Calendar No. 291

104TH CONGRESS

1ST SESSION S. 884

[Report No. 104–192]

A BILL

To designate certain public lands in the State of

Utah as wilderness, and for other purposes.

DECEMBER 19, 1995

Reported with an amendment
II

Calendar No. 291

104TH CONGRESS

1ST SESSION S. 884

[Report No. 104–192]

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

for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 6 (legislative day, JUNE 5), 1995

Mr. HATCH (for himself and Mr. BENNETT) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

DECEMBER 19, 1995

Reported by Mr. MURKOWSKI, with an amendment

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

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,
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1 SECTION. 1. SHORT TITLE.

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

3 Management Act of 1995’’.

4 SEC. 2. DESIGNATION OF WILDERNESS.

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

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

7 lands in the State of Utah are hereby designated as wilder8 ness and therefore as components of the National Wilder9 ness Preservation System:

10 (1) Certain lands in the Desolation Canyon Wil11 derness Study Area comprised of approximately

12 254,478 acres, as generally depicted on a map enti13 tled ‘‘Desolation Canyon Wilderness—Proposed’’

14 and dated llll, and which shall be known as

15 the Desolation Canyon Wilderness.

16 (2) Certain lands in the San Rafael Reef Wil17 derness Study Area comprised of approximately

18 47,786 acres, as generally depicted on a map enti19 tled ‘‘San Rafael Reef Wilderness—Proposed’’ and

20 dated llll, and which shall be known as the

21 San Rafael Reef Wilderness.

22 (3) Certain lands in the Horseshoe Canyon Wil23 derness Study Area (North) comprised of approxi24 mately 22,943 acres, as generally depicted on a map

25 entitled ‘‘Horseshoe/Labyrinth Canyon Wilderness—

26 Proposed’’ and dated llll, and which shall be
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1 known as the Horseshoe/Labyrinth Canyon Wilder2 ness.

3 (4) Certain lands in the Crack Canyon Wilder4 ness Study Area comprised of approximately 20,322

5 acres, as generally depicted on a map entitled

6 ‘‘Crack Canyon Wilderness—Proposed’’ and dated

7 llll, and which shall be known as the Crack

8 Canyon Wilderness.

9 (5) Certain lands in the Muddy Creek Wilder10 ness Study Area comprised of approximately 37,244

11 acres, as generally depicted on a map entitled

12 ‘‘Muddy Creek Wilderness—Proposed’’ and dated

13 llll, and which shall be known as the Muddy

14 Creek Wilderness.

15 (6) Certain lands in the Sids Mountain Wilder16 ness Study Area comprised of approximately 41,154

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

18 Mountain Wilderness—Proposed’’ and dated

19 llll, and which shall be known as the Sids

20 Mountain Wilderness.

21 (7) Certain lands in the Mexican Mountain Wil22 derness Study Area comprised of approximately

23 34,107 acres, as generally depicted on a map enti24 tled ‘‘Mexican Mountain Wilderness—Proposed’’ and
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1 dated llll, and which shall be known as the

2 Mexican Mountain Wilderness.

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

4 Wilderness Study Area comprised of approximately

5 42,437 acres, as generally depicted on a map enti6 tled ‘‘Phipps-Death Hollow Wilderness—Proposed’’

7 and dated llll, and which shall be known as

8 the Phipps-Death Hollow Wilderness.

9 (9) Certain lands in the Steep Creek Wilderness

10 Study Area comprised of approximately 21,277

11 acres, as generally depicted on a map entitled

12 ‘‘Steep Creek Wilderness—Proposed’’ and dated

13 llll, and which shall be known as the Steep

14 Creek Wilderness.

15 (10) Certain lands in the North Escalante Can16 yons/The Gulch Wilderness Study Area comprised of

17 approximately 103,324 acres, as generally depicted

18 on a map entitled ‘‘North Escalante Canyons/The

19 Gulch Wilderness—Proposed’’ and dated llll,

20 and which shall be known as the North Escalante

21 Canyons/The Gulch Creek Wilderness.

22 (11) Certain lands in the Scorpion Wilderness

23 Study Area comprised of approximately 16,692

24 acres, as generally depicted on a map entitled ‘‘Scor25 pion Wilderness—Proposed’’ and dated llll,
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1 and which shall be known as the Scorpion Wilder2 ness.

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

4 Wilderness Study Area comprised of approximately

5 62,663 acres, as generally depicted on a map enti6 tled ‘‘Mt. Ellen-Blue Hills Wilderness—Proposed’’

7 and dated llll, and which shall be known as

8 the Mt. Ellen-Blue Hills Wilderness.

9 (13) Certain lands in the Bull Mountain Wil10 derness Study Area comprised of approximately

11 11,424 acres, as generally depicted on a map enti12 tled ‘‘Bull Mountain Wilderness—Proposed’’ and

13 dated llll, and which shall be known as the

14 Bull Mountain Wilderness.

15 (14) Certain lands in the Fiddler Butte Wilder16 ness Study Area comprised of approximately 22,180

17 acres, as generally depicted on a map entitled ‘‘Fid18 dler Butte Wilderness—Proposed’’ and dated

19 llll, and which shall be known as the Fiddler

20 Butte Mountain Wilderness.

21 (15) Certain lands in the Mt. Pennell Wilder22 ness Study Area comprised of approximately 18,620

23 acres, as generally depicted on a map entitled ‘‘Mt.

24 Pennell Wilderness—Proposed’’ and dated
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1 llll, and which shall be known as the Mt.

2 Pennell Wilderness.

3 (16) Certain lands in the Mt. Hillers Wilder4 ness Study Area comprised of approximately 14,746

5 acres, as generally depicted on a map entitled ‘‘Mt.

6 Hillers Wilderness—Proposed’’ and dated llll,

7 and which shall be known as the Mt. Hillers Wilder8 ness.

9 (17) Certain lands in the Little Rockies Wilder10 ness Study Area comprised of approximately 48,928

11 acres, as generally depicted on a map entitled ‘‘Lit12 tle Rockies Wilderness—Proposed’’ and dated

13 llll, and which shall be known as the Little

14 Rockies Wilderness.

15 (18) Certain lands in the Mill Creek Canyon

16 Wilderness Study Area comprised of approximately

17 7,838 acres, as generally depicted on a map entitled

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

19 dated llll, and which shall be known as the

20 Mill Creek Canyon Wilderness.

21 (19) Certain lands in the Negro Bill Canyon

22 Wilderness Study Area comprised of approximately

23 7,432 acres, as generally depicted on a map entitled

24 ‘‘Negro Bill Canyon Wilderness—Proposed’’ and
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1 dated llll, and which shall be known as the

2 Negro Bill Canyon Wilderness.

3 (20) Certain lands in the Floy Canyon Wilder4 ness Study Area comprised of approximately 28,290

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

6 Canyon Wilderness—Proposed’’ and dated

7 llll, and which shall be known as the Floy

8 Canyon Wilderness.

9 (21) Certain lands in the Coal Canyon Wilder10 ness Study Area and the Spruce Canyon Wilderness

11 Study Area comprised of approximately 46,669

12 acres, as generally depicted on a map entitled ‘‘Coal/

13 Spruce Canyon Wilderness—Proposed’’ and dated

14 llll, and which shall be known as the Coal/

15 Spruce Canyon Wilderness.

16 (22) Certain lands in the Flume Canyon Wil17 derness Study Area comprised of approximately

18 31,568 acres, as generally depicted on a map enti19 tled ‘‘Flume Canyon Wilderness—Proposed’’ and

20 dated llll, and which shall be known as the

21 Flume Canyon Wilderness.

22 (23) Certain lands in the Westwater Canyon

23 Wilderness Study Area comprised of approximately

24 25,383 acres, as generally depicted on a map enti25 tled ‘‘Westwater Canyon Wilderness—Proposed’’
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1 and dated llll, and which shall be known as

2 the Westwater Canyon Wilderness.

3 (24) Certain lands in the Beaver Creek Wilder4 ness Study Area comprised of approximately 24,531

5 acres, as generally depicted on a map entitled ‘‘Bea6 ver Creek Wilderness—Proposed’’ and dated

7 llll, and which shall be known as the Beaver

8 Creek Wilderness.

9 (25) Certain lands in the Fish Springs Wilder10 ness Study Area comprised of approximately 36,142

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

12 Springs Wilderness—Proposed’’ and dated

13 llll, and which shall be known as the Fish

14 Springs Wilderness.

15 (26) Certain lands in the Swasey Mountain Wil16 derness Study Area comprised of approximately

17 34,803 acres, as generally depicted on a map enti18 tled ‘‘Swasey Mountain Wilderness—Proposed’’ and

19 dated llll, and which shall be known as the

20 Swasey Mountain Wilderness.

21 (27) Certain lands in the Parunuweap Canyon

22 Wilderness Study Area comprised of approximately

23 19,122 acres, as generally depicted on a map enti24 tled ‘‘Parunuweap Canyon Wilderness—Proposed’’
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1 and dated llll, and which shall be known as

2 the Parunuweap Wilderness.

3 (28) Certain lands in the Canaan Mountain

4 Wilderness Study Area comprised of approximately

5 30,864 acres, as generally depicted on a map enti6 tled ‘‘Canaan Mountain Wilderness—Proposed’’ and

7 dated llll, and which shall be known as the

8 Canaan 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 enti12 tled ‘‘Paria-Hackberry Wilderness—Proposed’’ and

13 dated llll, and which shall be known as the

14 Paria-Hackberry Wilderness.

15 (30) Certain lands in the Escalante Canyon

16 Tract 5 Wilderness Study Area comprised of ap17 proximately 756 acres, as generally depicted on a

18 map entitled ‘‘Escalante Canyon Tract 5 Wilder19 ness—Proposed’’ and dated llll, and which

20 shall be known as the Escalante Canyon Tract 5

21 Wilderness.

22 (31) Certain lands in the Fifty Mile Mountain

23 Wilderness Study Area comprised of approximately

24 121,434 acres, as generally depicted on a map enti25 tled ‘‘Fifty Mile Mountain Wilderness—Proposed’’
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1 and dated llll, 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

5 generally depicted on a map entitled ‘‘Howell Peak

6 Wilderness—Proposed’’ and dated llll, and

7 which shall be known as the Howell Peak Wilder8 ness.

9 (33) Certain lands in the Notch Peak Wilder10 ness Study Area comprised of approximately 28,778

11 acres, as generally depicted on a map entitled

12 ‘‘Notch Peak Wilderness—Proposed’’ and dated

13 llll, and which shall be known as the Notch

14 Peak Wilderness.

15 (34) Certain lands in the Wah Wah Mountains

16 Wilderness Study Area comprised of approximately

17 41,311 acres, as generally depicted on a map enti18 tled ‘‘Wah Wah Mountains Wilderness—Proposed’’

19 and dated llll, and which shall be known as

20 the Wah Wah Wilderness.

21 (35) Certain lands in the Mancos Mesa Wilder22 ness Study Area comprised of approximately 48,269

23 acres, as generally depicted on a map entitled

24 ‘‘Mancos Mesa Wilderness—Proposed’’ and dated
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1 llll, and which shall be known as the Mancos

2 Mesa Wilderness.

3 (36) Certain lands in the Grand Gulch Wilder4 ness Study Area comprised of approximately 51,110

5 acres, as generally depicted on a map entitled

6 ‘‘Grand Gulch Wilderness—Proposed’’ and dated

7 llll, and which shall be known as the Grand

8 Gulch Wilderness.

9 (37) Certain lands in the Dark Canyon Wilder10 ness Study Area comprised of approximately 67,099

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

12 Canyon Wilderness—Proposed’’ and dated

13 llll, and which shall be known as the Dark

14 Canyon Wilderness.

15 (38) Certain lands in the Butler Wash Wilder16 ness Study Area comprised of approximately 25,400

17 acres, as generally depicted on a map entitled ‘‘But18 ler Wash Wilderness—Proposed’’ and dated

19 llll, and which shall be known as the Butler

20 Wash Wilderness.

21 (39) Certain lands in the Indian Creek Wilder22 ness Study Area comprised of approximately 6,769

23 acres, as generally depicted on a map entitled ‘‘In24 dian Creek Wilderness—Proposed’’ and dated
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1 llll, and which shall be known as the Indian

2 Creek Wilderness.

3 (40) Certain lands in the Behind the Rocks

4 Wilderness Study Area comprised of approximately

5 13,728 acres, as generally depicted on a map enti6 tled ‘‘Behind the Rocks Wilderness—Proposed’’ and

7 dated llll, and which shall be known as the

8 Behind the Rocks Wilderness.

9 (41) Certain lands in the Cedar Mountains Wil10 derness Study Area comprised of approximately

11 25,645 acres, as generally depicted on a map enti12 tled ‘‘Cedar Mountains Wilderness—Proposed’’ and

13 dated llll, and which shall be known as the

14 Cedar Mountains Wilderness.

15 (42) Certain lands in the Deep Creek Moun16 tains Wilderness Study Area comprised of approxi17 mately 71,024 acres, as generally depicted on a map

18 entitled ‘‘Deep Creek Mountains Wilderness—Pro19 posed’’ and dated llll, and which shall be

20 known as the Deep Creek Mountains Wilderness.

21 (43) Certain lands in the Nutters Hole Wilder22 ness Study Area comprised of approximately 3,647

23 acres, as generally depicted on a map entitled ‘‘Nut24 ters Hole Wilderness—Proposed’’ and dated
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1 llll, and which shall be known as the Nutters

2 Hole Wilderness.

3 (44) Certain lands in the Cougar Canyon Wil4 derness Study Area comprised of approximately

5 6,408 acres, including those lands located in the

6 State of Nevada, as generally depicted on a map en7 titled ‘‘Cougar Canyon Wilderness—Proposed’’ and

8 dated llll, and which shall be known as the

9 Cougar Canyon Wilderness.

10 (45) Certain lands in the Red Mountain Wilder11 ness Study Area comprised of approximately 9,216

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

13 Mountain Wilderness—Proposed’’ and dated

14 llll, and which shall be known as the Red

15 Mountains Wilderness.

16 (46) Certain lands in the Deep Creek Wilder17 ness Study Area comprised of approximately 3,063

18 acres, as generally depicted on a map entitled ‘‘Deep

19 Creek Wilderness—Proposed’’ and dated llll,

20 and which shall be known as the Deep Creek Wilder21 ness.

22 (47) Certain lands within the Dirty Devil Wil23 derness Study Area comprised of approximately

24 75,854 acres, as generally depicted on a map enti25 tled ‘‘Dirty Devil Wilderness—Proposed’’ and dated
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1 llll, and which shall be known as the Dirty

2 Devil Wilderness.

3 (48) Certain lands within the Horseshoe Can4 yon South Wilderness Study Area comprised of ap5 proximately 11,392 acres, as generally depicted on a

6 map entitled ‘‘Horseshoe Canyon South Wilder7 ness—Proposed’’ and dated llll, and which

8 shall be known as the Horseshoe Canyon South Wil9 derness.

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

11 Canyon Wilderness Study Area comprised of ap12 proximately 12,343 acres, as generally depicted on a

13 map entitled ‘‘French Spring-Happy Canyon Wilder14 ness—Proposed’’ and dated llll, and which

15 shall be known as the French Spring-Happy Canyon

16 Wilderness.

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

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

19 the Interior (hereafter in this Act referred to as the ‘‘Sec20 retary’’) shall file a map and a legal description of each

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

22 Committee on Resources of the House of Representatives

23 and the Committee on Energy and Natural Resources of

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

25 same force and effect as if included in this Act, except
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1 that corrections of clerical and typographical errors in

2 each such map and legal description may be made. Each

3 such map and legal description shall be on file and avail4 able for public inspection in the office of the Director of

5 the Bureau of Land Management, and the office of the

6 State Director of the Bureau of Land Management in the

7 State of Utah, Department of the Interior.

8 SEC. 3. ADMINISTRATION OF WILDERNESS AREAS.

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

10 each area designated by this Act as wilderness shall be

11 administered by the Secretary in accordance with this Act,

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

13 603 of the Federal Land Policy and Management Act of

14 1976. Any lands or interest in lands within the boundaries

15 of an area designated as wilderness by this Act that is

16 acquired by the United States after the date of enactment

17 of this Act shall be added to and administered as part

18 of the wilderness area within which such lands or interests

19 in lands are located.

20 (b) MANAGEMENT PLANS.—The Secretary shall, as

21 soon as possible, prepare plans to manage the areas des22 ignated by this Act as wilderness.

23 (c) LIVESTOCK.—Grazing of livestock in areas des24 ignated as wilderness by this Act, where established prior

25 to the date of the enactment of this Act, shall—
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1 (1) continue and not be curtailed, phased out or

2 rendered economically infeasible due to wilderness

3 designation or management; and

4 (2) be administered in accordance with section

5 4(d)(4) of the Wilderness Act (16 U.S.C.

6 1133(d)(4)) and the guidelines set forth in House

7 Report 96–1126.

8 (d) STATE FISH AND WILDLIFE.—In accordance

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

10 1131(d)(7)), nothing in this Act shall be construed as af11 fecting the jurisdiction or responsibilities of the State of

12 Utah with respect to fish and wildlife management activi13 ties, including water development, predator control, trans14 planting animals, stocking fish, hunting, fishing and trap15 ping.

16 (e) PROHIBITION OF BUFFER ZONES.—The Con17 gress does not intend that designation of an area as wil18 derness by this Act lead to the creation of protective pe19 rimeters or buffer zones around the area. The fact that

20 nonwilderness activities or uses can be seen, heard, or

21 smelled from areas within a wilderness shall not preclude

22 such activities or uses up to the boundary of the wilder23 ness area.

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

25 known as ‘‘Oil Shale Reserve Number Two’’ within Deso-
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1 lation Canyon Wilderness (as designated by section

2 2(a)(1)), located in Carbon County, Utah, shall not be re3 served for oil shale purposes after the date of the enact4 ment of this Act and shall be under the sole jurisdiction

5 of and managed by the Bureau of Land Management.

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

7 Unless depicted otherwise on a map referred to by this

8 Act, where roads form the boundaries of the areas des9 ignated as wilderness by this Act, the wilderness boundary

10 shall be set back from the center line of the road as fol11 lows: 300 feet for high standard roads such as paved high12 ways; and 100 feet for roads equivalent to high standard

13 logging roads and dirt roads used for right-of-way mainte14 nance.

15 (h) CHERRY-STEMMED ROADS.—(1) Except as pro16 vided by paragraph (2), the Secretary may not close or

17 limit access to any road that is within (in whole or in

18 part), or that is a boundary (as described in subsection

19 (g)) of, an area designated as wilderness by this Act.

20 (2) If the Secretary determines that public safety re21 quires the closure to public use of any road subject to

22 paragraph (1), the Secretary may take such action as the

23 Secretary determines necessary or desirable to effect and

24 maintain such closure. Any such closure shall be limited

25 to the minimum period which the Secretary determines is
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1 necessary to carry out this paragraph. Before and during

2 any closure under this subsection, the Secretary shall take

3 appropriate steps to notify the public concerning such clo4 sures.

5 (3) Any road described in paragraph (1) that is main6 tained by an entity other than the United States may con7 tinue to be maintained and repaired by any such entity.

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

9 to water diversion, carriage, storage and ancillary facilities

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

11 are within areas designated as wilderness by this Act, in12 cluding motorized access where necessary or customarily

13 or historically employed on existing routes. The diversion,

14 carriage and storage capacity as of such date of such exist15 ing water facilities, and the condition of existing access

16 routes as of such date, may be operated, maintained, re17 paired, modified, and replaced as necessary to maintain

18 serviceable conditions.

19 (2) Reasonable access shall be allowed to any non20 Federal lands that may remain within the areas des21 ignated as wilderness by this Act and to valid existing

22 rights on Federal lands, including (but not limited to) ex23 isting water diversion, carriage, storage and ancillary fa24 cilities and livestock grazing improvements and structures.
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1 (3) Facilities, structures and related access routes ex2 isting as of the date of enactment of this Act in areas

3 designated as wilderness by this Act may be operated,

4 maintained, repaired, and replaced as necessary to main5 tain serviceable conditions.

6 (4) For the purposes of this subsection, reasonable

7 access includes motorized access where necessary and cus8 tomarily or historically employed on routes in existence as

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

10 to meet the reasonable purposes for development and use

11 of in-held lands or valid existing rights.

12 (j) LAND ACQUISITION BY EXCHANGE OR PUR13 CHASE.—The Secretary shall offer to acquire from non14 governmental entities lands and interests in lands located

15 within or adjacent to areas designated as wilderness by

16 this Act. Lands may be acquired under this subsection

17 only by exchange or purchase from willing sellers.

18 SEC. 4. WATER RIGHTS.

19 (a) NO FEDERAL RESERVATION.—Nothing in this

20 Act or any other Act of Congress shall constitute or be

21 construed to constitute either an express or implied Fed22 eral reservation of water or water rights for any purpose

23 arising from the designation of areas as wilderness by this

24 Act.
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1 (b) ACQUISITION AND EXERCISE OF WATER RIGHTS

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

3 exercise such water rights as it deems necessary to carry

4 out its responsibilities on any lands designated as wilder5 ness by this Act pursuant to the substantive and proce6 dural requirements of the State of Utah. Nothing in this

7 Act shall be construed to authorize the use of eminent do8 main by the United States to acquire water rights for such

9 lands. Within areas designated as wilderness by this Act,

10 all rights to water granted under the laws of the State

11 of Utah may be exercised in accordance with the sub12 stantive and procedural requirements of the State of Utah.

13 (c) EXERCISE OF WATER RIGHTS GENERALLY

14 UNDER UTAH LAWS.—Nothing in this Act shall be con15 strued to limit the exercise of water rights as provided

16 under Utah State laws.

17 (d) CERTAIN FACILITIES NOT AFFECTED.—Nothing

18 in this Act shall affect irrigation, pumping and trans19 mission facilities and municipal, agricultural, livestock, or

20 wildlife water facilities in existence within the boundaries

21 of areas designated as wilderness by this Act, nor shall

22 anything in this Act be construed to limit operation, main23 tenance, repair, modification, or replacement of such exist24 ing facilities, as provided in section 3(i).
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1 (e) WATER RESOURCE PROJECTS.—Nothing in this

2 Act shall be construed to limit or to be a consideration

3 in Federal approvals or denials for access to or use of the

4 Federal lands for development and operation of water re5 source projects, including (but not limited to) reservoir

6 projects, which are located outside and upstream of areas

7 designated as wilderness by this Act.

8 SEC. 5. CULTURAL AND PALEONTOLOGICAL RESOURCES.

9 The Secretary shall allow for the discovery of, shall

10 protect, and may interpret, cultural or paleontological re11 sources located within areas designated as wilderness by

12 this Act, including through mechanical means where nec13 essary notwithstanding section 4(c) of the Wilderness Act

14 (16 U.S.C. 1133(c)).

15 SEC. 6. NATIVE AMERICAN CULTURAL AND RELIGIOUS

16 USES.

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

18 designated as wilderness by this Act by Native Americans

19 for traditional cultural and religious purposes, the Sec20 retary shall assure nonexclusive access from time to time

21 to those sites by Native Americans for such purposes, in22 cluding (but not limited to) wood gathering for personal

23 use or collecting plants or herbs for religious or medicinal

24 purposes. Such access shall be consistent with the purpose

25 and intent of the Act of August 11, 1978 (42 U.S.C. 1996;
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1 commonly referred to as the ‘‘American Indian Religious

2 Freedom Act’’).

3 SEC. 7. MILITARY OVERFLIGHTS.

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

5 Nothing in this Act shall be construed to restrict or pre6 clude low-level overflights over the areas designated as wil7 derness by this Act, including military overflights that can

8 be seen or heard within such areas. Nothing in this Act

9 shall be construed to restrict or preclude the designation

10 of new units of special airspace or the establishment of

11 military flight training routes over such areas.

12 (b) COMMUNICATIONS OR TRACKING SYSTEMS.—

13 Nothing in this Act shall be construed to require the re14 moval of existing communication or electronic tracking

15 systems from areas designated as wilderness by this Act

16 or to prevent the installation of portable electronic commu17 nication or tracking systems in support of military flights

18 so long as installation, maintenance, and removal of such

19 systems does not require construction of temporary or per20 manent roads.

21 SEC. 8. AIR QUALITY.

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

23 that designation of wilderness areas in the State of Utah

24 by this Act lead to reclassification of any airshed to a more
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1 stringent Prevention of Significant Deterioration (PSD)

2 classification.

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

4 the wilderness areas established by this Act shall be the

5 prerogative of the State of Utah. All areas designated as

6 wilderness by this Act are and shall continue to be man7 aged as PSD Class II under the Clean Air Act unless they

8 are reclassified by the State of Utah in accordance with

9 the Clean Air Act.

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

11 shall be construed to restrict or preclude construction, op12 eration, or expansion of industrial facilities outside of the

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

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

15 Power Plant, the Intermountain Power Project, the Bo16 nanza Power Plant, the Continental Lime Plant, and the

17 Brush Wellman Plant. Such projects and facilities shall

18 be permitted according to appropriate laws and regula19 tions including (but not limited to) the Clean Air Act.

20 SEC. 9. DISCLAIMERS.

21 Nothing in this Act shall be construed to—

22 (1) prohibit the establishment and maintenance

23 of reservoirs, water-conservation works, transmission

24 lines, and other facilities needed in the public inter-
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1 est, including the road construction and maintenance

2 essential to development and use thereof in—

3 (A) Cougar Canyon Wilderness designated

4 by section 2(a)(44);

5 (B) Red Mountain Wilderness designated

6 by section 2(a)(45);

7 (C) Parunuweap Canyon Wilderness des8 ignated by section 2(a)(27); and

9 (D) Canaan Mountain Wilderness des10 ignated by section 2(a)(28);

11 (2) Nothing in this Act shall be construed to

12 prevent the maintenance, repair, or expansion of

13 communication sites and facilities or to require re14 moval of existing communication sites and facilities

15 in—

16 (A) Swasey Mountain Wilderness des17 ignated by section 2(a)(26);

18 (B) Fifty Mile Mountain Wilderness des19 ignated by section 2(a)(31);

20 (C) Mt. Ellen Wilderness designated by

21 section 2(a)(12); and

22 (D) Deep Creek Mountains Wilderness

23 designated by section 2(a)(42).

24 (3) prevent the construction of a pipeline for

25 transport of natural gas through the Right Hand of
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1 Tusher Canyon in and adjacent to the Desolation

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

3 (4) as establishing a precedent with regard to

4 any future wilderness designation, nor shall it con5 stitute an interpretation of any other Act or any wil6 derness designation made pursuant thereto; and

7 (5) to prevent the use of any mechanically pro8 pelled water craft on navigable streams that lie with9 in or adjacent to an area designated as wilderness

10 by this Act.

11 SEC. 10. WILDERNESS RELEASE.

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

13 all public lands in the State of Utah administered by the

14 Bureau of Land Management have been adequately stud15 ied for wilderness designation pursuant to sections 202

16 and 603 of the Federal Land Policy and Management Act

17 of 1976 (43 U.S.C. 1712 and 1782).

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

19 any public lands administered by the Bureau of Land

20 Management in the State of Utah not designated wilder21 ness by this Act shall not be subject to section 603(c) of

22 the Federal Land Policy and Management Act of 1976

23 (43 U.S.C. 1783(c)) but shall be managed for the full

24 range of nonwilderness multiple uses in accordance with

25 land management plans adopted pursuant to section 202
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1 of such Act (43 U.S.C. 1712). Such lands shall not be

2 managed for the purpose of protecting their suitability for

3 wilderness designation or their wilderness character and

4 shall remain available for nonwilderness multiple uses,

5 subject to the requirements of other Federal laws.

6 (c) CONTINUING WILDERNESS STUDY AREAS STA7 TUS.—The following wilderness study areas which are

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

9 shall continue to be subject to section 603(c) of the Fed10 eral Land Policy and Management Act of 1976 (43 U.S.C.

11 1782(c)):

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

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

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

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

16 030–265A.

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

18 SEC. 11. EXCHANGE RELATING TO SCHOOL AND INSTITU19 TIONAL TRUST LANDS.

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

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

22 institutional trust lands are located within or adja23 cent to areas designated as wilderness by this Act;

24 (2) such lands were originally granted to the

25 State of Utah for the purpose of generating support
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1 for the public schools through the development of

2 natural resources and other methods; and

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

4 such lands to be exchanged for interests in Federal

5 lands located outside of wilderness areas to accom6 plish this purpose; and

7 (4) the Federal lands described in subsection

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

9 school and institutional trust lands.

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

11 the date of the enactment of this Act and in accordance

12 with this section, the State of Utah offers to transfer all

13 its right, title, and interest in and to the school and insti14 tutional trust lands described in subsection (c)(1) to the

15 United States, the Secretary shall accept the offer and

16 transfer (within two years after the date of such accept17 ance) to the State of Utah in exchange for such lands all

18 right, title, and interest of the United States in and to

19 the Federal lands described in subsection (c)(2) and, if

20 necessary, lands identified pursuant to subsection (d). The

21 exchange of lands under this section shall be subject to

22 valid existing rights.

23 (c) STATE AND FEDERAL EXCHANGE LANDS DE24 SCRIBED.—
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1 (1) SCHOOL AND INSTITUTIONAL TRUST

2 LANDS.—The school and institutional trust lands re3 ferred to in this section are those lands generally de4 picted as ‘‘Utah School Lands’’ on the map entitled

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

6 and dated llll which—

7 (A) are located within or adjacent to areas

8 designated by this Act as wilderness; and

9 (B) were granted by the United States in

10 the Utah Enabling Act to the State of Utah in

11 trust and other lands which under State law

12 must be managed for the benefit of the public

13 school system or the institutions of the State

14 which are designated by the Utah Enabling Act.

15 (2) FEDERAL LANDS.—The Federal lands re16 ferred to in this section are the lands located in the

17 State of Utah which are generally depicted as ‘‘Fed18 eral Exchange Lands’’ on the map referred to in

19 paragraph (1).

20 (d) ADDITIONAL AVAILABLE FEDERAL LANDS TO

21 REMEDY IMBALANCES DUE TO ENCUMBRANCES.—

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

23 180 days after the date of the enactment of this Act,

24 the Secretary shall prepare a list of all encum25 brances of record (in the records of the Bureau of
29

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1 Land Management or otherwise known to the Bu2 reau of Land Management) of the Federal lands de3 scribed in subsection (c)(2) and transmit the list to

4 the State of Utah. Likewise, the State shall prepare

5 a list of all encumbrances of record or otherwise

6 known to the State to the State lands described in

7 subsection (c)(1) and transmit the list to the Sec8 retary.

9 (2) REMEDY.—In the event that the encum10 brances identified pursuant to paragraph (1) result

11 in an imbalance in the exchange under this section

12 such that the value of the lands transferred by the

13 State is greater than the value of the Federal lands

14 received, the Secretary shall transfer to the State

15 such additional Federal lands as may be necessary

16 to remedy the imbalance.

17 (e) DUTIES OF THE PARTIES AND OTHER PROVI18 SIONS RELATING TO THE EXCHANGE.—

19 (1) MAP AND LEGAL DESCRIPTION.—The State

20 of Utah and the Secretary shall each provide to the

21 other legal descriptions of the lands under their re22 spective jurisdictions which are to be exchanged

23 under this section. The map referred to in sub24 section (c)(1) and the legal descriptions provided

25 under this subsection shall be on file and available
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1 for public inspection in the office of the Director of

2 the Bureau of Land Management, and the office of

3 the State Director of the Bureau of Land Manage4 ment in the State of Utah, Department of the Inte5 rior.

6 (2) HAZARDOUS MATERIALS.—The Secretary

7 and, as a condition of the exchange under this sec8 tion, the State of Utah shall make available for re9 view and inspection all pertinent records relating to

10 hazardous materials (if any) on lands to be ex11 changed under this section. The responsibility for

12 costs of remedial action related to such materials

13 shall be borne by those entities responsible under ex14 isting law.

15 (3) PROVISIONS RELATING TO FEDERAL

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

17 be construed as satisfying the provisions of section

18 206(a) of the Federal Land Policy and Management

19 Act of 1976 requiring that exchanges of lands be in

20 the public interest.

21 (B) The transfer of lands and related activities

22 required of the Secretary under this section shall not

23 be subject to National Environmental Policy Act of

24 1969.
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1 (C) The value of Federal lands transferred to

2 the State under this section shall be adjusted to re3 flect the right of the State of Utah to share in reve4 nue from such Federal lands.

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

6 lands described in subsection (c)(2) are hereby with7 drawn from disposition under the public land laws

8 and from location, entry, and patent under the min9 ing laws of the United States, from the operation of

10 the mineral leasing laws of the United States, from

11 operation of the Geothermal Steam Act of 1970, and

12 from the operation of the Act of July 31, 1947, com13 monly known as the Materials Act of 1947 (30

14 U.S.C. 601 and following).

15 (f) ADMINISTRATION OF LANDS ACQUIRED BY THE

16 UNITED STATES.—The lands and interests in lands ac17 quired by the United States under this section shall be

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

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

20 or in section 2, as applicable.

21 SECTION 1. SHORT TITLE.

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

23 Management Act of 1995’’.
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1 SEC. 2. DESIGNATION OF WILDERNESS.

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

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

4 lands in the State of Utah are hereby designated as wilder5 ness and therefore as components of the National Wilderness

6 Preservation System:

7 (1) Certain lands in the Desolation Canyon Wil8 derness Study Area comprised of approximately

9 254,478 acres, as generally depicted on a map enti10 tled ‘‘Desolation Canyon Proposed Wilderness’’ and

11 dated October 3, 1995, and which shall be known as

12 the Desolation Canyon Wilderness.

13 (2) Certain lands in the San Rafael Reef Wilder14 ness Study Area comprised of approximately 47,786

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

16 Rafael Reef Proposed Wilderness’’ and dated Septem17 ber 18, 1995, and which shall be known as the San

18 Rafael Reef Wilderness.

19 (3) Certain lands in the Horseshoe Canyon Wil20 derness Study Area (North) comprised of approxi21 mately 24,966 acres, as generally depicted on a map

22 entitled ‘‘Horseshoe/Labyrinth Canyon Proposed Wil23 derness’’ and dated October 3, 1995, and which shall

24 be known as the Horseshoe/Labyrinth Canyon Wilder25 ness.
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1 (4) Certain lands in the Crack Canyon Wilder2 ness Study Area comprised of approximately 20,322

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

4 Canyon Proposed Wilderness’’ and dated September

5 18, 1995, and which shall be known as the Crack

6 Canyon Wilderness.

7 (5) Certain lands in the Muddy Creek Wilderness

8 Study Area comprised of approximately 37,244 acres,

9 as generally depicted on a map entitled ‘‘Muddy

10 Creek Proposed Wilderness’’ and dated September 18,

11 1995, and which shall be known as the Muddy Creek

12 Wilderness.

13 (6) Certain lands in the Sids Mountain Wilder14 ness Study Area comprised of approximately 41,154

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

16 Mountain Proposed Wilderness’’ and dated September

17 18, 1995, and which shall be known as the Sids

18 Mountain Wilderness.

19 (7) Certain lands in the Mexican Mountain Wil20 derness Study Area comprised of approximately

21 34,107 acres, as generally depicted on a map entitled

22 ‘‘Mexican Mountain Proposed Wilderness’’ and dated

23 September 18, 1995, and which shall be known as the

24 Mexican Mountain Wilderness.
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1 (8) Certain lands in the Phipps-Death Hollow

2 Wilderness Study Area comprised of approximately

3 42,437 acres, as generally depicted on a map entitled

4 ‘‘Phipps-Death Hollow Proposed Wilderness’’ and

5 dated October 3, 1995, and which shall be known as

6 the Phipps-Death Hollow Wilderness.

7 (9) Certain lands in the Steep Creek Wilderness

8 Study Area comprised of approximately 21,277 acres,

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

10 Proposed Wilderness’’ and dated September 18, 1995,

11 and which shall be known as the Steep Creek Wilder12 ness.

13 (10) Certain lands in the North Escalante Can14 yons/The Gulch Wilderness Study Area comprised of

15 approximately 103,324 acres, as generally depicted on

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

17 Proposed Wilderness’’ and dated October 3, 1995, and

18 which shall be known as the North Escalante Can19 yons/The Gulch Creek Wilderness.

20 (11) Certain lands in the Scorpion Wilderness

21 Study Area comprised of approximately 16,692 acres,

22 as generally depicted on a map entitled ‘‘Scorpion

23 Proposed Wilderness’’ and dated September 18, 1995,

24 and which shall be known as the Scorpion Wilderness.
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1 (12) Certain lands in the Mt. Ellen-Blue Hills

2 Wilderness Study Area comprised of approximately

3 62,663 acres, as generally depicted on a map entitled

4 ‘‘Mt. Ellen-Blue Hills Proposed Wilderness’’ and

5 dated September 18, 1995, and which shall be known

6 as the Mt. Ellen-Blue Hills Wilderness.

7 (13) Certain lands in the Bull Mountain Wilder8 ness Study Area comprised of approximately 11,424

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

10 Mountain Proposed Wilderness’’ and dated September

11 18, 1995, and which shall be known as the Bull

12 Mountain Wilderness.

13 (14) Certain lands in the Fiddler Butte Wilder14 ness Study Area comprised of approximately 22,180

15 acres, as generally depicted on a map entitled ‘‘Fid16 dler Butte Proposed Wilderness’’ and dated September

17 18, 1995, and which shall be known as the Fiddler

18 Butte Mountain Wilderness.

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

20 Study Area comprised of approximately 18,620 acres,

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

22 Proposed Wilderness’’ and dated September 18, 1995,

23 and which shall be known as the Mt. Pennell Wilder24 ness.
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1 (16) Certain lands in the Mt. Hillers Wilderness

2 Study Area comprised of approximately 14,746 acres,

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

4 Proposed Wilderness’’ and dated September 18, 1995,

5 and which shall be known as the Mt. Hillers Wilder6 ness.

7 (17) Certain lands in the Little Rockies Wilder8 ness Study Area comprised of approximately 48,928

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

10 Rockies Proposed Wilderness’’ and dated September

11 18, 1995, and which shall be known as the Little

12 Rockies Wilderness.

13 (18) Certain lands in the Mill Creek Canyon

14 Wilderness Study Area comprised of approximately

15 7,838 acres, as generally depicted on a map entitled

16 ‘‘Mill Creek Canyon Proposed Wilderness’’ and dated

17 September 18, 1995, and which shall be known as the

18 Mill Creek Canyon Wilderness.

19 (19) Certain lands in the Negro Bill Canyon

20 Wilderness Study Area comprised of approximately

21 7,432 acres, as generally depicted on a map entitled

22 ‘‘Negro Bill Canyon Proposed Wilderness’’ and dated

23 September 18, 1995, and which shall be known as the

24 Negro Bill Canyon Wilderness.
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1 (20) Certain lands in the Floy Canyon Wilder2 ness Study Area comprised of approximately 28,290

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

4 Canyon Proposed Wilderness’’ and dated October 3,

5 1995, and which shall be known as the Floy Canyon

6 Wilderness.

7 (21) Certain lands in the Coal Canyon Wilder8 ness Study Area and the Spruce Canyon Wilderness

9 Study Area comprised of approximately 56,760 acres,

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

11 Canyon Proposed Wilderness’’ and dated September

12 18, 1995, and which shall be known as the Coal/

13 Spruce Canyon Wilderness.

14 (22) Certain lands in the Flume Canyon Wilder15 ness Study Area comprised of approximately 37,506

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

17 Canyon Proposed Wilderness’’ and dated September

18 18, 1995, and which shall be known as the Flume

19 Canyon Wilderness.

20 (23) Certain lands in the Westwater Canyon

21 Wilderness Study Area comprised of approximately

22 25,383 acres, as generally depicted on a map entitled

23 ‘‘Westwater Canyon Proposed Wilderness’’ and dated

24 September 18, 1995, and which shall be known as the

25 Westwater Canyon Wilderness.
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1 (24) Certain lands in the Beaver Creek Wilder2 ness Study Area comprised of approximately 24,531

3 acres, as generally depicted on a map entitled ‘‘Bea4 ver Creek Proposed Wilderness’’ and dated October 3,

5 1995, and which shall be known as the Beaver Creek

6 Wilderness.

7 (25) Certain lands in the Fish Springs Wilder8 ness Study Area comprised of approximately 36,142

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

10 Springs Proposed Wilderness’’ and dated September

11 18, 1995, and which shall be known as the Fish

12 Springs Wilderness.

13 (26) Certain lands in the Swasey Mountain Wil14 derness Study Area comprised of approximately

15 34,803 acres, as generally depicted on a map entitled

16 ‘‘Swasey Mountain Proposed Wilderness’’ and dated

17 September 18, 1995, and which shall be known as the

18 Swasey Mountain Wilderness.

19 (27) Certain lands in the Parunuweap Canyon

20 Wilderness Study Area comprised of approximately

21 19,122 acres, as generally depicted on a map entitled

22 ‘‘Parunuweap Canyon Proposed Wilderness’’ and

23 dated October 3, 1995, and which shall be known as

24 the Parunuweap Wilderness.
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1 (28) Certain lands in the Canaan Mountain

2 Wilderness Study Area comprised of approximately

3 32,297 acres, as generally depicted on a map entitled

4 ‘‘Canaan Mountain Proposed Wilderness’’ and dated

5 September 18, 1995, and which shall be known as the

6 Canaan Mountain Wilderness.

7 (29) Certain lands in the Paria-Hackberry Wil8 derness Study Area comprised of approximately

9 57,641 acres, as generally depicted on a map entitled

10 ‘‘Paria-Hackberry Proposed Wilderness’’ and dated

11 September 18, 1995, and which shall be known as the

12 Paria-Hackberry Wilderness.

13 (30) Certain lands in the Escalante Canyon

14 Tract 5 Wilderness Study Area comprised of approxi15 mately 756 acres, as generally depicted on a map en16 titled ‘‘Escalante Canyon Tract 5 Proposed Wilder17 ness’’ and dated September 18, 1995, and which shall

18 be known as the Escalante Canyon Tract 5 Wilder19 ness.

20 (31) Certain lands in the Fifty Mile Mountain

21 Wilderness Study Area comprised of approximately

22 121,434 acres, as generally depicted on a map enti23 tled ‘‘Fifty Mile Mountain Proposed Wilderness’’ and

24 dated September 18, 1995, and which shall be known

25 as the Fifty Mile Mountain Wilderness.
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1 (32) Certain lands in the Howell Peak Wilder2 ness comprised of approximately 14,518 acres, as gen3 erally depicted on a map entitled ‘‘Howell Peak Pro4 posed Wilderness’’ and dated September 18, 1995, and

5 which shall be known as the Howell Peak Wilderness.

6 (33) Certain lands in the Notch Peak Wilderness

7 Study Area comprised of approximately 17,678 acres,

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

9 Proposed Wilderness’’ and dated September 18, 1995,

10 and which shall be known as the Notch Peak Wilder11 ness.

12 (34) Certain lands in the Wah Wah Mountains

13 Wilderness Study Area comprised of approximately

14 41,311 acres, as generally depicted on a map entitled

15 ‘‘Wah Wah Mountains Proposed Wilderness’’ and

16 dated September 18, 1995, and which shall be known

17 as the Wah Wah Wilderness.

18 (35) Certain lands in the Mancos Mesa Wilder19 ness Study Area comprised of approximately 48,269

20 acres, as generally depicted on a map entitled

21 ‘‘Mancos Mesa Proposed Wilderness’’ and dated Sep22 tember 18, 1995, and which shall be known as the

23 Mancos Mesa Wilderness.

24 (36) Certain lands in the Grand Gulch Wilder25 ness Study Area comprised of approximately 51,110
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1 acres, as generally depicted on a map entitled ‘‘Grand

2 Gulch Proposed Wilderness’’ and dated October 3,

3 1995, and which shall be known as the Grand Gulch

4 Wilderness.

5 (37) Certain lands in the Dark Canyon Wilder6 ness Study Area comprised of approximately 67,099

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

8 Canyon Proposed Wilderness’’ and dated September

9 18, 1995, and which shall be known as the Dark Can10 yon Wilderness.

11 (38) Certain lands in the Butler Wash Wilder12 ness Study Area comprised of approximately 24,888

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

14 Wash Proposed Wilderness’’ and dated September 18,

15 1995, and which shall be known as the Butler Wash

16 Wilderness.

17 (39) Certain lands in the Indian Creek Wilder18 ness Study Area comprised of approximately 6,769

19 acres, as generally depicted on a map entitled ‘‘In20 dian Creek Proposed Wilderness’’ and dated Septem21 ber 18, 1995, and which shall be known as the Indian

22 Creek Wilderness.

23 (40) Certain lands in the Behind the Rocks Wil24 derness Study Area comprised of approximately

25 13,728 acres, as generally depicted on a map entitled
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1 ‘‘Behind the Rocks Proposed Wilderness’’ and dated

2 September 18, 1995, and which shall be known as the

3 Behind the Rocks Wilderness.

4 (41) Certain lands in the Cedar Mountains Wil5 derness Study Area comprised of approximately

6 25,645 acres, as generally depicted on a map entitled

7 ‘‘Cedar Mountains Proposed Wilderness’’ and dated

8 October 3, 1995, and which shall be known as the

9 Cedar Mountains Wilderness.

10 (42) Certain lands in the Deep Creek Mountains

11 Wilderness Study Area comprised of approximately

12 71,024 acres, as generally depicted on a map entitled

13 ‘‘Deep Creek Mountains Proposed Wilderness’’ and

14 dated October 3, 1995, and which shall be known as

15 the Deep Creek Mountains Wilderness.

16 (43) Certain lands in the Nutters Hole Wilder17 ness Study Area comprised of approximately 3,647

18 acres, as generally depicted on a map entitled ‘‘Nut19 ters Hole Proposed Wilderness’’ and dated September

20 18, 1995, and which shall be known as the Nutters

21 Hole Wilderness.

22 (44) Certain lands in the Cougar Canyon Wil23 derness Study Area comprised of approximately 4,370

24 acres, including those lands located in the State of

25 Nevada, as generally depicted on a map entitled
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1 ‘‘Cougar Canyon Proposed Wilderness’’ and dated

2 September 18, 1995, and which shall be known as the

3 Cougar Canyon Wilderness.

4 (45) Certain lands in the Red Mountain Wilder5 ness Study Area comprised of approximately 9,216

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

7 Mountain Proposed Wilderness’’ and dated September

8 18, 1995, and which shall be known as the Red Moun9 tains Wilderness.

10 (46) Certain lands in the Deep Creek Wilderness

11 Study Area comprised of approximately 3,063 acres,

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

13 Proposed Wilderness’’ and dated September 18, 1995,

14 and which shall be known as the Deep Creek Wilder15 ness.

16 (47) Certain lands within the Dirty Devil Wil17 derness Study Area comprised of approximately

18 75,854 acres, as generally depicted on a map entitled

19 ‘‘Dirty Devil Proposed Wilderness’’ and dated Sep20 tember 18, 1995, and which shall be known as the

21 Dirty Devil Wilderness.

22 (48) Certain lands within the Horseshoe Canyon

23 South Wilderness Study Area comprised of approxi24 mately 11,392 acres, as generally depicted on a map

25 entitled ‘‘Horseshoe Canyon South Proposed Wilder-
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1 ness’’ and dated September 18, 1995, and which shall

2 be known as the Horseshoe Canyon South Wilderness.

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

4 Canyon Wilderness Study Area comprised of approxi5 mately 12,343 acres, as generally depicted on a map

6 entitled ‘‘French Spring-Happy Canyon Proposed

7 Wilderness’’ and dated September 18, 1995, and

8 which shall be known as the French Spring-Happy

9 Canyon Wilderness.

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

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

12 Interior (hereafter in this Act referred to as the ‘‘Sec13 retary’’) shall file a map and a legal description of each

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

15 Committee on Resources of the House of Representatives

16 and the Committee on Energy and Natural Resources of

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

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

19 corrections of clerical and typographical errors in each such

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

21 and legal description shall be on file and available for pub22 lic inspection in the office of the Director of the Bureau

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

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

25 Department of the Interior.
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1 SEC. 3. ADMINISTRATION OF WILDERNESS AREAS.

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

3 each area designated by this Act as wilderness shall be ad4 ministered by the Secretary in accordance with this Act,

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

6 603 of the Federal Land Policy and Management Act of

7 1976. Any valid existing rights recognized by this Act shall

8 be determined under applicable laws, including the land use

9 planning process under section 202 of the Federal Land

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

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

12 designated as wilderness by this Act that is acquired by

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

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

15 area within which such lands or interests in lands are lo16 cated.

17 (b) MANAGEMENT PLANS.—The Secretary shall, with18 in five years after the date of the enactment of this Act,

19 prepare plans to manage the areas designated by this Act

20 as wilderness.

21 (c) LIVESTOCK.—(1) Grazing of livestock in areas des22 ignated as wilderness by this Act, where established prior

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

24 (A) continue and not be curtailed or phased out

25 due to wilderness designation or management; and
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1 (B) be administered in accordance with section

2 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4))

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

4 (2) Wilderness shall not be used as a suitability cri5 teria for managing any grazing allotment that is subject

6 to paragraph (1).

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

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

9 1131(d)(7)), nothing in this Act shall be construed as affect10 ing the jurisdiction or responsibilities of the State of Utah

11 with respect to fish and wildlife management activities, in12 cluding water development for fish and wildlife purposes,

13 predator control, transplanting animals, stocking fish,

14 hunting, fishing and trapping.

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

16 does not intend that designation of an area as wilderness

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

18 buffer zones around the area. The fact that nonwilderness

19 activities or uses can be seen, heard, or smelled from areas

20 within a wilderness shall not preclude such activities or

21 uses up to the boundary of the wilderness area.

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

23 known as ‘‘Oil Shale Reserve Number Two’’ within Desola24 tion Canyon Wilderness (as designated by section 2(a)(1)),

25 located in Carbon County and Uintah County, Utah, shall
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1 not be reserved for oil shale purposes after the date of the

2 enactment of this Act and shall be under the sole jurisdic3 tion of and managed by the Bureau of Land Management.

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

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

6 where roads form the boundaries of the areas designated as

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

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

9 (1) 300 feet for high standard roads such as

10 paved highways.

11 (2) 100 feet for roads equivalent to high standard

12 logging roads.

13 (3) 30 feet for all unimproved roads not referred

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

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

16 may not close or limit access to any non-Federal road that

17 is bounded on one or both sides by an area designated as

18 wilderness by this Act, as generally depicted on a map re19 ferred to in section 2, without first obtaining written con20 sent from the State of Utah or the political subdivision

21 thereof with general jurisdiction over roads in the area.

22 (2) Any road described in paragraph (1) may continue

23 to be maintained and repaired by any such entity.

24 (i) ACCESS.—Reasonable access, including the use of

25 motorized equipment where necessary or customarily or his-
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1 torically employed, shall be allowed on routes within the

2 areas designated wilderness by this Act in existence as of

3 the date of enactment of this Act for the exercise of valid4 existing rights, including, but not limited to, access to exist5 ing water diversion, carriage, storage and ancillary facili6 ties and livestock grazing improvements and structures. Ex7 isting routes as of such date may be maintained and re8 paired as necessary to maintain their customary or historic

9 uses.

10 (j) LAND ACQUISITION BY EXCHANGE OR PUR11 CHASE.—The Secretary may offer to acquire from non12 governmental entities lands and interests in lands located

13 within or adjacent to areas designated as wilderness by this

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

15 exchange, donation, or purchase from willing sellers.

16 (k) MOTORBOATS.—As provided in section 4(d)(1) of

17 the Wilderness Act, within areas designated as wilderness

18 by this Act, the use of motorboats, where such use was estab19 lished as of the date of enactment of this Act, may be per20 mitted to continue subject to such restrictions as the Sec21 retary deems desirable.

22 (l) DISCLAIMER.—Nothing in this Act shall be con23 strued as establishing a precedent with regard to any future

24 wilderness designation, nor shall it constitute an interpre-
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1 tation of any other Act or any wilderness designation made

2 pursuant thereto.

3 SEC. 4. WATER RIGHTS.

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

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

6 to constitute either an express or implied Federal reserva7 tion of water or water rights for any purpose arising from

8 the designation of areas as wilderness by this Act.

9 (b) ACQUISITION AND EXERCISE OF WATER RIGHTS

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

11 exercise such water rights as it deems necessary to carry

12 out its responsibilities on any lands designated as wilder13 ness by this Act pursuant to the substantive and procedural

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

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

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

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

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

19 exercised in accordance with the substantive and procedural

20 requirements of the State of Utah.

21 (c) EXERCISE OF WATER RIGHTS GENERALLY UNDER

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

23 limit the exercise of water rights as provided under Utah

24 State laws.
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1 (d) CERTAIN FACILITIES NOT AFFECTED.—Nothing in

2 this Act shall affect the capacity, operation, maintenance,

3 repair, modification, or replacement of municipal, agricul4 tural, livestock, or wildlife water facilities in existence as

5 of the date of enactment of this Act within the boundaries

6 of areas designated as wilderness by this Act.

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

8 Act or the Wilderness Act shall be construed to limit or to

9 be a consideration in Federal approvals or denials for ac10 cess to or use of the Federal lands outside areas designated

11 wilderness by this Act for development and operation of

12 water resource projects, including (but not limited to) res13 ervoir projects. Nothing in this subsection shall create a

14 right of access through a wilderness area designated pursu15 ant to this Act for the purposes of such projects.

16 SEC. 5. CULTURAL, ARCHAEOLOGICAL, AND PALEONTOLOG17 ICAL RESOURCES.

18 The Secretary is responsible for the protection (includ19 ing through the use of mechanical means) and interpreta20 tion (including through the use of permanent improve21 ments) of cultural, archaeological, and paleontological re22 sources located within areas designated as wilderness by

23 this Act.
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1 SEC. 6. NATIVE AMERICAN CULTURAL AND RELIGIOUS

2 USES.

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

4 designated as wilderness by this Act by Native Americans

5 for traditional cultural and religious purposes, the Sec6 retary shall assure nonexclusive access from time to time

7 to those sites by Native Americans for such purposes, in8 cluding (but not limited to) wood gathering for personal

9 use or collecting plants or herbs for religious or medicinal

10 purposes. Such access shall be consistent with the purpose

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

12 commonly referred to as the ‘‘American Indian Religious

13 Freedom Act’’).

14 SEC. 7. MILITARY OVERFLIGHTS.

15 (a) OVERFLIGHTS NOT PRECLUDED.—Nothing in this

16 Act, the Wilderness Act, or other land management laws

17 generally applicable to the new areas of the Wilderness Pres18 ervation System (or any additions to existing areas) des19 ignated by this Act, shall restrict or preclude overflights of

20 military aircraft over such areas, including military

21 overflights that can be seen or heard within such units.

22 (b) SPECIAL USE AIRSPACE.—Nothing in this Act, the

23 Wilderness Act, or other land management laws generally

24 applicable to the new areas of the Wilderness Preservation

25 System (or any additions to existing areas) designated by

26 this Act, shall restrict or preclude the designation of new
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1 units of special use airspace or the use or establishment of

2 military flight training rules over such areas.

3 (c) COMMUNICATIONS OR TRACKING SYSTEMS.—Noth4 ing in this Act, the Wilderness Act, or other land manage5 ment laws generally applicable to new areas of the Wilder6 ness Preservation System (or any additions to existing

7 areas) designated by this Act shall be construed to require

8 the removal of existing communication or electronic track9 ing systems from areas designated as wilderness by this Act,

10 to prohibit the maintenance of existing communications or

11 electronic tracking systems within such new wilderness

12 areas, or to prevent the installation of portable electronic

13 communication or tracking systems in support of military

14 operations so long as installation, maintenance, and re15 moval of such systems does not require construction of tem16 porary or permanent roads.

17 SEC. 8. AIR QUALITY.

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

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

20 Act lead to reclassification of any airshed to a more strin21 gent Prevention of Significant Deterioration (PSD) classi22 fication.

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

24 the wilderness areas established by this Act shall be the pre25 rogative of the State of Utah. All areas designated as wil-
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1 derness by this Act are and shall continue to be managed

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

3 reclassified by the State of Utah in accordance with the

4 Clean Air Act.

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

6 shall be construed to restrict or preclude construction, oper7 ation, or expansion of industrial facilities outside of the

8 areas designated as wilderness by this Act, including the

9 Hunter Power Facilities, the Huntington Power Facilities,

10 the Intermountain Power Facilities, the Bonanza Power

11 Facilities, the Continental Lime Facilities, and the Brush

12 Wellman Facilities. The permitting and operation of such

13 projects and facilities shall be subject to applicable laws and

14 regulations.

15 SEC. 9. WILDERNESS RELEASE.

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

17 public lands in the State of Utah administered by the Bu18 reau of Land Management have been adequately studied for

19 wilderness designation pursuant to sections 202 and 603

20 of the Federal Land Policy and Management Act of 1976

21 (43 U.S.C. 1712 and 1782).

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

23 any public lands administered by the Bureau of Land Man24 agement in the State of Utah not designated wilderness by

25 this Act shall not be subject to section 603(c) of the Federal
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1 Land Policy and Management Act of 1976 (43 U.S.C.

2 1783(c)) but shall be managed for the full range of

3 nonwilderness multiple uses in accordance with land man4 agement plans adopted pursuant to section 202 of such Act

5 (43 U.S.C. 1712), including (but not limited to) Areas of

6 Critical Environmental Concern, Outstanding Natural

7 Areas, National Natural Landmarks, Research Natural

8 Areas, Primitive Areas, Visual Resource Management Class

9 I areas, and the full range of administrative management

10 designations provided under such Act. Such lands shall not

11 be managed for the purpose of protecting their suitability

12 for wilderness designation or their wilderness character and

13 shall remain available for nonwilderness multiple uses, sub14 ject to the requirements of other Federal laws.

15 (c) CONTINUING WILDERNESS STUDY AREAS STA16 TUS.—The following wilderness study areas which are

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

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

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

20 1782(c)):

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

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

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

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

25 030–265A.
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1 (4) Cross Canyon; UT–060–229/CO–030–265.

2 SEC. 10. EXCHANGE RELATING TO SCHOOL AND INSTITU3 TIONAL TRUST LANDS.

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

5 (1) approximately 209,000 acres of school and

6 institutional trust lands are located within or adja7 cent to areas designated as wilderness by this Act, in8 cluding 15,000 acres of mineral estate;

9 (2) such lands were originally granted to the

10 State of Utah for the purpose of generating support

11 for the public schools through the development of nat12 ural resources and other methods; and

13 (3) it is in the interest of the State of Utah and

14 the United States for such lands to be exchanged for

15 interests in Federal lands located outside of wilder16 ness areas to accomplish this purpose.

17 (b) EXCHANGE.—If, not later than seven years after

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

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

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

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

22 States, the Secretary shall accept the offer and, within 180

23 days after the date of such acceptance, in exchange for such

24 lands initiate transfers to the State of Utah of all right,

25 title, and interest of the United States in and to the Federal
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1 lands described in subsection (c)(2) and, (d). The exchange

2 of lands under this section shall be subject to valid existing

3 rights, including (but not limited to) the right of the State

4 of Utah to receive, and distribute pursuant to State law,

5 50 percent of the revenue, less a reasonable administrative

6 fee, from the production of minerals that are leased or

7 would have been subject to leasing pursuant to the Mineral

8 Leasing Act (30 U.S.C. 191 et seq.). All transfers of lands

9 under this section shall be completed within two years after

10 the date of such acceptance, but within such two-year pe11 riod, transfers of portions of such lands may be made.

12 (c) STATE AND FEDERAL EXCHANGE LANDS DE13 SCRIBED.—

14 (1) SCHOOL AND INSTITUTIONAL TRUST

15 LANDS.—The school and institutional trust lands re16 ferred to in this section are those lands generally de17 picted as ‘‘Surface and Mineral Offering’’ on the map

18 entitled ‘‘Proposed Land Exchange Utah (H.R.

19 1745)’’ and dated November 9, 1995, which—

20 (A) are located within or adjacent to areas

21 designated by this Act as wilderness; and

22 (B) were granted by the United States in

23 the Utah Enabling Act to the State of Utah in

24 trust and other lands which under State law

25 must be managed for the benefit of the public
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1 school system or the institutions of the State

2 which are designated by the Utah Enabling Act.

3 (2) FEDERAL LANDS.—The Federal lands re4 ferred to in this section are the lands located in the

5 State of Utah which are generally depicted as ‘‘Fed6 eral Exchange Lands’’ on the map referred to in

7 paragraph (1).

8 (d)(1) LAND EXCHANGES FOR EQUAL VALUE.—The

9 lands exchanged pursuant to this section shall be of approx10 imate equal value, as determined by nationally recognized

11 appraisal standards. If the values are not approximately

12 equal, the Secretary and the State of Utah shall either agree

13 to modify the lands to be exchanged, or shall provide for

14 a cash equalization payment, to equalize the values. Any

15 cash equalization payment shall not exceed 25 percent of

16 the value of the lands to be conveyed. If the Secretary and

17 the State of Utah agree to modify the lands to be exchanged,

18 the State shall determine the lands to be acquired from the

19 Federal Government from the lands listed in subsection

20 (c)(2), and indicate its choice to the Secretary. The Sec21 retary shall accept the State’s determination.

22 (2)(i) DEADLINE AND DISPUTE RESOLUTION.—If after

23 two years from the date of enactment of this Act, the Sec24 retary and the State of Utah have not agreed upon the final

25 terms of some or all of the exchanges authorized by this sec-
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1 tion, including the values of the lands involved, notwith2 standing any other provisions of law, the United States

3 District Court for the District of Utah, Central Division,

4 shall have jurisdiction to hear, determine, and render judg5 ment on the value of any and all lands, or interests therein,

6 involved in the exchange.

7 (ii) No action provided for in this subsection may be

8 filed with the court sooner than two years and later than

9 six years after the date of enactment of this Act. Any deci10 sions of a district court under this section may be appealed

11 in accordance with applicable laws and rules.

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.
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1 (2) HAZARDOUS MATERIALS.—The Secretary

2 and the State of Utah shall inspect all pertinent

3 records and shall conduct a physical inspection of the

4 lands to be exchanged pursuant to this Act for the

5 presence of any hazardous materials as presently de6 fined by applicable law. The results of those inspec7 tions shall be made available to the parties. The re8 sponsibility for costs of remedial action related to

9 such materials shall be borne by those entities respon10 sible under existing law.

11 (3) PROVISIONS RELATING TO FEDERAL

12 LANDS.—(A) The enactment of this Act shall be con13 strued as satisfying the provisions of section 206(a) of

14 the Federal Land Policy and Management Act of

15 1976 requiring that exchanges of lands be in the pub16 lic interest.

17 (B) The transfer of lands and related activities

18 required of the Secretary under this section shall not

19 be subject to National Environmental Policy Act of

20 1969.

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

22 State under this section shall be adjusted to reflect the

23 right of the State of Utah under Federal law to share

24 the revenues from such Federal lands, and the convey25 ances under this section to the State of Utah shall be
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1 subject to such revenue sharing obligations as a valid

2 existing right.

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

4 lands described in subsection (c)(2) are hereby with5 drawn from disposition under the public land laws

6 and from location, entry, and patent under the min7 ing laws of the United States, from the operation of

8 the mineral leasing laws of the United States, from

9 operation of the Geothermal Steam Act of 1970, and

10 from the operation of the Act of July 31, 1947, com11 monly known as the Materials Act of 1947 (30 U.S.C.

12 601 and following).

13 (4) PROCEEDS FROM LEASE AND PRODUCTION OF

14 MINERALS AND SALES AND HARVESTS OF TIMBER.—

15 (A) COLLECTION AND DISTRIBUTION.—The

16 State of Utah, in connection with the manage17 ment of the school and institutional trust lands

18 described in subsections (c)(2) and (d), shall

19 upon conveyance of such lands, collect and dis20 tribute all proceeds from the lease and produc21 tion of minerals and the sale and harvest of tim22 ber on such lands as required by law until the

23 State, as trustee, no longer owns the estate from

24 which the proceeds are produced.
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1 (B) DISPUTES.—A dispute concerning the

2 collection and distribution of proceeds under sub3 paragraph (A) shall be resolved in accordance

4 with State law.

5 (f) ADMINISTRATION OF LANDS ACQUIRED BY THE

6 UNITED STATES.—The lands and interests in lands ac7 quired by the United States under this section shall be

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

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

10 or in section 2, as applicable.

11 SEC. 11. LAND APPRAISAL.

12 Lands and interests in lands acquired pursuant to this

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

14 species listed as threatened or endangered pursuant to the

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

16 SEC. 12. SAND HOLLOW LAND EXCHANGE.

17 (a) DEFINITIONS.—As used in this section:

18 (1) DISTRICT.—The term ‘‘District’’ means the

19 Water Conservancy District of Washington, County,

20 Utah.

21 (2) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of the Interior.

23 (3) BULLOCH SITE.—The term ‘‘Bulloch Site’’

24 means the lands located in Kane County, Utah, adja25 cent to Zion National Park, comprised of approxi-
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1 mately 1,380 acres, as generally depicted on a map

2 entitled ‘‘Washington County Water Conservancy Dis3 trict Exchange Proposal’’ and dated July 24, 1995.

4 (4) SAND HOLLOW SITE.—The term ‘‘Sand Hol5 low Site’’ means the lands located in Washington

6 County, Utah, comprised of approximately 3,000

7 acres, as generally depicted on a map entitled ‘‘Wash8 ington County Water Conservancy District Exchange

9 Proposal’’ and dated July 24, 1995.

10 (5) QUAIL CREEK PIPELINE.—The term ‘‘Quail

11 Creek Pipeline’’ means the lands located in Washing12 ton County, Utah, comprised of approximately 40

13 acres, as generally depicted on a map entitled ‘‘Wash14 ington County Water Conservancy District Exchange

15 Proposal’’ and dated July 24, 1995.

16 (6) QUAIL CREEK RESERVOIR.—The term ‘‘Quail

17 Creek Reservoir’’ means the lands located in Washing18 ton County, Utah, comprised of approximately 480.5

19 acres, as generally depicted on a map entitled ‘‘Wash20 ington County Water Conservancy District Exchange

21 Proposal’’ and dated July 24, 1995.

22 (7) SMITH PROPERTY.—The term ‘‘Smith Prop23 erty’’ means the lands located in Washington County,

24 Utah, comprised of approximately 1,550 acres, as

25 generally depicted on a map entitled ‘‘Washington
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1 County Water Conservancy District Exchange Pro2 posal’’ and dated July 24, 1995.

3 (b) EXCHANGE.—

4 (1) IN GENERAL.—Subject to the provisions of

5 this Act, if within 18 months after the date of the

6 enactment of this Act, the Water Conservancy District

7 of Washington County, Utah, offers to transfer to the

8 United States all right, title, and interest of the Dis9 trict in and to the Bulloch Site, the Secretary of the

10 Interior shall, in exchange, transfer to the District all

11 right, title, and interest of the United States in and

12 to the Sand Hollow Site, the Quail Creek Pipeline

13 and Quail Creek Reservoir, subject to valid existing

14 rights.

15 (2) WATER RIGHTS ASSOCIATED WITH THE

16 BULLOCH SITE.—The water rights associated with the

17 Bulloch Site shall not be included in the transfer

18 under paragraph (1) but shall be subject to an agree19 ment between the District and the Secretary that the

20 water remain in the Virgin River as an instream

21 flow from the Bulloch Site through Zion National

22 Park to the diversion point of the District at the

23 Quail Creek Reservoir.

24 (3) WITHDRAWAL OF MINERAL INTERESTS.—

25 Subject to valid existing rights, the mineral interests
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1 underlying the Sand Hollow Site, the Quail Creek

2 Reservoir, and the Quail Creek Pipeline are hereby

3 withdrawn from disposition under the public land

4 laws and from location, entry, and patent under the

5 mining laws of the United States, from the operation

6 of the mineral leasing laws of the United States, from

7 the operation of the Geothermal Steam Act of 1970,

8 and from the operation of the Act of July 31, 1947,

9 commonly known as the ‘‘Materials Act of 1947’’ (30

10 U.S.C. 601 et seq.).

11 (4) GRAZING.—The exchange of lands under

12 paragraph (1) shall be subject to agreement by the

13 District to continue to permit the grazing of domestic

14 livestock on the Sand Hollow Site under the terms

15 and conditions of existing Federal grazing leases or

16 permits, except that the District, upon terminating

17 any such lease or permit, shall fully compensate the

18 holder of the terminated lease or permit.

19 (c) EQUALIZATION OF VALUES.—The value of the

20 lands transferred out of Federal ownership under subsection

21 (b) either shall be equal to the value of the lands received

22 by the Secretary under subsection (c) or, if not, shall be

23 equalized by—

24 (1) to the extent possible, transfer of all right,

25 title, and interest of the District in and to lands in
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1 Washington County, Utah, and water rights of the

2 District associated thereto, which are within the area

3 providing habitat for the desert tortoise, as deter4 mined by the Director of the Bureau of Land Man5 agement;

6 (2) transfer of all right, title, and interest of the

7 District in and to lands in the Smith Site and water

8 rights of the District associated thereto; and

9 (3) the payment of money to the Secretary, to the

10 extent that lands and rights transferred under para11 graphs (1) and (2) are not sufficient to equalize the

12 values of the lands exchanged under subsection (b).

13 (d) MANAGEMENT OF LANDS ACQUIRED BY UNITED

14 STATES.—Lands acquired by the Secretary under this sec15 tion shall be administered by the Secretary, acting through

16 the Director of the Bureau of Land Management, in accord17 ance with the provisions of law generally applicable to the

18 public lands, including the Federal Land Policy and Man19 agement Act of 1976 (43 U.S.C. 1701 et seq.).

20 (e) NATIONAL ENVIRONMENTAL POLICY ACT OF

21 1969.—The exchange of lands under this section is not sub22 ject to section 102 of the National Environmental Policy

23 Act of 1969 (42 U.S.C. 4332).

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