[House Report 106-647]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-647

======================================================================



 
    SAN RAFAEL WESTERN LEGACY DISTRICT AND NATIONAL CONSERVATION ACT
                                _______
                                

  June 6, 2000.--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. 3605]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3605) to establish the San Rafael Western Legacy District 
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 Western Legacy District and 
National Conservation Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Conservation area.--The term ``Conservation Area'' means 
        the San Rafael National Conservation Area established by 
        section 201.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) Western legacy district.--The term ``Western Legacy 
        District'' means the San Rafael Western Legacy District 
        established by section 101.

              TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT

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

  (a) In General.--In order to promote the preservation, conservation, 
interpretation, scientific research, and development of the historical, 
cultural, natural, recreational, archeological, paleontological, 
environmental, biological, educational, wilderness, and scenic 
resources of the San Rafael region of the State of Utah, as well as the 
economic viability of rural communities in the region, there is hereby 
established the San Rafael Western Legacy District, to include the San 
Rafael National Conservation Area established by section 201.
  (b) Areas Included.--The Western Legacy District shall consist of 
approximately 2,842,800 acres of land in the County of Emery, Utah, as 
generally depicted on the map entitled ``San Rafael Western Legacy 
District and National Conservation Area'' and dated __________.
  (c) Map and Legal Description.--As soon as practicable after the date 
of the enactment of this Act, the Secretary shall submit to the 
Congress a map and legal description of the Western Legacy District. 
The map and legal description shall have the same force and effect as 
if included in this Act, except the Secretary may correct clerical and 
typographical errors in such map and legal description. Copies of the 
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 in the appropriate office of the Bureau of the Land 
Management in Utah.
  (d) Legacy Council.--
          (1) In general.--The Secretary shall establish a Legacy 
        Council to advise the Secretary with respect to the Western 
        Legacy District. The Legacy Council may furnish advice and 
        recommendations to the Secretary with respect to management, 
        grants, projects, and technical assistance.
          (2) Membership.--The Legacy Council shall consist of not more 
        than 10 members appointed by the Secretary. Two members shall 
        be appointed from among the recommendations submitted by the 
        Governor of Utah and 2 members shall be appointed from among 
        the recommendations submitted by the Emery County 
        Commissioners. The remaining members shall be persons 
        recognized as experts in conservation of the historical, 
        cultural, natural, recreational, archeological, environmental, 
        biological, educational, and scenic resources or other 
        disciplines directly related to the purposes for which the 
        Western Legacy District is established.
          (3) Relationship to other law.--The establishment and 
        operation of the Legacy Council established under this section 
        shall conform to the requirement of the Federal Advisory 
        Committee Act (5 U.S.C. App.) and the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.).
  (e) Assistance.--
          (1) In general.--The Secretary may make grants and provide 
        technical assistance to accomplish the purposes of this section 
        to any nonprofit or unit of government with authority in the 
        boundaries of the Western Legacy District.
          (2) Permitted uses.--Grants and technical assistance made 
        under this section may be used for planning, reports, studies, 
        interpretive exhibits, historic preservation projects, 
        construction of cultural, recreational, educational, and 
        interpretive facilities that are open to the public, and such 
        other expenditures as are consistent with this Act.
          (3) Planning.--Up to $100,000 of amounts available to carry 
        out this section each fiscal year, up to a total amount not to 
        exceed $200,000, may be provided under this subsection only to 
        a unit of government or a political subdivision of the State of 
        Utah for use for planning activities.
          (4) Matching funds.--Federal funding provided under this 
        section may not exceed 50 percent of the total cost of the 
        activity carried out with such funding, except that non-Federal 
        matching funds are not required with respect to--
                  (A) planning activities carried out with assistance 
                under paragraph (3); and
                  (B) use of assistance under this section for 
                facilities located on public lands and that are owned 
                by the Federal Government.
          (5) Authorization of appropriations.--There are authorized to 
        be appropriated under this section not more than $1,000,000 
        annually for any fiscal year, not to exceed a total of 
        $10,000,000.

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

  (a) In General.--The Secretary, through the Bureau of Land Management 
and subject to all valid existing rights, shall administer the public 
lands within the Western Legacy District pursuant to this Act and the 
applicable provisions of the Federal Land Policy and Management Act (43 
U.S.C. 1701 et seq.). The Secretary shall allow such uses of the public 
land as the Secretary determines will further the purposes for which 
the Western Legacy District was established.
  (b) Fish and Wildlife.--Nothing in this Act shall be construed as 
affecting the jurisdiction or responsibilities of the State of Utah 
with respect to fish and wildlife within the Western Legacy District.
  (c) Private Lands.--Nothing in this Act shall be construed as 
affecting private property rights within the Western Legacy District.
  (d) Public Lands.--Nothing in this Act shall be construed as in any 
way diminishing the Secretary's or the Bureau of Land Management's 
authorities, rights, or responsibilities for managing the public lands 
within the Western Legacy District.

            TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA

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

  (a) Purposes.--In order to conserve, protect, and enhance for the 
benefit and enjoyment of present and future generations the unique and 
nationally important values of the Western Legacy District and the 
public lands described in subsection (b), including historical, 
cultural, natural, recreational, scientific, archeological, 
paleontological, environmental, biological, wilderness, wildlife, 
educational, and scenic resources, there is hereby established the San 
Rafael National Conservation Area in the State of Utah.
  (b) Areas Included.--The Conservation Area shall consist of 
approximately 947,000 acres of public lands in the County of Emery, 
Utah, as generally depicted on the map entitled ``San Rafael Western 
Legacy District and National Conservation Area'' and dated ________. 
Notwithstanding any depiction on such map, the boundary of the 
Conservation Area shall be set back 300 feet from the edge of the 
Interstate 70 right-of-way and 300 feet from the edge of the State 
Route 24 right-of-way.
  (c) Map and Legal Description.--As soon as practicable after the date 
of the enactment of this Act, the Secretary shall submit to the 
Congress a map and legal description of the Conservation Area. The map 
and legal description shall have the same force and effect as if 
included in this Act, except the Secretary may correct clerical and 
typographical errors in such map and legal description. Copies of the 
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 in the appropriate office of the Bureau of Land 
Management in Utah.

SEC. 202. MANAGEMENT OF THE SAN RAFAEL NATIONAL CONSERVATION AREA.

  (a) Management.--The Secretary, acting through the Bureau of Land 
Management, shall manage the Conservation Area in a manner that 
conserves, protects, and enhances its resources and values, including 
those resources and values specified in section 201(a), and pursuant to 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), and other applicable provisions of law, including this Act.
  (b) Uses.--The Secretary shall allow only such uses of the 
Conservation Area as the Secretary finds will further the purposes for 
which the Conservation Area is established.
  (c) Vehicular Uses.--
          (1) In general.--Except where needed for administrative 
        purposes or to respond to an emergency, and subject to 
        paragraph (2), use of motorized vehicles in the Conservation 
        Area shall be--
                  (A) prohibited at all times in areas where roads and 
                trails did not exist as of February 2, 2000;
                  (B) limited to roads and trails that--
                          (i) existed as of February 2, 2000; and
                          (ii) are designated for motorized vehicle use 
                        as part of the management plan prepared 
                        pursuant to subsection (f); and
                  (C) managed consistent with section 8340 of title 43, 
                Code of Federal Regulations (relating to designating 
                public lands as open, limited, or closed to the use of 
                off-road vehicles and establishing controls governing 
                the use and operation of off-road vehicles in such 
                areas).
          (2) Limitation on application.--(A) Subparagraphs (A) and (B) 
        of paragraph (1) do not limit the provision of reasonable 
        access to private lands or State lands within the Conservation 
        Area.
          (B) Any access to private lands or State lands pursuant to 
        subparagraph (A) of this paragraph shall be restricted to 
        exclusive use by, respectively, the owner of the private lands 
        or the State.
  (d) Withdrawals.--
          (1) In general.--Subject to valid existing rights and except 
        as provided in paragraph (2), all Federal lands within the 
        Conservation Area and all lands and interests therein that are 
        hereafter acquired by the United States are hereby withdrawn 
        from all forms of entry, appropriation, or disposal under the 
        public land laws and from location, entry, and patent under the 
        mining laws, and from operation of the mineral leasing and 
        geothermal leasing laws and all amendments thereto. Nothing in 
        this paragraph shall be construed to effect discretionary 
        authority of the Secretary under other Federal laws to grant, 
        issue, or renew rights-of-way or other land use authorizations 
        consistent with the other provisions of this Act.
          (2) Communication facilities.--The Secretary may authorize 
        the installation of communications facilities within the 
        Conservation Area, but only to the extent that they are 
        necessary for public safety purposes. Such facilities must have 
        a minimal impact on the resources of the Conservation Area and 
        must be consistent with the management plan established under 
        subsection (f).
  (e) Hunting, Trapping, and Fishing.--Hunting, trapping, and fishing 
shall be permitted within the Conservation Area in accordance with 
applicable laws and regulations of the United States and the State of 
Utah, except that the Utah Division of Wildlife Resources, or the 
Secretary after consultation with the Utah Division of Wildlife 
Resources, may issue regulations designating zones where and 
establishing periods when no hunting, trapping, or fishing shall be 
permitted for reasons of public safety, administration, or public use 
and enjoyment.
  (f) Management Plan.--Within 4 years after the date of enactment of 
this Act, the Secretary shall develop a comprehensive plan for the 
long-range protection and management of the Conservation Area. The plan 
shall describe the appropriate uses and management of the Conservation 
Area consistent with the provisions of this Act. The plan shall 
include, as an integral part, a comprehensive transportation plan for 
the lands within the Conservation Area. In preparing the transportation 
plan the Secretary shall conduct a complete review of all roads and 
trails within the Conservation Area. The plan may incorporate 
appropriate decisions contained in any current management or activity 
plan for the area and may use information developed in previous studies 
of the lands within or adjacent to the Conservation Area.
  (g) State Trust Lands.--The State of Utah and the Secretary may agree 
to exchange Federal lands, Federal mineral interests, or payment of 
money for lands and mineral interests of approximately equal value that 
are managed by the Utah School and Institutional Trust Lands 
Administration and inheld within the boundaries of the Conservation 
Area.
  (h) Access.--The Bureau of Land Management, the State of Utah, and 
Emery County may agree to resolve section 2477 of the Revised Statutes 
and other access issues within the Conservation Area.
  (i) Wildlife Management.--Nothing in this Act shall be deemed to 
diminish the responsibility and authority of the State of Utah for 
management of fish and wildlife within the Conservation Area.
  (j) Grazing.--Where the Secretary of the Interior currently permits 
grazing, such grazing shall be allowed subject to all applicable laws, 
regulations, and executive orders.
  (k) No Buffer Zones.--The Congress does not intend for the 
establishment of the Conservation Area to lead to the creation of 
protective perimeters or buffer zones around the Conservation Area. The 
fact that there may be activities or uses on lands outside the 
Conservation Area that would not be permitted in the Conservation Area 
shall not preclude such activities or uses on such lands up to the 
boundary of the Conservation Area consistent with other applicable 
laws.
  (l) Water Rights.--Because the available water resources in the 
drainage basins included in part within the exterior boundaries of the 
Conservation Area have already been appropriated--
          (1) nothing in this Act, the management plan required by 
        subsection (f), or any action taken pursuant thereto, shall 
        constitute either an express or implied reservation of surface 
        or ground water;
          (2) nothing in this Act affects any valid existing water 
        rights in existence before the date of enactment of this Act, 
        including any water rights held by the United States; and
          (3) if the United States determines that additional water 
        resources are needed for the purposes of this Act, the United 
        States shall work, with or through any agency that is eligible 
        to hold instream flow water rights, to acquire such rights in 
        accordance with Utah State water law.
  (m) Wilderness Acts.--Nothing in this Act alters the provisions of 
the Wilderness Act of 1964 (16 U.S.C. 1131) or the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.) as they pertain to 
wilderness resources within the Conservation Area. Recognizing that the 
designation of wilderness areas requires an Act of Congress, the Bureau 
of Land Management, the State of Utah, Emery County, and affected 
stakeholders may work toward resolving various wilderness issues within 
the Conservation Area.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary to carry out 
this title such sums as may be necessary.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3605 is to establish the San Rafael 
Western Legacy District in the State of Utah, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The establishment of the San Rafael Western Legacy District 
will promote the development of historical, cultural, and 
recreational resources related to the heritage of the San 
Rafael region and the State of Utah. The area shall consist of 
approximately 2,842,800 acres of land in Emery County of Utah. 
An area within the Western Legacy District is to be designated 
as the San Rafael National Conservation Area. This area, 
consisting of nearly one million acres, is to be established to 
conserve, protect, and enhance the unique and nationally 
important values of the area for future generations.
    The San Rafael Swell region is an area clearly in need of a 
management scheme. Since I-70 bisects the area, visitation is 
high, but not coordinated. Additionally, off-highway-vehicle 
use is increasing in the area and must be managed.
    In order to determine the appropriate management plan for 
the area, a similar bill was introduced during the 105th 
Congress. However, the previous bill specified land uses such 
as wilderness, primitive, semi-primitive and the bill aroused 
opposition. As a result, the Secretary of Interior and the 
Emery County Commissioners, as well as all interested parties, 
began negotiations for a more flexible approach. H.R. 3605 is 
the outcome of those discussions and provides for the 
establishment of a four-year planning process to manage the 
National Conservation Area.
    There are many diverse resources, ranging from 
archeological to paleontological, in the San Rafael Swell 
region. However, there is not a mechanism for bringing together 
information to conserve and protect these resources. The 
Western Legacy District would provide this mechanism by 
centralizing information and directing resources toward those 
sites most in need of preservation.
    The Committee recognizes that off-highway vehicle (OHV) use 
in the area is a major concern. In fact, the Secretary of the 
Interior closed all but four roads in Wilderness Study Areas 
within the area encompassed by the bill (Federal Register, Vol. 
65, No. 55, March 21, 2000). The remaining roads can only 
remain open if undue resource degradation does not occur 
subject to section 8340 of title 43, Code of Federal 
Regulations. The process of negotiating the bill has fostered a 
cooperative relationship, which allowed both the County and OHV 
groups to support the closure of the roads. To continue to 
address OHV use, Congressman Chris Cannon (R-UT) offered an 
amendment in Committee that would prohibit OHVs from all places 
where roads and trails did not exist before February 2, 2000, 
and allow them only on roads and trails specifically designated 
for OHV use in the management plan. The roads and trails must 
also be managed consistent with section 8340 of title 43, Code 
of Federal Regulations, which specifies that roads and trails 
may only remain open if there is no undue resource degradation. 
The amendment also requires that the Secretary of the Interior 
conduct a complete review of all roads and trails within the 
Conservation Area and include within the management plan a 
transportation plan. The Committee feels that these measures 
will insure that OHV use is consistent with the purposes of the 
National Conservation Area mandates, will insure proper 
regulation of OHV use, and prevent resource degradation.

                            COMMITTEE ACTION

    H.R. 3605 was introduced on February 9, 2000, by 
Congressman Chris Cannon (R-UT). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands. On March 2, 
2000, the Subcommittee held a hearing on the bill, where the 
County Commissioners, the Utah State Historic Preservation 
Officer, Director of the Utah Division of Parks and Recreation, 
and Director of the Governor's Rural Partnership Office 
testified in support of the bill. Additionally, the Secretary 
of the Interior's office testified in favor of the bill. On 
March 23, 2000, the Subcommittee met to mark up the bill. Mr. 
Cannon offered an amendment to make some technical changes to 
the bill that added language that would ensure the Secretary of 
the Interior's ability to grant rights-of-way and replace the 
hunting, trapping, and fishing language with previously agreed-
upon language. It was adopted by voice vote. The bill was then 
ordered favorably reported as amended to the Full Committee by 
voice vote. On May 16, 2000, the Full Resources Committee met 
to consider the bill. Mr. Cannon offered an amendment to insert 
water rights language agreed to by Emery County and the 
Department of Interior. It was adopted by voice vote. Mr. 
Cannon, as described above, also offered an amendment to 
clarify off-highway-vehicle use in the National Conservation 
Area. It was adopted by voice vote. Congressman Mark Udall (D-
CO) offered an amendment to designate the land in the National 
Conservation Area as Wilderness Study Areas. The amendment 
failed by a rollcall vote of 10 to 21, as follows:


    The bill as amended was then ordered favorably reported to 
the House of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    The short title of the bill is the San Rafael Western 
Legacy District and National Conservation Act

Section 2. Definitions

    (1) Conservation Area.--The term ``Conservation Area'' 
means the San Rafael National Conservation Area established by 
section 201.
    (2) Secretary.--The term ``Secretary'' means the Secretary 
of the Interior.
    (3) Western Legacy District.--The term ``Western Legacy 
District'' means the San Rafael Western Legacy District 
established by section 101.

              TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT


Section 101. Establishment of the San Rafael Western Legacy District

    The San Rafael region possesses many important historical, 
cultural, and natural resources that are representative of the 
history of the American West. Its history includes influence 
from Native American culture, exploration, pioneering, and 
industrial development.
    The Secretary of the Interior, through the Bureau of Land 
Management, shall administer the public lands within the San 
Rafael Western Legacy District pursuant to the bill and the 
applicable provisions of the Federal Land Policy and Management 
Act. The Secretary of the Interior is also to establish a 
Legacy Council to advise the Secretary with respect to the 
Western Legacy District. The Legacy Council's purpose will be 
to furnish advice and recommendations to the Secretary with 
respect to management, grants, projects, and assistance 
regarding the region. Up to 10 council members would be 
appointed by the Secretary, two of which would be selected from 
Emery County and two from the Governor of Utah. Other members 
of the Council would be persons recognized as experts in 
conservation of historical, cultural, and natural resources or 
other disciplines directly related to purposes of the Western 
Legacy District.
    The Secretary may make grants and provide technical 
assistance to accomplish the purposes of the Western Legacy 
District. The Act provides for annual expenditures of no more 
than $1 million and a maximum of $10 million. Federal matching 
funds may not exceed 50 percent of the total cost of the 
assistance or grant except in cases where the funds are used 
for facilities located on public lands owned by the federal 
government, or when used for planning.

Section 102. Management and use of the San Rafael Western Legacy 
        District

    The Secretary must have discretion over the use of the 
public land in the Legacy District for the purposes of 
furthering the reasons of its establishment. Nothing in this 
bill will affect the status or administration of public or 
private lands, water rights, wilderness issues, grazing zones, 
or wildlife management in the Western Legacy District.

            TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA


Section 201. Designation of the San Rafael National Conservation Area

    In order to conserve, protect, and enhance for the benefit 
and enjoyment of present and future generations the unique and 
nationally important values of the Western Legacy District and 
the public lands described in subsection (b), including 
historical, cultural, natural, recreational, scientific, 
archeological, paleontological, environmental, biological, 
wilderness, wildlife, educational, and scenic resources, the 
San Rafael National Conservation Area, consisting of nearly one 
million acres in the State of Utah, is designated.

Section 202. Management of the San Rafael National Conservation Area

    The Secretary, acting through the Bureau of Land 
Management, would manage the Conservation Area. The Secretary 
shall allow hunting, trapping and fishing in the Conservation 
Area in accordance with applicable laws and regulations. The 
Secretary, after consulting with the Utah Division of Wildlife 
Resources, may issue regulations designating zones where and 
periods when no hunting, trapping or fishing will be permitted 
for reasons of public safety, administration, or public use and 
enjoyment.
    This bill allows the State of Utah and the Department of 
the Interior to exchange federal lands, federal mineral 
interests, and/or payment of money for land and mineral 
interests managed by the Utah School and Institutional Trust 
Lands Administration, of approximately equal value held within 
the boundaries of the Conservation Area. The Committee 
encourages the Secretary and the State School Trust Lands 
Administration to enter into negotiations promptly to trade the 
school trust lands out of the Conservation Area.
    The bill contains language to prevent the establishment of 
the Conservation Area to lead to the creation of protective 
perimeters or buffer zones. Uses of lands outside the 
Conservation Area shall be consistent with applicable laws and 
not subject to regulation related to the Conservation Area.
    Within four years following the date of enactment, the 
Secretary will develop a comprehensive plan for the long-range 
protection and management of the Conservation Area. The plan 
will outline appropriate uses and management of the 
Conservation Area consistent with the provisions of this bill.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 the bill 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 this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase in revenues or tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 3605 could result in a loss of offsetting 
receipts of less than $500,000 per year from lost potential 
revenues from mining and geothermal leasing.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII 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 on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 1, 2000.
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. 3605, the San 
Rafael Western Legacy District and National Conservation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3605--San Rafael Western Legacy District and National Conservation 
        Act

    Summary: H.R. 3605 would establish the San Rafael Western 
Legacy District in Emery County, Utah and would authorize the 
appropriation of $1 million a year for a total of up to $10 
million for the Secretary of the Interior to provide grants and 
technical assistance in support of that district. The bill also 
would establish the San Rafael National Conservation Area 
within the district and would authorize the appropriation of 
sums necessary for the Secretary to manage that area.
    CBO estimates that implementing H.R. 3605 would cost $15 
million over the 2001-2005 period, assuming appropriation of 
the necessary amounts. Because the bill could affect offsetting 
receipts (a form of direct spending), pay-as-you-go procedures 
would apply; however, CBO estimates that any such effects would 
total less than $500,000 a year. H.R. 3605 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). State and local 
governments might incur some costs as a result of the bill's 
enactment, but these costs would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of establishing and managing the legacy 
district and conservation area is shown in the following table. 
The table does not include additional costs that may be 
incurred after 2005 to implement the management plan that would 
be developed under H.R. 3605. We estimate that such 
implementation costs would not exceed $10 million. The costs of 
this legislation fall within budget function 300 (natural 
resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................        3        3        3        3        3
Estimated Outlays..................................................        3        3        3        3        3
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For the purpose of this estimate, CBO 
assumes that H.R. 3605 will be enacted by the end of fiscal 
year 2000. We also assume that the necessary funds will be 
appropriated starting in fiscal year 2001 and that outlays 
would follow the historical pattern for similar activities.

Spending subject to appropriation

    CBO estimates that establishing and managing the legacy 
district and conservation area as defined in this legislation 
would cost about $3 million annually. That estimate includes $1 
million authorized by the bill for each year to operate an 
advisory council and to provide grants and technical assistance 
to support the legacy district. In addition, based on 
information from the Bureau of Land Management (BLM), CBO 
estimates that the agency would spend about $2 million each 
year to establish and manage the conservation area. That amount 
includes the estimated costs of adding staff and administrative 
services to the area, upgrading and maintaining existing 
infrastructure and facilities, and preparing the management 
plan required by the bill.
    In addition, we estimate that implementing the management 
plan after 2005 could cost up to $10 million, assuming 
appropriation of the necessary amounts. According to BLM, 
implementing that plan probably would require the construction 
of new visitor and interpretive centers, campgrounds, and other 
facilities. Based on information from the agency, we estimate 
that those activities would require up to $10 million in 
additional funding, some of which could be provided by 
nonfederal sources. Because the bill would allow the agency to 
spend four years developing the plan, we expect that any 
spending to implement it would not occur before 2005.

Direct spending (including offsetting receipts)

    H.R. 3605 would withdraw land in the San Rafael National 
Conservation Area from mining, mineral leasing, and geothermal 
leasing, subject to valid existing rights. Enacting those 
provisions could result in forgone offsetting receipts from the 
federal land over the next five years if, under current law, 
the land would generate receipts from mineral and geothermal 
development. Based on information from BLM, however, we 
estimate that any such effects would total less than $500,000 
each year. We estimate that other provisions in this bill would 
have no significant impact on direct spending.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. Because 
provisions in H.R. 3605 that would withdraw certain lands from 
mining, mineral leasing, and geothermal leasing could affect 
offsetting receipts, pay-as-you-go procedures would apply. CBO 
estimates, however, that any such effects would not be 
significant.
    Estimated impact on state, local, and tribal governments: 
H.R. 3605 contains no intergovernmental mandates as defined in 
UMRA. The state of Utah and local governments within the state 
might choose to participate in the planning for and management 
of these areas, and incur some costs as a result. Such costs 
would be voluntary, and could be partially offset by federal 
grants authorized by the bill.
    Estimated impact on the private sector: This bill contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: Majorie Miller; and 
Impact on the Private Sector: Natalie Tawil.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            DISSENTING VIEWS

    We oppose H.R. 3605 in its present form. While the 
legislation is an improvement over the seriously flawed 
proposal (H.R. 3625) put forth in the 105th Congress, it still 
falls far short of providing the resource protections the San 
Rafael region so richly deserves.
    Our concerns with H.R. 3605 fall into five categories: (1) 
the boundaries used in the legislation, (2) off-road (ORV) 
abuses, (3) treatment of wilderness, (4) creation of a never 
before used ``Western Legacy District'' designation, and (5) 
water rights.
    The boundaries of the National Conservation Area (NCA) 
designated in H.R. 3605 are grossly inadequate. The San Rafael 
Swell is a great dome of uplifted sedimentary rock located in 
south-central Utah, measuring 50 miles long, 30 miles wide, and 
rising 150 feet above the surrounding desert. The area is 
ringed by highlands and studded with mesas, buttes, deep gorges 
and narrow slot canyons. These resources define the area's 
boundary, not the political lines used in H.R. 3605. Proponents 
of the bill would have Members believe that the San Rafael 
Swell is located neatly within Emery County, Utah, when in 
fact, it extends south into Wayne County and west into Sevier 
County.
    Significant portions of the proposed NCA boundary follow 
section lines or roads. In what is the most glaring omission, 
the entire southern boundary is a straight line that marks the 
political boundary between Emery and Wayne countries. In many 
cases the boundary excludes notable formations such as Factory 
Butte and the Jones Bench. Many identified wilderness units are 
split in two while others are cut off completely. The proposed 
boundaries also fail to protect critical watersheds and Desert 
Bighorn Sheep habitat, ignore threatened and endangered species 
and sacrifice important resource lands to potential gypsum 
mining.
    The language of the bill also fails to effectively deal 
with the ORV problem the San Rafael Swell. ORV use in Utah has 
exploded over the past 10-15 years and is not under control on 
public lands in Utah. As a result, ORV abuse has become more 
common, with ORVers pushing new trails into more remote areas 
each year. Citing significant damage to soil, vegetation, and 
other resources the BLM was forced to do an emergency ORV 
closure in March for Wilderness Study Area (WSAs) in the San 
Rafael area. These WSAs should have been off-limits already. 
With this is kind of damage occurring in the most pristine 
area, other spectacular lands in the San Rafael are at risk. In 
fact ORV damage extends far beyond the current WSAs.
    The BLM has attempted since 1991 to come up with a plan to 
regulate ORV use in the San Rafael but has failed to do so. 
That failure has lead to severe damage in the Swell. The 
language in H.R. 3605 would codify BLM regulations that have 
failed to protect the San Rafael Swell. This is not a step 
forward. At best, it maintains the status quo which is a major 
problem. The bill language also legitimizes routes that have 
been allowed to be developed during the ten-years BLM has 
failed to come up with a plan. If ORV use is not managed to 
protect conservation area values, then the designation of a 
National Conservation Area is meaningless.
    H.R. 3605 ignores the question of wilderness, desperately 
trying to pretend it doesn't exist. However, what can't be 
ignored is the fact that the vast majority of the land in the 
San Rafael region is of wilderness quality and is embodied in 
wilderness study areas, identified as wilderness by the 
Department of the Interior, or included in a legislative 
wilderness proposal (H.R. 1732) sponsored by more than 160 
Members of the House. The Department of the Interior testified 
that ``The administration believes that wilderness protections 
for a significant portion of this area is warranted * * * ''
    Proponents' claims to be ``wilderness neutral'' ring hollow 
when their artificial boundaries divide or sever wilderness 
units and their chief local proponent is quoted as saying 
``[H.R. 3605] is a way of getting around wilderness, because 
wilderness has become a problem, not a solution.'' We strongly 
disagree with that assessment and oppose any attempt to subvert 
the consideration and designation of wilderness.
    We are also concerned that H.R. 3605 includes an undefined 
and unwarranted new kind of designation; a so-called ``western 
legacy district.'' In H.R. 3605 this designation follows 
political lines to completely encompass Emery County. No 
feasibility study was done to assess this proposed $10 million 
program and there is scant evidence of the historical and 
cultural resources that would merit this special designation. 
We support historic preservation but do not feel that the case 
has been made to single out one county for special treatment, 
especially when there are historical resources in many 
locations within the United States that are more significant 
and deserving.
    Finally, water is the lifeblood of the desert ecosystem. 
Without it, important desert resources would be lost. This is 
especially true for the San Rafael in which there are only two 
year-round streams. As it stands, the bill is inadequate to the 
task. Geared toward the consumptive use of water, the State of 
Utah does not even recognize wilderness as a beneficial use of 
water. We do not advocate reappointment of existing flows but 
future uses must be weighed against the resource values at 
stake here.
    The San Rafael region is a vast geologic and scenic wonder 
that deserves far better protection than that currently offered 
by H.R. 3605. Unless the bill is amended to address the 
concerns we have enumerated, we must oppose H.R. 3605 and urge 
our colleagues to do likewise.

                                   George Miller.
                                   Bruce Vento.
                                   Carlos Romero-Barcelo.
                                   Peter DeFazio.
                                   Frank Pallone.
                                   Rush Holt.
                                   Joseph Crowley.

                                  
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