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Union Calendar No. 357
106th CONGRESS
2d Session
H. R. 3605
[Report No. 106-647]
To establish the San Rafael Western Legacy District in the State of
Utah, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
February 9, 2000
Mr. Cannon (for himself and Mr. Hansen) introduced the following bill;
which was referred to the Committee on Resources
June 6, 2000
Additional sponsors: Mr. Maloney of Connecticut, Mr. Weldon of
Pennsylvania, Mr. Pallone, Mr. Gallegly, Mr. Gejdenson, Mr. Delahunt,
Mr. Tierney, Mr. Packard, Mr. Weiner, Mr. Peterson of Minnesota, Mr.
Doyle, Ms. Hooley of Oregon, Mr. Farr of California, Mr. Cook, Mr.
Franks of New Jersey, Mr. Campbell, Mr. Goodling, Mr. Hefley, Mr. Smith
of Washington, Mr. Calvert, Mr. King, Mr. Kucinich, Ms. Pryce of Ohio,
Mr. Ramstad, Mr. Udall of Colorado, Mr. Metcalf, and Ms. Woolsey
June 6, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 9, 2000]
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A BILL
To establish the San Rafael Western Legacy District in the State of
Utah, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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
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