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                                                    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.

           *       *       *       *       *       *       *


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