be on file and available for public inspection in the
office of the Director of the Bureau of Land Management, and the office
of the State Director of the Bureau of Land Management in the State of
Utah, Department of the Interior.

SEC. 222. ADMINISTRATION OF WILDERNESS AREAS.

(a) In General.--Subject to valid existing rights and the full
exercise of those rights, each area designated as wilderness by this
title shall be administered by the Secretary in accordance with this
title and the Wilderness Act (16 U.S.C. 1131 et seq.).
(b) Incorporation of Acquired Lands and Interests.--Any lands or
interest in lands within the boundaries of an area designated as
wilderness by this title that is acquired by the United States after
the date of the enactment of this Act shall be added to and
administered as part of the wilderness area within which the acquired
lands or interest in lands are located.
(c) Management Plans.--As soon as possible after the date of the
enactment of this Act, the Secretary, in cooperation with the Advisory
Council, shall prepare plans in accordance with section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to
manage the areas designated as wilderness by this title.

SEC. 223. LIVESTOCK.

Grazing of livestock in areas designated as wilderness by this Act,
where such grazing is established before the date of the enactment of
this Act--
(1) may not be reduced, increased, or withdrawn, except based
solely on scientific analyses of range conditions; and
(2) shall be administered in accordance with section 4(d)(4)
of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines
set forth in House Report 96-1126.

SEC. 224. WILDERNESS RELEASE.

(a) Finding.--The Congress finds and directs that public lands
administered by the Bureau of Land Management within the conservation
area in the County of Emery, Utah, that are depicted on the map
entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998, have been adequately studied for
wilderness designation pursuant to section 603 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782).
(b) Release.--Any public lands administered by the Bureau of Land
Management within the conservation area in the County of Emery, Utah,
that are depicted on the map entitled ``San Rafael Swell National
Heritage/Conservation Area Proposed'', dated June 12, 1998, and that
are not designated as wilderness by this title are no longer subject to
section 603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)). Such lands shall be managed for public uses as
defined in section 103(c) of the Federal Land Policy and Management Act
of 1976 (43U.S.C. 1702(c)) and in accordance with land management plans
adopted pursuant to section 202 of such Act (43 U.S.C. 1712) and this
Act.

Subtitle C--Other Special Management Areas

SEC. 231. SAN RAFAEL SWELL DESERT BIGHORN SHEEP MANAGEMENT AREA.

(a) Establishment and Purposes.--
(1) Establishment.--There is hereby established in the
conservation area the San Rafael Swell Desert Bighorn Sheep
Management Area (in this section referred to as the
``management area'').
(2) Purposes.--The purposes of the management area are the
following:
(A) To provide for the prudent management of Desert
Bighorn Sheep and their habitat in the Sid's Mountain
area of the conservation area.
(B) To provide opportunities for watchable wildlife,
hunting, and scientific study of Desert Bighorn Sheep
and their habitat.
(C) To provide a seed source for other Desert Bighorn
Sheep herds, and a gene pool to protect genetic
diversity within the Desert Bighorn Sheep species.
(D) To provide educational opportunities to the
public regarding Desert Big Horn Sheep and their
environs.
(E) To maintain the natural qualities of the lands
and habitat of the management area to the extent
practicable with prudent management of desert bighorn
sheep.
(b) Area Included.--The management area shall consist of
approximately 73,909 acres of federally owned lands and interests
therein managed by the Bureau of Land Management as generally depicted
on the map entitled ``San Rafael Swell National Heritage/Conservation
Area Proposed'', dated June 12, 1998.
(c) Management and Use.--
(1) In general.--Except as otherwise provided in this
section, the management area and use of the management area
shall be subject to all requirements and restrictions that
apply to the conservation area.
(2) Mechanized travel.--The Secretary shall not allow any
mechanized travel in the management area, except--
(A) mechanized travel that is in accordance with the
plan; and
(B) mechanized travel by personnel of the Utah
Division of Wildlife Resources and the Bureau of Land
Management, including overflights of aircraft and
landings of helicopters, may be allowed as needed to
manage the Desert Bighorn Sheep and their habitat.
(3) Desert bighorn sheep management.--The Secretary and the
Utah Division of Wildlife Resources may use such management
tools as are needed to provide for the sustainability of the
Desert Bighorn Sheep herd and the range resource of the
management area, including animal transplanting (both into and
out of the management area), hunting, water development,
fencing, surveys, prescribed fire, control of noxious or
invading weeds, and predator control.
(4) Wildlife viewing.--The Secretary, in cooperation with the
State of Utah and the Advisory Council, shall manage the
management area to provide opportunities for the public to view
Desert Bighorn Sheep in their natural habitat. However, the
Secretary may restrict mechanized and nonmechanized visitation
to sensitive areas during critical seasons as needed to provide
for the proper management of the Desert Bighorn Sheep herd of
the management area.
(d) Management Plan.--
(1) In general.--The Secretary shall include a management
plan for the management area in the management plan for the
conservation area under section 203.
(2) Contents.--The management plan for the management area
shall establish goals and management steps to be taken within
the management area to achieve the purposes of the management
area under subsection (a)(2).
(3) Participation.--The Secretary shall cooperate with the
Utah Division of Wildlife Resources and the Advisory Council in
developing the management plan for the management area.
(e) Facilities.--
(1) In general.--The Secretary may establish, operate, and
maintain in the management area such facilities as are needed
to provide for the management and safety of recreational users
of the management area.
(2) Viewing sites.--Facilities under this subsection may
include improved sheep viewing sites around the periphery of
the management area, if such sites do not interfere with the
proper management of the sheep and their habitat.
(f) Development of Heritage Sites.--This section shall not be
construed to preclude the utilization, enhancement, and maintenance of
national heritage area sites in the management area, if such activities
do not conflict with the purposes of the management area under
subsection (a).

SEC. 232. SEMI-PRIMITIVE NONMOTORIZED USE AREAS.

(a) Designation and Purposes.--The Secretary shall designate areas in
the conservation area as semi-primitive nonmotorized use areas. The
purposes of the semi-primitive areas are the following:
(1) To provide opportunities for isolation from the sights
and sounds of man.
(2) To provide opportunities to have a high degree of
interaction with the natural environment.
(3) To provide opportunities for recreational users to
practice outdoor skills in settings that present moderate
challenge and risk.
(b) Area Included.--The semi-primitive areas shall consist generally
of approximately 120,695 acres of federally owned lands and interests
therein located in the conservation area that are managed by the Bureau
of Land Management, as generally depicted on the map entitled ``San
Rafael Swell National Heritage/Conservation Area Proposed'', dated June
12, 1998.
(c) Management and Use.--Except as otherwise provided in this
section, semi-primitive areas shall be subject to all requirements and
restrictions that apply to the conservation area.
(d) Management Plan.--
(1) In general.--The Secretary shall include a management
plan for the semi-primitive areas in the management plan for
the conservation area under section 203.
(2) Contents.--The management plans for the semi-primitive
areas shall establish goals and management steps to be taken
within the semi-primitive areas to achieve the purposes under
subsection (a).
(e) Development of Heritage Sites.--This section shall not be
construed to preclude the utilization, enhancement, and maintenance of
national heritage area sites in any semi-primitive area, if such
activities do not conflict with the purposes of the semi-primitive
areas under subsection (a).

SEC. 233. SCENIC VISUAL AREA OF CRITICAL ENVIRONMENTAL CONCERN.

(a) Designation and Purpose.--The Secretary shall designate areas in
the conservation area as a scenic visual area of critical environmental
concern (in this section referred to as the ``scenic visual ACEC'').
The purpose of the scenic visual ACEC is to preserve the scenic value
of the Interstate Route 70 corridor within the conservation area.
(b) Area Included.--The scenic visual ACEC shall consist generally of
approximately 27,670 acres of lands and interests therein located in
the conservation area bordering Interstate Route 70 that are managed by
the Bureau of Land Management, as generally depicted on the map
entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998.
(c) Management and Use.--Except as otherwise provided in this
section, the scenic visual ACEC shall be subject to all requirements
and restrictions that apply to the conservation area, and shall be
managed to protect scenic values in accordance with the Bureau of Land
Management document entitled ``San Rafael Resource Management Plan,
Utah, Moab District, San Rafael Resource Area, 1991''.

TITLE III--GENERAL MANAGEMENT PROVISIONS

SEC. 301. LIVESTOCK GRAZING.

(a) Areas Other Than Wilderness.--
(1) In general.--Except as provided in subsection (b), the
Secretary shall permit domestic livestock grazing in areas of
the conservation area where grazing was established before the
enactment of this Act. Grazing in such areas may not be
reduced, increased, or withdrawn, except based solely on
scientific analyses of range conditions.
(2) Compliance with applicable requirements.--Except as
provided in subsection (b), any livestock grazing on public
lands within the conservation
area and activities the Secretary determines necessary to carry
out proper and practical grazing management programs on such
public lands (such as animal damage control activities), shall
be managed in accordance with the Act of June 28, 1934 (43
U.S.C. 315 et seq.; commonly referred to as the ``Taylor
Grazing Act''), section 402 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1752), other laws applicable
to such use and programs on the public lands, and the
management plan for the conservation area.
(3) Certain water facilities not affected.--Nothing in this
Act shall affect the maintenance, repair, replacement, or
improvement of, or ingress to or egress from, water catchment,
storage, and conveyance facilities in existence before the date
of the enactment of this Act that are associated with livestock
or wildlife purposes, whether located within or outside of the
boundaries of areas designated as part of the conservation area
under this Act.
(b) Wilderness.--Subsection (a) shall not apply to any wilderness
designated by this Act.

SEC. 302. CULTURAL AND PALEONTOLOGICAL RESOURCES.

The Secretary shall allow for the discovery of, shall protect, and
may interpret, cultural or paleontological resources located within
areas designated as part of the conservation area, to the extent
consistent with the other provisions of this Act governing management
of those areas.

SEC. 303. LAND EXCHANGES RELATING TO SCHOOL AND INSTITUTIONAL TRUST
LANDS.

(a) Exchange Authorized.--
(1) Identification of lands and interests by state.--Not
later than 1 year after the date of enactment of this Act, the
Governor of the State of Utah may identify, describe, and
notify the Secretary of any school and institutional trust
lands the value or economic potential of which may be
diminished by establishment of the conservation area under this
Act, and that the State would like to exchange for other
Federal lands or interests in land within the State of Utah.
(2) Offer by secretary.--Not later than 1 year after the date
of receipt of notification under subsection (a), and after
seeking the advice of the Governor of the State of Utah on
potential lands for exchange, the Secretary shall transmit to
the Governor a list of Federal lands or interests in lands
within the State of Utah that the Secretary believes are
approximately equivalent in value to the lands described in
subsection (a) of this section, and shall offer such lands for
exchange to the State for the lands described in subsection
(a).
(b) Ensuring Equivalent Value.--
(1) In general.--In preparing the list under subsection
(a)(2), the Secretary shall take all steps as are necessary and
reasonable to ensure that the State of Utah agrees that the
lands offered by the Secretary are approximately equivalent in
value to the lands identified and described by the State under
subsection (a)(1).
(2) Accounting for revenue sharing.--If the State of Utah
shares revenue from the properties to be acquired by the State
under this section, the value of such properties shall be the
value otherwise established under this section, reduced by a
percentage that represents the Federal revenue sharing
obligation. The amount of such reduction shall not be
considered a property right of the State of Utah.
(c) Public Interest.--The exchange of lands included in the list
prepared under subsection (a)(2) shall be construed as satisfying the
provisions of section 206(a) of the Federal Land Policy and Management
Act of 1976 requiring that exchanges of lands be in the public
interest.
(d) Definitions.--As used in this section:
(1) School and institutional trust lands.--The term ``school
and institutional trust lands'' means those properties granted
by the United States in the Utah Enabling Act to the State of
Utah in trust, and other lands that under State law must be
managed for the benefit of the public school system or the
institutions of the State that are designated by the Utah
Enabling Act, that are located in the conservation area.
(2) Utah enabling act.--The term ``Utah Enabling Act'' means
the Act entitled ``An Act to enable the people of Utah to form
a constitution and State government, and to be admitted into
the Union on an equal footing with the original States'',
approved July 16, 1894 (chapter 138; 28 Stat. 107).

SEC. 304. WATER RIGHTS.

(a) Findings.--The Congress finds the following:
(1) The San Rafael Swell region of Utah is a high desert
climate with little annual precipitation and scarce water
resources.
(2) In order to preserve the limited amount of water
available to wildlife, the State of Utah has granted to the
Division of Wildlife Resources an in-stream flow right in the
San Rafael River.
(3) This preserved right will guarantee that wetland and
riparian habitats within the San Rafael region will be
protected for designations such as wilderness, semi-primitive
areas, bighorn sheep, and other Federal land needs within the
San Rafael Swell region.
(b) No Federal Reservation.--Nothing in this Act or any other Act of
Congress shall constitute or be construed to constitute either an
express or implied Federal reservation of water or water rights for any
purpose arising from the designation of areas as part of the
conservation area or as a wilderness or semi-primitive area under this
Act.
(c) Acquisition and Exercise of Water Rights Under Utah Law.--The
United States may acquire and exercise such water rights as it deems
necessary to carry out its responsibilities on any lands designated as
part of the conservation area under this Act pursuant to the
substantive and procedural requirements of the State of Utah. Nothing
in this Act shall be construed to authorize the use of eminent domain
by the United States to acquire water rights for such lands. Within
areas designated as part of the conservation area under this Act, all
rights to water granted under the laws of the State of Utah may be
exercised in accordance with the substantive and procedural
requirements of the State of Utah.
(d) Exercise of Water Rights Generally Under Utah Laws.--Nothing in
this Act shall be construed to limit the exercise of water rights as
provided under the laws of the State of Utah.
(e) Colorado River.--Nothing in this Act shall be construed to affect
the operation of any existing private, local, State, or federally owned
dam, reservoir, or other water works on the Colorado River or its
tributaries. Nothing in this Act shall alter, amend, construe,
supersede, or preempt any local, State, or Federal law; any existing
private, local, or State agreement; or any interstate compact or
international treaty pertaining to the waters of the Colorado River or
its tributaries.

SEC. 305. MISCELLANEOUS.

(a) State Fish and Wildlife Management.--In accordance with section
4(d)(7) of the Wilderness Act (16 U.S.C. 1131(d)(7)), nothing in this
Act shall be construed as affecting the jurisdiction or
responsibilities of the State of Utah with respect to fish and wildlife
management activities, including water development, predator control,
transplanting animals, stocking fish, hunting, fishing and trapping.
(b) Prohibition of Buffer Zones.--The Congress does not intend that
the designation of an area by this Act as part of the conservation area
or a wilderness or semi-primitive area lead to the creation of
protective perimeters or buffer zones around the area. It is the
intention of the Congress that any protective perimeter or buffer zone
be located wholly within such an area. The fact that nonconforming
activities or uses can be seen or heard from land within such an area
shall not, of itself, preclude such activities or uses up to the
boundary of the area. Nonconforming activities that occur outside of
the boundaries of such an area designated by this Act shall not be
taken into account in assessing unnecessary and undue degradation of
such an area.
(c) Roads and Rights-of-Way as Boundaries.--Unless depicted otherwise
on a map referred to in this Act, where roads form the boundaries of an
area designated as part of the conservation area or a wilderness or
semi-primitive area under this Act, the boundary of the area shall be
set back from the center line of the road as follows:
(1) A setback that corresponds with the boundary of the
right-of-way for Interstate 70.
(2) 150 feet for high standard roads.
(3) 100 feet for roads classified as County Class B roads.
(4) 50 feet for roads equivalent to County Class D roads.
(d) Access.--
(1) Reasonable access allowed.--Subject to valid existing
rights, reasonable access shall be allowed to existing
improvements, structures, and facilities, including those
related to water and grazing resources, which are within the
conservation area or a wilderness or semi-primitive area
designated under this Act, whether located on Federal or non-
Federal lands, in order that they may be operated, maintained,
repaired, modified, or replaced as necessary.
(2) Reasonable access defined.--For the purposes of this
subsection, the term ``reasonable access'' means right of entry
and includes access by motorized transport when necessarily,
customarily, or historically employed on routes in existence as
of the date of the enactment of this Act.
(e) Land Acquisition by Exchange or Purchase.--The Secretary shall
offer to acquire from non-governmental entities lands and interests in
lands located within or adjacent to the conservation area or a
wilderness or semi-primitive area designated under this Act. Lands may
be acquired under this subsection only by exchange or purchase from
willing sellers.
(f) Rights-of-way.--
(1) Right-of-way claims not affected.--Nothing in this Act,
including any reference to or depiction on the map entitled
``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998, affects any right-of-way claim
that arose under section 2477 of the Revised Statutes (43
U.S.C. 932).
(2) Depictions not determinative.--Any depiction or lack of
depiction of a highway, road, right-of-way, or trail on the map
entitled ``San Rafael Swell National Heritage/Conservation Area
Proposed'', dated June 12, 1998, shall not be considered in any
determination under section 2477 of the Revised Statutes (43
U.S.C. 932) of whether or not such highway, road, right-of-way,
or trail exists.

PURPOSE OF THE BILL

The purpose of H.R. 3625 is to establish the San Rafael
Swell National Heritage Area and the San Rafael Swell National
Conservation Area in the State of Utah, and for other purposes.

BACKGROUND AND NEED FOR LEGISLATION

The San Rafael Swell region of the State of Utah was one of
the country's last frontiers. The San Rafael Swell possesses
important historical, cultural, and natural resources that are
representative of the central themes associated with the
history of the American West, including themes like Native
American culture, exploration, pioneering, industrial
development, and the utilization and conservation of natural
resources. This rugged area contains important historical
sites, has a notable history of coal and uranium mining, is
widely recognized for its paleontological resources and
dinosaur quarries, and contains significant underdeveloped
recreational opportunities.
Many of the historical, cultural, and scientific sites are
on lands owned by the Federal Government and are managed by the
Bureau of Land Management or the U.S. Forest Service. H.R. 3625
will increase local involvement in the shaping of the future of
the San Rafael Swell area. The San Rafael Swell Heritage and
Conservation Area is a multi-dimensional approach to managing
these diverse and unusual lands. It goes beyond the primary
intent of protecting natural landscapes, and includes many
other aspects, such as local history, culture and economics, as
well as wildlife habitat, and educational opportunities for
visitors.
The value of a National Conservation Area is the
flexibility it gives in managing a broad array of lands and
uses. This Conservation Area provides protections that could
even exceed those provided by wilderness designation and
provides for managed recreation uses, while providing
protection for critical lands at the same time. The National
Heritage Area is important in setting the San Rafael Swell
apart from Utah's other national parks and monuments. H.R. 3625
intends to preserve and promote a captivating slice of the
intrigue and romance of the Old West.
The San Rafael Swell National Heritage and Conservation
Area is environmentally sound. It offers a holistic approach to
public lands management that goes beyond traditional ``one size
fits all'' approaches of the past. It looks at the needs of an
entire ecosystem rather than disconnected slivers of remote
wilderness lands.
H.R. 3625 addresses cultural sensitivities and the economic
vitality of the surrounding communities. By adding the National
Heritage Area dimension to the National Conservation Area, it
not only preserves lands and protects wildlife, it also
preserves and showcases the history and lore of the American
West. In so doing, it will become a unique attraction, distinct
and apart from existing parks and monuments.

COMMITTEE ACTION

H.R. 3625 was introduced by Congressman Chris Cannon (R-UT)
on April 1, 1998, and referred to the Committee on Resources.
Within the Committee, the bill was referred to the Subcommittee
on National Parks and Public Lands. On April 23, 1998, the
Subcommittee held a hearing on H.R. 3625. The Subcommittee met
to consider the bill on May 7, 1998. Congressman Maurice
Hinchey (D-NY) offered four amendments. The first dealt with a
feasibility study for the Heritage Area and a compact between
the Governor of Utah and the Secretary of the Interior. The
second designated wilderness based on natural contours of land.
The third clarified claims under Revised Statute 2477. The
fourth secured a water right for wilderness designated under
the bill. All four amendments failed by voice vote. Congressman
James V. Hansen (R-UT) offered an amendment in the nature of a
substitute which was adopted by voice vote. The bill, as
amended, was favorably reported to the Full Committee. On July
22, 1998, the Full Committee considered H.R. 3625. Congressman
Cannon offered an amendment in the nature of a substitute.
Congressman Hinchey offered an amendment to designate
additional Utah lands as wilderness as included in his
legislation, H.R. 1500. The Hinchey amendment was defeated by
voice vote. The Cannon amendment in the nature of a substitute
was adopted by voice vote, and the bill was favorably reported,
as amended, to the House of Representatives by voice vote.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title

This section provides a short title for the bill, the San
Rafael Swell National Heritage and Conservation Act.

Section 2. Table of contents

This section provides the table of contents for the bill.

Section 3. Definitions

This section defines six terms used in the Act.

Title I--San Rafael Swell National Heritage Area

Section 101. Short title; findings; purposes

Section 101 provides the short title for the title (the San
Rafael Swell National Heritage Area Act), Findings and
Purposes.

Section 102. Designation

Section 102 designates the San Rafael Swell National
Heritage Area.

Section 103. Definitions

Section 103 defines eight terms used in this title.

Section 104. Grants, technical assistance, and other duties and
authorities of federal agencies

This section allows the Secretary of the Interior to make
grants to the Heritage Council and allows the Secretary to
provide technical assistance for the San Rafael Swell Heritage
Area for ten years. The Secretary will monitor the National
Heritage Area to ensure compliance with terms of the compact
for the area. Any Federal entities engaged in activities
related to the National Heritage Area must cooperate with the
Secretary and the Heritage Council. The Bureau of Land
Management (BLM) is currently conducting an inventory of the
cultural, historical, and paleontological resources in the
Heritage Area. Once the BLM and the local entity have assessed
these resources, the parties will negotiate a compact which
will specify the terms under which the Heritage Area will
operate. The compact will essentially mark the beginning of the
operation of the Heritage Area under the terms of this Act.

Section 105. Compact and heritage plan

Under Section 105, the compact will consist of an agreement
entered into by the Secretary of Interior, the Secretary of
Agriculture, and the Governor of Utah or a designee of the
Governor, in coordination with the Heritage Council. The
agreement will define the Heritage Area, describe programs for
the Area, and include information relating to the objectives
and management of the Area. The agreement will include
boundaries, a description of the Heritage Council, non-Federal
participants, goals, objectives, and cost of the National
Heritage Area, and the role of the State of Utah. A heritage
plan will be created explaining the strategy for the goals of
the National Heritage Area. The plan will contain
recommendations for the Area, be prepared with public
participation, describe actions units of government and private
organizations can take to protect the resources of the Area,
and specify funding sources for the Area. The heritage plan
will also include an inventory of resources, recommendations
for management, a program for implementing the heritage plan
and commitments for the first five years of the plan by the
partners identified in the compact, an analysis of how Federal,
State, and local programs can coordinate, and an interpretive
plan. The heritage plan cannot supersede the management plan.

Section 106. Heritage council

Under Section 106, the managing entity for the National
Heritage Area will be the Heritage Council. The Council will
include a representative of one or more units of Utah
government, a representative of interested groups, and private
property owners who live within the Heritage Area. The Heritage
Council must develop the Heritage Plan and send it to the
Secretary within three years and they shall give priority to
implementing actions, goals, and policies set within the
compact and the plan, and assist units of government with
Heritage Area-related activities. The Heritage Council shall
conduct public meetings at least annually regarding the
implementation of the Heritage Plan.

Section 107. Lack of effect on land use regulation

Section 107 clarifies that this bill will not affect land
use regulations, powers of zoning, or the authority of the
Secretary or the BLM. The Secretary shall work in cooperation
under the Federal Land Policy and Management Act of 1976 with
the Forest Service, the Heritage Council, local governments,
and private entities.

Section 108. Authorization of appropriations

Section 108 authorizes $1,000,000 or less annually to be
appropriated for grants and technical assistance, with a
$10,000,000 total cap. In a fiscal year, not less than 70
percent of the funds may be used for grants. Federal funding
after the designation of the National Heritage Area for any
technical assistance or grant, may not exceed 50 percent of the
total cost of the assistance or grant. Prior to designation of
the area, Federal funding may not exceed an amount
proportionate to the level of local support and commitment to
the area. It is the intent of the Committee that the matching
portion of local support includes in-kind contributions from
State and local governments and private sources.

Title II--San Rafael Swell National Conservation Area

Subtitle A--Establishment of Conservation Area

Section 201. Definition of Plan

Section 201 defines the term ``plan'' for the Conservation
Area

Section 202. Establishment of national conservation area

Section 202 establishes the San Rafael National
Conservation Area, described as approximately 630,000 acres,
including areas of Wilderness, Bighorn Sheep Management Area,
Scenic Visual Area of Critical Environmental Concern, and Semi-
Primitive Non-Motorized Use Areas. A map and legal description
of the area will be filed by the Secretary with the Resources
Committee and the Committee on Energy and Natural Resources.
Federal lands within the Conservation Area will be withdrawn
from public land laws, the Desert Lands Act, the Carey Act,
general mining laws, operation of the mineral and geothermal
leasing laws, and the mineral material disposal laws. Sale of
trees, portions of trees, and forest products located in the
Conservation Area is prohibited.

Section 203. Management

Under Section 203, management of the Conservation Area will
be performed by the Secretary and the Advisory Council and will
focus on the conservation, protection, enhancement, public use,
and enjoyment of the resources. No later than three years after
enactment, the Secretary and Advisory Council will develop a
management plan for the Conservation Area. The Secretary, in
cooperation with the Advisory Council, may establish a visitor
center for the Conservation Area.

Section 204. Additions

Under Section 204, any land within the Conservation Area,
acquired by the U.S. on or after the enactment of this Act,
will become part of the Conservation Area. Within four years of
enactment of this Act, the Secretary is authorized to perform
land exchanges to resolve conflicts.

Section 205. Advisory council

Section 205 establishes the San Rafael Swell National
Conservation Area Advisory Council. The Advisory Council will
advise the Secretary on management of the Conservation Area and
will consist of 11 members appointed by the Secretary. The
Council will consist of two people recommended by the Governor
of Utah, four people recommended by the Board of Commissioners
of Emery County, Utah, one person selected by the Director of
the BLM in the State of Utah, and four people selected by the
Secretary. Advisory Council members will serve four years or
less as established by the Secretary. A portion of the initial
members will serve shorter terms as specified by the Secretary
to establish staggered terms. The Advisory Council will elect a
Chairman among its members and will meet at least twice a year.
The Advisory Council will terminate 10 years after enactment of
this Act.

Section 206. Relationship to other laws and administrative provisions

Under Section 206, the Act will not limit the application
of public land laws to lands in the Conservation Area, nor will
it alter any lands that are not managed by the BLM.

Section 207. Communications equipment

Section 207 allows the Secretary to authorize installation
of telecommunications equipment in the Conservation Area,
except in areas designated as wilderness.

Subtitle B--Wilderness Areas Within Conservation Area

Section 221. Designation of wilderness

Section 221 designates areas within the Conservation Area
as wilderness totaling 140,457 acres, including, Crack Canyon
Wilderness Area, consisting of over 25,000 acres; Mexican
Mountain Wilderness Area, consisting of over 27,000 acres;
Muddy Creek Wilderness Area, consisting of over 39,000 acres;
and the San Rafael Reef Wilderness Area, consisting of over
48,000 acres. After enactment of this Act, the Secretary will
file maps of the Wilderness designations with the House
Resource Committee and with the Senate Energy and Natural
Resources Committee. Each map and legal description will be on
file in the office of the Director of the BLM and the office of
the State Director of the BLM in the State of Utah.

Section 222. Administration of wilderness areas

Under Section 222, each area designated as wilderness in
this Act is in accordance with the Wilderness Act of 1964. Any
land within the boundaries of a wilderness area that are
acquired by the U.S. after the enactment of this Act, will
become part of the wilderness area. After the enactment of this
Act, the Secretary and Advisory Council will prepare a
management plan in accordance with the Federal Land Policy and
Management Act for the wilderness areas.

Section 223. Livestock

Section 223 specifies that prior existing grazing within
designated wilderness areas may not be reduced, increased, or
withdrawn, except based solely on scientific analysis of range
conditions. Grazing will be administered in accordance with the
Wilderness Act and guidelines in House Report 96-1126.

Section 224. Wilderness release

Under Section 224, lands in the Conservation Area that are
not designated as wilderness are no longer subject to section
603(c) of the Federal Land Policy and Management Act (FLPMA).
These lands will be managed as defined in Section 103(c) of
FLPMA and Section 202 of FLPMA and this Act.

Subtitle C--Other Special Management Areas

Section 231. San Rafael Swell Desert Bighorn Sheep Management Area

Section 231 establishes the San Rafael Swell Desert Bighorn
Sheep Management Area. The Management Area provides for
management of the Bighorn Sheep herd in the Sid's Mountain area
of the Conservation Area and provides for watchable wildlife
opportunities. The Management Area is approximately 73,909
acres and will be managed by the BLM. Mechanized travel in the
Management Area will be limited to the Utah Division of
Wildlife Resources and the BLM for management of the Bighorn
Sheep and in accordance with the plan. The Secretary and the
Utah Division of Wildlife Resources may use management tools
that are needed to sustain the Bighorn Sheep herd and the range
resource of the Management Area. The Secretary may cooperate
with the State of Utah and the Advisory Council to manage
public viewing of Desert Bighorn Sheep. The Secretary, along
with the Utah Division of Wildlife and the Advisory Council,
will develop a management plan for the San Rafael Swell Desert
Bighorn Sheep Management Area that will establish the goals and
management steps to be taken to achieve the purposes of the
Management Area. The Secretary may establish facilities needed
to provide for educational uses of the Management Area. This
includes improved sheep viewing sites as long as the view sites
do not interfere with the management of the sheep and habitat.
This Section does not preclude utilization, enhancement, and
maintenance of National Heritage Area sites in the Management
Area, if they do not conflict with the purposes of the
Management Area.

Section 232. Semi-primitive nonmotorized use areas

Under Section 232, the Secretary will designate semi-
primitive non-motorized use areas in the Conservation Area. The
semi-primitive areas will provide isolation and interaction
with nature and will consist of approximately 120,695 acres
managed by the BLM. The Secretary will include a management
plan for the semi-primitive areas that will establish goals and
managementsteps to be taken within it. This Section does not
preclude utilization, enhancement, and maintenance of National Heritage
Area sites in the semi-primitive area, if they don't conflict with the
purposes of the semi-primitive area. This designation reflects the
current management of these lands by the BLM under FLPMA and the
current Resource Management Plan.

Section 233. Scenic Visual Area of Critical Environmental Concern

Under Section 223, the Secretary will designate areas in
the Conservation Area as a Scenic Area of Critical
Environmental Concern (ACEC) to preserve and protect the scenic
value of the Interstate Route 70 corridor. The ACEC will
consist of approximately 27,670 acres, bordering Interstate
Route 70, that is managed by the BLM. This designation reflects
the current management of these lands by the BLM under FLPMA
and the current Resource Management Plan.

Title III--General Management Provisions

Section 301. Livestock grazing

Under Section 301, grazing within the Conservation Area,
other than designated wilderness areas, may not be altered,
except based on scientific analyses of range conditions. Any
grazing and grazing-related activities within the Conservation
Area, other than designated wilderness, must be in accordance
with the Taylor Grazing Act, FLPMA, and the management plan for
the Conservation Area. This Act shall not affect water
facilities associated with livestock and wildlife whether
located within or outside of the boundaries of the Conservation
Area.

Section 302. Cultural and paleontological resources

Section 302 allows the Secretary to authorize discovery,
protection, and interpretation of, cultural or paleontological
resources located within the Conservation Area, as consistent
with this Act.

Section 303. Land exchanges relating to school and institutional trust
lands

Under Section 303, no later than one year after the
enactment of this Act, the Governor of the State of Utah may
notify the Secretary of Interior about school and institutional
trust lands, whose value is diminished by the Conservation
Area, and ask for an exchange for other Federal lands or
interests in lands within Utah. No later than one year after
notification by the Governor, the Secretary will, after seeking
the advice of the Governor, provide a list of Federal lands or
interests in lands within Utah that are equivalent to the
school and institutional trust lands of the Conservation Area.
The Secretary will ensure that the lands for exchange are
equivalent in value.

Section 304. Water rights

Under Section 304, due to scarce water resources, the State
of Utah granted the Division of Wildlife Resources an in-stream
flow right in the San Rafael River to protect wetland and
riparian habitats within the San Rafael Swell. This Act does
not imply a Federal reservation of water for any purpose of the
Conservation Area. Federal acquisition and exercise of water
rights are permitted but must follow the laws of the State of
Utah.

Section 305. Miscellaneous

Section 305 specifies that nothing in this Act will affect
the jurisdiction or responsibilities of the State of Utah's
fish and wildlife management activities. The Committee does not
intend that buffer zones be established as part of the
Conservation Area. Except where specified on the map for this
Act, where roads form boundaries of an area within the
Conservation Area, the boundary of the Area will be set back
from the center line of the road as corresponding with the
right-of-way for I-70, 150 feet for high standard roads, 100
feet for County Class B roads, and 50 feet for County Class D
roads. This Act allows ``reasonable access'' to existing
improvements, structures, and facilities which are within the
Conservation Area, on both Federal and non-Federal lands.
Reasonable access means right of entry and includes access by
motorized vehicles on pre-existing routes. The Secretary will
offer to acquire lands within or adjacent to the Conservation
Area from non-governmental entities by exchange or purchase
from willing sellers. Nothing in this Act affects any right-of-
way claim related to 2477 of the Revised Statutes; this holds
true whether it is shown on the San Rafael map or not.

committee oversight findings and recommendations

With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.

federal advisory committee statement

The functions of the proposed advisory committee authorized
in H.R. 3625 are not currently being nor could they be
performed by one or more agencies, an advisory committee
already in existence or by enlarging the mandate of an existing
advisory committee.

constitutional authority statement

Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact H.R. 3625.

cost of the legislation

Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 3625. However, clause 7(d) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.

compliance with house rule xi

1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
3625 does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
expenditures. According to the Congressional Budget Office,
enactment of H.R. 3625 could affect offsetting receipts, but
any such effect totals less than $500,000 per year.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 3625.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
3625 from the Director of the Congressional Budget Office.

congressional budget office cost estimate

U.S. Congress,
Congressional Budget Office,
Washington, DC., July 31, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3625, the San
Rafael Swell National Heritage and Conservation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Victoria V.
Heid (for federal costs) and Marjorie Miller (for the state and
local impact).
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.

H.R.3625--San Rafael Swell National Heritage and Conservation Act

Summary: H.R. 3625 would establish the San Rafael Swell
National Heritage Area and the San Rafael National Conservation
Area in the state of Utah. The bill also would establish
several new management units on federal land within the
conservation area.
CBO estimates that implementing H.R. 3625 would cost about
$8 million over the 1999-2003 period, assuming appropriation of
the necessary amounts. Because H.R. 3625 could affect
offsetting receipts, pay-as-you-go procedures would apply;
however, CBO estimates that any such effect would total less
than $500,000 each year. H.R. 3625 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
Description of the bill's major provisions: The San Rafael
Swell National Heritage Area would encompass the counties of
Carbon and Emery, and portions of the county of Sanpete, in the
state of Utah. The bill provides for the creation of a Heritage
Council to develop a heritage plan and manage the heritage
area. It would authorize the appropriation of up to $1 million
annually to the Bureau of Land Management (BLM) for grants and
technical assistance for the heritage plan. The bill would
authorize BLM to provide such grants and technical assistance
to the Heritage Council or any unit of government.
The San Rafael Swell National Heritage Area would encompass
about 630,000 acres of federal land within the San Rafael
National Heritage Area. The bill would withdraw federal land in
the conservation area from mining, mineral leasing, and
commercial timber harvesting, subject to valid existing rights.
The bill also would establish an Advisory Council for the
conservation area. Within three years of enactment, the
Secretary, in cooperation with the Advisory Council, would be
required to develop a plan to manage and protect the
conservation area. The Advisory Council would terminate ten
years after enactment.
The bill would create several new management units within
the conservation area. It establish four wilderness areas and a
desert bighorn sheep management area, and would direct the
Secretary to designate a semi-primitive, nonmotorized use area
and a scenic visual area of critical environmental concern. The
Secretary would be required to include management plans for
each of these units in the management plan for the conservation
area.
Finally, the bill would authorize several land exchanges.
If the Governor of Utah notifies the Secretary that the value
of any school and institutional trust lands has been diminished
by the establishment of the conservation area and that the
state would like to exchange such lands for other federal
lands, the Secretary would be required to give the Governor a
list of federal lands or interests in lands within the state to
be offered in exchange. In addition, the Secretary would be
required to initiate voluntary land exchanges to resolve any
ownership-related land use conflicts within the conservation
area.
Estimated cost to the federal government: CBO estimates
that implementing H.R. 3625 would increase discretionary
outlays by about $8 million over the 1999-2003 period, assuming
appropriation of the necessary amounts. This bill also could
affect direct spending, but we estimate that any effects would
not be significant. The following table summarizes the
estimated budgetary impact of H.R. 3625. The costs of this
legislation fall within budget function 300 (Natural resources
and the environment).

[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1998 1999 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
Changes in spending subject to appropriation:
Estimated authorization level......................... 0 2 2 2 2 2
Estimated outlays..................................... 0 1 1 2 2 2
----------------------------------------------------------------------------------------------------------------

Spending subject to appropriation
CBO estimates that the activities associated with
establishing these heritage and conservation areas would cost
BLM about $2 million per year. This estimate includes the $1
million authorized by the bill for planning and management of
the heritage area. Based on information from BLM, CBO also
estimates that BLM would spend about $1 million each year for
planning and management of the conservation area (including the
new management units within it). For purposes of this estimate,
we assume that appropriations for these activities would be
provided beginning in fiscal year 1999 and that outlays would
follow the historical pattern for similar activities.
Direct spending (including offsetting receipts)
H.R. 3625 would withdraw land in the San Rafael Swell
National Conservation Area from mining, mineral leasing, and
commercial timber harvesting, subject to valid existing rights.
Enacting those provisions could result in forgone offsetting
receipts from federal land over the next five years if, under
current law, the land would generate receipts from leasing or
timber harvesting. However, CBO estimates that any such effect
would total less than $500,000 each year. We estimate that
other provisions in the bill would have no significant impact
on direct spending.
Pay-as-you-go considerations: Section 252 of the Balanced
Budget and Emergency Deficit Control Act sets up pay-as-you-go
procedures for legislation affecting direct spending or
receipts. Because the provisions in H.R. 3625 withdrawing
certain lands from mining, mineral leasing, and timber
harvesting could affect offsetting receipts, pay-as-you-go
procedures would apply. CBO estimates, however, that any such
effect would not be significant.
Estimated impact on state, local, and tribal governments:
H.R. 3625 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments. The state of Utah and local governments within the
state might choose to participate in the planning for and
management of these areas, and would incur some costs as a
result. Such costs would be voluntary. These governments would
be eligible to receive grants to cover a portion of the costs
associated with the Heritage Area.
Estimated impact on the private sector: H.R. 3625 contains
no private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Victoria V. Heid.
Impact on State, Local, and Tribal Governments: Marjorie
Miller.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.

compliance with public law 104-4

H.R. 3625 contains no unfunded mandates.

changes in existing law

If enacted, H.R. 3625 would make no changes in existing
law.

DISSENTING VIEWS

We join the Administration and a broad array of
conservation organizations in opposing H.R. 3625. The San
Rafael Swell is a magnificent natural resource that deserves
better than what the bill provides.
While we appreciate the willingness of supporters to make
some changes to the bill, these changes fall far short of
addressing the serious problems that exist with the
legislation. The problems with the bill are so serious and
pervasive that Bureau of Land Management Director Pat Shea, in
testifying on H.R. 3625, indicated that the Secretary of the
Interior would recommend a veto if the bill were presented to
the President.
We object to both the acreage of land being designated as
wilderness by the bill, as well as, the wilderness management
provisions of the legislation that are inconsistent with the
Wilderness Act. H.R. 3625 is a step back in the wilderness
debate. The bill designates even less acreage than was in the
controversial Utah Wilderness bill (H.R. 1745) of the 104th
Congress. As a result wild lands containing jagged cliff faces,
narrow slot canyons, and hidden valleys rich with domes and
towers would be left unprotected. These lands, which have been
identified in H.R. 1500 by Mr. Hinchey and others, are
deserving of the protections that wilderness designation
provides.
The National Heritage Area that would be designated by the
bill is highly questionable. There has been no feasibility
study done of this area and we have no description or
assessment of its resources. Most of the area is Federal land,
yet the bill uses the heritage area designation, which is a
designation that was developed to deal with the collective
resource values of certain state, local and private lands. We
object to the creation of a management entity for the heritage
area that does not include Federal representatives, even though
most of the land in the area is Federal land. With this
particular heritage area designation, we believe there are
significant potential conflicts with the administration of
public land laws.
As part of the Resource Management Plan for the San Rafael
Swell area, the BLM in 1989 proposed a national conservation
area (NCA) designation for the area. Unfortunately, the NCA
designation in H.R. 3625 does not reflect that proposal. The
NCA lands proposed by H.R. 3265 are considerably less than what
the BLM recommended. The bill's standard for protection of the
resources of the area is less than that found in other NCA
designations. We are also concerned, that the ``advisory
council'' created for the area is narrowly focused, weighted
toward local input, and given responsibilities beyond an
advisory role.
We are concerned about the bill's designation of a Bighorn
Sheep Area on Sid's Mountain that places intensive management
for one species in an area that many, including the BLM, have
recommended as wilderness. The extensive and specific
management prescriptions contained in the bill run counter to
ecosystem management. We do not agree with the argument made by
some that wilderness designation unduly restricts Bighorn Sheep
management. Many of the areas in which these sheep congregate
are wilderness study areas that have been managed to protect
their wilderness values for many years without negatively
impacting sheep management. We are especially concerned because
under the bill, the Bighorn Sheep area would be bisected by at
least five road corridors. As several wildlife biologists have
noted to us, vehicles and sheep don't mix.
Proposals to protect the San Rafael have been around since
the mid-1930's when a San Rafael National Park was first
proposed. We agree that this area is deserving of national
recognition and protection but firmly believe that the
provisions of H.R. 3265 would undercut the protections that
this area so richly deserves.

George Miller.
Lloyd Doggett.
William Delahunt.
Edward Markey.
Maurice Hinchey.
Sam Farr.
Bruce Vento.