[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.

                                
