Union Calendar No. 202

104TH CONGRESS

1ST SESSION H. R. 1745

[Report No. 104–396]

A BILL

To designate certain public lands in the State of

Utah as wilderness, and for other purposes.

DECEMBER 11, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 202

104TH CONGRESS

1ST SESSION H. R. 1745

[Report No. 104–396]

To designate certain public lands in the State of Utah as wilderness, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 1995

Mr. HANSEN (for himself and Mrs. WALDHOLTZ) introduced the following bill;

which was referred to the Committee on Resources

DECEMBER 11, 1995

Additional sponsors: Mrs. CHENOWETH, Mr. DOOLITTLE, Mr. SAXTON, Mr.

GALLEGLY, Mr. COOLEY, Mr. SKEEN, Mr. RADANOVICH, Mr. DUNCAN,

Mr. STUMP, Mrs. CUBIN, Mr. ALLARD, Mr. JONES, Mr. YOUNG of Alaska, Mr. CALVERT, Mr. HERGER, Mr. SHADEGG, Mr. CRAPO, Mr. SOLOMON, Mr. HAYWORTH, Mr. HASTINGS of Washington, Mr. GILCHREST,

Mr. HEFLEY, Mr. METCALF, Mr. LEWIS of California, Mr. POMBO, Mrs.

SMITH of Washington, Mr. ENSIGN, Mr. CREMEANS, Mr. THORNBERRY,

Mr. LONGLEY, Mr. SCHAEFER, Mr. BLUTE, Mr. MCDADE, Mr. MCKEON,

Mr. LIVINGSTON, Mrs. VUCANOVICH, Mr. STOCKMAN, and Ms. DUNN of

Washington

Deleted sponsor: Mr. TORKILDSEN (added June 30, 1995; deleted October 30,

1995)

DECEMBER 11, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 6, 1995]
2

•HR 1745 RH

A BILL

To designate certain public lands in the State of Utah as

wilderness, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Utah Public Lands

5 Management Act of 1995’’.

6 SEC. 2. DESIGNATION OF WILDERNESS.

7 (a) DESIGNATION.—In furtherance of the purposes of

8 the Wilderness Act (16 U.S.C. 1131 et seq.), the following

9 lands in the State of Utah are hereby designated as wilder10 ness and therefore as components of the National Wilderness

11 Preservation System:

12 (1) Certain lands in the Desolation Canyon Wil13 derness Study Area comprised of approximately

14 254,478 acres, as generally depicted on a map enti15 tled ‘‘Desolation Canyon Wilderness—Proposed’’ and

16 dated , and which shall be known as the

17 Desolation Canyon Wilderness.

18 (2) Certain lands in the San Rafael Reef Wilder19 ness Study Area comprised of approximately 47,786

20 acres, as generally depicted on a map entitled ‘‘San

21 Rafael Reef Wilderness—Proposed’’ and dated
3

•HR 1745 RH

1 , and which shall be known as the San

2 Rafael Reef Wilderness.

3 (3) Certain lands in the Horseshoe Canyon Wil4 derness Study Area (North) comprised of approxi5 mately 24,966 acres, as generally depicted on a map

6 entitled ‘‘Horseshoe/Labyrinth Canyon Wilderness—

7 Proposed’’ and dated , and which shall be

8 known as the Horseshoe/Labyrinth Canyon Wilder9 ness.

10 (4) Certain lands in the Crack Canyon Wilder11 ness Study Area comprised of approximately 20,322

12 acres, as generally depicted on a map entitled ‘‘Crack

13 Canyon Wilderness—Proposed’’ and dated ,

14 and which shall be known as the Crack Canyon Wil15 derness.

16 (5) Certain lands in the Muddy Creek Wilderness

17 Study Area comprised of approximately 37,244 acres,

18 as generally depicted on a map entitled ‘‘Muddy

19 Creek Wilderness—Proposed’’ and dated ,

20 and which shall be known as the Muddy Creek Wil21 derness.

22 (6) Certain lands in the Sids Mountain Wilder23 ness Study Area comprised of approximately 41,154

24 acres, as generally depicted on a map entitled ‘‘Sids

25 Mountain Wilderness—Proposed’’ and dated
4

•HR 1745 RH

1 , and which shall be known as the Sids

2 Mountain Wilderness.

3 (7) Certain lands in the Mexican Mountain Wil4 derness Study Area comprised of approximately

5 34,107 acres, as generally depicted on a map entitled

6 ‘‘Mexican Mountain Wilderness—Proposed’’ and

7 dated , and which shall be known as the

8 Mexican Mountain Wilderness.

9 (8) Certain lands in the Phipps-Death Hollow

10 Wilderness Study Area comprised of approximately

11 42,437 acres, as generally depicted on a map entitled

12 ‘‘Phipps-Death Hollow Wilderness—Proposed’’ and

13 dated , and which shall be known as the

14 Phipps-Death Hollow Wilderness.

15 (9) Certain lands in the Steep Creek Wilderness

16 Study Area comprised of approximately 21,277 acres,

17 as generally depicted on a map entitled ‘‘Steep Creek

18 Wilderness—Proposed’’ and dated , and

19 which shall be known as the Steep Creek Wilderness.

20 (10) Certain lands in the North Escalante Can21 yons/The Gulch Wilderness Study Area comprised of

22 approximately 103,324 acres, as generally depicted on

23 a map entitled ‘‘North Escalante Canyons/The Gulch

24 Wilderness—Proposed’’ and dated , and
5

•HR 1745 RH

1 which shall be known as the North Escalante Can2 yons/The Gulch Creek Wilderness.

3 (11) Certain lands in the Scorpion Wilderness

4 Study Area comprised of approximately 16,692 acres,

5 as generally depicted on a map entitled ‘‘Scorpion

6 Wilderness—Proposed’’ and dated , and

7 which shall be known as the Scorpion Wilderness.

8 (12) Certain lands in the Mt. Ellen-Blue Hills

9 Wilderness Study Area comprised of approximately

10 62,663 acres, as generally depicted on a map entitled

11 ‘‘Mt. Ellen-Blue Hills Wilderness—Proposed’’ and

12 dated , and which shall be known as the Mt.

13 Ellen-Blue Hills Wilderness.

14 (13) Certain lands in the Bull Mountain Wilder15 ness Study Area comprised of approximately 11,424

16 acres, as generally depicted on a map entitled ‘‘Bull

17 Mountain Wilderness—Proposed’’ and dated

18 , and which shall be known as the Bull

19 Mountain Wilderness.

20 (14) Certain lands in the Fiddler Butte Wilder21 ness Study Area comprised of approximately 22,180

22 acres, as generally depicted on a map entitled ‘‘Fid23 dler Butte Wilderness—Proposed’’ and dated

24 , and which shall be known as the Fiddler

25 Butte Mountain Wilderness.
6

•HR 1745 RH

1 (15) Certain lands in the Mt. Pennell Wilderness

2 Study Area comprised of approximately 18,620 acres,

3 as generally depicted on a map entitled ‘‘Mt. Pennell

4 Wilderness—Proposed’’ and dated , and

5 which shall be known as the Mt. Pennell Wilderness.

6 (16) Certain lands in the Mt. Hillers Wilderness

7 Study Area comprised of approximately 14,746 acres,

8 as generally depicted on a map entitled ‘‘Mt. Hillers

9 Wilderness—Proposed’’ and dated , and

10 which shall be known as the Mt. Hillers Wilderness.

11 (17) Certain lands in the Little Rockies Wilder12 ness Study Area comprised of approximately 48,928

13 acres, as generally depicted on a map entitled ‘‘Little

14 Rockies Wilderness—Proposed’’ and dated ,

15 and which shall be known as the Little Rockies Wil16 derness.

17 (18) Certain lands in the Mill Creek Canyon

18 Wilderness Study Area comprised of approximately

19 7,838 acres, as generally depicted on a map entitled

20 ‘‘Mill Creek Canyon Wilderness—Proposed’’ and

21 dated , and which shall be known as the

22 Mill Creek Canyon Wilderness.

23 (19) Certain lands in the Negro Bill Canyon

24 Wilderness Study Area comprised of approximately

25 7,432 acres, as generally depicted on a map entitled
7

•HR 1745 RH

1 ‘‘Negro Bill Canyon Wilderness—Proposed’’ and

2 dated , and which shall be known as the

3 Negro Bill Canyon Wilderness.

4 (20) Certain lands in the Floy Canyon Wilder5 ness Study Area comprised of approximately 28,290

6 acres, as generally depicted on a map entitled ‘‘Floy

7 Canyon Wilderness—Proposed’’ and dated ,

8 and which shall be known as the Floy Canyon Wil9 derness.

10 (21) Certain lands in the Coal Canyon Wilder11 ness Study Area and the Spruce Canyon Wilderness

12 Study Area comprised of approximately 56,760 acres,

13 as generally depicted on a map entitled ‘‘Coal/Spruce

14 Canyon Wilderness—Proposed’’ and dated ,

15 and which shall be known as the Coal/Spruce Canyon

16 Wilderness.

17 (22) Certain lands in the Flume Canyon Wilder18 ness Study Area comprised of approximately 37,506

19 acres, as generally depicted on a map entitled ‘‘Flume

20 Canyon Wilderness—Proposed’’ and dated ,

21 and which shall be known as the Flume Canyon Wil22 derness.

23 (23) Certain lands in the Westwater Canyon

24 Wilderness Study Area comprised of approximately

25 25,383 acres, as generally depicted on a map entitled
8

•HR 1745 RH

1 ‘‘Westwater Canyon Wilderness—Proposed’’ and

2 dated , and which shall be known as the

3 Westwater Canyon Wilderness.

4 (24) Certain lands in the Beaver Creek Wilder5 ness Study Area comprised of approximately 24,531

6 acres, as generally depicted on a map entitled ‘‘Bea7 ver Creek Wilderness—Proposed’’ and dated

8 , and which shall be known as the Beaver

9 Creek Wilderness.

10 (25) Certain lands in the Fish Springs Wilder11 ness Study Area comprised of approximately 36,142

12 acres, as generally depicted on a map entitled ‘‘Fish

13 Springs Wilderness—Proposed’’ and dated ,

14 and which shall be known as the Fish Springs Wil15 derness.

16 (26) Certain lands in the Swasey Mountain Wil17 derness Study Area comprised of approximately

18 34,803 acres, as generally depicted on a map entitled

19 ‘‘Swasey Mountain Wilderness—Proposed’’ and dated

20 , and which shall be known as the Swasey

21 Mountain Wilderness.

22 (27) Certain lands in the Parunuweap Canyon

23 Wilderness Study Area comprised of approximately

24 19,122 acres, as generally depicted on a map entitled

25 ‘‘Parunuweap Canyon Wilderness—Proposed’’ and
9

•HR 1745 RH

1 dated , and which shall be known as the

2 Parunuweap Wilderness.

3 (28) Certain lands in the Canaan Mountain

4 Wilderness Study Area comprised of approximately

5 32,297 acres, as generally depicted on a map entitled

6 ‘‘Canaan Mountain Wilderness—Proposed’’ and dated

7 , and which shall be known as the Canaan

8 Mountain Wilderness.

9 (29) Certain lands in the Paria-Hackberry Wil10 derness Study Area comprised of approximately

11 57,641 acres, as generally depicted on a map entitled

12 ‘‘Paria-Hackberry Wilderness—Proposed’’ and dated

13 , and which shall be known as the Paria14 Hackberry Wilderness.

15 (30) Certain lands in the Escalante Canyon

16 Tract 5 Wilderness Study Area comprised of approxi17 mately 756 acres, as generally depicted on a map en18 titled ‘‘Escalante Canyon Tract 5 Wilderness—Pro19 posed’’ and dated , and which shall be

20 known as the Escalante Canyon Tract 5 Wilderness.

21 (31) Certain lands in the Fifty Mile Mountain

22 Wilderness Study Area comprised of approximately

23 121,434 acres, as generally depicted on a map enti24 tled ‘‘Fifty Mile Mountain Wilderness—Proposed’’
10

•HR 1745 RH

1 and dated , and which shall be known as

2 the Fifty Mile Mountain Wilderness.

3 (32) Certain lands in the Howell Peak Wilder4 ness comprised of approximately 14,518 acres, as gen5 erally depicted on a map entitled ‘‘Howell Peak Wil6 derness—Proposed’’ and dated , and which

7 shall be known as the Howell Peak Wilderness.

8 (33) Certain lands in the Notch Peak Wilderness

9 Study Area comprised of approximately 28,778 acres,

10 as generally depicted on a map entitled ‘‘Notch Peak

11 Wilderness—Proposed’’ and dated , and

12 which shall be known as the Notch Peak Wilderness.

13 (34) Certain lands in the Wah Wah Mountains

14 Wilderness Study Area comprised of approximately

15 41,311 acres, as generally depicted on a map entitled

16 ‘‘Wah Wah Mountains Wilderness—Proposed’’ and

17 dated , and which shall be known as the

18 Wah Wah Wilderness.

19 (35) Certain lands in the Mancos Mesa Wilder20 ness Study Area comprised of approximately 48,269

21 acres, as generally depicted on a map entitled

22 ‘‘Mancos Mesa Wilderness—Proposed’’ and dated

23 , and which shall be known as the Mancos

24 Mesa Wilderness.
11

•HR 1745 RH

1 (36) Certain lands in the Grand Gulch Wilder2 ness Study Area comprised of approximately 51,110

3 acres, as generally depicted on a map entitled ‘‘Grand

4 Gulch Wilderness—Proposed’’ and dated ,

5 and which shall be known as the Grand Gulch Wil6 derness.

7 (37) Certain lands in the Dark Canyon Wilder8 ness Study Area comprised of approximately 67,099

9 acres, as generally depicted on a map entitled ‘‘Dark

10 Canyon Wilderness—Proposed’’ and dated ,

11 and which shall be known as the Dark Canyon Wil12 derness.

13 (38) Certain lands in the Butler Wash Wilder14 ness Study Area comprised of approximately 24,888

15 acres, as generally depicted on a map entitled ‘‘Butler

16 Wash Wilderness—Proposed’’ and dated ,

17 and which shall be known as the Butler Wash Wilder18 ness.

19 (39) Certain lands in the Indian Creek Wilder20 ness Study Area comprised of approximately 6,769

21 acres, as generally depicted on a map entitled ‘‘In22 dian Creek Wilderness—Proposed’’ and dated

23 , and which shall be known as the Indian

24 Creek Wilderness.
12

•HR 1745 RH

1 (40) Certain lands in the Behind the Rocks Wil2 derness Study Area comprised of approximately

3 13,728 acres, as generally depicted on a map entitled

4 ‘‘Behind the Rocks Wilderness—Proposed’’ and dated

5 , and which shall be known as the Behind

6 the Rocks Wilderness.

7 (41) Certain lands in the Cedar Mountains Wil8 derness Study Area comprised of approximately

9 25,645 acres, as generally depicted on a map entitled

10 ‘‘Cedar Mountains Wilderness—Proposed’’ and dated

11 , and which shall be known as the Cedar

12 Mountains Wilderness.

13 (42) Certain lands in the Deep Creek Mountains

14 Wilderness Study Area comprised of approximately

15 71,024 acres, as generally depicted on a map entitled

16 ‘‘Deep Creek Mountains Wilderness—Proposed’’ and

17 dated , and which shall be known as the

18 Deep Creek Mountains Wilderness.

19 (43) Certain lands in the Nutters Hole Wilder20 ness Study Area comprised of approximately 3,647

21 acres, as generally depicted on a map entitled ‘‘Nut22 ters Hole Wilderness—Proposed’’ and dated

23 , and which shall be known as the Nutters

24 Hole Wilderness.
13

•HR 1745 RH

1 (44) Certain lands in the Cougar Canyon Wil2 derness Study Area comprised of approximately 4,370

3 acres, including those lands located in the State of

4 Nevada, as generally depicted on a map entitled

5 ‘‘Cougar Canyon Wilderness—Proposed’’ and dated

6 , and which shall be known as the Cougar

7 Canyon Wilderness.

8 (45) Certain lands in the Red Mountain Wilder9 ness Study Area comprised of approximately 9,216

10 acres, as generally depicted on a map entitled ‘‘Red

11 Mountain Wilderness—Proposed’’ and dated

12 , and which shall be known as the Red

13 Mountains Wilderness.

14 (46) Certain lands in the Deep Creek Wilderness

15 Study Area comprised of approximately 3,063 acres,

16 as generally depicted on a map entitled ‘‘Deep Creek

17 Wilderness—Proposed’’ and dated , and

18 which shall be known as the Deep Creek Wilderness.

19 (47) Certain lands within the Dirty Devil Wil20 derness Study Area comprised of approximately

21 75,854 acres, as generally depicted on a map entitled

22 ‘‘Dirty Devil Wilderness—Proposed’’ and dated

23 , and which shall be known as the Dirty

24 Devil Wilderness.
14

•HR 1745 RH

1 (48) Certain lands within the Horseshoe Canyon

2 South Wilderness Study Area comprised of approxi3 mately 11,392 acres, as generally depicted on a map

4 entitled ‘‘Horseshoe Canyon South Wilderness—Pro5 posed’’ and dated , and which shall be

6 known as the Horseshoe Canyon South Wilderness.

7 (49) Certain lands in the French Spring-Happy

8 Canyon Wilderness Study Area comprised of approxi9 mately 12,343 acres, as generally depicted on a map

10 entitled ‘‘French Spring-Happy Canyon Wilderness—

11 Proposed’’ and dated , and which shall be

12 known as the French Spring-Happy Canyon Wilder13 ness.

14 (b) MAP AND DESCRIPTION.—As soon as practicable

15 after the date of enactment of this Act, the Secretary of the

16 Interior (hereafter in this Act referred to as the ‘‘Sec17 retary’’) shall file a map and a legal description of each

18 area designated as wilderness by subsection (a) with the

19 Committee on Resources of the House of Representatives

20 and the Committee on Energy and Natural Resources of

21 the Senate. Each such map and description shall have the

22 same force and effect as if included in this Act, except that

23 corrections of clerical and typographical errors in each such

24 map and legal description may be made. Each such map

25 and legal description shall be on file and available for pub-
15

•HR 1745 RH

1 lic inspection in the office of the Director of the Bureau

2 of Land Management, and the office of the State Director

3 of the Bureau of Land Management in the State of Utah,

4 Department of the Interior.

5 SEC. 3. ADMINISTRATION OF WILDERNESS AREAS.

6 (a) IN GENERAL.—Subject to valid existing rights,

7 each area designated by this Act as wilderness shall be ad8 ministered by the Secretary in accordance with this Act,

9 the Wilderness Act (16 U.S.C. 1131 et seq.), and section

10 603 of the Federal Land Policy and Management Act of

11 1976. Any valid existing rights recognized by this Act shall

12 be determined under applicable laws, including the land use

13 planning process under section 202 of the Federal Land

14 Policy and Management Act of 1976 (43 U.S.C. 1712). Any

15 lands or interest in lands within the boundaries of an area

16 designated as wilderness by this Act that is acquired by

17 the United States after the date of enactment of this Act

18 shall be added to and administered as part of the wilderness

19 area within which such lands or interests in lands are lo20 cated.

21 (b) MANAGEMENT PLANS.—The Secretary shall, with22 in five years after the date of the enactment of this Act,

23 prepare plans to manage the areas designated by this Act

24 as wilderness.
16

•HR 1745 RH

1 (c) LIVESTOCK.—(1) Grazing of livestock in areas des2 ignated as wilderness by this Act, where established prior

3 to the date of the enactment of this Act, shall—

4 (A) continue and not be curtailed, phased out or

5 rendered economically infeasible due to wilderness

6 designation or management; and

7 (B) be administered in accordance with section

8 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4))

9 and the guidelines set forth in House Report 96–1126.

10 (2) Wilderness shall not be used as a suitability cri11 teria for managing any grazing allotment that is subject

12 to paragraph (1).

13 (d) STATE FISH AND WILDLIFE.—In accordance with

14 section 4(d)(7) of the Wilderness Act (16 U.S.C.

15 1131(d)(7)), nothing in this Act shall be construed as affect16 ing the jurisdiction or responsibilities of the State of Utah

17 with respect to fish and wildlife management activities, in18 cluding water development, predator control, transplanting

19 animals, stocking fish, hunting, fishing and trapping.

20 (e) PROHIBITION OF BUFFER ZONES.—The Congress

21 does not intend that designation of an area as wilderness

22 by this Act lead to the creation of protective perimeters or

23 buffer zones around the area. The fact that nonwilderness

24 activities or uses can be seen, heard, or smelled from areas
17

•HR 1745 RH

1 within a wilderness shall not preclude such activities or

2 uses up to the boundary of the wilderness area.

3 (f) OIL SHALE RESERVE NUMBER TWO.—The area

4 known as ‘‘Oil Shale Reserve Number Two’’ within Desola5 tion Canyon Wilderness (as designated by section 2(a)(1)),

6 located in Carbon County and Uintah County, Utah, shall

7 not be reserved for oil shale purposes after the date of the

8 enactment of this Act and shall be under the sole jurisdic9 tion of and managed by the Bureau of Land Management.

10 (g) ROADS AND RIGHTS-OF-WAY AS BOUNDARIES.—

11 Unless depicted otherwise on a map referred to by this Act,

12 where roads form the boundaries of the areas designated as

13 wilderness by this Act, the wilderness boundary shall be set

14 back from the center line of the road as follows:

15 (1) 300 feet for high standard roads such as

16 paved highways.

17 (2) 100 feet for roads equivalent to high standard

18 logging roads.

19 (3) 30 feet for all unimproved roads not referred

20 to in paragraphs (1) or (2).

21 (h) CHERRY-STEMMED ROADS.—(1) The Secretary

22 may not close or limit access to any road that is bounded

23 on one or both sides by an area designated as wilderness

24 by this Act, as generally depicted on a map referred to by

25 this Act, without first obtaining written consent from the
18

•HR 1745 RH

1 State of Utah or the political subdivision thereof with gen2 eral jurisdiction over roads in the area.

3 (2) Any road described in paragraph (1) that is main4 tained by an entity other than the United States may con5 tinue to be maintained and repaired by any such entity.

6 (i) ACCESS.—(1) Reasonable access shall be allowed to

7 water diversion, carriage, storage and ancillary facilities

8 in existence as of the date of enactment of this Act which

9 are within areas designated as wilderness by this Act, in10 cluding motorized access where necessary or customarily or

11 historically employed on existing routes. The diversion, car12 riage and storage capacity as of such date of such existing

13 water facilities, and the condition of existing access routes

14 as of such date, may be operated, maintained, repaired,

15 modified, and replaced as necessary to maintain serviceable

16 conditions.

17 (2) Reasonable access shall be allowed to any non-Fed18 eral lands that may remain within the areas designated

19 as wilderness by this Act and to valid existing rights on

20 Federal lands, including (but not limited to) existing water

21 diversion, carriage, storage and ancillary facilities and

22 livestock grazing improvements and structures.

23 (3) Facilities, structures and related access routes ex24 isting as of the date of enactment of this Act in areas des25 ignated as wilderness by this Act may be operated, main-
19

•HR 1745 RH

1 tained, repaired, and replaced as necessary to maintain

2 serviceable conditions.

3 (4) For the purposes of this subsection, reasonable ac4 cess includes motorized access where necessary and cus5 tomarily or historically employed on routes in existence as

6 of the date of enactment of this Act and where necessary

7 to meet the reasonable purposes for development and use

8 of in-held lands or valid existing rights.

9 (j) LAND ACQUISITION BY EXCHANGE OR PUR10 CHASE.—The Secretary shall offer to acquire from non-gov11 ernmental entities lands and interests in lands located

12 within or adjacent to areas designated as wilderness by this

13 Act. Lands may be acquired under this subsection only by

14 exchange, donation, or purchase from willing sellers.

15 SEC. 4. WATER RIGHTS.

16 (a) NO FEDERAL RESERVATION.—Nothing in this Act

17 or any other Act of Congress shall constitute or be construed

18 to constitute either an express or implied Federal reserva19 tion of water or water rights for any purpose arising from

20 the designation of areas as wilderness by this Act.

21 (b) ACQUISITION AND EXERCISE OF WATER RIGHTS

22 UNDER UTAH LAW.—The United States may acquire and

23 exercise such water rights as it deems necessary to carry

24 out its responsibilities on any lands designated as wilder25 ness by this Act pursuant to the substantive and procedural
20

•HR 1745 RH

1 requirements of the State of Utah. Nothing in this Act shall

2 be construed to authorize the use of eminent domain by the

3 United States to acquire water rights for such lands. Within

4 areas designated as wilderness by this Act, all rights to

5 water granted under the laws of the State of Utah may be

6 exercised in accordance with the substantive and procedural

7 requirements of the State of Utah.

8 (c) EXERCISE OF WATER RIGHTS GENERALLY UNDER

9 UTAH LAWS.—Nothing in this Act shall be construed to

10 limit the exercise of water rights as provided under Utah

11 State laws.

12 (d) CERTAIN FACILITIES NOT AFFECTED.—Nothing in

13 this Act shall affect irrigation, pumping and transmission

14 facilities and municipal, agricultural, livestock, or wildlife

15 water facilities in existence within the boundaries of areas

16 designated as wilderness by this Act, nor shall anything in

17 this Act be construed to limit operation, maintenance, re18 pair, modification, or replacement of such existing facili19 ties, as provided in section 3(i).

20 (e) WATER RESOURCE PROJECTS.—Nothing in this

21 Act shall be construed to limit or to be a consideration in

22 Federal approvals or denials for access to or use of the Fed23 eral lands for development and operation of water resource

24 projects, including (but not limited to) reservoir projects,
21

•HR 1745 RH

1 which are located outside and upstream of areas designated

2 as wilderness by this Act.

3 SEC. 5. CULTURAL, ARCHAEOLOGICAL, AND PALEONTOLOG4 ICAL RESOURCES.

5 The Secretary is responsible for the protection (includ6 ing through the use of mechanical means) and interpreta7 tion (including through the use of permanent improve8 ments) of cultural, archaeological, and paleontological re9 sources located within areas designated as wilderness by

10 this Act.

11 SEC. 6. NATIVE AMERICAN CULTURAL AND RELIGIOUS

12 USES.

13 In recognition of the past use of portions of the areas

14 designated as wilderness by this Act by Native Americans

15 for traditional cultural and religious purposes, the Sec16 retary shall assure nonexclusive access from time to time

17 to those sites by Native Americans for such purposes, in18 cluding (but not limited to) wood gathering for personal

19 use or collecting plants or herbs for religious or medicinal

20 purposes. Such access shall be consistent with the purpose

21 and intent of the Act of August 11, 1978 (42 U.S.C. 1996;

22 commonly referred to as the ‘‘American Indian Religious

23 Freedom Act’’).
22

•HR 1745 RH

1 SEC. 7. MILITARY OVERFLIGHTS.

2 (a) LOW-LEVEL OVERFLIGHTS NOT PRECLUDED.—

3 Nothing in this Act shall be construed to restrict or preclude

4 low-level overflights over the areas designated as wilderness

5 by this Act, including military overflights that can be seen

6 or heard within such areas. Nothing in this Act shall be

7 construed to restrict or preclude the designation of new

8 units of special airspace or the establishment of military

9 flight training routes over such areas.

10 (b) COMMUNICATIONS OR TRACKING SYSTEMS.—Noth11 ing in this Act shall be construed to require the removal

12 of existing communication or electronic tracking systems

13 from areas designated as wilderness by this Act or to pre14 vent the installation of portable electronic communication

15 or tracking systems in support of military flights so long

16 as installation, maintenance, and removal of such systems

17 does not require construction of temporary or permanent

18 roads.

19 SEC. 8. AIR QUALITY.

20 (a) IN GENERAL.—The Congress does not intend that

21 designation of wilderness areas in the State of Utah by this

22 Act lead to reclassification of any airshed to a more strin23 gent Prevention of Significant Deterioration (PSD) classi24 fication.

25 (b) ROLE OF STATE.—Air quality reclassification for

26 the wilderness areas established by this Act shall be the pre-
23

•HR 1745 RH

1 rogative of the State of Utah. All areas designated as wil2 derness by this Act are and shall continue to be managed

3 as PSD Class II under the Clean Air Act unless they are

4 reclassified by the State of Utah in accordance with the

5 Clean Air Act.

6 (c) INDUSTRIAL FACILITIES.—Nothing in this Act

7 shall be construed to restrict or preclude construction, oper8 ation, or expansion of industrial facilities outside of the

9 areas designated as wilderness by this Act, including (but

10 not limited to) the Hunter Power Plant, the Huntington

11 Power Plant, the Intermountain Power Project, the Bo12 nanza Power Plant, the Continental Lime Plant, and the

13 Brush Wellman Plant. Such projects and facilities shall be

14 permitted according to appropriate laws and regulations

15 including (but not limited to) the Clean Air Act.

16 SEC. 9. DISCLAIMERS.

17 Nothing in this Act shall construed to—

18 (1) prohibit the establishment and maintenance

19 of reservoirs, water-conservation works, transmission

20 lines, and other facilities needed in the public inter21 est, including the road construction and maintenance

22 essential to development and use thereof in—

23 (A) Cougar Canyon Wilderness designated

24 by section 2(a)(44);
24

•HR 1745 RH

1 (B) Red Mountain Wilderness designated by

2 section 2(a)(45);

3 (C) Parunuweap Canyon Wilderness des4 ignated by section 2(a)(27); and

5 (D) Canaan Mountain Wilderness des6 ignated by section 2(a)(28);

7 (2) Nothing in this Act shall be construed to pre8 vent the maintenance, repair, or expansion of commu9 nication sites and facilities or to require removal of

10 existing communication sites and facilities in—

11 (A) Swasey Mountain Wilderness des12 ignated by section 2(a)(26);

13 (B) Fifty Mile Mountain Wilderness des14 ignated by section 2(a)(31);

15 (C) Mt. Ellen Wilderness designated by sec16 tion 2(a)(12); and

17 (D) Deep Creek Mountains Wilderness des18 ignated by section 2(a)(42).

19 (3) prevent the construction of a pipeline for

20 transport of natural gas through the Right Hand of

21 Tusher Canyon in and adjacent to the Desolation

22 Canyon Wilderness designated by section 2(a)(1);

23 (4) as establishing a precedent with regard to

24 any future wilderness designation, nor shall it con-
25

•HR 1745 RH

1 stitute an interpretation of any other Act or any wil2 derness designation made pursuant thereto; and

3 (5) to prevent the use of any mechanically pro4 pelled water craft on navigable streams that lie with5 in or adjacent to an area designated as wilderness by

6 this Act.

7 SEC. 10. WILDERNESS RELEASE.

8 (a) FINDING.—The Congress finds and directs that all

9 public lands in the State of Utah administered by the Bu10 reau of Land Management have been adequately studied for

11 wilderness designation pursuant to sections 202 and 603

12 of the Federal Land Policy and Management Act of 1976

13 (43 U.S.C. 1712 and 1782).

14 (b) RELEASE.—Except as provided in subsection (c),

15 any public lands administered by the Bureau of Land Man16 agement in the State of Utah not designated wilderness by

17 this Act shall not be subject to section 603(c) of the Federal

18 Land Policy and Management Act of 1976 (43 U.S.C.

19 1783(c)) but shall be managed for the full range of

20 nonwilderness multiple uses in accordance with land man21 agement plans adopted pursuant to section 202 of such Act

22 (43 U.S.C. 1712). Such lands shall not be managed for the

23 purpose of protecting their suitability for wilderness des24 ignation or their wilderness character and shall remain
26

•HR 1745 RH

1 available for nonwilderness multiple uses, subject to the re2 quirements of other Federal laws.

3 (c) CONTINUING WILDERNESS STUDY AREAS STA4 TUS.—The following wilderness study areas which are

5 under study status by States adjacent to the State of Utah

6 shall continue to be subject to section 603(c) of the Federal

7 Land Policy and Management Act of 1976 (43 U.S.C.

8 1782(c)):

9 (1) Bull Canyon; UT–080–419/CO–010–001.

10 (2) Wrigley Mesa/Jones Canyon/Black Ridge

11 Canyon West; UT–060– 116/117/CO–070–113A.

12 (3) Squaw/Papoose Canyon; UT–060–227/CO–

13 030–265A.

14 (4) Cross Canyon; UT–060–229/CO–030–265.

15 SEC. 11. EXCHANGE RELATING TO SCHOOL AND INSTITU16 TIONAL TRUST LANDS.

17 (a) FINDINGS.—The Congress finds that—

18 (1) approximately 142,041 acres of school and

19 institutional trust lands are located within or adja20 cent to areas designated as wilderness by this Act;

21 (2) such lands were originally granted to the

22 State of Utah for the purpose of generating support

23 for the public schools through the development of nat24 ural resources and other methods;
27

•HR 1745 RH

1 (3) it is in the interest of the State of Utah for

2 such lands to be exchanged for interests in Federal

3 lands located outside of wilderness areas to accom4 plish this purpose; and

5 (4) the Federal lands described in subsection

6 (c)(2) are of approximate equivalent value to such

7 school and institutional trust lands.

8 (b) EXCHANGE.—If, not later than two years after the

9 date of the enactment of this Act and in accordance with

10 this section, the State of Utah offers to transfer all its right,

11 title, and interest in and to the school and institutional

12 trust lands described in subsection (c)(1) to the United

13 States, the Secretary shall accept the offer and transfer

14 (within two years after the date of such acceptance) to the

15 State of Utah in exchange for such lands all right, title,

16 and interest of the United States in and to the Federal

17 lands described in subsection (c)(2) and, if necessary, lands

18 identified pursuant to subsection (d). The exchange of lands

19 under this section shall be subject to valid existing rights.

20 (c) STATE AND FEDERAL EXCHANGE LANDS DE21 SCRIBED.—

22 (1) SCHOOL AND INSTITUTIONAL TRUST

23 LANDS.—The school and institutional trust lands re24 ferred to in this section are those lands generally de25 picted as ‘‘Utah School Lands’’ on the map entitled
28

•HR 1745 RH

1 ‘‘In-Held School Trust Land Exchange—Proposed’’

2 and dated which—

3 (A) are located within or adjacent to areas

4 designated by this Act as wilderness; and

5 (B) were granted by the United States in

6 the Utah Enabling Act to the State of Utah in

7 trust and other lands which under State law

8 must be managed for the benefit of the public

9 school system or the institutions of the State

10 which are designated by the Utah Enabling Act.

11 (2) FEDERAL LANDS.—The Federal lands re12 ferred to in this section are the lands located in the

13 State of Utah which are generally depicted as ‘‘Fed14 eral Exchange Lands’’ on the map referred to in

15 paragraph (1).

16 (d) ADDITIONAL AVAILABLE FEDERAL LANDS TO

17 REMEDY IMBALANCES DUE TO ENCUMBRANCES.—

18 (1) LIST OF ENCUMBRANCES.—Not later than

19 180 days after the date of the enactment of this Act,

20 the Secretary shall prepare a list of all encumbrances

21 of record (in the records of the Bureau of Land Man22 agement or otherwise known to the Bureau of Land

23 Management) of the Federal lands described in sub24 section (c)(2) and transmit the list to the State of

25 Utah. Likewise, the State shall prepare a list of all
29

•HR 1745 RH

1 encumbrances of record or otherwise known to the

2 State to the State lands described in subsection (c)(1)

3 and transmit the list to the Secretary.

4 (2) REMEDY.—In the event that the encum5 brances identified pursuant to paragraph (1) result

6 in an imbalance in the exchange under this section

7 such that the value of the lands transferred by the

8 State is greater than the value of the Federal lands

9 received, the Secretary shall transfer to the State such

10 additional Federal lands as may be necessary to rem11 edy the imbalance.

12 (e) DUTIES OF THE PARTIES AND OTHER PROVISIONS

13 RELATING TO THE EXCHANGE.—

14 (1) MAP AND LEGAL DESCRIPTION.—The State of

15 Utah and the Secretary shall each provide to the other

16 legal descriptions of the lands under their respective

17 jurisdictions which are to be exchanged under this

18 section. The map referred to in subsection (c)(1) and

19 the legal descriptions provided under this subsection

20 shall be on file and available for public inspection in

21 the office of the Director of the Bureau of Land Man22 agement, and the office of the State Director of the

23 Bureau of Land Management in the State of Utah,

24 Department of the Interior.
30

•HR 1745 RH

1 (2) HAZARDOUS MATERIALS.—The Secretary

2 and, as a condition of the exchange under this section,

3 the State of Utah shall make available for review and

4 inspection all pertinent records relating to hazardous

5 materials (if any) on lands to be exchanged under

6 this section. The responsibility for costs of remedial

7 action related to such materials shall be borne by

8 those entities responsible under existing law.

9 (3) PROVISIONS RELATING TO FEDERAL

10 LANDS.—(A) The enactment of this section Act shall

11 be construed as satisfying the provisions of section

12 206(a) of the Federal Land Policy and Management

13 Act of 1976 requiring that exchanges of lands be in

14 the public interest.

15 (B) The transfer of lands and related activities

16 required of the Secretary under this section shall not

17 be subject to National Environmental Policy Act of

18 1969.

19 (C) The value of Federal lands transferred to the

20 State under this section shall be adjusted to reflect the

21 right of the State of Utah to share in revenue from

22 such Federal lands.

23 (D) Subject to valid existing rights, the Federal

24 lands described in subsection (c)(2) are hereby with25 drawn from disposition under the public land laws
31

•HR 1745 RH

1 and from location, entry, and patent under the min2 ing laws of the United States, from the operation of

3 the mineral leasing laws of the United States, from

4 operation of the Geothermal Steam Act of 1970, and

5 from the operation of the Act of July 31, 1947, com6 monly known as the Materials Act of 1947 (30 U.S.C.

7 601 and following).

8 (f) ADMINISTRATION OF LANDS ACQUIRED BY THE

9 UNITED STATES.—The lands and interests in lands ac10 quired by the United States under this section shall be

11 added to and administered as part of areas of the public

12 lands, as indicated on the maps referred to in this section

13 or in section 2, as applicable.

14 SEC. 12. LAND APPRAISAL.

15 Lands and interests in lands acquired pursuant to this

16 Act shall be appraised without regard to the presence of a

17 species listed as threatened or endangered pursuant to the

18 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

HR 1745 RH——2

HR 1745 RH——3