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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 884 Introduced in Senate (IS)]

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

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Utah Public Lands Management Act of 
1995''.

SEC. 2. DESIGNATION OF WILDERNESS.

    (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the following lands in the State of Utah 
are hereby designated as wilderness and therefore as components of the 
National Wilderness Preservation System:
            (1) Certain lands in the Desolation Canyon Wilderness Study 
        Area comprised of approximately 254,478 acres, as generally 
        depicted on a map entitled ``Desolation Canyon Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Desolation Canyon Wilderness.
            (2) Certain lands in the San Rafael Reef Wilderness Study 
        Area comprised of approximately 47,786 acres, as generally 
        depicted on a map entitled ``San Rafael Reef Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        San Rafael Reef Wilderness.
            (3) Certain lands in the Horseshoe Canyon Wilderness Study 
        Area (North) comprised of approximately 22,943 acres, as 
        generally depicted on a map entitled ``Horseshoe/Labyrinth 
        Canyon Wilderness--Proposed'' and dated ________, and which 
        shall be known as the Horseshoe/Labyrinth Canyon Wilderness.
            (4) Certain lands in the Crack Canyon Wilderness Study Area 
        comprised of approximately 20,322 acres, as generally depicted 
        on a map entitled ``Crack Canyon Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Crack Canyon 
        Wilderness.
            (5) Certain lands in the Muddy Creek Wilderness Study Area 
        comprised of approximately 37,244 acres, as generally depicted 
        on a map entitled ``Muddy Creek Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Muddy Creek 
        Wilderness.
            (6) Certain lands in the Sids Mountain Wilderness Study 
        Area comprised of approximately 41,154 acres, as generally 
        depicted on a map entitled ``Sids Mountain Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Sids Mountain Wilderness.
            (7) Certain lands in the Mexican Mountain Wilderness Study 
        Area comprised of approximately 34,107 acres, as generally 
        depicted on a map entitled ``Mexican Mountain Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Mexican Mountain Wilderness.
            (8) Certain lands in the Phipps-Death Hollow Wilderness 
        Study Area comprised of approximately 42,437 acres, as 
        generally depicted on a map entitled ``Phipps-Death Hollow 
        Wilderness--Proposed'' and dated ________, and which shall be 
        known as the Phipps-Death Hollow Wilderness.
            (9) Certain lands in the Steep Creek Wilderness Study Area 
        comprised of approximately 21,277 acres, as generally depicted 
        on a map entitled ``Steep Creek Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Steep Creek 
        Wilderness.
            (10) Certain lands in the North Escalante Canyons/The Gulch 
        Wilderness Study Area comprised of approximately 103,324 acres, 
        as generally depicted on a map entitled ``North Escalante 
        Canyons/The Gulch Wilderness--Proposed'' and dated ________, 
        and which shall be known as the North Escalante Canyons/The 
        Gulch Creek Wilderness.
            (11) Certain lands in the Scorpion Wilderness Study Area 
        comprised of approximately 16,692 acres, as generally depicted 
        on a map entitled ``Scorpion Wilderness--Proposed'' and dated 
        ________, and which shall be known as the Scorpion Wilderness.
            (12) Certain lands in the Mt. Ellen-Blue Hills Wilderness 
        Study Area comprised of approximately 62,663 acres, as 
        generally depicted on a map entitled ``Mt. Ellen-Blue Hills 
        Wilderness--Proposed'' and dated ________, and which shall be 
        known as the Mt. Ellen-Blue Hills Wilderness.
            (13) Certain lands in the Bull Mountain Wilderness Study 
        Area comprised of approximately 11,424 acres, as generally 
        depicted on a map entitled ``Bull Mountain Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Bull Mountain Wilderness.
            (14) Certain lands in the Fiddler Butte Wilderness Study 
        Area comprised of approximately 22,180 acres, as generally 
        depicted on a map entitled ``Fiddler Butte Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Fiddler Butte Mountain Wilderness.
            (15) Certain lands in the Mt. Pennell Wilderness Study Area 
        comprised of approximately 18,620 acres, as generally depicted 
        on a map entitled ``Mt. Pennell Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Mt. Pennell 
        Wilderness.
            (16) Certain lands in the Mt. Hillers Wilderness Study Area 
        comprised of approximately 14,746 acres, as generally depicted 
        on a map entitled ``Mt. Hillers Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Mt. Hillers 
        Wilderness.
            (17) Certain lands in the Little Rockies Wilderness Study 
        Area comprised of approximately 48,928 acres, as generally 
        depicted on a map entitled ``Little Rockies Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Little Rockies Wilderness.
            (18) Certain lands in the Mill Creek Canyon Wilderness 
        Study Area comprised of approximately 7,838 acres, as generally 
        depicted on a map entitled ``Mill Creek Canyon Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Mill Creek Canyon Wilderness.
            (19) Certain lands in the Negro Bill Canyon Wilderness 
        Study Area comprised of approximately 7,432 acres, as generally 
        depicted on a map entitled ``Negro Bill Canyon Wilderness--
        Proposed'' and
         dated ________, and which shall be known as the Negro Bill 
Canyon Wilderness.
            (20) Certain lands in the Floy Canyon Wilderness Study Area 
        comprised of approximately 28,290 acres, as generally depicted 
        on a map entitled ``Floy Canyon Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Floy Canyon 
        Wilderness.
            (21) Certain lands in the Coal Canyon Wilderness Study Area 
        and the Spruce Canyon Wilderness Study Area comprised of 
        approximately 46,669 acres, as generally depicted on a map 
        entitled ``Coal/Spruce Canyon Wilderness--Proposed'' and dated 
        ________, and which shall be known as the Coal/Spruce Canyon 
        Wilderness.
            (22) Certain lands in the Flume Canyon Wilderness Study 
        Area comprised of approximately 31,568 acres, as generally 
        depicted on a map entitled ``Flume Canyon Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Flume Canyon Wilderness.
            (23) Certain lands in the Westwater Canyon Wilderness Study 
        Area comprised of approximately 25,383 acres, as generally 
        depicted on a map entitled ``Westwater Canyon Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Westwater Canyon Wilderness.
            (24) Certain lands in the Beaver Creek Wilderness Study 
        Area comprised of approximately 24,531 acres, as generally 
        depicted on a map entitled ``Beaver Creek Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Beaver Creek Wilderness.
            (25) Certain lands in the Fish Springs Wilderness Study 
        Area comprised of approximately 36,142 acres, as generally 
        depicted on a map entitled ``Fish Springs Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Fish Springs Wilderness.
            (26) Certain lands in the Swasey Mountain Wilderness Study 
        Area comprised of approximately 34,803 acres, as generally 
        depicted on a map entitled ``Swasey Mountain Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Swasey Mountain Wilderness.
            (27) Certain lands in the Parunuweap Canyon Wilderness 
        Study Area comprised of approximately 19,122 acres, as 
        generally depicted on a map entitled ``Parunuweap Canyon 
        Wilderness--Proposed'' and dated ________, and which shall be 
        known as the Parunuweap Wilderness.
            (28) Certain lands in the Canaan Mountain Wilderness Study 
        Area comprised of approximately 30,864 acres, as generally 
        depicted on a map entitled ``Canaan Mountain Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Canaan Mountain Wilderness.
            (29) Certain lands in the Paria-Hackberry Wilderness Study 
        Area comprised of approximately 57,641 acres, as generally 
        depicted on a map entitled ``Paria-Hackberry Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Paria-Hackberry Wilderness.
            (30) Certain lands in the Escalante Canyon Tract 5 
        Wilderness Study Area comprised of approximately 756 acres, as 
        generally depicted on a map entitled ``Escalante Canyon Tract 5 
        Wilderness--Proposed'' and dated ________, and which shall be 
        known as the Escalante Canyon Tract 5 Wilderness.
            (31) Certain lands in the Fifty Mile Mountain Wilderness 
        Study Area comprised of approximately 121,434 acres, as 
        generally depicted on a map entitled ``Fifty Mile Mountain 
        Wilderness--Proposed'' and dated ________, and which shall be 
        known as the Fifty Mile Mountain Wilderness.
            (32) Certain lands in the Howell Peak Wilderness comprised 
        of approximately 14,518 acres, as generally depicted on a map 
        entitled ``Howell Peak Wilderness--Proposed'' and dated 
        ________, and which shall be known as the Howell Peak 
        Wilderness.
            (33) Certain lands in the Notch Peak Wilderness Study Area 
        comprised of approximately 28,778 acres, as generally depicted 
        on a map entitled ``Notch Peak Wilderness--Proposed'' and dated 
        ________, and which shall be known as the Notch Peak 
        Wilderness.
            (34) Certain lands in the Wah Wah Mountains Wilderness 
        Study Area comprised of approximately 41,311 acres, as 
        generally depicted on a map entitled ``Wah Wah Mountains 
        Wilderness--Proposed'' and dated ________, and which shall be 
        known as the Wah Wah Wilderness.
            (35) Certain lands in the Mancos Mesa Wilderness Study Area 
        comprised of approximately 48,269 acres, as generally depicted 
        on a map entitled ``Mancos Mesa Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Mancos Mesa 
        Wilderness.
            (36) Certain lands in the Grand Gulch Wilderness Study Area 
        comprised of approximately 51,110 acres, as generally depicted 
        on a map entitled ``Grand Gulch Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Grand Gulch 
        Wilderness.
            (37) Certain lands in the Dark Canyon Wilderness Study Area 
        comprised of approximately 67,099 acres, as generally depicted 
        on a map entitled ``Dark Canyon Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Dark Canyon 
        Wilderness.
            (38) Certain lands in the Butler Wash Wilderness Study Area 
        comprised of approximately 25,400 acres, as generally depicted 
        on a map entitled ``Butler Wash Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Butler Wash 
        Wilderness.
            (39) Certain lands in the Indian Creek Wilderness Study 
        Area comprised of approximately 6,769 acres, as generally 
        depicted on a map entitled ``Indian Creek Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Indian Creek Wilderness.
            (40) Certain lands in the Behind the Rocks Wilderness Study 
        Area comprised of approximately 13,728 acres, as generally 
        depicted on a map entitled ``Behind the Rocks Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Behind the Rocks Wilderness.
            (41) Certain lands in the Cedar Mountains Wilderness Study 
        Area comprised of approximately 25,645 acres, as generally 
        depicted on a map entitled ``Cedar Mountains Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Cedar Mountains Wilderness.
            (42) Certain lands in the Deep Creek Mountains Wilderness 
        Study Area comprised of approximately 71,024 acres, as 
        generally depicted on a map entitled ``Deep Creek Mountains 
        Wilderness--Proposed'' and dated ________, and which shall be 
        known as the Deep Creek Mountains Wilderness.
            (43) Certain lands in the Nutters Hole Wilderness Study 
        Area comprised of approximately 3,647 acres, as generally 
        depicted on a map entitled ``Nutters Hole Wilderness--
        Proposed'' and dated
         ________, and which shall be known as the Nutters Hole 
Wilderness.
            (44) Certain lands in the Cougar Canyon Wilderness Study 
        Area comprised of approximately 6,408 acres, including those 
        lands located in the State of Nevada, as generally depicted on 
        a map entitled ``Cougar Canyon Wilderness--Proposed'' and dated 
        ________, and which shall be known as the Cougar Canyon 
        Wilderness.
            (45) Certain lands in the Red Mountain Wilderness Study 
        Area comprised of approximately 9,216 acres, as generally 
        depicted on a map entitled ``Red Mountain Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Red Mountains Wilderness.
            (46) Certain lands in the Deep Creek Wilderness Study Area 
        comprised of approximately 3,063 acres, as generally depicted 
        on a map entitled ``Deep Creek Wilderness--Proposed'' and dated 
        ________, and which shall be known as the Deep Creek 
        Wilderness.
            (47) Certain lands within the Dirty Devil Wilderness Study 
        Area comprised of approximately 75,854 acres, as generally 
        depicted on a map entitled ``Dirty Devil Wilderness--Proposed'' 
        and dated ________, and which shall be known as the Dirty Devil 
        Wilderness.
            (48) Certain lands within the Horseshoe Canyon South 
        Wilderness Study Area comprised of approximately 11,392 acres, 
        as generally depicted on a map entitled ``Horseshoe Canyon 
        South Wilderness--Proposed'' and dated ________, and which 
        shall be known as the Horseshoe Canyon South Wilderness.
            (49) Certain lands in the French Spring-Happy Canyon 
        Wilderness Study Area comprised of approximately 12,343 acres, 
        as generally depicted on a map entitled ``French Spring-Happy 
        Canyon Wilderness--Proposed'' and dated ________, and which 
        shall be known as the French Spring-Happy Canyon Wilderness.
    (b) Map and Description.--As soon as practicable after the date of 
enactment of this Act, the Secretary of the Interior (hereafter in this 
Act referred to as the ``Secretary'') shall file a map and a legal 
description of each area designated as wilderness by subsection (a) 
with the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate. Each such map 
and description shall have the same force and effect as if included in 
this Act, except that corrections of clerical and typographical errors 
in each such map and legal description may be made. Each such map and 
legal description shall be on file and available for public inspection 
in the office of the Director of the Bureau of Land Management, and the 
office of the State Director of the Bureau of Land Management in the 
State of Utah, Department of the Interior.

SEC. 3. ADMINISTRATION OF WILDERNESS AREAS.

    (a) In General.--Subject to valid existing rights, each area 
designated by this Act as wilderness shall be administered by the 
Secretary in accordance with this Act, the Wilderness Act (16 U.S.C. 
1131 et seq.), and section 603 of the Federal Land Policy and 
Management Act of 1976. Any lands or interest in lands within the 
boundaries of an area designated as wilderness by this Act that is 
acquired by the United States after the date of enactment of this Act 
shall be added to and administered as part of the wilderness area 
within which such lands or interests in lands are located.
    (b) Management Plans.--The Secretary shall, as soon as possible, 
prepare plans to manage the areas designated by this Act as wilderness.
    (c) Livestock.--Grazing of livestock in areas designated as 
wilderness by this Act, where established prior to the date of the 
enactment of this Act, shall--
            (1) continue and not be curtailed, phased out or rendered 
        economically infeasible due to wilderness designation or 
        management; and
            (2) be administered in accordance with section 4(d)(4) of 
        the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines 
        set forth in House Report 96-1126.
    (d) State Fish and Wildlife.--In accordance with section 4(d)(7) of 
the Wilderness Act (16 U.S.C. 1131(d)(7)), nothing in this Act shall be 
construed as affecting the jurisdiction or responsibilities of the 
State of Utah with respect to fish and wildlife management activities, 
including water development, predator control, transplanting animals, 
stocking fish, hunting, fishing and trapping.
    (e) Prohibition of Buffer Zones.--The Congress does not intend that 
designation of an area as wilderness by this Act lead to the creation 
of protective perimeters or buffer zones around the area. The fact that 
nonwilderness activities or uses can be seen, heard, or smelled from 
areas within a wilderness shall not preclude such activities or uses up 
to the boundary of the wilderness area.
    (f) Oil Shale Reserve Number Two.--The area known as ``Oil Shale 
Reserve Number Two'' within Desolation Canyon Wilderness (as designated 
by section 2(a)(1)), located in Carbon County, Utah, shall not be 
reserved for oil shale purposes after the date of the enactment of this 
Act and shall be under the sole jurisdiction of and managed by the 
Bureau of Land Management.
    (g) Roads and Rights-of-Way as Boundaries.--Unless depicted 
otherwise on a map referred to by this Act, where roads form the 
boundaries of the areas designated as wilderness by this Act, the 
wilderness boundary shall be set back from the center line of the road 
as follows: 300 feet for high standard roads such as paved highways; 
and 100 feet for roads equivalent to high standard logging roads and 
dirt roads used for right-of-way maintenance.
    (h) Cherry-Stemmed Roads.--(1) Except as provided by paragraph (2), 
the Secretary may not close or limit access to any road that is within 
(in whole or in part), or that is a boundary (as described in 
subsection (g)) of, an area designated as wilderness by this Act.
    (2) If the Secretary determines that public safety requires the 
closure to public use of any road subject to paragraph (1), the 
Secretary may take such action as the Secretary determines necessary or 
desirable to effect and maintain such closure. Any such closure shall 
be limited to the minimum period which the Secretary determines is 
necessary to carry out this paragraph. Before and during any closure 
under this subsection, the Secretary shall take appropriate steps to 
notify the public concerning such closures.
    (3) Any road described in paragraph (1) that is maintained by an 
entity other than the United States may continue to be maintained and 
repaired by any such entity.
    (i) Access.--(1) Reasonable access shall be allowed to water 
diversion, carriage, storage and ancillary facilities in existence as 
of the date of enactment of this Act which are within areas designated 
as wilderness by this Act, including motorized access where necessary 
or customarily or historically employed on existing routes. The 
diversion, carriage and storage capacity as of such date of such 
existing water facilities, and the condition of existing access routes 
as of such date, may be operated, maintained, repaired, modified, and 
replaced as necessary to maintain serviceable conditions.
    (2) Reasonable access shall be allowed to any non-Federal lands 
that may remain within the areas designated as wilderness by this Act 
and to valid existing rights on Federal lands, including (but not 
limited to) existing water diversion, carriage, storage and ancillary 
facilities and livestock grazing improvements and structures.
    (3) Facilities, structures and related access routes existing as of 
the date of enactment of this Act in areas designated as wilderness by 
this Act may be operated, maintained, repaired, and replaced as 
necessary to maintain serviceable conditions.
    (4) For the purposes of this subsection, reasonable access includes 
motorized access where necessary and customarily or historically 
employed on routes in existence as of the date of enactment of this Act 
and where necessary to meet the reasonable purposes for development and 
use of in-held lands or valid existing rights.
    (j) Land Acquisition by Exchange or Purchase.--The Secretary shall 
offer to acquire from non-governmental entities lands and interests in 
lands located within or adjacent to areas designated as wilderness by 
this Act. Lands may be acquired under this subsection only by exchange 
or purchase from willing sellers.

SEC. 4. WATER RIGHTS.

    (a) No Federal Reservation.--Nothing in this Act or any other Act 
of Congress shall constitute or be construed to constitute either an 
express or implied Federal reservation of water or water rights for any 
purpose arising from the designation of areas as wilderness by this 
Act.
    (b) Acquisition and Exercise of Water Rights Under Utah Law.--The 
United States may acquire and exercise such water rights as it deems 
necessary to carry out its responsibilities on any lands designated as 
wilderness by this Act pursuant to the substantive and procedural 
requirements of the State of Utah. Nothing in this Act shall be 
construed to authorize the use of eminent domain by the United States 
to acquire water rights for such lands. Within areas designated as 
wilderness by this Act, all rights to water granted under the laws of 
the State of Utah may be exercised in accordance with the substantive 
and procedural requirements of the State of Utah.
    (c) Exercise of Water Rights Generally Under Utah Laws.--Nothing in 
this Act shall be construed to limit the exercise of water rights as 
provided under Utah State laws.
    (d) Certain Facilities Not Affected.--Nothing in this Act shall 
affect irrigation, pumping and transmission facilities and municipal, 
agricultural, livestock, or wildlife water facilities in existence 
within the boundaries of areas designated as wilderness by this Act, 
nor shall anything in this Act be construed to limit operation, 
maintenance, repair, modification, or replacement of such existing 
facilities, as provided in section 3(i).
    (e) Water Resource Projects.--Nothing in this Act shall be 
construed to limit or to be a consideration in Federal approvals or 
denials for access to or use of the Federal lands for development and 
operation of water resource projects, including (but not limited to) 
reservoir projects, which are located outside and upstream of areas 
designated as wilderness by this Act.

SEC. 5. CULTURAL AND PALEONTOLOGICAL RESOURCES.

    The Secretary shall allow for the discovery of, shall protect, and 
may interpret, cultural or paleontological resources located within 
areas designated as wilderness by this Act, including through 
mechanical means where necessary notwithstanding section 4(c) of the 
Wilderness Act (16 U.S.C. 1133(c)).

SEC. 6. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

    In recognition of the past use of portions of the areas designated 
as wilderness by this Act by Native Americans for traditional cultural 
and religious purposes, the Secretary shall assure nonexclusive access 
from time to time to those sites by Native Americans for such purposes, 
including (but not limited to) wood gathering for personal use or 
collecting plants or herbs for religious or medicinal purposes. Such 
access shall be consistent with the purpose and intent of the Act of 
August 11, 1978 (42 U.S.C. 1996; commonly referred to as the ``American 
Indian Religious Freedom Act'').

SEC. 7. MILITARY OVERFLIGHTS.

    (a) Low-Level Overflights Not Precluded.--Nothing in this Act shall 
be construed to restrict or preclude low-level overflights over the 
areas designated as wilderness by this Act, including military 
overflights that can be seen or heard within such areas. Nothing in 
this Act shall be construed to restrict or preclude the designation of 
new units of special airspace or the establishment of military flight 
training routes over such areas.
    (b) Communications or Tracking Systems.--Nothing in this Act shall 
be construed to require the removal of existing communication or 
electronic tracking systems from areas designated as wilderness by this 
Act or to prevent the installation of portable electronic communication 
or tracking systems in support of military flights so long as 
installation, maintenance, and removal of such systems does not require 
construction of temporary or permanent roads.

SEC. 8. AIR QUALITY.

    (a) In General.--The Congress does not intend that designation of 
wilderness areas in the State of Utah by this Act lead to 
reclassification of any airshed to a more stringent Prevention of 
Significant Deterioration (PSD) classification.
    (b) Role of State.--Air quality reclassification for the wilderness 
areas established by this Act shall be the prerogative of the State of 
Utah. All areas designated as wilderness by this Act are and shall 
continue to be managed as PSD Class II under the Clean Air Act unless 
they are reclassified by the State of Utah in accordance with the Clean 
Air Act.
    (c) Industrial Facilities.--Nothing in this Act shall be construed 
to restrict or preclude construction, operation, or expansion of 
industrial facilities outside of the areas designated as wilderness by 
this Act, including (but not limited to) the Hunter Power Plant, the 
Huntington Power Plant, the Intermountain Power Project, the Bonanza 
Power Plant, the Continental Lime Plant, and the Brush Wellman Plant. 
Such projects and facilities shall be permitted according to 
appropriate laws and regulations including (but not limited to) the 
Clean Air Act.

SEC. 9. DISCLAIMERS.

    Nothing in this Act shall be construed to--
            (1) prohibit the establishment and maintenance of 
        reservoirs, water-conservation works, transmission lines, and 
        other facilities needed in the public interest, including the 
        road construction and maintenance essential to development and 
        use thereof in--
                    (A) Cougar Canyon Wilderness designated by section 
                2(a)(44);
                    (B) Red Mountain Wilderness designated by section 
                2(a)(45);
                    (C) Parunuweap Canyon Wilderness designated by 
                section 2(a)(27); and
                    (D) Canaan Mountain Wilderness designated by 
                section 2(a)(28);
            (2) Nothing in this Act shall be construed to prevent the 
        maintenance, repair, or expansion of communication sites and 
        facilities or to require removal of existing communication 
        sites and facilities in--
                    (A) Swasey Mountain Wilderness designated by 
                section 2(a)(26);
                    (B) Fifty Mile Mountain Wilderness designated by 
                section 2(a)(31);
                    (C) Mt. Ellen Wilderness designated by section 
                2(a)(12); and
                    (D) Deep Creek Mountains Wilderness designated by 
                section 2(a)(42).
            (3) prevent the construction of a pipeline for transport of 
        natural gas through the Right Hand of
         Tusher Canyon in and adjacent to the Desolation Canyon 
Wilderness designated by section 2(a)(1);
            (4) as establishing a precedent with regard to any future 
        wilderness designation, nor shall it constitute an 
        interpretation of any other Act or any wilderness designation 
        made pursuant thereto; and
            (5) to prevent the use of any mechanically propelled water 
        craft on navigable streams that lie within or adjacent to an 
        area designated as wilderness by this Act.

SEC. 10. WILDERNESS RELEASE.

    (a) Finding.--The Congress finds and directs that all public lands 
in the State of Utah administered by the Bureau of Land Management have 
been adequately studied for wilderness designation pursuant to sections 
202 and 603 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712 and 1782).
    (b) Release.--Except as provided in subsection (c), any public 
lands administered by the Bureau of Land Management in the State of 
Utah not designated wilderness by this Act shall not be subject to 
section 603(c) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1783(c)) but shall be managed for the full range of 
nonwilderness multiple uses in accordance with land management plans 
adopted pursuant to section 202 of such Act (43 U.S.C. 1712). Such 
lands shall not be managed for the purpose of protecting their 
suitability for wilderness designation or their wilderness character 
and shall remain available for nonwilderness multiple uses, subject to 
the requirements of other Federal laws.
    (c) Continuing Wilderness Study Areas Status.--The following 
wilderness study areas which are under study status by States adjacent 
to the State of Utah shall continue to be subject to section 603(c) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)):
            (1) Bull Canyon; UT-080-419/CO-010-001.
            (2) Wrigley Mesa/Jones Canyon/Black Ridge Canyon West; UT-
        060- 116/117/CO-070-113A.
            (3) Squaw/Papoose Canyon; UT-060-227/CO-030-265A.
            (4) Cross Canyon; UT-060-229/CO-030-265.
SEC. 11. EXCHANGE RELATING TO SCHOOL AND INSTITUTIONAL TRUST LANDS.

    (a) Findings.--The Congress finds that--
            (1) approximately 142,041 acres of school and institutional 
        trust lands are located within or adjacent to areas designated 
        as wilderness by this Act;
            (2) such lands were originally granted to the State of Utah 
        for the purpose of generating support for the public schools 
        through the development of natural resources and other methods;
            (3) it is in the interest of the State of Utah for such 
        lands to be exchanged for interests in Federal lands located 
        outside of wilderness areas to accomplish this purpose; and
            (4) the Federal lands described in subsection (c)(2) are of 
        approximate equivalent value to such school and institutional 
        trust lands.
    (b) Exchange.--If, not later than two years after the date of the 
enactment of this Act and in accordance with this section, the State of 
Utah offers to transfer all its right, title, and interest in and to 
the school and institutional trust lands described in subsection (c)(1) 
to the United States, the Secretary shall accept the offer and transfer 
(within two years after the date of such acceptance) to the State of 
Utah in exchange for such lands all right, title, and interest of the 
United States in and to the Federal lands described in subsection 
(c)(2) and, if necessary, lands identified pursuant to subsection (d). 
The exchange of lands under this section shall be subject to valid 
existing rights.
    (c) State and Federal Exchange Lands Described.--
            (1) School and institutional trust lands.--The school and 
        institutional trust lands referred to in this section are those 
        lands generally depicted as ``Utah School Lands'' on the map 
        entitled ``In-Held School Trust Land Exchange--Proposed'' and 
        dated ________ which--
                    (A) are located within or adjacent to areas 
                designated by this Act as wilderness; and
                    (B) were granted by the United States in the Utah 
                Enabling Act to the State of Utah in trust and other 
                lands which under State law must be managed for the 
                benefit of the public school system or the institutions 
                of the State which are designated by the Utah Enabling 
                Act.
            (2) Federal lands.--The Federal lands referred to in this 
        section are the lands located in the State of Utah which are 
        generally depicted as ``Federal Exchange Lands'' on the map 
        referred to in paragraph (1).
    (d) Additional Available Federal Lands To Remedy Imbalances Due to 
Encumbrances.--
            (1) List of encumbrances.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        prepare a list of all encumbrances of record (in the records of 
        the Bureau of
         Land Management or otherwise known to the Bureau of Land 
Management) of the Federal lands described in subsection (c)(2) and 
transmit the list to the State of Utah. Likewise, the State shall 
prepare a list of all encumbrances of record or otherwise known to the 
State to the State lands described in subsection (c)(1) and transmit 
the list to the Secretary.
            (2) Remedy.--In the event that the encumbrances identified 
        pursuant to paragraph (1) result in an imbalance in the 
        exchange under this section such that the value of the lands 
        transferred by the State is greater than the value of the 
        Federal lands received, the Secretary shall transfer to the 
        State such additional Federal lands as may be necessary to 
        remedy the imbalance.
    (e) Duties of the Parties and Other Provisions Relating to the 
Exchange.--
            (1) Map and legal description.--The State of Utah and the 
        Secretary shall each provide to the other legal descriptions of 
        the lands under their respective jurisdictions which are to be 
        exchanged under this section. The map referred to in subsection 
        (c)(1) and the legal descriptions provided under this 
        subsection shall be on file and available for public inspection 
        in the office of the Director of the Bureau of Land Management, 
        and the office of the State Director of the Bureau of Land 
        Management in the State of Utah, Department of the Interior.
            (2) Hazardous materials.--The Secretary and, as a condition 
        of the exchange under this section, the State of Utah shall 
        make available for review and inspection all pertinent records 
        relating to hazardous materials (if any) on lands to be 
        exchanged under this section. The responsibility for costs of 
        remedial action related to such materials shall be borne by 
        those entities responsible under existing law.
            (3) Provisions relating to federal lands.--(A) The 
        enactment of this section Act shall be construed as satisfying 
        the provisions of section 206(a) of the Federal Land Policy and 
        Management Act of 1976 requiring that exchanges of lands be in 
        the public interest.
            (B) The transfer of lands and related activities required 
        of the Secretary under this section shall not be subject to 
        National Environmental Policy Act of 1969.
            (C) The value of Federal lands transferred to the State 
        under this section shall be adjusted to reflect the right of 
        the State of Utah to share in revenue from such Federal lands.
            (D) Subject to valid existing rights, the Federal lands 
        described in subsection (c)(2) are hereby withdrawn from 
        disposition under the public land laws and from location, 
        entry, and patent under the mining laws of the United States, 
        from the operation of the mineral leasing laws of the United 
        States, from operation of the Geothermal Steam Act of 1970, and 
        from the operation of the Act of July 31, 1947, commonly known 
        as the Materials Act of 1947 (30 U.S.C. 601 and following).
    (f) Administration of Lands Acquired by the United States.--The 
lands and interests in lands acquired by the United States under this 
section shall be added to and administered as part of areas of the 
public lands, as indicated on the maps referred to in this section or 
in section 2, as applicable.
                                 <all>
S 884 IS----2
S 884 IS----3
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