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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4267 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4267

 To designate certain National Forest System land in the Uinta-Wasatch-
  Cache National Forest in Salt Lake County, Utah, as wilderness, to 
  facilitate a land exchange involving certain land in such National 
                    Forest, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2012

 Mr. Matheson introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To designate certain National Forest System land in the Uinta-Wasatch-
  Cache National Forest in Salt Lake County, Utah, as wilderness, to 
  facilitate a land exchange involving certain land in such National 
                    Forest, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Wasatch Wilderness 
and Watershed Protection Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Designation of wilderness, Uinta-Wasatch-Cache National 
                            Forests, Utah.
Sec. 3. Special management area, Uinta-Wasatch-Cache National Forests, 
                            Utah.
Sec. 4. Administrative provisions related to wilderness areas.
Sec. 5. Existing water facilities.
Sec. 6. Land exchange, Uinta-Wasatch-Cache National Forests, Utah.

SEC. 2. DESIGNATION OF WILDERNESS, UINTA-WASATCH-CACHE NATIONAL 
              FORESTS, UTAH.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the following Federal lands within the 
Uinta-Wasatch-Cache National Forests in Salt Lake County, Utah, are 
designated as wilderness and as either a new component of the National 
Wilderness Preservation System or as an addition to an existing 
component of the National Wilderness Preservation System:
            (1) Lone peak wilderness addition.--Certain lands in the 
        vicinity of the Lone Peak Wilderness comprising approximately 
        4,627 acres, as generally depicted on the map titled ``Wasatch 
        Mountains Wilderness and Watershed Protection'' and dated 
        January 29, 2010 (in this subsection referred to as the 
        ``map''), which shall be added to and administered as part of 
        the Lone Peak Wilderness designated by section 2(I) of Public 
        Law 95-237 (92 Stat. 42).
            (2) Mount olympus wilderness addition.--Certain lands in 
        the vicinity of the Mount Olympus Wilderness comprising 
        approximately 3,155 acres, as generally depicted on the map, 
        which shall be added to and administered as part of the Mount 
        Olympus Wilderness designated by section 102(a)(3) of Public 
        Law 98-428 (98 Stat. 1658).
            (3) Wayne owens grandeur peak/mount aire wilderness.--
        Certain lands comprising approximately 7,759 acres, as 
        generally depicted on the map, which shall be known as the 
        ``Wayne Owens Grandeur Peak/Mount Aire Wilderness''.
    (b) Map and Description.--
            (1) Filing and availability.--As soon as practicable after 
        the date of the enactment of this Act, the Secretary of 
        Agriculture, acting through the Chief of the Forest Service, 
        shall file with the Committee on Natural Resources of the House 
        of Representatives and the Committee on Energy and Natural 
        Resources of the Senate a map and legal description of each 
        wilderness area designated or expanded by subsection (a). The 
        maps and legal descriptions shall be on file and available for 
        public inspection in the office of the Chief of the Forest 
        Service.
            (2) Force of law.--The maps and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary of Agriculture 
        may correct clerical and typographical errors in the maps and 
        legal descriptions.
    (c) Special Rule for Lone Peak Wilderness Addition.--
Notwithstanding the wilderness designation made by subsection (a)(1), 
the White Pine Reservoir, together with the ingress and egress routes 
thereto in existence as of the date of the enactment of this Act, shall 
continue to be operated, maintained, and upgraded as necessary, subject 
to reasonable requirements to protect wilderness values.

SEC. 3. SPECIAL MANAGEMENT AREA, UINTA-WASATCH-CACHE NATIONAL FORESTS, 
              UTAH.

    (a) Designation.--Subject to valid existing rights, the following 
Federal lands in the Uinta-Wasatch-Cache National Forests are 
established as special management areas:
            (1) Mt. aire special management area.--Certain lands 
        comprising approximately 1,275 acres, as generally depicted on 
        a map titled ``Wasatch Mountains Wilderness Protection and 
        Watershed Protection'' and dated January 29, 2010 (in this 
        subsection referred to as the ``map''), which shall be known as 
        the ``Mt. Aire Special Management Area''.
            (2) Mt. olympus special management area.--Certain lands 
        comprising approximately 1,957 acres, as generally depicted on 
        the map, which shall be known as the ``Mt. Olympus Special 
        Management Area''.
            (3) Twin peaks special management area.--Certain lands 
        comprising approximately 5,835 acres, as generally depicted on 
        the map, which shall be known as the ``Twin Peaks Special 
        Management Area''.
            (4) Lone peak special management area.--Certain lands 
        comprising approximately 1,413 acres, as generally depicted on 
        the map, which shall be known as the ``Lone Peak Special 
        Management Area''.
    (b) Maps and Descriptions.--
            (1) Filing and availability.--As soon as practicable after 
        the date of the enactment of this Act, the Secretary of 
        Agriculture, acting through the Chief of the Forest Service, 
        shall file with the Committee on Natural Resources of the House 
        of Representatives and the Committee on Energy and Natural 
        Resources of the Senate a map and legal description of each 
        special management area established by subsection (a). The maps 
        and legal descriptions shall be on file and available for 
        public inspection in the office of the Chief of the Forest 
        Service.
            (2) Force of law.--The maps and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary of Agriculture 
        may correct typographical errors in the maps and legal 
        descriptions.
    (c) Management.--
            (1) In general.--The Secretary of Agriculture shall manage 
        the special management area established by subsection (a) to 
        maintain the presently existing wilderness character of the 
        special management area and the potential for inclusion of the 
        area in the National Wilderness Preservation System.
            (2) Prohibitions.--
                    (A) Permanent roads.--Permanent roads may not be 
                established in the special management areas.
                    (B) Temporary roads and vehicles.--Except as 
                necessary to meet the minimum requirements for the 
                administration of the special management areas and to 
                protect public health and safety--
                            (i) the use of motorized or mechanized 
                        vehicles, except as described in paragraph (3), 
                        is prohibited in the special management area; 
                        and
                            (ii) the establishment of temporary roads 
                        is prohibited in the special management areas.
            (3) Allowable activities.--The Secretary of Agriculture may 
        authorize commercial helicopter-assisted skiing and 
        snowboarding activities (known as ``heliskiing''), as 
        authorized on the Federal lands included within the special 
        management areas as of the date of the enactment of this Act, 
        to continue within the special management area. Except as 
        provided in subsection (d), upon the expiration of an 
        authorization in effect as of the date of enactment of this Act 
        for heliskiing, the Secretary may reissue such authorizations 
        in accord with Forest Service procedures.
            (4) Applicable law.--Any uses of the Federal lands included 
        within the special management area, including activities 
        described in paragraph (3), shall be carried out in accordance 
        with applicable law.
    (d) Eventual Wilderness Designation.--
            (1) Timeline.--Within one year from the time in which all 
        commercial helicopter-assisted skiing and snowboarding 
        activities within any special management area established by 
        subsection (a) are no longer authorized or have otherwise 
        terminated within the special management area, the Secretary of 
        Agriculture shall publish notice to that effect in the Federal 
        Register.
            (2) Designation as wilderness.--The Federal lands included 
        within a special management area for which notice has been 
        published under paragraph (1) shall be designated as wilderness 
        and added to the National Wilderness Preservation System, 
        effective on the date of the notice, as follows:
                    (A) The lands included in the Mt. Aire Special 
                Management Area shall be added to and administered as 
                part of the Wayne Owens Grandeur Peak/Mount Aire 
                Wilderness established by section 2.
                    (B) The lands included in the Mt. Olympus Special 
                Management Area shall be added to and administered as a 
                part of the Mount Olympus Wilderness designated by 
                section 102(a)(3) of Public Law 98-428 (98 Stat. 1658) 
                and expanded by section 2.
                    (C) The lands included in the Twin Peaks Special 
                Management Area shall be added to and administered as a 
                part of the Twin Peaks Wilderness designated by section 
                102(a)(4) of Public Law 98-428 (98 Stat. 1658).
                    (D) The lands included in the Lone Peak Special 
                Management Area shall be added to and administered as 
                part of the Lone Peak Wilderness designated by section 
                2(I) of Public Law 95-237 (92 Stat. 42) and expanded by 
                section 2.

SEC. 4. ADMINISTRATIVE PROVISIONS RELATED TO WILDERNESS AREAS.

    (a) Covered Land Defined.--In this section, the term ``covered 
land'' means--
            (1) the wilderness areas designated or expanded by sections 
        2 and 3; and
            (2) the special management areas designated by section 3.
    (b) Administration Generally.--Subject to valid rights in existence 
on the date of the enactment of this Act, land designated as wilderness 
by section 2 or 3 shall be administered by the Secretary of Agriculture 
in accordance with--
            (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
            (2) this Act.
    (c) Treatment of Effective Date of Wilderness Act.--
            (1) In general.--With respect to land designated as 
        wilderness by section 2, any reference in the Wilderness Act 
        (16 U.S.C. 1131 et seq.) to the effective date of the 
        Wilderness Act shall be deemed to be a reference to the date of 
        the enactment of this Act.
            (2) Special management areas.--With respect to the lands 
        designated as wilderness by section 3, any reference in the 
        Wilderness Act to the effective date of the Wilderness Act 
        shall be deemed to be a reference to the date of the applicable 
        Federal Register notice referred to in section 3(d)(1).
    (d) Fish and Wildlife.--Nothing in this Act shall affect the 
jurisdiction or responsibility of the State of Utah with respect to 
wildlife and fish.
    (e) No Buffer Zones.--
            (1) In general.--Nothing in this Act shall create a 
        protective perimeter or buffer zone around covered land.
            (2) Activities outside wilderness.--The fact that a 
        nonwilderness activity or use can be seen or heard from within 
        covered land shall not preclude the conduct of the activity or 
        use outside the boundary of the covered land.
    (f) Withdrawal.--Subject to valid rights in existence on the date 
of the enactment of this Act, covered land is withdrawn from all forms 
of--
            (1) entry, appropriation, or disposal under public land 
        laws;
            (2) location, entry, and patent under mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (g) Acquired Land.--Any land or interest in land located inside the 
boundaries of covered land that is acquired by the United States after 
the date of the enactment of this Act shall become part of the relevant 
wilderness or special management area and shall be managed in 
accordance with this Act and other applicable law.
    (h) Fire, Insects, and Disease.--In accordance with section 4(d)(1) 
of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of 
Agriculture may take such measures in the covered land as the Secretary 
determines to be necessary for the control of fire, insects, and 
diseases, including, as the Secretary determines to be appropriate, the 
coordination of those activities with a State or local agency.

SEC. 5. EXISTING WATER FACILITIES.

    Nothing in this Act affects the ability to continue to maintain the 
Mount Haven, Mill D Summer Home, Beartrap, and Cardiff water systems 
that exist as of the date of the enactment of this Act (as shown on the 
map titled ``Wasatch Mountains Wilderness and Watershed Protection'' 
and dated January 10, 2010, outside the boundaries of the wilderness 
additions and special management areas designated by this Act.

SEC. 6. LAND EXCHANGE, UINTA-WASATCH-CACHE NATIONAL FORESTS, UTAH.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means the 
        approximately 331 acres of National Forest System land in the 
        Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, 
        identified as ``NFS Land to be Conveyed'' on the map.
            (2) Map.--The term ``map'' means the map entitled ``Wasatch 
        Mountains Wilderness and Watershed Protection'' and dated 
        August 31, 2010, which map shall be on file and available for 
        public inspection in the Office of the Chief of the Forest 
        Service.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the parcels of private land identified as ``Land to be acquired 
        by USFS'' on the map, including--
                    (A) the approximately 116 acres of private land 
                identified as ``White Pine parcel'' on the map, which 
                will be incorporated into the Lone Peak Wilderness as 
                provided in subsection (h)(1);
                    (B) the approximately 266 acres of private land 
                identified as ``Superior parcels'' on the map, which 
                will be administered as a special management area as 
                provided in subsection (h)(2);
                    (C) the approximately 160 acres of private land 
                identified as ``High Uintas'' parcel on the map, which 
                will be incorporated into the High Uintas Wilderness as 
                provided in subsection (h)(3); and
                    (D) such other lands owned by Snowbird that are 
                acceptable to the Secretary as components of the land 
                exchange authorized and directed by this section, 
                except that such lands may not replace any of the lands 
                identified in a preceding subparagraph.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) Snowbird.--The term ``Snowbird'' means Snowbird Ltd., a 
        Utah Limited Partnership.
    (b) Land Exchange.--
            (1) Authorized and directed.--If Snowbird offers to the 
        Secretary the land described in paragraph (2), the Secretary 
        shall--
                    (A) accept the land for management as provided in 
                subsection (h); and
                    (B) convey and quitclaim to Snowbird all right, 
                title, and interest of the United States in and to the 
                Federal land.
            (2) Snowbird offered lands.--The private land offered by 
        Snowbird in the land exchange shall include, in priority order, 
        all right, title, and interest of Snowbird in the parcels 
        identified in subparagraphs (A), (B), and (C) of subsection 
        (a)(3) and such other lands agreed upon as part of the exchange 
        to be conveyed to the United States under subparagraph (D) of 
        such subsection.
            (3) Existing rights.--The conveyance of the Federal land 
        under this section shall be subject to valid existing rights.
            (4) Title.--As a condition on the consummation of the land 
        exchange, title to the non-Federal land must be acceptable to 
        the Secretary, which shall be determined in conformity with the 
        title standards of the Attorney General.
            (5) Compliance with existing law.--Except as otherwise 
        provided in this section, the Secretary shall carry out the 
        land exchange under this section in accordance with section 206 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1716).
    (c) Land Descriptions.--
            (1) Survey requirement.--The exact acreage and legal 
        description of the Federal land and non-Federal land to be 
        exchanged under this section shall be determined by surveys 
        approved by the Secretary.
            (2) Reconfiguration of lands.--By mutual agreement, the 
        Secretary and Snowbird may reconfigure the land to be exchanged 
        under this section to facilitate management of the land or 
        eliminate fragmented parcels whose management is uneconomical. 
        The use of such reconfiguration authority shall be minimized 
        and involve the smallest quantity of acreage practicable to 
        achieve the objectives of improving management of the exchanged 
        land or eliminating fragmented parcels.
    (d) Valuation.--
            (1) In general.--The value of the Federal land and the non-
        Federal land to be exchanged under this section--
                    (A) shall be equal, as determined by appraisals 
                conducted in accordance with subsection (e); or
                    (B) if not equal, shall be equalized in the manner 
                provided in section 206(b) of the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1716(b)), except 
                that the Secretary may accept cash equalization 
                payments in excess of 25 percent to facilitate the land 
                exchange.
            (2) Deposit and use of cash equalization payments.--Any 
        cash equalization payments received by the Secretary under 
        paragraph (1) shall be deposited into the account established 
        by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 
        484a). The amounts deposited shall be available, in such 
        amounts as may be provided in advance in appropriation Acts, 
        until expended for the acquisition of lands and interests in 
        lands for the National Forest System.
    (e) Appraisals.--Section 206(d) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(d)) shall apply to the appraisal 
of the Federal land and non-Federal land, including the conservation 
easement described in subsection (g), to be exchanged under this 
section, except that the Secretary and Snowbird shall consult with the 
proposed recipient of the conservation easement in the selection of the 
appraiser.
    (f) Administrative Costs.--Snowbird shall cover the costs of 
survey, appraisal, and any other administrative expenses related to the 
land exchange under this section.
    (g) Conservation Easement.--
            (1) Contingency.--The obligation of the Secretary to 
        consummate the land exchange under this section is contingent 
        upon the execution of a binding agreement to convey a 
        conservation easement, consistent with the terms of this 
        subsection, for the approximately 298 acres of private land 
        identified as ``Flagstaff parcel'' on the map from Snowbird 
        to--
                    (A) Utah Open Lands (a non-profit land trust 
                incorporated in the State of Utah); or
                    (B) another land trust or the Salt Lake City 
                Department of Public Utilities if Utah Open Lands is 
                unwilling to accept conveyance of the conservation 
                easement.
            (2) Required terms.--Except as determined to be necessary 
        by the holder of the conservation easement described in 
        paragraph (1) to meet the minimum requirements for the 
        administration of the easement area in its undeveloped state or 
        to protect public health and safety, the conservation easement 
        shall contain the following prohibitions:
                    (A) No subdivision.
                    (B) No roads, other than temporary roads 
                constructed and used for cleanup of mining areas.
                    (C) No commercial enterprises.
                    (D) No permanent structures, except structures 
                associated with avalanche control that serve to 
                mitigate avalanche hazards to the Town of Alta, Utah, 
                and Little Cottonwood Canyon Road.
            (3) Occupancy and use of easement area.--The conservation 
        easement shall grant the easement holder sole authority to 
        regulate the occupancy and use of the easement area including--
                    (A) the prohibition or restriction of motorized 
                vehicles and equipment; and
                    (B) the conduct of avalanche control activities.
            (4) Restoration and remediation.--The conservation easement 
        shall reserve, in the fee owner of the land encumbered by the 
        easement, the right to conduct restoration and remediation of 
        hazardous substances from past mining and related construction 
        activities on the land.
            (5) Effect of failure to convey easement.--If an entity 
        described in paragraph (1) is unwilling to accept conveyance of 
        the conservation easement subject to the terms provided in this 
        subsection, the Secretary is relieved of any obligation to 
        consummate the land exchange under this section.
    (h) Management of Land Acquired by the Secretary.--
            (1) White pine parcel.--On acquisition by the Secretary, 
        the parcel identified as ``White Pine parcel'' on the map shall 
        be--
                    (A) incorporated into the Lone Peak Wilderness 
                established by section 2(i) of Public Law 95-237 (92 
                Stat. 42; 16 U.S.C. 1132 note) and expanded by section 
                2; and
                    (B) administered in accordance with the Wilderness 
                Act (16 U.S.C. 1131 et seq.) and this Act.
            (2) Superior parcel.--On acquisition by the Secretary, the 
        parcel identified as ``Superior parcel'' on the map shall be--
                    (A) added to the Uinta-Wasatch-Cache National 
                Forests as a special management area; and
                    (B) administered in accordance with subsection (c) 
                of section 3, except paragraph (3) of such subsection 
                shall not apply to the parcel and the Secretary may 
                allow avalanche control devices within the parcel for 
                the sole purpose of protecting public health and 
                safety.
            (3) High uintas parcel.--On acquisition by the Secretary, 
        the parcel identified as ``High Uintas parcel'' on the map 
        shall be--
                    (A) incorporated into the High Uintas Wilderness 
                designated by section 102(a)(5) of Public Law 98-428 
                (98 Stat. 1658); and
                    (B) administered in accordance with the Wilderness 
                Act (16 U.S.C. 1131 et seq.).
            (4) Other lands.--On acquisition by the Secretary of any 
        non-Federal land included in the land exchange pursuant to 
        subsection (a)(3)(D), the acquired land shall be added to and 
        administered as part of the Uinta-Wasatch-Cache National 
        Forest, subject to the laws and regulations applicable to the 
        National Forest System.
    (i) Withdrawal.--Subject to valid existing rights, the land 
acquired by the Secretary in the land exchange under this section is 
withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws relating to mineral and 
        energy leasing.
    (j) Environmental Liabilities.--
            (1) Effect of existence of contamination.--If any of the 
        non-Federal land is determined to be contaminated, including 
        contamination resulting from solid wastes, hazardous wastes or 
        substances, pollutants or contaminants, or other regulated 
        substances, or that the non-Federal land is in a condition that 
        would constitute a violation of any applicable Federal, State, 
        or local laws or regulations related to health, safety, or the 
        environment, and that such contamination or violation existed 
        before the date of the enactment of this Act--
                    (A) the Secretary may require that such land, or 
                the contaminated portion of the land, be removed from 
                the exchange before consummation of the land exchange; 
                or
                    (B) the Secretary may retain such land in the land 
                exchange, subject to the condition that Snowbird agree 
                to indemnify the United States or Salt Lake City, as 
                appropriate, and pay all costs to restore or remediate 
                any damages caused by the past release, spill, or 
                disposal of hazardous substances, pollutants, or 
                contaminants necessary to bring the land into 
                compliance with all applicable health, safety, and 
                environmental laws, and furthermore, for any discharges 
                or draining from any man-made features on the non-
                Federal lands which the Secretary retains, Snowbird 
                will obtain, and maintain, in perpetuity, any Federal 
                or State permits that may be or become necessary to 
                comply with applicable health, safety, or environmental 
                laws.
            (2) Conservation easement.--Acceptance by Utah Open Lands, 
        or another land trust or the Salt Lake City Department of 
        Public Utilities, of the conservation easement described in 
        subsection (g) shall not make the holder of the conservation 
        easement either an owner or operator with respect to the land 
        encumbered by the easement under the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.), nor shall the conveyance of the 
        easement absolve the fee owner of the land of any liability 
        under such Act, the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), or any other Federal, State, or local 
        environmental law or regulation.
            (3) Hold harmless.--Snowbird shall hold the United States 
        harmless for any liability for the condition of the Federal 
        land received by Snowbird in the land exchange under this 
        section, whether the condition on the Federal land was caused 
        by the negligence of the United States, or the result of any 
        approval by the United States of an authorized activity on the 
        Federal land.
            (4) Exception of federal land from certain covenants.--
        Clauses (ii) and (iii) of section 120(h)(3)(A) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 6920(h)(3)(A)) shall not apply 
        to the conveyance of the Federal land under this section.
                                 <all>
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