[Senate Report 106-401]
[From the U.S. Government Publishing Office]
Calendar No. 791
106th Congress Report
SENATE
2d Session 106-401
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SAN RAFAEL WESTERN LEGACY DISTRICT AND NATIONAL CONSERVATION ACT
_______
September 7, 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2048]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2048) to establish the San Rafael Western
Legacy District in the State of Utah, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends 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 March 24, 2000.
(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 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 March 24,
2000. 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 subjects 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 measure
The purpose of S. 2048 is to establish the San Rafael
Western Legacy District in the State of Utah, and within the
District, the San Rafael National Conservation Area.
background and need
The San Rafael Swell region in Emery County, Utah possesses
important historical, cultural, and natural resources
representative of the major themes associated with the history
of the American West. These include Native American culture,
exploration, pioneering, industrial development, and the
utilization and conservation of natural resources. This rugged
area contains important historical sites, has a notable history
of coal and uranium mining, is widely recognized for its
paleontological resources and dinosaur quarries, and contains
significant undeveloped recreational opportunities.
Many of the historical, cultural, and scientific sites are
on lands owned by the Federal Government and are managed by the
Bureau of Land Management or the U.S. Forest Service. The
rapidly changing character of the American West is bringing
about a need to rethink traditional Federal land management
methodologies. S. 2048 offers an opportunity to increase local
involvement in the shaping of the future of the San Rafael
Swell area while ensuring the economic viability of the rural
communities and enhancing the protection of Federal lands. The
area covered by this legislation encompasses approximately
2,842,800 acres with approximately 947,000 acres designated as
the San Rafael National Conservation Area.
The Western Legacy District and National Conservation Area
concept is a multi-dimensional approach to managing the diverse
and unusual lands within the San Rafael Swell. It goes beyond
the traditional practices employed by Federal agencies in the
management of public lands through the inclusion of local
history, cultural and economics, as well as wildlife habitat,
and educational opportunities for visitors.
Managing public lands across the West today requires new
and innovative methodologies. The value of a National
Conservation Area is the flexibility it gives to agencies in
managing a broad array of lands and uses. The close involvement
of the local communities and public land user groups will
result in protections for critical and sensitive areas beyond
that provided for under traditional land management practices.
The National Heritage Area is important because it will provide
a coordination vehicle which allows private citizens, local
communities and Federal agencies to work together to showcase
and preserve the history and lore of the San Rafael swell
region. In so doing, it will make the area a unique attraction,
distinct and apart from existing parks and monuments.
S. 2048 is designed to provide the management tools
necessary to protect Federal lands through enhanced community
involvement and the consideration of local needs.
legislative history
S. 2048 was introduced on February 9, 2000, by Senators
Hatch and Bennett. The Subcommittee on Forests and Public Land
Management held a hearing on S. 2048 on April 26, 2000. At the
business meeting on July 13, 2000, the Committee on Energy and
Natural Resources ordered S. 2048 reported favorably with an
amendment in the nature of a substitute.
committee recommendation and tabulation of votes
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2000, by a voice vote of a
quorum present, recommends that the Senate pass S. 2048 if
amended as described herein.
committee amendment
During the consideration of S. 2048, the Committee adopted
an amendment in the nature of a substitute that is identical to
the language reported by the House Committee on Resources. The
amendment is described in detail in the Section-by-Section
analysis below.
section-by-section analysis
Section 1 provides the short title of the Act, the ``San
Rafael Western Legacy District and National Conservation Act.''
Section 2 defines key terms used in the Act.
Title I--San Rafael Western Legacy District
Section 101 (a) and (b) establishes the San Rafael Western
Legacy District, which is approximately 2,842,800 acres in the
Emery County, Utah, and is depicted on the referenced map.
Subsection (c) requires the Secretary of the Interior (the
``Secretary'') to submit a map of the Legacy District to
Congress, and make it available to the public as soon as
practicable after the date of enactment of this Act.
Subsection (d) establishes a ``Legacy Council'' to advise
the Secretary and make recommendations on the management of the
District. The subsection further describes the membership of
the Council.
Subsection (e) allows the Secretary to make grants and
provide assistance, when matched by nonfederal funds of at
least 50 percent, to entities within the District for planning,
reports, studies, interpretive exhibits, historic preservation
projects, construction of a facilities, and other expenditures
consistent with the Act. The subsection restricts grants and
technical assistance for planning to a unit or a political
subdivision of the State of Utah and restricts the amounts to
be used for that purpose. The subsection also waives the
matching funds requirements for planning or for facilities
located on public lands and owned by the Federal Government.
The subsection further authorizes appropriations of not more
than $1,000,000 per year, nor $10,000,000 in total.
Section 102 specifies that the management of the District
will be in accordance with this Act and the Federal Land Policy
and Management Act, and that the Secretary shall allow uses
that further the purposes of the District. The section further
specifies that the Act does not affect the jurisdiction or
responsibilities of the State of Utah will respect to fish and
wildlife, the private property rights within the District, nor
diminishes the authority of the Secretary within the District.
Title II--San Rafael National Conservation Area
Section 201 establishes the San Rafael National
Conservation Area, approximately 947,000 acres, in Emery
County, Utah, as depicted on the referenced map. The section
designates the purposes of the Conservation Area. The section
also requires the Secretary of the Interior to submit a map to
the Congress describing the Conservation Area as soon as
practicable after the date of enactment of this Act.
Section 202(a) requires the Secretary to manage the
Conservation Area to conserve, protect, and enhance the
resources and values of the Conservation Area, consistent with
the Federal Land Policy and Management Act and other applicable
laws.
Subsection (b) requires the Secretary to allow only such
uses of the Conservation Area that further the purposes for
which the Conservation Area was established. Motorized vehicles
are permitted only on designated roads and trails, except where
needed for administrative or emergency purposes.
Subsection (c) prohibits motorized vehicles in areas where
roads did not exist as of February 2, 2000, or which are
designated for vehicle use in the management plan specified in
subsection (f), except where needed for administrative
purposes, and reasonable access to private or State lands.
Subsection (d) withdraws the lands in the Conservation Area
to mineral entry, subject to valid existing rights. The
subsection further authorizes the installation of communication
facilities within the Conservation Area to the extent necessary
for public safety .
Subsection (e) requires the Secretary to permit hunting,
trapping, and fishing within the Conservation Area, and may,
after consultation with the Utah Division of Wildlife
Resources, issue regulations designating zones or time periods
that restrict those activities.
Subsection (f) requires the development of a comprehensive
plan for the protection and management of the Conservation
Area.
Subsection (g) allows land exchanges in the Conservation
Area between the Secretary and the State of Utah School and
Institutional Trust Lands.
Subsection (h) authorizes the Secretary, the State of Utah,
and Emery County, Utah, to resolve access issues with the
Conservation Area.
Subsection (i) specifies that the Act does not diminish the
responsibility and authority of the State of Utah for
management of fish and wildlife within the Conservation Area.
Subsection (j) allows existing livestock grazing to
continue after enactment of this Act.
Subsection (k) specifies Congress' intent that the
establishment of the Conservation Area will not lead to the
creation of protective perimeters or buffer zones around the
Conservation Area, and that otherwise permitted activities or
uses that would not be permitted in the Conservation Area shall
not be precluded up to the boundary of the Conservation Area.
Subsection (l) specifies that the establishment of the
Conservation Area shall not constitute any implied or express
reservation of any water or water right pertaining to surface
or ground water, nor affect any existing water right, nor
affect any right approved by a State after the date of
enactment.
Subsection (m) specifies the conformance with other acts,
the cooperative resolution of wilderness issues are not
precluded.
cost and budgetary considerations
The Congressional Budget Office (CBO) estimate of the costs
of this measures follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 17, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2048, 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.
S. 2048--San Rafael Western Legacy District and National Conservation
Act
Summary: S. 2048 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 S. 2048 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. S. 2048 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 S. 2048. 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 S. 2048 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 will
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 cost 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 would 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)
S. 2048 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 S. 2048 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:
S. 2048 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.
Previous CBO estimate: On June 1, 2000, CBO transmitted a
cost estimate for H.R. 3605, the San Rafael Western Legacy
District and National Conservation Act, as ordered reported by
the House Committee on Resources on May 16, 2000. The bills are
substantively the same, the cost estimates are identical.
Estimate prepared by: Federal Costs: Megan Caroll. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
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. 2048.
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. 2048, as ordered reported.
executive communications
On July 13, 2000 the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 2048. These
reports had not been received at the time the report on S. 2048
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
Department of the Interior at the Subcommittee hearing follows:
Statement of Molly McUsic, Counselor to the Secretary, Department of
the Interior
Thank you for the opportunity to testify regarding S. 2048,
the San Rafael Western Legacy District and National
Conservation Area Act. The San Rafael Swell is an area of
immense beauty that deserves the special designation and
protections that this bill confers. The Administration supports
this legislation because of the additional protections it
provides for important public lands including the withdrawal
from mineral development and sale or exchange, restrictions on
off highway vehicle (OHV) use and innovative provisions for a
Legacy District. However, we would like the opportunity to work
with the Committee and Senators Hatch and Bennett to address
particular concerns and a few technical drafting issues.
The modification of the sweeping water language in section
202(k) must be addressed before markup. Furthermore, we believe
the issue of NCA boundaries may need further modification.
Wilderness designation for an appropriate portion of this area
is a difficult issue that remains. The Administration believes
that wilderness protections for a significant portion of this
area is warranted and would have preferred that it could have
been resolved in this legislation.
Both the NCA and the Legacy District are wholly within
Emery County, in central Utah--an expanse of nearly 4,500
square miles populated by only 11,000 hardy souls. Emery County
contains the longest stretch of interstate highway in America
(110 miles from Green River to Salina) without highway
services. Even with a 75 MPH speed limit, the stark and
stunning beauty of the vertical cliffs, buttes, ridges, alcoves
and pinnacles captures the eye and the imagination of nearly
every daytime traveler who uses this remote stretch of
interstate to traverse this extraordinary area. The place names
of Emery County (Black Dragon, Robbers Roost, Humbug and
Convulsion Canyon to name but a few) speak to a storied past
and a promising future inextricably linked to the human
history, rugged grandeur and harsh demands of these lands.
The beauty of the San Rafael Swell area began 40 to 60
million years ago when a massive uplift formed a geologic
structure called an anticline. This bulge in the earth's crust
was later eroded to leave high mesas, deep canyons, domes,
spectacular arches and spires. The terrain varies from sheer
cliffs and dazzling canyons to more gently eroded badlands
broken by shallow washes. The fins and folds of the San Rafael
Reef jut through the southeast side of the area with dramatic
sheer-walled cliffs, pinnacles, knobs, twisted canyons and
valleys of stunning colors. Few canyons can compare to the
entrenched, narrow gorges of the Black Boxes of the San Rafael
River which twists and turns through the San Rafael Swell. The
rugged nature of the region has long served to discourage
exploration and settlement except by the hardiest of
individuals.
Human occupation of the area dates to at least 11,000 years
ago. Petroglyphs and pictographs attest to occupation of
indigenous people of the Fremont culture at the turn of the
first millenium. Early European exploration of the area
probably dates to the mid- to late 18th-century Spanish
explorers. Through the 1800s American explorers traveled
through and around the San Rafael Swell region and were as
awestruck by the area as we are today. Lieutenant E.G.
Beckwith, a member of a 1853 railroad exploration expedition,
wrote this of the region:
Desolate as is the country over which we have just
passed, and around us, the view is still one of the
most beautiful and pleasing I have seen. As we
approached the river yesterday, the ridges on either
side of its banks to the west appeared broken into a
thousand forms--columns, shafts, temples, buildings,
and ruined cities could be seen, or imagined, from the
high points along our route.
Nineteenth Century settlement of the area can be traced to
the last colonizing mission called by Brigham Young. Fifty
families were sent to settle Castle Valley by Brigham Young in
August 1877, less than a week before the West's greatest
colonizer left this life. In 1880 Emery County was created by
the Utah Territorial Legislature and the 1880 Census counted
556 people, a number which increased to 4,657 by 1900.
Today, Emery County, which includes both the San Rafael
Swell Area as well as more hospitable grasslands and river
bottoms, is poised to meet the future by living in harmony with
what these lands hold. The legislation before us today reflects
a recognition that the Federal lands offer opportunities for
economic growth that do not rely simply on extracting from the
land but also on preserving and protecting special areas.
The San Rafael Western Legacy District and National
Conservation Act provides important protections for this
beautiful area, insuring future generations may also enjoy it.
Not only will the people of Emery County have the opportunity
to rediscover and rejoice in their own considerable history and
contributions to the region but they will be able to share this
history with the rest of the country--what a gift to all
Americans.
The bill takes a unique two-tier approach to protecting
this important region. First, S. 2048 creates a nearly one
million acre National Conservation Area. The San Rafael
National Conservation Area created by the bill encompasses
approximately 959,000 acres of BLM-managed public lands. (There
may be room to consider whether these are the most appropriate
boundaries or if modifications may be advisable.) Subject to
valid existing rights these lands will be withdrawn from
mining, land laws and mineral leasing providing important
protections. The Secretary is charged under the bill with
allowing only such uses of the NCA as further the purposes for
which the conservation area is established--another critical
protection.
Importantly, vehicular travel within the NCA will be
limited to roads and trails designated for their use. The
designation of roads and trails, along with many other aspects
of management, will be finally determined as part of a
management plan. This management plan will be developed with
complete public input and involvement, and in partnership with
the Emery County Commissioners. This bill does not in any way
constrain current BLM authority to limit OHV use as necessary
to prevent resource degradation. The BLM is committed to taking
whatever interim actions are necessary to protect the resources
of the area while the management plan is being developed.
The NCA encompasses six Wilderness Study Areas (WSAs)
totaling 269,736 acres and an additional 354,866 acres of lands
with wilderness characteristics as determined by the BLM in its
Utah Wilderness Inventory 1999. This legislation addresses
wilderness with a hold harmless clause. Section 202(l) of the
bill makes clear that nothing in the bill alters the provisions
of the Wilderness Act and FLPMA as they pertain to wilderness
resources within the NCA. Appropriate wilderness designation is
a component of providing full protection for these
irreplaceable lands, and the Administration would liked to have
seen the wilderness issue resolved as part of this bill.
However, this bill does protect these areas against
degradation.
We are concerned about the language in section 202(k) of
the bill that deals with water. It contains sweeping language
not contained in any other law dealing with public lands. We
would like the opportunity to work with the Committee and
Senators Hatch and Bennett to resolve this and clarify accurate
acreage before the bill is marked up. Also, it is our
understanding that the map, dated February 8, 2000, and created
by the BLM for the Emery County Commissioners, is the map that
the bill will reference after markup.
The second tier of this legislation, a Western Legacy
District, is a new and unique concept, and one that we believe
can work well in this situation. This concept was developed
from the Heritage Area model which has been so successfully
used in the East, but here has been tailored to work in a
western landscape dominated by Federal lands. The San Rafael
Western Legacy District encompasses over 2.8 million acres of
Federal, state and private lands. The vast majority of these
lands are 2 million acres of BLM-managed public lands. The
Western Legacy District encompasses the NCA and is coterminous
with the boundaries of Emery County.
The role of the Western Legacy District is to promote the
conservation, history and natural resources of the area. This
in turn will provide new economic opportunities to the local
community. The San Rafael region has a story just waiting to be
told to a public fascinated with the history of the old west.
Emery County doesn't need Hollywood to create that story--the
people of Emery County lived it! Whether it's a retelling of
Sid's Leap which commemorates a daring and dramatic leap on
horseback over a 100-foot deep canyon by one of the Swazey
Brothers or the attempt by another brother to tame a mountain
lion, there is a tale to be told to a public eager to come,
see, and hear it.
The bill establishes a Legacy Council which will provide
the Secretary advice and recommendations for management of the
entire area. The bill also authorizes a total of $10 million
(no more than $1 million in any one year) to be available for
matching grants and technical assistance. These monies may be
used for a wide range of projects including: planning, historic
preservation and educational and interpretive facilities. We
believe it will allow the local community to more fully realize
the potential economic benefits derived from the protection of
the San Rafael region.
In addition to retelling the history of the settlement of
the West, there are other opportunities for increased tourism,
and economic growth. Within the proposed NCA boundary in
northern Emery County is one of the world's foremost sites for
dinosaur fossils--the Cleveland-Lloyd Dinosaur Quarry. Over
12,000 bones including those of the Allosaurus (the largest
carnivore of the Jurassic Age) and its prey including
Stegosaurus, Diplodocus and three distinct dinosaur species
found only in Emery County have been excavated at the site.
While scientists have explored the quarry since the early part
of the 20th century, it has become a growing tourist attraction
in more recent years. The Visitor Center with its mounted
Allosaurus attracts 5-7,000 visitors annually. This site
arguably rivals Dinosaur National Monument and the potential
for increased visitation is excellent.
Mr. Chairman, the legislation before us provides
considerable new protections for these important lands. It
provides the local community with opportunities for economic
growth and it does so in a rational, realistic manner.
Finally, Mr. Chairman let me take a moment to commend the
Emery County Commissioners and the efforts they have made.
Randy Johnson, Kent Peterson and Ira Hatch deserve enormous
amounts of credit for the bill before this subcommittee today.
I would be happy to answer any questions.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 2048, as ordered
reported.