[Senate Report 115-440]
[From the U.S. Government Publishing Office]
Calendar No. 721
115th Congress } { Report
SENATE
2d Session } { 115-440
======================================================================
EMERY COUNTY PUBLIC LAND MANAGEMENT ACT OF 2018
_______
December 19, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 2809]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2809) to establish the San Rafael Swell
Western Heritage and Historic Mining National Conservation Area
in the State of Utah, to designate wilderness areas in the
State, to provide for certain land conveyances, and for other
purposes, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute and an
amendment to the title and recommends that the bill, as amended
do pass.
The amendments are as follows:
1. Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emery County
Public Land Management Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Administration.
Sec. 4. Effect on water rights.
Sec. 5. Savings clause.
TITLE I--SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC MINING
RECREATION AREA
Sec. 101. Establishment of Recreation Area.
Sec. 102. Management of Recreation Area.
Sec. 103. San Rafael Swell Western Heritage and Historic Mining
Recreation Area Advisory Council.
TITLE II--WILDERNESS AREAS
Sec. 201. Additions to the National Wilderness Preservation System.
Sec. 202. Administration.
Sec. 203. Fish and wildlife management.
Sec. 204. Release of land for nonwilderness use.
TITLE III--WILD AND SCENIC RIVER DESIGNATION
Sec. 301. Green River wild and scenic river designation.
TITLE IV--LAND MANAGEMENT AND CONVEYANCES
Sec. 401. Goblin Valley State Park recreation and public purpose
agreement.
Sec. 402. Jurassic National Monument.
Sec. 403. Public land disposal and acquisition.
Sec. 404. Public purpose conveyances.
SEC. 2. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the San Rafael Swell
Western Heritage and Historic Mining Recreation Area Advisory
Council established under section 103(a).
(2) County.--The term ``County'' means Emery County in the
State.
(3) Management plan.--The term ``Management Plan'' means the
management plan for the Recreation Area developed under section
102(c).
(4) Map.--The term ``Map'' means the map entitled ``Emery
County Public Land Management Act of 2018 Overview Map'' and
dated October 1, 2018.
(5) Recreation area.--The term ``Recreation Area'' means the
San Rafael Swell Western Heritage and Historic Mining
Recreation Area established by section 101(a)(1).
(6) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to
public land administered by the Bureau of Land
Management; and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(7) State.--The term ``State'' means the State of Utah.
(8) WIlderness area.--The term ``wilderness area'' means a
wilderness area designated by section 201(a).
SEC. 3. ADMINISTRATION.
Nothing in this Act affects or modifies any right of any federally
recognized Indian Tribe or any obligation of the United States.
SEC. 4. EFFECT ON WATER RIGHTS.
Nothing in this Act--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional water
right in existence on the date of enactment of this Act,
including any water right held by the United States;
(3) affects any interstate water compact in existence on the
date of enactment of this Act; or
(4) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of enactment of this
Act.
SEC. 5. SAVINGS CLAUSE.
Nothing in this Act diminishes the authority of the Secretary under
Public Law 92-195 (commonly known as the ``Wild Free-Roaming Horses and
Burros Act'') (16 U.S.C. 1331 et seq.).
TITLE I--SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC MINING
RECREATION AREA
SEC. 101. ESTABLISHMENT OF RECREATION AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the San Rafael Swell Western Heritage and Historic
Mining Recreation Area in the State.
(2) Area included.--The Recreation Area shall consist of
approximately 340,906 acres of Federal land managed by the
Bureau of Land Management, as generally depicted on the Map.
(b) Purposes.--The purposes of the Recreation Area are to provide
for the protection, conservation, and enhancement of the recreational,
cultural, natural, scenic, wildlife, ecological, historical, and
educational resources of the Recreation Area.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the Recreation Area with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Effect.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Public availability.--A copy of the map and legal
description filed under paragraph (1) shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
SEC. 102. MANAGEMENT OF RECREATION AREA.
(a) In General.--The Secretary shall administer the Recreation
Area--
(1) in a manner that conserves, protects, and enhances the
purposes for which the Recreation Area is established; and
(2) in accordance with--
(A) this section;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) other applicable laws.
(b) Uses.--The Secretary shall allow only uses of the Recreation
Area that are consistent with the purposes for which the Recreation
Area is established.
(c) Management Plan.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term protection and
management of the Recreation Area.
(2) Requirements.--The Management Plan shall--
(A) describe the appropriate uses and management of
the Recreation Area;
(B) be developed with extensive public input;
(C) take into consideration any information developed
in studies of the land within the Recreation Area; and
(D) be developed fully consistent with the settlement
agreement entered into on January 13, 2017, in the case
in the United States District Court for the District of
Utah styled ``Southern Utah Wilderness Alliance, et al.
v. U.S. Department of the Interior, et al.'' and
numbered 2:12-cv-257 DAK.
(d) Motorized Vehicles; New Roads.--
(1) Motorized vehicles.--Except as needed for emergency
response or administrative purposes, the use of motorized
vehicles in the Recreation Area shall be permitted only on
roads and motorized routes designated in the Management Plan
for the use of motorized vehicles.
(2) New roads.--No new permanent or temporary roads or other
motorized vehicle routes shall be constructed within the
Recreation Area after the date of enactment of this Act.
(3) Existing roads.--Necessary maintenance or repairs to
existing roads designated in the Management Plan for the use of
motorized vehicles shall be permitted after the date of
enactment of this Act, consistent with the requirements of this
section.
(e) Grazing.--
(1) In general.--The grazing of livestock in the Recreation
Area, if established before the date of enactment of this Act,
shall be allowed to continue, subject to such reasonable
regulations, policies, and practices as the Secretary considers
to be necessary in accordance with--
(A) applicable law (including regulations); and
(B) the purposes of the Recreation Area.
(2) Inventory.--Not later than 5 years after the date of
enactment of this Act, the Secretary, in collaboration with any
affected grazing permittee, shall carry out an inventory of
facilities and improvements associated with grazing activities
in the Recreation Area.
(f) Cold War Sites.--The Secretary shall manage the Recreation Area
in a manner that educates the public about Cold War and historical
uranium mine sites in the Recreation Area, subject to such terms and
conditions as the Secretary considers necessary to protect public
health and safety.
(g) Incorporation of Acquired Land and Interests.--Any land or
interest in land located within the boundary of the Recreation Area
that is acquired by the United States after the date of enactment of
this Act shall--
(1) become part of the Recreation Area; and
(2) be managed in accordance with applicable laws, including
as provided in this section.
(h) Withdrawals.--Subject to valid existing rights, all Federal
land within the Recreation Area, including any land or interest in land
that is acquired by the United States within the Recreation Area after
the date of enactment of this Act, is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(i) Study of Nonmotorized Recreation Opportunities.--Not later than
2 years after the date of enactment of this Act, the Secretary, in
consultation with interested parties, shall conduct a study of
nonmotorized recreation trail opportunities, including bicycle trails,
within the Recreation Area, consistent with the purposes of the
Recreation Area.
SEC. 103. SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC MINING
RECREATION AREA ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``San Rafael Swell Western Heritage and
Historic Mining Recreation Area Advisory Council''.
(b) Duties.--The Council shall advise the Secretary with respect to
the preparation and implementation of the Management Plan for the
Recreation Area.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) section 309 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1739).
(d) Members.--The Council shall include 7 members, to be appointed
by the Secretary, of whom, to the maximum extent practicable--
(1) 1 member shall represent the Emery County Commission;
(2) 1 member shall represent motorized recreational users;
(3) 1 member shall represent nonmotorized recreational users;
(4) 1 member shall represent permittees holding grazing
allotments within the Recreation Area or wilderness areas
designated in this Act;
(5) 1 member shall represent conservation organizations;
(6) 1 member shall have expertise in the historical uses of
the Recreation Area; and
(7) 1 member shall be appointed from the elected leadership
of a Federally recognized Indian Tribe that has significant
cultural or historical connections to, and expertise in, the
landscape, archeological sites, or cultural sites within the
County.
TITLE II--WILDERNESS AREAS
SEC. 201. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following parcels of Federal land in the State are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Candland mountain.--Certain Federal land managed by the
Forest Service, comprising approximately 11,521 acres,
generally depicted on the Map as ``Proposed Candland Mountain
Wilderness'', which shall be known as the ``Candland Mountain
Wilderness''.
(2) Cold wash.--Certain Federal land managed by the Bureau of
Land Management, comprising approximately 11,162 acres,
generally depicted on the Map as ``Proposed Cold Wash
Wilderness'', which shall be known as the ``Cold Wash
Wilderness''.
(3) Crack canyon.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 25,719 acres,
generally depicted on the Map as ``Crack Canyon Wilderness,
which shall be known as the ``Crack Canyon Wilderness''.
(4) Desolation canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 142,993
acres, generally depicted on the Map as ``Proposed Desolation
Canyon Wilderness'', which shall be known as the ``Desolation
Canyon Wilderness''.
(5) Devil's canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 8,675
acres, generally depicted on the Map as ``Proposed Devil's
Canyon Wilderness'', which shall be known as the ``Devil's
Canyon Wilderness''.
(6) Eagle canyon.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 13,832 acres,
generally depicted on the Map as ``Proposed Eagle Canyon
Wilderness'', which shall be known as the ``Eagle Canyon
Wilderness''.
(7) Horseshoe canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 26,192
acres, generally depicted on the Map as ``Proposed Horseshoe
Canyon Wilderness, which shall be known as the ``Horseshoe
Canyon Wilderness''.
(8) Mexican mountain.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 76,368
acres, generally depicted on the Map as ``Proposed Mexican
Mountain Wilderness'', which shall be known as the ``Mexican
Mountain Wilderness''.
(9) Muddy creek.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 48,330 acres,
generally depicted on the Map as ``Proposed Muddy Creek
Wilderness'', which shall be known as the ``Muddy Creek
Wilderness''.
(10) Nelson mountain.--
(A) In general.--Certain Federal land managed by the
Forest Service, comprising approximately 7,176 acres,
and certain Federal land managed by the Bureau of Land
Management, comprising approximately 257 acres,
generally depicted on the Map as ``Proposed Nelson
Mountain'', which shall be known as the ``Nelson
Mountain Wilderness''.
(B) Transfer of Administrative Jurisdiction.--
Administrative jurisdiction over the 257-acre portion
of the Nelson Mountain Wilderness designated by
subparagraph (A) is transferred from the Bureau of Land
Management to the Forest Service.
(11) Red's canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 17,325
acres, generally depicted on the Map as ``Proposed Red's Canyon
Wilderness'', which shall be known as the ``Red's Canyon
Wilderness''.
(12) San rafael reef.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 60,425
acres, generally depicted on the Map as ``Proposed San Rafael
Reef Wilderness'', which shall be known as the ``San Rafael
Reef Wilderness''.
(13) Sid's mountain.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 49,115
acres, generally depicted on the Map as ``Proposed Sid's
Mountain Wilderness'', which shall be known as the ``Sid's
Mountain Wilderness''.
(14) Turtle canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 29,029
acres, generally depicted on the Map as ``Proposed Turtle
Canyon Wilderness'', which shall be known as the ``Turtle
Canyon Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each wilderness area with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources of
the Senate.
(2) Effect.--Each map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the maps and legal
descriptions.
(3) Availability.--Each map and legal description filed under
paragraph (1) shall on file and available for public inspection
in the appropriate office of the Secretary.
SEC. 202. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, the wilderness
areas shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date shall be
considered to be a reference to the date of enactment of this
Act; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary.
(b) Recreational Climbing.--Nothing in this Act prohibits
recreational rock climbing activities in the wilderness areas, such as
the placement, use, and maintenance of fixed anchors, including any
fixed anchor established before the date of the enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(c) Trail Plan.--After providing opportunities for public comment,
the Secretary shall establish a trail plan that addresses hiking and
equestrian trails on the wilderness areas in a manner consistent with
the Wilderness Act (16 U.S.C. 1131 et seq.).
(d) Livestock.--
(1) In general.--The grazing of livestock in the wilderness
areas, if established before the date of enactment of this Act,
shall be allowed to continue, subject to such reasonable
regulations, policies, and practices as the Secretary considers
to be necessary in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (House Report 101-405).
(2) Inventory.--With respect to each wilderness area in which
grazing of livestock is allowed to continue under paragraph
(1), not later than 2 years after the date of enactment of this
Act, the Secretary, in collaboration with any affected grazing
permittee, shall carry out an inventory of facilities and
improvements associated with grazing activities in the
wilderness area.
(e) Adjacent Management.--
(1) In general.--Congress does not intend for the designation
of the wilderness areas to create protective perimeters or
buffer zones around the wilderness areas.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area shall not preclude the conduct of those
activities or uses outside the boundary of the wilderness area.
(f) Military Overflights.--Nothing in this title restricts or
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas, including military overflights that can be
seen or heard within the wilderness areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the wilderness areas.
(g) Commercial Services.--Commercial services (including authorized
outfitting and guide activities) within the wilderness areas may be
authorized to the extent necessary for activities that are appropriate
for realizing the recreational or other wilderness purposes of the
wilderness areas, in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)).
(h) Land Acquisition and Incorporation of Acquired Land and
Interests.--
(1) Acquisition authority.--The Secretary may acquire land
and interests in land within the boundaries of a wilderness
area by donation, purchase from a willing seller, or exchange.
(2) Incorporation.--Any land or interest in land within the
boundary of a wilderness area that is acquired by the United
States after the date of enactment of this Act shall be added
to and administered as part of the wilderness area.
(i) Water Rights.--
(1) Statutory construction.--Nothing in this title--
(A) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to the
land designated as wilderness by section 201;
(B) shall affect any water rights in the State
existing on the date of enactment of this Act,
including any water rights held by the United States;
(C) shall be construed as establishing a precedent
with regard to any future wilderness designations;
(D) shall affect the interpretation of, or any
designation made pursuant to, any other Act; or
(E) shall be construed as limiting, altering,
modifying, or amending any of the interstate compacts
or equitable apportionment decrees that apportions
water among and between the State and other States.
(2) State water law.--The Secretary shall follow the
procedural and substantive requirements of the State in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness
areas.
(j) Memorandum of Understanding.--The Secretary shall offer to
enter into a memorandum of understanding with the County, in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), to clarify the
approval processes for the use of motorized equipment and mechanical
transport for search and rescue activities in the Crack Canyon
Wilderness established by section 201(a)(3).
SEC. 203. FISH AND WILDLIFE MANAGEMENT.
Nothing in this title affects the jurisdiction of the State with
respect to fish and wildlife on public land located in the State.
SEC. 204. RELEASE OF LAND FOR NONWILDERNESS USE.
(a) Finding.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the approximately 17,420 acres of public land administered by
the Bureau of Land Management in the County that has not been
designated as wilderness by section 201(a) has been adequately studied
for wilderness designation.
(b) Release.--The public land described in subsection (a)--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) applicable law; and
(B) any applicable land management plan adopted under
section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712).
TITLE III--WILD AND SCENIC RIVER DESIGNATION
SEC. 301. GREEN RIVER WILD AND SCENIC RIVER DESIGNATION.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the following:
``(214) Green river.--The approximately 63-mile segment, as
generally depicted on the map entitled `Emery County Public
Land Management Act of 2018 Overview Map' and dated September
14, 2018, to be administered by the Secretary of the Interior,
in the following classifications:
``(A) Wild river segment.--The 5.3-mile segment from
the boundary of the Uintah and Ouray Reservation, south
to the Nefertiti boat ramp, as a wild river.
``(B) Recreational river segment.--The 8.5-mile
segment from the Nefertiti boat ramp, south to the
Swasey's boat ramp, as a recreational river.
``(C) Scenic river segment.--The 49.2-mile segment
from Bull Bottom, south to the county line between
Emery and Wayne Counties, as a scenic river.''.
(b) Incorporation of Acquired Non-federal Land.--If the United
States acquires any non-Federal land within or adjacent to a river
segment of the Green River designated by paragraph (214) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
subsection (a)), the acquired land shall be incorporated in, and be
administered as part of, the applicable wild, scenic, or recreational
river.
TITLE IV--LAND MANAGEMENT AND CONVEYANCES
SEC. 401. GOBLIN VALLEY STATE PARK RECREATION AND PUBLIC PURPOSE
AGREEMENT.
(a) In General.--The Secretary shall offer to convey to the Utah
Division of Parks and Recreation of the Utah Department of Natural
Resources (referred to in this section as the ``State''), approximately
7,000 acres of land identified on the Map as the ``Proposed Goblin
Valley State Park Expansion'', without consideration, for the
management by the State as a State park, consistent with uses allowed
under the Act of June 14, 1926 (commonly known as the ``Recreation and
Public Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et
seq.).
(b) Reversionary Clause Required.--An agreement entered into under
subsection (a) shall include a reversionary clause to ensure that
management of the land described in that subsection shall revert to the
Secretary if the land is no longer being managed as a State park in
accordance with subsection (a).
SEC. 402. JURASSIC NATIONAL MONUMENT.
(a) Purposes.--To conserve, interpret, and enhance for the benefit
of present and future generations the paleontological, scientific,
educational, and recreational resources of the area and subject to
valid existing rights, there is established in the State the Jurassic
National Monument (referred to in this section as the ``Monument''),
consisting of approximately 850 acres of Federal land in the County, as
generally depicted on the Map.
(b) Map and Legal Description.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall file with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a map and legal description of the Monument.
(2) Effect.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this section, except that the Secretary may correct
clerical and typographical errors in the map and legal
description, subject to the requirement that, before making the
proposed corrections, the Secretary shall submit to the State
and any affected county the proposed corrections.
(3) Public availability.--A copy of the map and legal
description filed under paragraph (1) shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(c) Withdrawals.--Subject to valid existing rights, any Federal
land within the boundaries of the Monument and any land or interest in
land that is acquired by the United States for inclusion in the
Monument after the date of enactment of this Act is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing laws, geothermal leasing
laws, and minerals materials laws.
(d) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and
enhances the resources and values of the Monument,
including the resources and values described in
subsection (a); and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) any other applicable Federal law.
(2) National landscape conservation system.--The Monument
shall be managed as a component of the National Landscape
Conservation System.
(e) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term protection and
management of the Monument.
(2) Components.--The management plan developed under
paragraph (1) shall--
(A) describe the appropriate uses and management of
the Monument, consistent with the provisions of this
section; and
(B) allow for continued scientific research at the
Monument during the development of the management plan
for the Monument, subject to any terms and conditions
that the Secretary determines necessary to protect
Monument resources.
(f) Authorized Uses.--The Secretary shall only allow uses of the
Monument that the Secretary determines would further the purposes for
which the Monument has been established.
(g) Interpretation, Education, and Scientific Research.--
(1) In general.--The Secretary shall provide for public
interpretation of, and education and scientific research on,
the paleontological resources of the Monument.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with appropriate public entities to
carry out paragraph (1).
(h) Special Management Areas.--
(1) In general.--The establishment of the Monument shall not
modify the management status of any area within the boundary of
the Monument that is managed as an area of critical environment
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to an area described in paragraph (1) and this
section, the more restrictive provision shall control.
(i) Motorized Vehicles.--Except as needed for administrative
purposes or to respond to an emergency, the use of motorized vehicles
in the Monument shall be allowed only on roads and trails designated
for use by motorized vehicles under the management plan for the
Monument developed under subsection (e).
(j) Water Rights.--Nothing in this section constitutes an express
or implied reservation by the United States of any water or water
rights with respect to the Monument.
(k) Grazing.--The grazing of livestock in the Monument, if
established before the date of enactment of this Act, shall be allowed
to continue, subject to such reasonable regulations, policies, and
practices as the Secretary considers to be necessary in accordance
with--
(1) applicable law (including regulations);
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405); and
(3) the purposes of the Monument.
SEC. 403. PUBLIC LAND DISPOSAL AND ACQUISITION.
(a) In General.--Consistent with applicable law, the Secretary may
sell public land located in the County that has been identified as
suitable for disposal based on specific criteria as listed in the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) in the
applicable resource management plan in existence on the date of
enactment of this Act.
(b) Use of Proceeds.--
(1) In general.--Notwithstanding any other provision of law
(other than a law that specifically provides for a portion of
the proceeds of a land sale to be distributed to any trust fund
of the State), proceeds from the sale of public land under
subsection (a) shall be deposited in a separate account in the
Treasury, to be known as the ``Emery County, Utah, Land
Acquisition Account'' (referred to in this section as the
``Account'').
(2) Availability.--
(A) In general.--Amounts in the Account shall be
available to the Secretary, without further
appropriation, to purchase from willing sellers land or
interests in land within a wilderness area or the
Recreation Area.
(B) Applicability.--Any purchase of land or interest
in land under subparagraph (A) shall be in accordance
with applicable law.
(C) Protection of cultural resources.--To the extent
that there are amounts in the Account in excess of the
amounts needed to carry out subparagraph (A), the
Secretary may use the excess amounts for the protection
of cultural resources on Federal land within the
County.
SEC. 404. PUBLIC PURPOSE CONVEYANCES.
(a) In General.--Notwithstanding the land use planning requirement
of sections 202 and 203 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712, 1713), on request by the applicable local
governmental entity, the Secretary shall convey without consideration
the following parcels of public land to be used for public purposes:
(1) Emery city recreation area.--The approximately 640-acre
parcel as generally depicted on the Map, to the City of Emery,
Utah, for the creation or enhancement of public recreation
opportunities consistent with uses allowed under the Act of
June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et
seq.).
(2) Huntington airport.--The approximately 320-acre parcel as
generally depicted on the Map, to Emery County, Utah, for
expansion of Huntington Airport consistent with uses allowed
under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (44 Stat. 741, chapter
578; 43 U.S.C. 869 et seq.).
(3) Emery county sheriff's office.--The approximately 5-acre
parcel as generally depicted on the Map, to Emery County, Utah,
for the Emery County Sheriff's Office substation consistent
with uses allowed under the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act'') (44 Stat.
741, chapter 578; 43 U.S.C. 869 et seq.).
(4) Buckhorn information center.--The approximately 5-acre
parcel as generally depicted on the Map, to Emery County, Utah,
for the Buckhorn Information Center consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (44 Stat. 741, chapter
578; 43 U.S.C. 869 et seq.).
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each parcel of land to be conveyed under
subsection (a) with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Effect.--Each map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical or typographical errors in the map and legal
description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the Price Field Office of the Bureau of
Land Management.
(c) Reversion.--
(1) In general.--If a parcel of land conveyed under
subsection (a) is used for a purpose other than the purpose
described in that subsection, the parcel of land shall, at the
discretion of the Secretary, revert to the United States.
(2) Responsibility for remediation.--In the case of a
reversion under paragraph (1), if the Secretary determines that
the parcel of land is contaminated with hazardous waste, the
local governmental entity to which the parcel of land was
conveyed under subsection (a) shall be responsible for
remediation.
2. Amend the title so as to read: ``A bill to establish the
San Rafael Swell Western Heritage and Historic Mining
Recreation Area in the State of Utah, to designate wilderness
areas in the State, to provide for certain land conveyances,
and for other purposes.''.
Purpose
The purpose of S. 2809, as ordered reported, is to
establish the San Rafael Swell Western Heritage and Historic
Mining Recreation Area in the State of Utah, to designate
wilderness areas in the State, to provide for certain land
conveyances.
Background and Need
Emery County is located in southeastern Utah. It
encompasses 4,452 square miles of richly diversified
landscapes: spectacular red rock canyons, high alpine mountain
meadows, pristine desert wilderness, delightful trout streams
and lakes, challenging white water rivers, and rugged badlands.
Emery County also contains a wealth of prehistoric civilization
treasures with a world-renowned dinosaur quarry, unique Native
American rock art and artifacts, pioneer cabins, wild West
outlaw hideouts, and part of the Old Spanish Trail.
Ninety percent of Emery County's land base is public land
administered by the Bureau of Land Management (BLM). The public
lands in Emery County provide popular destinations for outdoor
enthusiasts, including off-highway vehicle users, hikers,
mountain bikers, rock climbers, and hunters. Many of these
public lands also provide opportunities for grazing, energy
development, and other commercial activities.
For over two decades, Emery County has worked with local
stakeholders and the federal government to resolve longstanding
questions about federal land management in the region. Those
agreements and compromises are reflected in S. 2809, which
establishes the 389,731 acre San Rafael Swell Western Heritage
and Historic Mining Recreation Area to conserve and protect the
recreational, cultural, historical, educational, natural,
scenic and wildlife resources of the area; designates 528,119
acres of new wilderness; releases 17,420 acres of existing
wilderness study areas; expands Goblin Valley State Park by
6,261 acres of land; and establishes the Jurassic National
Monument, comprising 850 acres of land.
Legislative History
S. 2809 was introduced by Senator Hatch on May 8, 2018. The
Subcommittee on Public Lands, Forests, and Mining, held a
hearing to consider the bill on August 22, 2018.
A companion bill, H.R. 5727, was introduced in the House of
Representatives by Rep. Curtis (R-UT) and Rep. Hanabusa (D-HI)
on May 9, 2018. The Committee on Natural Resources Subcommittee
on Federal Lands held a hearing on the bill on June 21, 2018.
The Committee on Natural Resources ordered the bill favorably
reported, as amended, by voice vote on September 26, 2018.
In the 114th Congress, similar legislation, H.R. 5780, was
introduced by Reps. Bishop (R-UT) and Chaffetz (R-UT) on July
14, 2016. The Committee on Natural Resources' Subcommittee on
Federal Lands held a hearing on the bill on September 14, 2016.
On September 22, 2016, the Committee on Natural Resources
ordered the bill to be favorably reported, as amended, on a
vote of 21-13.
The Senate Committee on Energy and Natural Resources met in
open business session on October 2, 2018, and ordered S. 2809
favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2809, if amended as described herein.
Committee Amendments
During its consideration of S. 2809, the Committee adopted
an amendment in the nature of a substitute and an amendment to
the title.
The amendment to the title struck the language ``National
Conservation Area,'' and replaced it with ``Recreation Area.''
The substitute amendment adds in a new section 3, which
makes clear that nothing in this legislation affects treaty
rights or obligations for Federally recognized Indian tribes.
The substitute amendment adds in a new section 4, which
makes clear that nothing in this legislation affects water
rights.
The substitute amendment adds in a new section 5, which
makes clear that nothing in this legislation diminishes the
authority of the Secretary concerned from implementing the Wild
Free-Roaming Horses and Burros Act.
In section 101(a), the substitute amendment changes the
designation of the San Rafael Swell Western Heritage and
Historic Mining region from being a ``National Conservation
Area,'' to being a ``Recreation Area.'' Subsection (a) also
increases the area designated from 336,467 acres of BLM land to
340,906 acres of BLM land.
In section 102(a), the substitute amendment adds in
language requiring the Secretary concerned to administer the
Recreation Area in accordance with this section and the Federal
Land Policy and Management Act (43 U.S.C. 1701 et seq.).
The substitute amendment strikes section 102(c) of the
introduced language, which relates to outfitter and guiding
activities.
Subsection 102(c) of the substitute amendment increases the
amount of time for the management plan to be developed from
three years to five years and requires the management plan to
be developed consistent with a settlement agreement between the
Department of the Interior and the Southern Utah Wilderness
Alliance (numbered 2:12-cv-257 DAK).
In section 102(e)(2), the substitute amendment extends the
amount of time to conduct an inventory of facilities and
improvements made for grazing activities from one year to five
years.
In section 102(f), the substitute amendment clarifies that
the Secretary concerned shall manage the cold war sites for
educational purposes.
The substitute amendment strikes section 102(g) of the
introduced language, which addresses the casual collection of
paleontological resource, rocks, or minerals.
The substitute amendment strikes section 102(h) of the
introduced language, which addresses the concerned Secretary's
authority to execute wildfire management activities within the
Recreation Area.
The substitute amendment adds in a new section 102(i),
which requires the Secretary concerned to conduct a study
within two years of enactment of this legislation on
nonmotorized recreation activities.
In section 103(d), the substitute amendment decreases the
number of members on the San Rafael Swell Western Heritage and
Mining Recreation Area from 10 members to seven members.
The substitute amendment strikes section 103(e) of the
introduced language, which directed the Secretary concerned to
ensure that membership of the committee is balanced.
The substitute amendment strikes section 103(f) of the
introduced language, which terminated the Advisory Council
after one year.
In section 201(a), the substitute amendment decreases the
acreage of land designated as wilderness at Candland Mountain
from 12,338 acres of Forest Service land to 11,521 acres of
Forest Service land; adds in a new section 201(a)(2), which
designates 11,162 acres of BLM land as the Cold Wash
Wilderness; decreases the acreage of land designated as
wilderness at Crack Canyon from 25,747 acres of BLM land to
25,719 acres of BLM land; decreases the acreage of land
designated as wilderness at Desolation Canyon from 173,320
acres of BLM land to 142,993 acres of BLM land; increases the
acreage of land designated as wilderness at Devil's Canyon from
8,630 acres of BLM land to 8,675 acres of BLM land; adds in a
new section 201(a)(6), which designates 13,832 acres of BLM
land as the Eagle Canyon Wilderness; decreases the acreage of
land designated as wilderness at Horseshoe Canyon from 26,226
acres of land to 26,192 acres of land; increases the acreage of
land designated as wilderness at Mexican Canyon from 74,503
acres of land to 76,368 acres of land; decreases the acreage of
land designated as wilderness at Muddy Creek from 65,652 acres
of BLM land to 48,330 acres of BLM land; transfers 257 acres of
the Nelson Mountain Wilderness from the BLM to the Forest
Service; adds in a new section 201(a)(11), which designates
17,325 acres of BLM land as the Red's Canyon Wilderness;
increases the acreage of land designated as wilderness at San
Rafael Reef from 59,880 acres of land to 60,425 acres of land;
decreases the acreage of land designated as wilderness at Sid's
Mountain from 75,403 acres of land to 48,115 acres of land; and
adds in a new section 201(a)(14), which designates 29,029 acres
of land as the Turtle Canyon Wilderness.
In section 202, the substitute amendment adds in a new
subsection (b) and subsection (c), which makes clear that
recreation climbing can continue in the new wilderness areas
and require the Secretary concerned to develop a plan to
provide opportunities for hiking and horseback riding.
In section 202(d)(2), the substitute amendment extends the
amount of time to conduct an inventory of grazing facilities
and improvements from one year to two years.
The substitute amendment strikes section 202(c) of the
introduced language, which authorized the Secretary concerned
to conduct management activities to minimize threats from
wildfire, insects, and disease.
The substitute amendment strikes section 202(g) of the
introduced language, which addresses the casual collection of
paleontological resources, rocks, and minerals.
The substitute amendment strikes section 202(i) of the
introduced language, which addresses Tribal rights.
The substitute amendment strikes section 202(j) of the
introduced language, which addresses the collection of
climatological data.
The substitute amendment strikes section 202(k)(3) of the
introduced language, which limited the development of new water
resource facilities in the new wilderness areas.
In section 204, the substitute amendment increases the
acreage of land that is released from wilderness study from
14,779 acres of BLM land to 17,420 acres of BLM land.
In section 301(a), the substitute amendment increases the
length of the Green River that is designated as wild, scenic,
or recreational from 54 miles to 63 miles. The subsection
further clarifies, that 5.3 miles of the Green River is
designated as wild, 8.5 miles of the Green River is designated
as recreational, and 49.2 miles of the Green River is
designated as scenic.
The substitute amendment adds in a new section 301(b),
which makes clear that any land that is acquired by the Federal
government and is adjacent to a designated segment of the Green
River, shall be incorporated as a wild, scenic, or recreational
river.
The substitute amendment strikes section 401 of the
introduced language, which designated the Temple Mountain
Cooperative Management Area.
In section 401(a) of the substitute amendment, the language
is amended to direct the Secretary concerned to convey 7,000
acres of land to the State of Utah to be managed as the Goblin
Valley State Park, rather than authorizing the Secretary
concerned to enter into a management agreement to allow the
State of Utah to only manage the land.
In section 402(a), the substitute amendment decrease the
acreage of land designated as the Jurassic National Monument
from 2,543 acres of land to 850 acres of land.
The substitute amendment adds in a new subsection (k),
which authorizes continued grazing for grazing that was
established prior to enactment of this legislation.
The substitute amendment adds in a new section
403(b)(2)(C), which authorizes funds collected under section
403 to be used to protect cultural resources.
In section 404(a), the substitute amendment decreases the
amount of land that can be conveyed for the Huntington Airport
from 1,400 acres of land to 320 acres of land; decreases the
amount of land that can be conveyed for the Sheriff's Office
from 640 acres of land to five acres of land; and decreases the
amount of land that can be conveyed for the Buckhorn
Information Center from 65 acres of land to five acres of land.
The substitute amendment strikes section 406 of the
introduced language, which authorized the State of Utah to
relinquish State land grant parcels in exchange for
unappropriated Federal land.
Section-by-Section Analysis
Sec. 1. Short title; Table of contents
Section 1 provides a short title and a table of contents
for the bill.
Sec. 2. Definitions
Section 2 provides key definitions.
Sec. 3. Administration
Section 3 makes clear that nothing in this legislation
impacts any right of a federally recognized Indian Tribe.
Sec. 4. Effect on water rights
Section 4 makes clear that nothing in this legislation
affects use or allocation of any water right; any vested
absolute or decreed conditional water right; or any interstate
water compact, nor can the bill be considered as a
relinquishment or reduction of any water rights reserved or
appropriated by the Federal government.
Sec. 5. Savings clause
Section 5 makes clear that nothing in this legislation
diminishes the authority of the Secretary of the Interior to
implement the Wild Free-Roaming and Burros Act (16 U.S.C. 1331
et seq.).
TITLE I--SAN RAFAEL SWELL WESTERN HERITAGE AND HISTORIC MINING
RECREATION AREA
Sec. 101. Establishment of recreation area
Subsection (a) establishes approximately 389,731 acres of
BLM land as the San Rafael Swell Western Heritage and Historic
Mining Recreation Area (Recreation Area).
Subsection (b) provides the purpose of the Recreation Area,
which are to conserve, protect, and enhance the recreational,
cultural, historical, education, natural, scenic, ecological,
and wildlife resources of the Recreation Area.
Subsection (c) requires the Secretary concerned to submit a
map of the Recreation Area to the Committees of jurisdiction
and to make the map publically available.
Sec. 102. Management of recreation area
Subsection (a) requires the Secretary concerned to
administer the land in a manner that conserves, protects, and
enhances the purpose of the Recreation Area.
Subsection (b) only authorizes uses that are consistent
with the purposes of the Recreation Area.
Subsection (c) requires a comprehensive management plan
(Management Plan) to be developed within five years of
enactment of this legislation that describes the appropriate
uses of the Recreation Area and is developed with extensive
public input. It further requires that the management plan be
developed in accordance with a settlement agreement, numbered
``2:12-cv-257 DAK.''
Subsection (d) makes clear that motorized vehicles can only
be used on permitted roads and routes, unless they are being
used for emergency response; prohibits the construction of new
roads; and authorizes maintenance and repairs to be made to the
roads.
Subsection (e) authorizes grazing that was established
before enactment of this legislation, to continue. It further
requires the Secretary concerned, within five years of
enactment of this legislation, to conduct an inventory of
facilities and improvements made for grazing activities.
Subsection (f) directs the Secretary concerned to manage
the Recreation Area in a manner that provides for education of
historic Cold War and uranium mining sites.
Subsection (g) makes clear that any land acquired by the
Federal government that is within the boundaries of the
Recreation Area, will be added to the Recreation Area.
Subsection (h) withdraws the Recreation Area, subject to
valid existing rights, from entry, appropriation, or disposal
under public land laws; location, entry, and patent under
mining laws, and mineral and geothermal leasing laws.
Subsection (i) requires the Secretary concerned, within two
years of enactment of this legislation, to conduct a study of
nonmotorized recreation opportunities in the Recreation Area.
Sec. 103. San Rafael Swell Western Heritage and Historic Mining
Recreation Area Advisory Council
Subsection (a) directs the Secretary concerned to establish
the San Rafael Swell Western Heritage and Historic Mining
Recreation Area Advisory Council within 180 days of enactment
of this legislation.
Subsection (b) makes clear that the purpose of the Advisory
Council is to advise the Secretary concerned on preparation and
implementation of the Management Plan.
Subsection (c) makes the Advisory Council subject to the
Federal Advisory Committee Act and section 309 of the Federal
Land Policy and Management Act.
Subsection (d) directs the Secretary concerned to appoint
seven members to the Advisory Committee, including one each
from Emery County, motorized recreation, nonmotorized
recreation, a grazing permittee, conservation, an individual
with historical knowledge of Emery County, and an individual
who is an elected leader of a Federally recognized Indian
Tribe.
TITLE II--WILDERNESS AREAS
Sec. 201. Additions to the National Wilderness Preservation System
Subsection (a) designates approximately 11,521 acres of
Forest Service land as the Candland Mountain Wilderness; 11,162
acres of BLM land as the Cold Wash Wilderness; 25,719 acres of
BLM land as the Crack Canyon Wilderness; 142,993 acres of BLM
land as the Desolation Canyon Wilderness; 8,675 acres of BLM
land as the Devil's Canyon Wilderness; 13,832 acres of BLM land
as the Eagle Canyon Wilderness; 26,192 acres of BLM land as the
Horseshoe Canyon Wilderness; 76,368 acres of BLM land as the
Mexican Mountain Wilderness; 48,330 acres of BLM land as the
Muddy Creek Wilderness; 7,176 acres of Forest Service land and
257 acres of BLM land (which will be managed by the Forest
Service) as the Nelson Mountain Wilderness; 17,325 acres of BLM
land as the Red's Canyon Wilderness; 60,425 acres of BLM land
as the San Rafael Reef Wilderness; 49,115 acres of BLM land as
the Sid's Mountain Wilderness; and 29,029 acres of BLM land as
the Turtle Canyon Wilderness.
Subsection (b) directs the Secretary concerned to file the
map of the new wilderness area with the committees of
jurisdiction and directs the Secretary concerned to make the
maps publically available.
Sec. 202. Administration
Subsection (a) directs the Secretary concerned to manage
the new wilderness areas pursuant to the Wilderness Act (16
U.S.C. 1131 et seq.).
Subsection (b) makes clear that recreational rock climbing
activities can continue.
Subsection (c) requires the Secretary concerned to
establish a plan for hiking and equestrian trails.
Subsection (d) authorizes grazing activities that were
established prior to enactment of this legislation, to
continue. It further requires the Secretary concerned, within
two years of enactment of this legislation, to conduct an
inventory of facilities and improvements made for grazing
activities.
Subsection (e) prohibits the implementation of buffer zones
around the new wilderness areas.
Subsection (f) makes clear that nothing in this legislation
restricts or prohibits military flights and training exercises
of the airspace of the new wilderness areas.
Subsection (g) authorizes commercial services, including
outfitting and guiding, in the new wilderness areas.
Subsection (h) authorizes the Secretary concerned to
acquire land within the boundaries of the new wilderness areas,
by donation, purchase, or exchange from a willing seller. It
further makes clear that any land acquired by the Federal
government that is within the boundaries of the new wilderness
areas, will be added to the wilderness areas.
Subsection (i) makes clear that nothing in this legislation
(1) reserves water rights that is within the new wilderness
areas; (2) impacts any water rights in Utah, including Federal
water rights; (3) establishes a precedent for future wilderness
designations; or (4) limits, alters, or modifies any interstate
water compacts.
Subsection (j) directs the Secretary concerned to offer to
enter into a memorandum of understanding with Emery County
regarding motorized access for search and rescue operations in
the Crack Canyon Wilderness area.
Sec. 203. Fish and wildlife management
Section 203 makes clear that State management of fish and
wildlife on public land is not impacted by this title.
Sec. 204. Release of land for nonwilderness use
Subsection (a) finds that approximately 17,420 acres of BLM
land that have been designated as a WSA have been sufficiently
studied.
Subsection (b) revokes the WSA designation on the 17,420
acres of BLM land.
TITLE III--WILD AND SCENIC RIVER DESIGNATION
Sec. 301. Green River wild and scenic river designations
Subsection (a) amends the Wild and Scenic River Act to
designate approximately 5.3 miles of the Green River as a wild
river; 8.5 miles of the Green River as a recreational river;
and 49.2 miles of the Green River as a scenic river.
Subsection (b) makes clear that if the Federal government
acquires any section of river within or adjacent to the
segments described in subsection (a), it will be incorporated
into the applicable wild, scenic, or recreational river.
TITLE IV--LAND MANAGEMENT AND CONVEYANCES
Sec. 401. Goblin Valley State Park recreation and public purpose
agreement
Subsection (a) directs the Secretary concerned, at the
request of the State of Utah, to convey approximately 6,261
acres of land to the State, without consideration, to be
managed as a part of Goblin Valley State Park.
Subsection (b) reverts the land back to Federal management
if the State is no longer managing the land as a State park.
Sec. 402. Jurassic National Monument
Subsection (a) establishes the 850 acre Jurassic National
Monument (Monument) for the purposes of conserving,
interpreting, and enhancing the paleontological, scientific,
educational, and recreational resources of the Monument.
Subsection (b) directs the Secretary concerned to file a
map with the committees of jurisdiction and to make the map
publically available.
Subsection (c) withdraws the Monument from entry,
appropriation, or disposal under public land laws; location,
entry, and patent under mining laws; and geothermal and mineral
leasing laws.
Subsection (d) directs the Secretary concerned to manage
the Monument as a piece of the National Landscape Conservation
System.
Subsection (e) directs the Secretary concerned to develop,
within two years of enactment of this legislation, a management
plan for the Monument. The management plan is required to
describe the appropriate uses of the Monument and authorize
continued scientific research.
Subsection (f) only authorizes the Secretary concerned to
allow uses of the Monument that are consistent with its
purposes.
Subsection (g) directs the Secretary concerned to provide
educational and scientific interpretation of the
paleontological resources and authorizes the Secretary
concerned to enter into cooperative management agreements.
Subsection (h) makes clear that management of Areas of
Critical Environmental Concern is not impacted by this section.
Subsection (i) authorizes motorized vehicles only on
designated routes and trails, except if needed to respond to an
emergency.
Subsection (j) makes clear that nothing in this section
alters Federal water rights.
Subsection (k) authorizes continued grazing within the
Monument, if established before enactment of this legislation.
Sec. 403. Public land disposal and acquisition
Subsection (a) authorizes the Secretary concerned to sell
Federal land within Emery County that has been identified for
disposal.
Subsection (b) directs the Secretary concerned to deposit
the funds in the Emery County, Utah, Land Acquisition Account,
and authorizes the Secretary concerned to use those funds to
purchase lands to add to a wilderness area of the Recreation
Area.
Sec. 404. Public purpose conveyances
Subsection (a) directs the Secretary concerned, at the
request of a local government, to convey without consideration
approximately 640 acres of land to be used for the Emery City
Recreation Area; 320 acres of land to expand the Huntington
Airport; five acres of land for the Emery County Sheriff's
Office substation; and five acres of land for the Buckhorn
Information Center.
Subsection (b) directs the Secretary concerned to make the
map publically available and to file the map with the
committees of jurisdiction.
Subsection (c) reverts the land to the Federal government
if it is used for a purpose other than provided for in this
legislation.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2809. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2809, as ordered reported.
Congressionally Directed Spending
S. 2809, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the August 22, 2018, hearing on S. 2809 follows:
Statement of Christopher McAlear, Assistant Director, National
Conservation Lands & Community Partnerships, Bureau of Land Management,
U.S. Department of the Interior
Thank you for the opportunity to testify on S. 2809, the
Emery County Public Land Management Act of 2018, which provides
direction for the future management of Federal lands in Emery
County, Utah. S. 2809 designates 10 new wilderness areas,
establishes the San Rafael Swell Western Heritage and Historic
Mining National Conservation Area (NCA) and the Jurassic
National Monument, and designates 54 miles of Wild and Scenic
Rivers. The bill also provides for a number of land
conveyances, authorizes an exchange with the State of Utah's
School and Institutional Trust Lands Administration (SITLA),
and establishes a cooperative management area, among other
provisions.
The Department of the Interior (Department) recognizes the
significant work of Senator Hatch and Representative Curtis on
S. 2809, and we appreciate the many improvements they have made
from previous iterations of this proposal. Working with local
governments and the public, they have reached consensus on
challenging resource issues and management concerns in Emery
County, Utah.
Secretary Zinke, through Secretarial Orders 3347, 3356, and
3366 has pledged to expand access to America's public lands, to
increase hunting, fishing, and recreational opportunities
nationwide, and to enhance conservation stewardship. In
addition, Secretary Zinke is focused on restoring full
collaboration and coordination with local communities and
making the Department a better neighbor. The Department
supports S. 2809, which we believe is consistent with the
Secretary's priorities to improve recreation, public access,
and collaborative conservation. We would welcome the
opportunity to work with the sponsor and the Subcommittee to
address a few issues outlined in this statement.
As a matter of policy, the Department strongly supports
Congressional action to resolve issues of wilderness
designation and release of wilderness study areas (WSAs) on
public lands across the West, and we welcome opportunities to
further those efforts. We defer to the Department of
Agriculture regarding provisions in the bill concerning the
lands and interests they administer.
Because of the complexity of this legislation and the
importance of these issues to the Department, this statement
will address each of the bill's provisions individually.
background
Emery County, located in east central Utah, covers
approximately 4,500 square miles and is home to about 11,000
people. The lands managed by the Bureau of Land Management
(BLM) in this region range from rolling uplands and snow-capped
peaks to free-flowing rivers and colorful red-rock canyons,
which are rich in prehistoric and cultural sites. This varied
terrain provides habitat for a broad array of wildlife,
including mule deer, pronghorn antelope, bighorn sheep, and
several sensitive bird and fish species. The public lands in
Emery County provide popular destinations for outdoor
enthusiasts, including off-highway vehicle users, hikers,
mountain bikers, rock climbers, and hunters. Many of these
public lands also provide opportunities for grazing, energy
development, and other commercial activities.
S. 2809, Emery County Public Land Management Act of 2018 S.
2809 establishes the San Rafael Swell Western Heritage and
Historic Mining NCA and the Jurassic National Monument. The
bill also creates 10 new wilderness areas, releases portions of
existing WSAs, and designates approximately 54 miles of Wild
and Scenic Rivers. Finally, S. 2809 provides for a number of
land conveyances, authorizes an exchange with the State of
Utah, and establishes a cooperative management area, along with
other miscellaneous provisions.
San Rafael Swell National Conservation Area (Title I)
Title I of S. 2809 establishes the approximately 336,500-
acre San Rafael Swell Western Heritage and Historic Mining NCA
on BLM-managed public lands. The proposed NCA would be subject
to valid existing rights. The San Rafael Swell features
brightly colored and wildly eroded sandstone formations, deep
canyons, and giant plates of stone tilted upright through
massive geologic upheaval. The fins and folds of the San Rafael
Reef jut through the southeast side of the area and feature
dramatic cliffs, pinnacles, the knobs of Goblin Valley, and
twisted canyons. As a result, this area provides significant
opportunities for hiking, biking, off-highway vehicle
recreation, horseback riding, canyoneering, and river running,
among many others.
Title I of the bill also requires the Secretary, through
the BLM, to develop a Resource Management Plan (RMP) for the
NCA within three years of enactment. Specifically, the bill
requires that the RMP describe the appropriate uses of the NCA,
be developed with extensive public input, and take into
consideration any information developed in studies of the land
within the NCA. The Department values and appreciates working
closely with partners and looks forward to continuing to work
with local government agencies and organizations on the
management of the NCA.
Finally, Title I of the bill establishes an advisory
council to assist the BLM with the preparation of the RMP for
the NCA. The Department has supported advisory councils for
many NCAs and similar designations, and we believe that the
local input and involvement that they provide is beneficial in
the management of public lands.
The Department would welcome the opportunity to work with
the sponsor and the Subcommittee on a number of modifications
to Title I that we believe would enhance implementation,
including boundary adjustments for manageability and clarifying
amendments related to maps, road construction, grazing and
related infrastructure, public safety, archeological resources,
water rights, casual collection, and time frames. We would also
like to work with the sponsor on language clarifying the
specific purposes for which the NCA would be designated.
Wilderness & Wild and Scenic River Designations (Titles II & III)
Title II of S. 2809 would designate 10 new wilderness areas
on over 529,000 acres of Federal land in Emery County. The
designations are on lands managed primarily by the BLM
(approximately 509,000 acres) and the U.S. Forest Service
(approximately 20,000 acres). The Department notes that the
BLM-managed lands proposed for wilderness designation by Title
II of the bill generally serve as habitat for a diversity of
plant and animal life and provide important opportunities for
hiking, hunting, rock climbing, horseback riding, and other
forms of outdoor recreation in eastern Utah. Title II would
also release approximately 14,800 acres of BLM managed lands
from WSA status, allowing these areas to be managed according
to the existing BLM land use plans. These lands are small
portions of WSAs that were not designated wilderness by this or
previous legislation.
We recognize the hard work of the sponsor and other members
of the Utah delegation in seeking consensus on BLM wilderness
designations and WSA releases. Only Congress can determine
whether to designate WSAs as wilderness or to release them for
other multiple uses. The WSAs included in the proposed
wilderness designations have been pending final resolution by
Congress since 1991. The Department, therefore, strongly
supports Congress settling the status of these lands, which
would provide certainty to public land users in Emery County.
The Department would welcome the opportunity to work with
the sponsor and the Subcommittee on a few modifications to
Title II, including boundary modifications to the proposed
wildernesses to improve manageability and clarifying amendments
to the map language, grazing allotment review, water rights and
resource facilities, existing withdrawals, casual collection,
and time frames. The Department also notes that there are
existing power site classification and reserve withdrawals
within some of the lands proposed for wilderness designation.
Further, the Department notes that for many years Congress
has referred to House Report 98-40 to clarify intent with
regard to fuels management. Despite this, prior to this
Administration, there has been a reluctance to use the
authority in the Wilderness Act to adequately manage for
wildfire. The Department recommends that the language be
amended to explicitly state the types of activities that
Congress envisions within this authorization to ensure clear
intent with respect to active and efficient management.
Title III of the bill would designate approximately 54
miles of the Green River as wild, scenic, and recreational
rivers corridors under the Wild and Scenic Rivers Act. The
Department would like to work with the sponsor on technical
changes, including language identifying beginning and ending
points for individual river segments and enhancing
manageability.
Public Land Management, Disposals, & SITLA Exchange (Title IV)
Section 402 of S. 2809 requires the Secretary to enter into
an agreement under the Recreation and Public Purposes Act (R&PP
Act) with the Division of Parks and Recreation of the Utah
Department of Natural Resources for approximately 9,350 acres
of BLM-managed lands to expand Goblin Valley State Park.
Section 401 of the bill designates the Temple Mountain
Cooperative Management Area (CMA) on approximately 7,800 acres
of public lands surrounding the enlarged park and the proposed
Crack Canyon Wilderness, for the purpose of promoting and
managing outdoor recreation and conserving the recreational and
scenic resources of the area. Section 401 further authorizes
the Secretary, at the State of Utah's request, to enter into a
cooperative agreement whereby the CMA would be managed by the
Division of Parks and Recreation of the Utah Department of
Natural Resources.
The Department supports minor conveyances for the expansion
or establishment of public parks in various western states. We
would like the opportunity to work with the sponsor and the
Subcommittee on a few modifications to the proposed Goblin
Valley State Park expansion, including boundary adjustments for
improved manageability and clarifying amendments regarding
cultural and historic resources, potential conflicts with wild
horse herd management areas, unpatented mining claims, the
specific mechanism for conveyance, and consistency with the
requirements of the R&PP Act.
Section 403 of S. 2809 designates approximately 2,500 acres
of BLM-managed public lands as the Jurassic National Monument.
The BLM currently manages a portion of this area as the
Cleveland-Lloyd Dinosaur Quarry to protect and conserve its
unique paleontological resources, which includes the densest
concentration of Jurassic-era dinosaur bones in the world. The
Department supports this designation and would welcome the
opportunity to work with the sponsor on a few modifications to
improve manageability, including boundary adjustments and
clarifying amendments.
Section 404 of the bill would authorize the Secretary to
sell public lands within Emery County that have been identified
as potentially suitable for disposal in the applicable land use
plan as of the date of enactment. Any proceeds from the sale of
land would be deposited into a special U.S. Treasury account,
which would be available to the Secretary to acquire from
willing sellers any land or interests in land within the
proposed wildernesses or the San Rafael Swell NCA.
Section 405 of the bill would transfer four parcels of
public land--encompassing approximately 2,700 acres--to State
and local governmental entities for a variety of public
purposes and includes a standard reversionary clause to ensure
that they are used for their intended purpose. This section
also includes language requiring that any hazardous
contamination be remediated by the applicable local government
entity prior to reversion. The Department has previously
supported legislated, no-cost public purpose conveyances if
they meet standards under the R&PP Act and are determined to be
appropriate for transfer out of Federal ownership. The
Department would like to work with the sponsor on a few
amendments to this section, including boundary adjustments for
manageability and protection of known cultural and historic
resources, time frames, mapping requirements, and language more
clearly defining the specific public purposes for each of the
conveyances.
Section 406 of S. 2809 authorizes the State of Utah to
relinquish inholdings within the proposed wildernesses and San
Rafael Swell NCA and select BLM-managed public lands that are
not part of the BLM's National Conservation Lands, areas of
critical environmental concern (ACECs), special recreation
management areas, and (with some exceptions) acquired lands to
receive in exchange. The purpose of these exchanges would be to
consolidate ownership of isolated State parcels and to transfer
public lands to the State for economic development.
Under this section, the land exchanges would be completed
subject to valid existing rights, and appraisals would be
conducted. The Secretary or the State may assume all of the
costs or other responsibilities associated with the exchange
and make adjustments to the relative values involved in the
conveyance of land to compensate the Secretary or the State, as
applicable, for assuming these costs or other responsibilities.
If the value of the lands proposed for exchange is not equal,
they must be made equal by the State or Secretary making a cash
equalization payment to the other party or through the use of a
ledger account.
The Department supports the completion of major land
exchanges that consolidate ownership of scattered tracts of
land, thereby easing BLM and State land management tasks. We
would like the opportunity to work with the sponsor and
Subcommittee to incorporate standard appraisal and equalization
of values language into the exchange contemplated by section
406. This language would allow the Department to continue its
adherence to the Uniform Appraisal Standards for Federal Land
Acquisition and Uniform Standards of Professional Appraisal
Practice. The Department recommends that any appraisal process
be managed by DOI's Appraisal and Valuation Services Office,
which provides credible, timely, and efficient valuation
services to ensure public trust in Federal real property
transactions. While it may be appropriate to consider
alternative methods for low-value parcels and environmental
review as envisioned by this legislation, we believe in general
that adhering to existing Federal Land Policy and Management
Act (FLPMA) processes as much as possible is important.
The Department would also welcome the opportunity to work
with the sponsor on a few modifications to the land exchange
outlined in section 406, including language clarifying whether
it is subject to section 206 of FLPMA, areas eligible for
selection, timing of the withdrawal, grazing considerations,
and time frames.
conclusion
The Department greatly appreciates the sponsor's ambitious
effort to address difficult resource and land management issues
in Emery County, Utah. We support S. 2809, which we believe is
consistent with the Secretary's priorities to improve
recreation, public access, and conservation stewardship. The
Department looks forward to continuing to work with the sponsor
and the Subcommittee as this bill moves forward through the
legislative process.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 2809, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
Public Law 90-542, as amended
* * * * * * *
Sec. 3 (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) Clearwater, middle fork, idaho.--The Middle Fork
from the town of Kooskia upstream to the town of
Lowell; the Lochsa River from its junction with the
Selway at Lowell forming the Middle Fork, upstream to
the Powell Ranger Station; and the Selway River from
Lowell upstream to its origin; to be administered by
the Secretary of Agriculture.
* * * * * * *
(214) Green river.--The approximately 63-mile
segment, as generally depicted on the map entitled
`Emery County Public Land Management Act of 2018
Overview Map' and dated September 14, 2018, to be
administered by the Secretary of the Interior, in the
following classifications:
(A) Wild river segment.--The 5.3-mile segment
from the boundary of the Uintah and Ouray
Reservation, south to the Nefertiti boat ramp,
as a wild river.
(B) Recreational river segment.--The 8.5-mile
segment from the Nefertiti boat ramp, south to
the Swasey's boat ramp, as a recreational
river.
(C) Scenic river segment.--The 49.2-mile
segment from Bull Bottom, south to the county
line between Emery and Wayne Counties, as a
scenic river.
* * * * * * *
[all]