II

104TH CONGRESS

1ST SESSION S. 884

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

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 wilder-
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1 ness and therefore as components of the National Wilder2 ness Preservation System:

3 (1) Certain lands in the Desolation Canyon Wil4 derness Study Area comprised of approximately

5 254,478 acres, as generally depicted on a map enti6 tled ‘‘Desolation Canyon Wilderness—Proposed’’

7 and dated llll, and which shall be known as

8 the Desolation Canyon Wilderness.

9 (2) Certain lands in the San Rafael Reef Wil10 derness Study Area comprised of approximately

11 47,786 acres, as generally depicted on a map enti12 tled ‘‘San Rafael Reef Wilderness—Proposed’’ and

13 dated llll, and which shall be known as the

14 San Rafael Reef Wilderness.

15 (3) Certain lands in the Horseshoe Canyon Wil16 derness Study Area (North) comprised of approxi17 mately 22,943 acres, as generally depicted on a map

18 entitled ‘‘Horseshoe/Labyrinth Canyon Wilderness—

19 Proposed’’ and dated llll, and which shall be

20 known as the Horseshoe/Labyrinth Canyon Wilder21 ness.

22 (4) Certain lands in the Crack Canyon Wilder23 ness Study Area comprised of approximately 20,322

24 acres, as generally depicted on a map entitled

25 ‘‘Crack Canyon Wilderness—Proposed’’ and dated
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1 llll, and which shall be known as the Crack

2 Canyon Wilderness.

3 (5) Certain lands in the Muddy Creek Wilder4 ness Study Area comprised of approximately 37,244

5 acres, as generally depicted on a map entitled

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

7 llll, and which shall be known as the Muddy

8 Creek Wilderness.

9 (6) Certain lands in the Sids Mountain Wilder10 ness Study Area comprised of approximately 41,154

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

12 Mountain Wilderness—Proposed’’ and dated

13 llll, and which shall be known as the Sids

14 Mountain Wilderness.

15 (7) Certain lands in the Mexican Mountain Wil16 derness Study Area comprised of approximately

17 34,107 acres, as generally depicted on a map enti18 tled ‘‘Mexican Mountain Wilderness—Proposed’’ and

19 dated llll, and which shall be known as the

20 Mexican Mountain Wilderness.

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

22 Wilderness Study Area comprised of approximately

23 42,437 acres, as generally depicted on a map enti24 tled ‘‘Phipps-Death Hollow Wilderness—Proposed’’
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1 and dated llll, and which shall be known as

2 the Phipps-Death Hollow Wilderness.

3 (9) Certain lands in the Steep Creek Wilderness

4 Study Area comprised of approximately 21,277

5 acres, as generally depicted on a map entitled

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

7 llll, and which shall be known as the Steep

8 Creek Wilderness.

9 (10) Certain lands in the North Escalante Can10 yons/The Gulch Wilderness Study Area comprised of

11 approximately 103,324 acres, as generally depicted

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

13 Gulch Wilderness—Proposed’’ and dated llll,

14 and which shall be known as the North Escalante

15 Canyons/The Gulch Creek Wilderness.

16 (11) Certain lands in the Scorpion Wilderness

17 Study Area comprised of approximately 16,692

18 acres, as generally depicted on a map entitled ‘‘Scor19 pion Wilderness—Proposed’’ and dated llll,

20 and which shall be known as the Scorpion Wilder21 ness.

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

23 Wilderness Study Area comprised of approximately

24 62,663 acres, as generally depicted on a map enti25 tled ‘‘Mt. Ellen-Blue Hills Wilderness—Proposed’’
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1 and dated llll, and which shall be known as

2 the Mt. Ellen-Blue Hills Wilderness.

3 (13) Certain lands in the Bull Mountain Wil4 derness Study Area comprised of approximately

5 11,424 acres, as generally depicted on a map enti6 tled ‘‘Bull Mountain Wilderness—Proposed’’ and

7 dated llll, and which shall be known as the

8 Bull Mountain Wilderness.

9 (14) Certain lands in the Fiddler Butte Wilder10 ness Study Area comprised of approximately 22,180

11 acres, as generally depicted on a map entitled ‘‘Fid12 dler Butte Wilderness—Proposed’’ and dated

13 llll, and which shall be known as the Fiddler

14 Butte Mountain Wilderness.

15 (15) Certain lands in the Mt. Pennell Wilder16 ness Study Area comprised of approximately 18,620

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

18 Pennell Wilderness—Proposed’’ and dated

19 llll, and which shall be known as the Mt.

20 Pennell Wilderness.

21 (16) Certain lands in the Mt. Hillers Wilder22 ness Study Area comprised of approximately 14,746

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

24 Hillers Wilderness—Proposed’’ and dated llll,
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1 and which shall be known as the Mt. Hillers Wilder2 ness.

3 (17) Certain lands in the Little Rockies Wilder4 ness Study Area comprised of approximately 48,928

5 acres, as generally depicted on a map entitled ‘‘Lit6 tle Rockies Wilderness—Proposed’’ and dated

7 llll, and which shall be known as the Little

8 Rockies Wilderness.

9 (18) Certain lands in the Mill Creek Canyon

10 Wilderness Study Area comprised of approximately

11 7,838 acres, as generally depicted on a map entitled

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

13 dated llll, and which shall be known as the

14 Mill Creek Canyon Wilderness.

15 (19) Certain lands in the Negro Bill Canyon

16 Wilderness Study Area comprised of approximately

17 7,432 acres, as generally depicted on a map entitled

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

19 dated llll, and which shall be known as the

20 Negro Bill Canyon Wilderness.

21 (20) Certain lands in the Floy Canyon Wilder22 ness Study Area comprised of approximately 28,290

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

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

2 Canyon Wilderness.

3 (21) Certain lands in the Coal Canyon Wilder4 ness Study Area and the Spruce Canyon Wilderness

5 Study Area comprised of approximately 46,669

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

7 Spruce Canyon Wilderness—Proposed’’ and dated

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

9 Spruce Canyon Wilderness.

10 (22) Certain lands in the Flume Canyon Wil11 derness Study Area comprised of approximately

12 31,568 acres, as generally depicted on a map enti13 tled ‘‘Flume Canyon Wilderness—Proposed’’ and

14 dated llll, and which shall be known as the

15 Flume Canyon Wilderness.

16 (23) Certain lands in the Westwater Canyon

17 Wilderness Study Area comprised of approximately

18 25,383 acres, as generally depicted on a map enti19 tled ‘‘Westwater Canyon Wilderness—Proposed’’

20 and dated llll, and which shall be known as

21 the Westwater Canyon Wilderness.

22 (24) Certain lands in the Beaver Creek Wilder23 ness Study Area comprised of approximately 24,531

24 acres, as generally depicted on a map entitled ‘‘Bea25 ver Creek Wilderness—Proposed’’ and dated
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1 llll, and which shall be known as the Beaver

2 Creek Wilderness.

3 (25) Certain lands in the Fish Springs Wilder4 ness Study Area comprised of approximately 36,142

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

6 Springs Wilderness—Proposed’’ and dated

7 llll, and which shall be known as the Fish

8 Springs Wilderness.

9 (26) Certain lands in the Swasey Mountain Wil10 derness Study Area comprised of approximately

11 34,803 acres, as generally depicted on a map enti12 tled ‘‘Swasey Mountain Wilderness—Proposed’’ and

13 dated llll, and which shall be known as the

14 Swasey Mountain Wilderness.

15 (27) Certain lands in the Parunuweap Canyon

16 Wilderness Study Area comprised of approximately

17 19,122 acres, as generally depicted on a map enti18 tled ‘‘Parunuweap Canyon Wilderness—Proposed’’

19 and dated llll, and which shall be known as

20 the Parunuweap Wilderness.

21 (28) Certain lands in the Canaan Mountain

22 Wilderness Study Area comprised of approximately

23 30,864 acres, as generally depicted on a map enti24 tled ‘‘Canaan Mountain Wilderness—Proposed’’ and
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1 dated llll, and which shall be known as the

2 Canaan Mountain Wilderness.

3 (29) Certain lands in the Paria-Hackberry Wil4 derness Study Area comprised of approximately

5 57,641 acres, as generally depicted on a map enti6 tled ‘‘Paria-Hackberry Wilderness—Proposed’’ and

7 dated llll, and which shall be known as the

8 Paria-Hackberry Wilderness.

9 (30) Certain lands in the Escalante Canyon

10 Tract 5 Wilderness Study Area comprised of ap11 proximately 756 acres, as generally depicted on a

12 map entitled ‘‘Escalante Canyon Tract 5 Wilder13 ness—Proposed’’ and dated llll, and which

14 shall be known as the Escalante Canyon Tract 5

15 Wilderness.

16 (31) Certain lands in the Fifty Mile Mountain

17 Wilderness Study Area comprised of approximately

18 121,434 acres, as generally depicted on a map enti19 tled ‘‘Fifty Mile Mountain Wilderness—Proposed’’

20 and dated llll, and which shall be known as

21 the Fifty Mile Mountain Wilderness.

22 (32) Certain lands in the Howell Peak Wilder23 ness comprised of approximately 14,518 acres, as

24 generally depicted on a map entitled ‘‘Howell Peak

25 Wilderness—Proposed’’ and dated llll, and
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1 which shall be known as the Howell Peak Wilder2 ness.

3 (33) Certain lands in the Notch Peak Wilder4 ness Study Area comprised of approximately 28,778

5 acres, as generally depicted on a map entitled

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

7 llll, and which shall be known as the Notch

8 Peak Wilderness.

9 (34) Certain lands in the Wah Wah Mountains

10 Wilderness Study Area comprised of approximately

11 41,311 acres, as generally depicted on a map enti12 tled ‘‘Wah Wah Mountains Wilderness—Proposed’’

13 and dated llll, and which shall be known as

14 the Wah Wah Wilderness.

15 (35) Certain lands in the Mancos Mesa Wilder16 ness Study Area comprised of approximately 48,269

17 acres, as generally depicted on a map entitled

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

19 llll, and which shall be known as the Mancos

20 Mesa Wilderness.

21 (36) Certain lands in the Grand Gulch Wilder22 ness Study Area comprised of approximately 51,110

23 acres, as generally depicted on a map entitled

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

2 Gulch Wilderness.

3 (37) Certain lands in the Dark Canyon Wilder4 ness Study Area comprised of approximately 67,099

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

6 Canyon Wilderness—Proposed’’ and dated

7 llll, and which shall be known as the Dark

8 Canyon Wilderness.

9 (38) Certain lands in the Butler Wash Wilder10 ness Study Area comprised of approximately 25,400

11 acres, as generally depicted on a map entitled ‘‘But12 ler Wash Wilderness—Proposed’’ and dated

13 llll, and which shall be known as the Butler

14 Wash Wilderness.

15 (39) Certain lands in the Indian Creek Wilder16 ness Study Area comprised of approximately 6,769

17 acres, as generally depicted on a map entitled ‘‘In18 dian Creek Wilderness—Proposed’’ and dated

19 llll, and which shall be known as the Indian

20 Creek Wilderness.

21 (40) Certain lands in the Behind the Rocks

22 Wilderness Study Area comprised of approximately

23 13,728 acres, as generally depicted on a map enti24 tled ‘‘Behind the Rocks Wilderness—Proposed’’ and
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1 dated llll, and which shall be known as the

2 Behind the Rocks Wilderness.

3 (41) Certain lands in the Cedar Mountains Wil4 derness Study Area comprised of approximately

5 25,645 acres, as generally depicted on a map enti6 tled ‘‘Cedar Mountains Wilderness—Proposed’’ and

7 dated llll, and which shall be known as the

8 Cedar Mountains Wilderness.

9 (42) Certain lands in the Deep Creek Moun10 tains Wilderness Study Area comprised of approxi11 mately 71,024 acres, as generally depicted on a map

12 entitled ‘‘Deep Creek Mountains Wilderness—Pro13 posed’’ and dated llll, and which shall be

14 known as the Deep Creek Mountains Wilderness.

15 (43) Certain lands in the Nutters Hole Wilder16 ness Study Area comprised of approximately 3,647

17 acres, as generally depicted on a map entitled ‘‘Nut18 ters Hole Wilderness—Proposed’’ and dated

19 llll, and which shall be known as the Nutters

20 Hole Wilderness.

21 (44) Certain lands in the Cougar Canyon Wil22 derness Study Area comprised of approximately

23 6,408 acres, including those lands located in the

24 State of Nevada, as generally depicted on a map en25 titled ‘‘Cougar Canyon Wilderness—Proposed’’ and
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1 dated llll, and which shall be known as the

2 Cougar Canyon Wilderness.

3 (45) Certain lands in the Red Mountain Wilder4 ness Study Area comprised of approximately 9,216

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

6 Mountain Wilderness—Proposed’’ and dated

7 llll, and which shall be known as the Red

8 Mountains Wilderness.

9 (46) Certain lands in the Deep Creek Wilder10 ness Study Area comprised of approximately 3,063

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

12 Creek Wilderness—Proposed’’ and dated llll,

13 and which shall be known as the Deep Creek Wilder14 ness.

15 (47) Certain lands within the Dirty Devil Wil16 derness Study Area comprised of approximately

17 75,854 acres, as generally depicted on a map enti18 tled ‘‘Dirty Devil Wilderness—Proposed’’ and dated

19 llll, and which shall be known as the Dirty

20 Devil Wilderness.

21 (48) Certain lands within the Horseshoe Can22 yon South Wilderness Study Area comprised of ap23 proximately 11,392 acres, as generally depicted on a

24 map entitled ‘‘Horseshoe Canyon South Wilder25 ness—Proposed’’ and dated llll, and which
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1 shall be known as the Horseshoe Canyon South Wil2 derness.

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

4 Canyon Wilderness Study Area comprised of ap5 proximately 12,343 acres, as generally depicted on a

6 map entitled ‘‘French Spring-Happy Canyon Wilder7 ness—Proposed’’ and dated llll, and which

8 shall be known as the French Spring-Happy Canyon

9 Wilderness.

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

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

12 the 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

19 that corrections of clerical and typographical errors in

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

21 such map and legal description shall be on file and avail22 able for public inspection in the office of the Director of

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

24 State Director of the Bureau of Land Management in the

25 State of Utah, 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

4 administered 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 lands or interest in lands within the boundaries

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

9 acquired by the United States after the date of enactment

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

11 of the wilderness area within which such lands or interests

12 in lands are located.

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

14 soon as possible, prepare plans to manage the areas des15 ignated by this Act as wilderness.

16 (c) LIVESTOCK.—Grazing of livestock in areas des17 ignated as wilderness by this Act, where established prior

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

19 (1) continue and not be curtailed, phased out or

20 rendered economically infeasible due to wilderness

21 designation or management; and

22 (2) be administered in accordance with section

23 4(d)(4) of the Wilderness Act (16 U.S.C.

24 1133(d)(4)) and the guidelines set forth in House

25 Report 96–1126.
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1 (d) STATE FISH AND WILDLIFE.—In accordance

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

3 1131(d)(7)), nothing in this Act shall be construed as af4 fecting the jurisdiction or responsibilities of the State of

5 Utah with respect to fish and wildlife management activi6 ties, including water development, predator control, trans7 planting animals, stocking fish, hunting, fishing and trap8 ping.

9 (e) PROHIBITION OF BUFFER ZONES.—The Con10 gress does not intend that designation of an area as wil11 derness by this Act lead to the creation of protective pe12 rimeters or buffer zones around the area. The fact that

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

14 smelled from areas within a wilderness shall not preclude

15 such activities or uses up to the boundary of the wilder16 ness area.

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

18 known as ‘‘Oil Shale Reserve Number Two’’ within Deso19 lation Canyon Wilderness (as designated by section

20 2(a)(1)), located in Carbon County, Utah, shall not be re21 served for oil shale purposes after the date of the enact22 ment of this Act and shall be under the sole jurisdiction

23 of and managed by the Bureau of Land Management.

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

25 Unless depicted otherwise on a map referred to by this
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1 Act, where roads form the boundaries of the areas des2 ignated as wilderness by this Act, the wilderness boundary

3 shall be set back from the center line of the road as fol4 lows: 300 feet for high standard roads such as paved high5 ways; and 100 feet for roads equivalent to high standard

6 logging roads and dirt roads used for right-of-way mainte7 nance.

8 (h) CHERRY-STEMMED ROADS.—(1) Except as pro9 vided by paragraph (2), the Secretary may not close or

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

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

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

13 (2) If the Secretary determines that public safety re14 quires the closure to public use of any road subject to

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

16 Secretary determines necessary or desirable to effect and

17 maintain such closure. Any such closure shall be limited

18 to the minimum period which the Secretary determines is

19 necessary to carry out this paragraph. Before and during

20 any closure under this subsection, the Secretary shall take

21 appropriate steps to notify the public concerning such clo22 sures.

23 (3) Any road described in paragraph (1) that is main24 tained by an entity other than the United States may con25 tinue to be maintained and repaired by any such entity.
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1 (i) ACCESS.—(1) Reasonable access shall be allowed

2 to water diversion, carriage, storage and ancillary facilities

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

4 are within areas designated as wilderness by this Act, in5 cluding motorized access where necessary or customarily

6 or historically employed on existing routes. The diversion,

7 carriage and storage capacity as of such date of such exist8 ing water facilities, and the condition of existing access

9 routes as of such date, may be operated, maintained, re10 paired, modified, and replaced as necessary to maintain

11 serviceable conditions.

12 (2) Reasonable access shall be allowed to any non13 Federal lands that may remain within the areas des14 ignated as wilderness by this Act and to valid existing

15 rights on Federal lands, including (but not limited to) ex16 isting water diversion, carriage, storage and ancillary fa17 cilities and livestock grazing improvements and structures.

18 (3) Facilities, structures and related access routes ex19 isting as of the date of enactment of this Act in areas

20 designated as wilderness by this Act may be operated,

21 maintained, repaired, and replaced as necessary to main22 tain serviceable conditions.

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

24 access includes motorized access where necessary and cus25 tomarily or historically employed on routes in existence as
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1 of the date of enactment of this Act and where necessary

2 to meet the reasonable purposes for development and use

3 of in-held lands or valid existing rights.

4 (j) LAND ACQUISITION BY EXCHANGE OR PUR5 CHASE.—The Secretary shall offer to acquire from non6 governmental entities lands and interests in lands located

7 within or adjacent to areas designated as wilderness by

8 this Act. Lands may be acquired under this subsection

9 only by exchange or purchase from willing sellers.

10 SEC. 4. WATER RIGHTS.

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

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

13 construed to constitute either an express or implied Fed14 eral reservation of water or water rights for any purpose

15 arising from the designation of areas as wilderness by this

16 Act.

17 (b) ACQUISITION AND EXERCISE OF WATER RIGHTS

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

19 exercise such water rights as it deems necessary to carry

20 out its responsibilities on any lands designated as wilder21 ness by this Act pursuant to the substantive and proce22 dural requirements of the State of Utah. Nothing in this

23 Act shall be construed to authorize the use of eminent do24 main by the United States to acquire water rights for such

25 lands. Within areas designated as wilderness by this Act,
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1 all rights to water granted under the laws of the State

2 of Utah may be exercised in accordance with the sub3 stantive and procedural requirements of the State of Utah.

4 (c) EXERCISE OF WATER RIGHTS GENERALLY

5 UNDER UTAH LAWS.—Nothing in this Act shall be con6 strued to limit the exercise of water rights as provided

7 under Utah State laws.

8 (d) CERTAIN FACILITIES NOT AFFECTED.—Nothing

9 in this Act shall affect irrigation, pumping and trans10 mission facilities and municipal, agricultural, livestock, or

11 wildlife water facilities in existence within the boundaries

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

13 anything in this Act be construed to limit operation, main14 tenance, repair, modification, or replacement of such exist15 ing facilities, as provided in section 3(i).

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

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

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

19 Federal lands for development and operation of water re20 source projects, including (but not limited to) reservoir

21 projects, which are located outside and upstream of areas

22 designated as wilderness by this Act.

23 SEC. 5. CULTURAL AND PALEONTOLOGICAL RESOURCES.

24 The Secretary shall allow for the discovery of, shall

25 protect, and may interpret, cultural or paleontological re-
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1 sources located within areas designated as wilderness by

2 this Act, including through mechanical means where nec3 essary notwithstanding section 4(c) of the Wilderness Act

4 (16 U.S.C. 1133(c)).

5 SEC. 6. NATIVE AMERICAN CULTURAL AND RELIGIOUS

6 USES.

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

8 designated as wilderness by this Act by Native Americans

9 for traditional cultural and religious purposes, the Sec10 retary shall assure nonexclusive access from time to time

11 to those sites by Native Americans for such purposes, in12 cluding (but not limited to) wood gathering for personal

13 use or collecting plants or herbs for religious or medicinal

14 purposes. Such access shall be consistent with the purpose

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

16 commonly referred to as the ‘‘American Indian Religious

17 Freedom Act’’).

18 SEC. 7. MILITARY OVERFLIGHTS.

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

20 Nothing in this Act shall be construed to restrict or pre21 clude low-level overflights over the areas designated as wil22 derness by this Act, including military overflights that can

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

24 shall be construed to restrict or preclude the designation
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1 of new units of special airspace or the establishment of

2 military flight training routes over such areas.

3 (b) COMMUNICATIONS OR TRACKING SYSTEMS.—

4 Nothing in this Act shall be construed to require the re5 moval of existing communication or electronic tracking

6 systems from areas designated as wilderness by this Act

7 or to prevent the installation of portable electronic commu8 nication or tracking systems in support of military flights

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

10 systems does not require construction of temporary or per11 manent roads.

12 SEC. 8. AIR QUALITY.

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

14 that designation of wilderness areas in the State of Utah

15 by this Act lead to reclassification of any airshed to a more

16 stringent Prevention of Significant Deterioration (PSD)

17 classification.

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

19 the wilderness areas established by this Act shall be the

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

21 wilderness by this Act are and shall continue to be man22 aged as PSD Class II under the Clean Air Act unless they

23 are reclassified by the State of Utah in accordance with

24 the Clean Air Act.
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1 (c) INDUSTRIAL FACILITIES.—Nothing in this Act

2 shall be construed to restrict or preclude construction, op3 eration, or expansion of industrial facilities outside of the

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

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

6 Power Plant, the Intermountain Power Project, the Bo7 nanza Power Plant, the Continental Lime Plant, and the

8 Brush Wellman Plant. Such projects and facilities shall

9 be permitted according to appropriate laws and regula10 tions including (but not limited to) the Clean Air Act.

11 SEC. 9. DISCLAIMERS.

12 Nothing in this Act shall be construed to—

13 (1) prohibit the establishment and maintenance

14 of reservoirs, water-conservation works, transmission

15 lines, and other facilities needed in the public inter16 est, including the road construction and maintenance

17 essential to development and use thereof in—

18 (A) Cougar Canyon Wilderness designated

19 by section 2(a)(44);

20 (B) Red Mountain Wilderness designated

21 by section 2(a)(45);

22 (C) Parunuweap Canyon Wilderness des23 ignated by section 2(a)(27); and

24 (D) Canaan Mountain Wilderness des25 ignated by section 2(a)(28);
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1 (2) Nothing in this Act shall be construed to

2 prevent the maintenance, repair, or expansion of

3 communication sites and facilities or to require re4 moval of existing communication sites and facilities

5 in—

6 (A) Swasey Mountain Wilderness des7 ignated by section 2(a)(26);

8 (B) Fifty Mile Mountain Wilderness des9 ignated by section 2(a)(31);

10 (C) Mt. Ellen Wilderness designated by

11 section 2(a)(12); and

12 (D) Deep Creek Mountains Wilderness

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

14 (3) prevent the construction of a pipeline for

15 transport of natural gas through the Right Hand of

16 Tusher Canyon in and adjacent to the Desolation

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

18 (4) as establishing a precedent with regard to

19 any future wilderness designation, nor shall it con20 stitute an interpretation of any other Act or any wil21 derness designation made pursuant thereto; and

22 (5) to prevent the use of any mechanically pro23 pelled water craft on navigable streams that lie with24 in or adjacent to an area designated as wilderness

25 by this Act.
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1 SEC. 10. WILDERNESS RELEASE.

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

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

4 Bureau of Land Management have been adequately stud5 ied for wilderness designation pursuant to sections 202

6 and 603 of the Federal Land Policy and Management Act

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

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

9 any public lands administered by the Bureau of Land

10 Management in the State of Utah not designated wilder11 ness by this Act shall not be subject to section 603(c) of

12 the Federal Land Policy and Management Act of 1976

13 (43 U.S.C. 1783(c)) but shall be managed for the full

14 range of nonwilderness multiple uses in accordance with

15 land management plans adopted pursuant to section 202

16 of such Act (43 U.S.C. 1712). Such lands shall not be

17 managed for the purpose of protecting their suitability for

18 wilderness designation or their wilderness character and

19 shall remain available for nonwilderness multiple uses,

20 subject to the requirements of other Federal laws.

21 (c) CONTINUING WILDERNESS STUDY AREAS STA22 TUS.—The following wilderness study areas which are

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

24 shall continue to be subject to section 603(c) of the Fed25 eral Land Policy and Management Act of 1976 (43 U.S.C.

26 1782(c)):
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1 (1) Bull Canyon; UT–080–419/CO–010–001.

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

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

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

5 030–265A.

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

7 SEC. 11. EXCHANGE RELATING TO SCHOOL AND INSTITU8 TIONAL TRUST LANDS.

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

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

11 institutional trust lands are located within or adja12 cent to areas designated as wilderness by this Act;

13 (2) such lands were originally granted to the

14 State of Utah for the purpose of generating support

15 for the public schools through the development of

16 natural resources and other methods;

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

18 such lands to be exchanged for interests in Federal

19 lands located outside of wilderness areas to accom20 plish this purpose; and

21 (4) the Federal lands described in subsection

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

23 school and institutional trust lands.

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

25 the date of the enactment of this Act and in accordance
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1 with this section, the State of Utah offers to transfer all

2 its right, title, and interest in and to the school and insti3 tutional trust lands described in subsection (c)(1) to the

4 United States, the Secretary shall accept the offer and

5 transfer (within two years after the date of such accept6 ance) to the State of Utah in exchange for such lands all

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

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

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

10 exchange of lands under this section shall be subject to

11 valid existing rights.

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 ‘‘Utah School Lands’’ on the map entitled

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

19 and dated llll 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) ADDITIONAL AVAILABLE FEDERAL LANDS TO

9 REMEDY IMBALANCES DUE TO ENCUMBRANCES.—

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

11 180 days after the date of the enactment of this Act,

12 the Secretary shall prepare a list of all encum13 brances of record (in the records of the Bureau of

14 Land Management or otherwise known to the Bu15 reau of Land Management) of the Federal lands de16 scribed in subsection (c)(2) and transmit the list to

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

18 a list of all encumbrances of record or otherwise

19 known to the State to the State lands described in

20 subsection (c)(1) and transmit the list to the Sec21 retary.

22 (2) REMEDY.—In the event that the encum23 brances identified pursuant to paragraph (1) result

24 in an imbalance in the exchange under this section

25 such that the value of the lands transferred by the
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1 State is greater than the value of the Federal lands

2 received, the Secretary shall transfer to the State

3 such additional Federal lands as may be necessary

4 to remedy the imbalance.

5 (e) DUTIES OF THE PARTIES AND OTHER PROVI6 SIONS RELATING TO THE EXCHANGE.—

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

8 of Utah and the Secretary shall each provide to the

9 other legal descriptions of the lands under their re10 spective jurisdictions which are to be exchanged

11 under this section. The map referred to in sub12 section (c)(1) and the legal descriptions provided

13 under this subsection shall be on file and available

14 for public inspection in the office of the Director of

15 the Bureau of Land Management, and the office of

16 the State Director of the Bureau of Land Manage17 ment in the State of Utah, Department of the Inte18 rior.

19 (2) HAZARDOUS MATERIALS.—The Secretary

20 and, as a condition of the exchange under this sec21 tion, the State of Utah shall make available for re22 view and inspection all pertinent records relating to

23 hazardous materials (if any) on lands to be ex24 changed under this section. The responsibility for

25 costs of remedial action related to such materials
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1 shall be borne by those entities responsible under ex2 isting law.

3 (3) PROVISIONS RELATING TO FEDERAL

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

5 be construed as satisfying the provisions of section

6 206(a) of the Federal Land Policy and Management

7 Act of 1976 requiring that exchanges of lands be in

8 the public interest.

9 (B) The transfer of lands and related activities

10 required of the Secretary under this section shall not

11 be subject to National Environmental Policy Act of

12 1969.

13 (C) The value of Federal lands transferred to

14 the State under this section shall be adjusted to re15 flect the right of the State of Utah to share in reve16 nue from such Federal lands.

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

18 lands described in subsection (c)(2) are hereby with19 drawn from disposition under the public land laws

20 and from location, entry, and patent under the min21 ing laws of the United States, from the operation of

22 the mineral leasing laws of the United States, from

23 operation of the Geothermal Steam Act of 1970, and

24 from the operation of the Act of July 31, 1947, com-
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1 monly known as the Materials Act of 1947 (30

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

3 (f) ADMINISTRATION OF LANDS ACQUIRED BY THE

4 UNITED STATES.—The lands and interests in lands ac5 quired by the United States under this section shall be

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

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

8 or in section 2, as applicable.

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