S.Amdt. 150

SA 150. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 111 submitted by Ms. Murkowski (for herself and Mr.
Manchin) and intended to be proposed to the bill S. 47, to provide for
the management of the natural resources of the United States, and for
other purposes; which was ordered to lie on the table; as follows:

Strike sections 1222 through 1232 and insert the following:

SEC. 1222. 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; Existing 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) Existing roads.--
(A) In general.--Necessary maintenance or repairs to
existing roads designated in the Management Plan for the use
of motorized vehicles, including necessary repairs to keep
existing roads free of debris or other safety hazards, shall
be permitted after the date of enactment of this Act,
consistent with the requirements of this section.
(B) Effect.--Nothing in this subsection prevents the
Secretary from rerouting an existing road or trail to protect
Recreation Area resources from degradation or to protect
public safety, as determined to be appropriate by the
Secretary.
(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--

[[Page S1020]]

(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 historic 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) Withdrawal.--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.
(j) Cooperative Agreement.--The Secretary may enter into a
cooperative agreement with the State in accordance with
section 307(b) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1737(b)) and other applicable laws to
provide for the protection, management, and maintenance of
the Recreation Area.

SEC. 1223. SAN RAFAEL SWELL 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
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 part;
(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.

SEC. 1224. LIMITATION ON THE DESIGNATION OF NATIONAL
MONUMENTS IN THE COUNTY.

Notwithstanding any other provision of law, no national
monuments may be established in the County under section
320301 of title 54, United States Code.

Subpart B--Wilderness Areas

SEC. 1231. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION
SYSTEM.

(a) Additions.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following land in the State is
designated as wilderness and as components of the National
Wilderness Preservation System:
(1) Cold wash.--Certain Federal land managed by the Bureau
of Land Management, comprising approximately 11,001 acres,
generally depicted on the Map as ``Proposed Cold Wash
Wilderness'', which shall be known as the ``Cold Wash
Wilderness''.
(2) Desolation canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 142,996
acres, generally depicted on the Map as ``Proposed Desolation
Canyon Wilderness'', which shall be known as the ``Desolation
Canyon Wilderness''.
(3) 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''.
(4) 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''.
(5) Labyrinth canyon.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 54,643
acres, generally depicted on the Map as ``Proposed Labyrinth
Canyon Wilderness'', which shall be known as the ``Labyrinth
Canyon Wilderness''.
(6) Mexican mountain.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 76,413
acres, generally depicted on the Map as ``Proposed Mexican
Mountain Wilderness'', which shall be known as the ``Mexican
Mountain Wilderness''.
(7) Muddy creek.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 98,023
acres, generally depicted on the Map as ``Proposed Muddy
Creek Wilderness'', which shall be known as the ``Muddy Creek
Wilderness''.
(8) 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 Wilderness'', 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.
(9) 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''.
(10) San rafael reef.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 60,442
acres, generally depicted on the Map as ``Proposed San Rafael
Reef Wilderness'', which shall be known as the ``San Rafael
Reef Wilderness''.
(11) Sid's mountain.--Certain Federal land managed by the
Bureau of Land Management, comprising approximately 49,130
acres, generally depicted on the Map as ``Proposed Sid's
Mountain Wilderness'', which shall be known as the ``Sid's
Mountain Wilderness''.
(12) 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 part, 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 be on file and available for public
inspection in the appropriate office of the Secretary.

SEC. 1232. 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 part 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).

[[Page S1021]]

(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 subpart
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 subpart--
(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 1231;
(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 Muddy Creek Wilderness established
by section 1231(a)(7).
______