II 

109TH CONGRESS 

2D SESSION S. 3636 

To establish wilderness areas, promote conservation, improve public land, 

and provide for high quality economic development in Washington County, Utah, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2006 

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

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

A BILL 

To establish wilderness areas, promote conservation, improve 

public land, and provide for high quality economic development in Washington County, Utah, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Washington County Growth and Conservation Act of 

6 2006’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—LAND DISPOSAL 

Sec. 101. Definitions. 

Sec. 102. Conveyance of public land in Washington County. 

Sec. 103. Disposition of Proceeds. 

TITLE II—WILDERNESS AREAS 

Sec. 201. Additions to National Wilderness Preservation System. 

Sec. 202. Administration. 

Sec. 203. Adjacent Management. 

Sec. 204. Native American cultural and religious uses. 

Sec. 205. Release of wilderness study areas. 

Sec. 206. Wildlife management. 

Sec. 207. Wildfire management. 

Sec. 208. Climatological data collection. 

Sec. 209. National Park Service land. 

TITLE III—WILD AND SCENIC RIVER DESIGNATION 

Sec. 301. Zion National Park Wild and Scenic Rivers. 

TITLE IV—UTILITY CORRIDORS 

Sec. 401. Utility corridors and rights-of way. 

TITLE V—HIGH DESERT OFF-HIGHWAY VEHICLE TRAIL 

Sec. 501. High Desert Off-Highway Vehicle Trail. 

TITLE VI—RED CLIFFS NATIONAL CONSERVATION AREA 

Sec. 601. Short title. 

Sec. 602. Purpose. 

Sec. 603. Definitions. 

Sec. 604. Establishment of the Conservation Area. 

Sec. 605. Management. 

Sec. 606. Management plan amendments. 

Sec. 607. Acquisition of additional land. 

Sec. 608. Withdrawal. 

Sec. 609. Cooperative agreements. 

Sec. 610. No buffer zones. 

TITLE VII—AUTHORIZATION OF APPROPRIATIONS 

Sec. 701. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 


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1 (1) CENTRAL MAP.—The term ‘‘Central Map’’ 

2 means the map entitled ‘‘Central Washington Coun3 ty, Utah’’ and dated ølllll¿. 

4 (2) COUNTY.—The term ‘‘County’’ means 

5 Washington County, Utah. 

6 (3) EASTERN MAP.—The term ‘‘Eastern Map’’ 

7 means the map entitled ‘‘Eastern Washington Coun8 ty, Utah’’ and dated ølllll¿. 

9 (4) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (5) STATE.—The term ‘‘State’’ means the State 

12 of Utah. 

13 (6) WESTERN MAP.—The term ‘‘Western Map’’ 

14 means the map entitled ‘‘Western Washington Coun15 ty, Utah’’ and dated ølllll¿. 

16 TITLE I—LAND DISPOSAL 

17 SEC. 101. DEFINITIONS. 

18 In this title: 

19 (1) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the Bureau of Land Management 

21 St. George Field Office Resource Management Plan. 

22 (2) SPECIAL ACCOUNT.—The term ‘‘special ac23 count’’ means the special account established under 

24 section 103(a)(4). 


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1 SEC. 102. CONVEYANCE OF PUBLIC LAND IN WASHINGTON 

2 COUNTY. 

3 (a) IN GENERAL.—Notwithstanding sections 202 and 

4 203 of the Federal Land Policy and Management Act of 

5 1976 (43 U.S.C. 1712, 1713), the Secretary, in coopera6 tion with the County, in accordance with that Act, this 

7 title, and other applicable law and subject to valid existing 

8 rights, shall— 

9 (1) conduct sales of the land described in sub10 section (b)(1) to qualified bidders; and 

11 (2) with respect to the parcels of land described 

12 in subsection (b)(2)— 

13 (A) conduct sales of the parcels to quali14 fied bidders as the parcels becomes available for 

15 disposal; or 

16 (B) at the election of the Secretary, ex17 change the parcels of land for parcels of non18 Federal land or interests in non-Federal land in 

19 accordance with section 206 of the Federal 

20 Land Policy and Management Act of 1976 (43 

21 U.S.C. 1716) and other applicable laws. 

22 (b) DESCRIPTION OF LAND.—The land referred to in 

23 subsection (a) consists of— 

24 (1) the land identified on the Central Map as 

25 ‘‘Directed Sale Lands’’, totaling approximately 

26 4,300 acres; and 


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1 (2) not less than 20,000 acres of land from the 

2 land that is identified on the Central Map and the 

3 Eastern Map as ‘‘Lands Eligible for Consideration 

4 Under Section 102 Disposal’’, excluding any land 

5 that is— 

6 (A) designated as wilderness by section 

7 201(a); 

8 (B) an area of critical environmental con9 cern; or 

10 (C) in the Red Cliffs National Conserva11 tion Area established by section 604(a). 

12 (c) AVAILABILITY OF MAP AND LEGAL DESCRIP13 TIONS.—The Central Map and Eastern Map shall be on 

14 file and available for public inspection in (as appro15 priate)— 

16 (1) the Office of the Director of the Bureau of 

17 Land Management; 

18 (2) the Office of the Utah State Director of the 

19 Bureau of Land Management; and 

20 (3) the St. George Field Office of the Bureau 

21 of Land Management. 

22 (d) JOINT SELECTION REQUIRED.—The Secretary 

23 and the County shall jointly select which parcels of land 

24 described in subsection (b)(2) to offer for sale or exchange. 


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1 (e) COMPLIANCE WITH LOCAL PLANNING AND ZON2 ING LAWS.—Before a sale or exchange of land under sub3 section (a), the County shall submit to the Secretary a 

4 certification that qualified bidders have agreed to comply 

5 with— 

6 (1) County and city zoning and other applicable 

7 ordinances; and 

8 (2) any general plan for the area approved by 

9 the County, including any revisions to the general 

10 plan that are adopted by the County after the date 

11 of enactment of this Act. 

12 (f) METHOD OF SALE; CONSIDERATION.—The sale of 

13 land under subsection (a) shall be— 

14 (1) consistent with subsections (d) and (f) of 

15 section 203 of the Federal Land Management Policy 

16 Act of 1976 (43 U.S.C. 1713); 

17 (2) through a competitive bidding process un18 less otherwise determined by the Secretary; and 

19 (3) for not less than fair market value. 

20 (g) WITHDRAWAL.— 

21 (1) IN GENERAL.—Subject to valid existing 

22 rights and except as provided in paragraph (2), the 

23 land described in subsection (b) is withdrawn 

24 from— 


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1 (A) all forms of entry and appropriation 

2 under the public land laws, including the min3 ing laws; 

4 (B) location, entry, and patent under the 

5 mining laws; and 

6 (C) operation of the mineral leasing, geo7 thermal leasing, and mineral materials laws. 

8 (2) EXCEPTIONS.—Paragraph (1)(A) shall not 

9 apply to a competitive sale, a land exchange between 

10 the United States and a non-Federal party, or an 

11 election by the County to obtain the land described 

12 in subsection (b)(2) for public purposes under the 

13 Act of June 14, 1926 (commonly known as the 

14 ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 

15 869 et seq.). 

16 (h) TIMING OF SALES.— 

17 (1) IN GENERAL.—The Secretary shall— 

18 (A) with respect to the land described in 

19 subsection (b)(1)— 

20 (i) not later than 1 year after the date 

21 of enactment of this Act, offer for sale the 

22 land identified on the Central Map as 

23 ‘‘First Directed Sale’’; and 

24 (ii) beginning 1 year after the date of 

25 the sale of land under clause (i) and at 


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1 least annually thereafter until the date on 

2 which all of the parcels of land described 

3 in subsection (b)(1) are sold, conduct sales 

4 of the land described in subsection (b)(1), 

5 except that all of the parcels of land shall 

6 be offered for sale not later than January 

7 1, 2013; and 

8 (B) with respect to the land described in 

9 subsection (b)(2), conduct sales or exchanges— 

10 (i)(I) not earlier than January 1, 

11 2010; or 

12 (II) if the County requests an earlier 

13 date, the date that is requested by the 

14 County, subject to approval by the Sec15 retary; and 

16 (ii) except as provided in paragraph 

17 (2), at least annually thereafter until the 

18 date on which all of the parcels of land de19 scribed in subsection (b)(2) are sold or ex20 changed. 

21 (2) POSTPONEMENT; EXCLUSION FROM SALE.— 

22 (A) REQUEST BY COUNTY FOR POSTPONE23 MENT OR EXCLUSION.—At the request of the 

24 County, the Secretary shall postpone or exclude 


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1 from sale or exchange all or a portion of the 

2 land described in subsection (b)(2). 

3 (B) INDEFINITE POSTPONEMENT.—Unless 

4 specifically requested by the County, a post5 ponement under subparagraph (A) shall not be 

6 indefinite. 

7 (i) RESTRICTIVE COVENANTS.— 

8 (1) IN GENERAL.—The Secretary may include 

9 in the deed of transfer of any parcel of land disposed 

10 of under this section any restrictive covenant that 

11 the Secretary determines to be necessary to protect 

12 the interests of the United States. 

13 (2) NOTICE.—At least 30 days before the date 

14 on which a land sale is to be conducted under this 

15 section, the Secretary shall publish in 1 or more 

16 local newspapers a notice that describes any parcels 

17 of land that would be subject to a restrictive cov18 enant. 

19 SEC. 103. DISPOSITION OF PROCEEDS. 

20 (a) DISPOSITION OF PROCEEDS.—Of the gross pro21 ceeds from a sale of land described in section 102(b)— 

22 (1) 5 percent shall be paid directly to the State, 

23 for the support of schools in accordance with section 

24 9 of the Act of July 16, 1894 (28 Stat. 107, chapter 

25 138); 


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1 (2) 2 percent shall be paid directly to the Coun2 ty for— 

3 (A) administrative costs; and 

4 (B) the costs of fire protection, flood con5 trol, public safety, and transportation; 

6 (3) 8 percent shall be paid directly to the 

7 Washington County Water Conservancy District for 

8 water treatment, transmission facility infrastructure, 

9 and water conservation in the County; and 

10 (4) the remainder shall be deposited in a special 

11 account in the Treasury of the United States and 

12 shall be available without further appropriation to 

13 the Secretary until expended for— 

14 (A) the reimbursement of costs incurred by 

15 the Utah State Office of the Bureau of Land 

16 Management and the St. George Field Office of 

17 the Bureau of Land Management in preparing 

18 for the sale of land described in section 102(b), 

19 including the costs of— 

20 (i) surveys; 

21 (ii) appraisals; and 

22 (iii) compliance with— 

23 (I) the National Environmental 

24 Policy Act of 1969 (42 U.S.C. 4321 

25 et seq.); and 


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1 (II) sections 201 and 202 of the 

2 Federal Land Policy and Management 

3 Act of 1976 (43 U.S.C. 1711, 1712); 

4 (B) conservation projects within the Coun5 ty, including— 

6 (i) the acquisition, in accordance with 

7 the Washington County Habitat Conserva8 tion Plan dated December 1995, of non9 Federal land for inclusion in the Red Cliffs 

10 National Conservation Area established by 

11 section 604(a); 

12 (ii) trail repair and reconstruction 

13 within the Dixie National Forest; 

14 (iii) projects relating to parks, trails, 

15 and natural areas; and 

16 (iv) other conservation projects that 

17 the Secretary, after consultation with the 

18 County, determine to be appropriate; 

19 (C) the protection and management of the 

20 Red Cliffs National Conservation Area estab21 lished by section 604(a), including the develop22 ment of any necessary amendments to the man23 agement plan under section 606; 

24 (D) processing wilderness designation, in25 cluding the costs of appropriate fencing, signVerDate Aug 31 2005 23:57 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3636.IS S3636

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1 age, public education, and enforcement for the 

2 wilderness areas designated; 

3 (E) establishing the High Desert Off-High4 way Vehicle Trail under section 501, includ5 ing— 

6 (i) completing the travel plan required 

7 under section 501(b); and 

8 (ii) developing, implementing, and en9 forcing the management plan for the Trail 

10 developed under section 501(e)(2); and 

11 (F) the processing of public land use au12 thorizations and rights-of-way relating to the 

13 development of land conveyed under this title. 

14 (b) INVESTMENT OF SPECIAL ACCOUNT.—Any 

15 amounts deposited in the special account shall earn inter16 est in an amount determined by the Secretary of the 

17 Treasury on the basis of the current average market yield 

18 on outstanding marketable obligations of the United 

19 States of comparable maturities, and may be expended ac20 cording to the provisions of this section. 


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1 TITLE II—WILDERNESS AREAS 

2 SEC. 201. ADDITIONS TO NATIONAL WILDERNESS PRESER3 VATION SYSTEM. 

4 (a) ADDITIONS.—The following land in the State is 

5 designated as wilderness and as components of the Na6 tional Wilderness Preservation System: 

7 (1) BEARTRAP CANYON.—Certain Federal land 

8 managed by the Bureau of Land Management, com9 prising approximately 40 acres, as generally depicted 

10 on the Eastern Map, which shall be known as the 

11 ‘‘Beartrap Canyon Wilderness’’. 

12 (2) BLACKRIDGE.—Certain Federal land man13 aged by the Bureau of Land Management, com14 prising approximately 7,145 acres, as generally de15 picted on the Eastern Map, which shall be known as 

16 the ‘‘Blackridge Wilderness’’. 

17 (3) CANAAN MOUNTAIN.—Certain Federal land 

18 in the County managed by the Bureau of Land 

19 Management, comprising approximately 35,344 

20 acres, as generally depicted on the Eastern Map, 

21 which shall be known as the ‘‘Canaan Mountain Wil22 derness’’. 

23 (4) COTTONWOOD.—Certain Federal land man24 aged by the Bureau of Land Management, com25 prising approximately 11,650 acres, as generally deVerDate Aug 31 2005 23:57 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3636.IS S3636

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1 picted on the Central Map, which shall be known as 

2 the ‘‘Cottonwood Wilderness’’. 

3 (5) COTTONWOOD FOREST.—Certain Federal 

4 land managed by the Forest Service, comprising ap5 proximately 2,642 acres, as generally depicted on the 

6 Central Map, which shall be known as the ‘‘Cotton7 wood Forest Wilderness.’’ 

8 (6) COUGAR CANYON.—Certain Federal land 

9 managed by the Bureau of Land Management, com10 prising approximately 10,568 acres, as generally de11 picted on the Western Map, which shall be known as 

12 the ‘‘Cougar Canyon Wilderness.’’ 

13 (7) DEEP CREEK.—Certain Federal land man14 aged by the Bureau of Land Management, com15 prising approximately 3,320 acres, as generally de16 picted on the Eastern Map, which shall be known as 

17 the ‘‘Deep Creek Wilderness’’. 

18 (8) DEEP CREEK NORTH.—Certain Federal 

19 land managed by the Bureau of Land Management, 

20 comprising approximately 4,264 acres, as generally 

21 depicted on the Eastern Map, which shall be known 

22 as the ‘‘Deep Creek North Wilderness’’. 

23 (9) GOOSE CREEK.—Certain Federal land man24 aged by the Bureau of Land Management, com25 prising approximately 89 acres, as generally depicted 


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1 on the Eastern Map, which shall be known as the 

2 ‘‘Goose Creek Wilderness’’. 

3 (10) LAVERKIN CREEK.—Certain Federal land 

4 managed by the Bureau of Land Management, com5 prising approximately 445 acres, as generally de6 picted on the Eastern Map, which shall be known as 

7 the ‘‘LaVerkin Creek Wilderness’’ . 

8 (11) RED BUTTE.—Certain Federal land man9 aged by the Bureau of Land Management, com10 prising approximately 1,124 acres, as generally de11 picted on the Eastern Map, which shall be known as 

12 the ‘‘Red Butte Wilderness’’. 

13 (12) RED MOUNTAIN.—Certain Federal land 

14 managed by the Bureau of Land Management, com15 prising approximately 18,716 acres, as generally de16 picted on the Central Map, which shall be known as 

17 the ‘‘Red Mountain Wilderness’’. 

18 (13) TAYLOR CREEK.—Certain Federal land 

19 managed by the Bureau of Land Management, com20 prising approximately 35 acres, as generally depicted 

21 on the Eastern Map, which shall be known as the 

22 ‘‘Taylor Creek Wilderness’’. 

23 (14) WATCHMAN.—Certain Federal land man24 aged by the Bureau of Land Management, com25 prising approximately 600 acres, as generally deVerDate Aug 31 2005 23:57 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3636.IS S3636

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1 picted on the Eastern Map, which shall be known as 

2 the ‘‘Watchman Wilderness’’. 

3 (15) ZION.— 

4 (A) IN GENERAL.—Certain Federal land in 

5 the County managed by the National Park 

6 Service, comprising approximately 123,743 

7 acres, as generally depicted on the Eastern 

8 Map, which shall be known as the ‘‘Zion Wil9 derness’’. 

10 (B) SUBSEQUENT ACQUISITION.—Any land 

11 within Zion National Park that is subsequently 

12 acquired by the National Park Service by pur13 chase from a willing seller, exchange, or dona14 tion, may become wilderness on the rec15 ommendation of the Secretary, in accordance 

16 with the Wilderness Act (16 U.S.C. 1131 et 

17 seq.). 

18 (C) TRANSFER OF BUREAU OF LAND MAN19 AGEMENT LAND TO NATIONAL PARK SERV20 ICE.— 

21 (i) IN GENERAL.—Administrative ju22 risdiction over approximately 1,009 acres 

23 of Bureau of Land Management land, as 

24 depicted on the Eastern Map, shall be 

25 transferred from the Director of the BuVerDate Aug 31 2005 23:57 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3636.IS S3636

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1 reau of Land Management to the Director 

2 of the National Park Service. 

3 (ii) NONWILDERNESS.—Approxi4 mately 390 acres of the land transferred 

5 under clause (i) shall be managed by the 

6 Director of the National Park Service as a 

7 nonwilderness area under the Zion Na8 tional Park General Management Plan of 

9 2001 and in accordance with the Act of 

10 August 25, 1916 (commonly known as the 

11 ‘‘National Park Service Organic Act’’) (16 

12 U.S.C. 1 et seq.). 

13 (D) BOUNDARY ADJUSTMENT.—Any ad14 justments to the boundary of Zion National 

15 Park under this paragraph shall be depicted on 

16 the Eastern Map, Central Map, or Western 

17 Map, as appropriate. 

18 (b) BOUNDARY.—The boundary of any portion of a 

19 wilderness area designated by subsection (a) that is bor20 dered by a road shall be at least 100 feet from the center 

21 line of the road to allow public access. 

22 (c) MAP AND LEGAL DESCRIPTION.— 

23 (1) IN GENERAL.—As soon as practicable after 

24 the date of enactment of this Act, the Secretary 

25 shall file a map and legal description of each wilderVerDate Aug 31 2005 23:57 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3636.IS S3636

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1 ness area designated by subsection (a) with the 

2 Committee on Resources of the House of Represent3 atives and the Committee on Energy and Natural 

4 Resources of the Senate. 

5 (2) EFFECT.—Each map and legal description 

6 shall have the same force and effect as if included 

7 in this section, except that the Secretary may correct 

8 clerical and typographical errors in the map or legal 

9 description. 

10 (3) AVAILABILITY.—Each map and legal de11 scription shall be on file and available for public in12 spection in (as appropriate)— 

13 (A) the Office of the Director of the Bu14 reau of Land Management; 

15 (B) the Office of the Utah State Director 

16 of the Bureau of Land Management; 

17 (C) the St. George Field Office of the Bu18 reau of Land Management; 

19 (D) the Dixie National Forest Supervisor’s 

20 Office; and 

21 (E) the Office of the Superintendent of 

22 Zion National Park. 

23 (d) WITHDRAWAL.—Subject to valid existing rights, 

24 the wilderness areas designated by subsection (a) are with25 drawn from— 


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1 (1) all forms of entry, appropriation, and dis2 posal under the public land laws; 

3 (2) location, entry, and patent under the mining 

4 laws; and 

5 (3) operation of the mineral leasing, geothermal 

6 leasing, and mineral materials laws. 

7 SEC. 202. ADMINISTRATION. 

8 (a) MANAGEMENT.—Subject to valid existing rights, 

9 each area designated as wilderness by this title shall be 

10 administered by the Secretary in accordance with the Wil11 derness Act (16 U.S.C. 1131 et seq.), except that— 

12 (1) any reference in that Act to the effective 

13 date shall be considered to be a reference to the date 

14 of enactment of this Act; and 

15 (2) any reference in that Act to the Secretary 

16 of Agriculture shall be considered to be a reference 

17 to the Secretary of the Interior with respect to land 

18 under the jurisdiction of the Secretary of the Inte19 rior. 

20 (b) LIVESTOCK.—Within the wilderness areas des21 ignated under this title that are administered by the Bu22 reau of Land Management, the grazing of livestock in 

23 areas in which grazing is established as of the date of en24 actment of this Act shall be allowed to continue— 


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1 (1) subject to such reasonable regulations, poli2 cies, and practices that the Secretary considers nec3 essary; and 

4 (2) consistent with section 4(d)(4) of the Wil5 derness Act (16 U.S.C. 1133(d)(4)), including the 

6 guidelines set forth in Appendix A of House Report 

7 101–405. 

8 (c) INCORPORATION OF ACQUIRED LAND AND INTER9 ESTS.—Any land or interest in land within the boundaries 

10 of an area designated as wilderness by this title that is 

11 acquired by the United States after the date of enactment 

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

13 of the wilderness area within which the acquired land or 

14 interest is located. 

15 (d) WATER RIGHTS.— 

16 (1) FINDINGS.—Congress finds that— 

17 (A) the land designated as wilderness by 

18 section 201(a)— 

19 (i) is arid in nature; and 

20 (ii) includes ephemeral streams; 

21 (B) the hydrology of the land designated 

22 as wilderness by section 201(a) is locally char23 acterized by complex flow patterns and alluvial 

24 fans with impermanent channels; 


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1 (C) the subsurface hydrogeology of the re2 gion of the wilderness is characterized by 

3 groundwater subject to local and regional flow 

4 gradients and artesian aquifers; 

5 (D) the land designated as wilderness is 

6 generally not suitable for use or development of 

7 new water resource facilities; 

8 (E) there are no actual or proposed water 

9 resource facilities and no opportunities for di10 version, storage, or other uses of water occur11 ring outside the land designated as wilderness 

12 that would adversely affect the wilderness or 

13 other values of the land; and 

14 (F) because of the unique nature and hy15 drology of the desert land designated as wilder16 ness and the existence of the Virgin River Re17 source Management and Recovery Program, it 

18 is possible to provide for proper management 

19 and protection of the wilderness, perennial 

20 springs and other values of the land in ways not 

21 used in other legislation. 

22 (2) STATUTORY CONSTRUCTION.—Nothing in 

23 this title— 

24 (A) shall constitute or be construed to con25 stitute either an express or implied reservation 


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1 by the United States of any water or water 

2 rights with respect to the land designated as 

3 wilderness by this title; 

4 (B) shall affect any water rights in the 

5 State existing on the date of enactment of this 

6 Act, including any water rights held by the 

7 United States; 

8 (C) shall be construed as establishing a 

9 precedent with regard to any future wilderness 

10 designations; 

11 (D) shall affect the interpretation of, or 

12 any designation made pursuant to, any other 

13 Act; or 

14 (E) shall be construed as limiting, altering, 

15 modifying, or amending any of the interstate 

16 compacts or equitable apportionment decrees 

17 that apportion water among and between the 

18 State and other States. 

19 (3) UTAH WATER LAW.—The Secretary shall 

20 follow the procedural and substantive requirements 

21 of the law of the State in order to obtain and hold 

22 any water rights not in existence on the date of en23 actment of this Act with respect to the wilderness 

24 areas designated by this title. 

25 (4) NEW PROJECTS.— 


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1 (A) WATER RESOURCE FACILITY.—As 

2 used in this paragraph, the term ‘‘water re3 source facility’’— 

4 (i) means irrigation and pumping fa5 cilities, reservoirs, water conservation 

6 works, aqueducts, canals, ditches, pipe7 lines, wells, hydropower projects, and 

8 transmission and other ancillary facilities, 

9 and other water diversion, storage, and 

10 carriage structures; and 

11 (ii) does not include wildlife guzzlers. 

12 (B) RESTRICTION ON NEW WATER RE13 SOURCE FACILITIES.—Except as otherwise pro14 vided in this title, on and after the date of en15 actment of this Act, neither the President nor 

16 any other officer, employee, or agent of the 

17 United States shall fund, assist, authorize, or 

18 issue a license or permit for the development of 

19 any new water resource facility within the wil20 derness areas designated by this title. 

21 (e) MILITARY OVERFLIGHTS.—Nothing in this title 

22 precludes or restricts— 

23 (1) low-level overflights and operations of mili24 tary aircraft, helicopters, missiles, or unmanned aer25 ial vehicles over wilderness areas designated under 


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1 this title, including military overflights and oper2 ations that can be seen or heard within the wilder3 ness areas; 

4 (2) flight testing and evaluation; or 

5 (3) the designation or creation of new units of 

6 special use airspace, or the establishment of military 

7 flight training routes over the wilderness areas des8 ignated under this title. 

9 SEC. 203. ADJACENT MANAGEMENT. 

10 (a) IN GENERAL.—Congress does not intend for the 

11 designation of wilderness in the State pursuant to this 

12 title to lead to the creation of protective perimeters or 

13 buffer zones around any such wilderness area. 

14 (b) NONWILDERNESS ACTIVITIES.—The fact that 

15 nonwilderness activities or uses can be seen or heard from 

16 areas within a wilderness designated under this title shall 

17 not preclude the conduct of those activities or uses outside 

18 the boundary of the wilderness area. 

19 SEC. 204. NATIVE AMERICAN CULTURAL AND RELIGIOUS 

20 USES. 

21 Nothing in this title diminishes— 

22 (1) the rights of any Indian tribe; or 

23 (2) any tribal rights regarding access to Fed24 eral land for tribal activities, including spiritual, cul25 tural, and traditional food-gathering activities. 


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1 SEC. 205. RELEASE OF WILDERNESS STUDY AREAS. 

2 (a) FINDING.—Congress finds that, for the purposes 

3 of section 603 of the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1782), any public land in 

5 the County administered by the Bureau of Land Manage6 ment in the wilderness study areas that is not designated 

7 as wilderness by section 201(a) or depicted as released on 

8 the Central Map, Eastern Map, or Western Map has been 

9 adequately studied for wilderness designation. 

10 (b) RELEASE.—Any public land described in sub11 section (a) that is not designated as wilderness by this 

12 title— 

13 (1) is no longer subject to section 603(c) of the 

14 Federal Land Policy and Management Act of 1976 

15 (43 U.S.C. 1782(c)); 

16 (2) shall be managed in accordance with— 

17 (A) land management plans adopted under 

18 section 202 of that Act (43 U.S.C. 1712); and 

19 (B) existing cooperative conservation 

20 agreements; and 

21 (3) shall be subject to the Endangered Species 

22 Act of 1973 (16 U.S.C. 1531 et seq.). 

23 SEC. 206. WILDLIFE MANAGEMENT. 

24 (a) IN GENERAL.—In accordance with section 

25 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

26 nothing in this title affects or diminishes the jurisdiction 


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1 of the State with respect to fish and wildlife management, 

2 including the regulation of hunting, fishing, and trapping, 

3 in the wilderness areas designated by this title. 

4 (b) MANAGEMENT ACTIVITIES.—In furtherance of 

5 the purposes and principles of the Wilderness Act, man6 agement activities to maintain or restore fish and wildlife 

7 populations and the habitats to support such populations 

8 may be carried out within wilderness areas designated by 

9 this title where consistent with relevant wilderness man10 agement plans, in accordance with appropriate policies 

11 such as those set forth in Appendix B of House Report 

12 101–405, including the occasional and temporary use of 

13 motorized vehicles, if such use, as determined by the Sec14 retary, would promote healthy, viable, and more naturally 

15 distributed wildlife populations that would enhance wilder16 ness values and accomplish those purposes with the min17 imum impact necessary to reasonably accomplish the task. 

18 (c) EXISTING ACTIVITIES.—Consistent with section 

19 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)) and 

20 in accordance with appropriate policies such as those set 

21 forth in Appendix B of House Report 101–405, the State 

22 may continue to use aircraft, including helicopters, to sur23 vey, capture, transplant, monitor, and provide water for 

24 wildlife populations. 


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1 (d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 

2 Subject to subsection (f), the Secretary shall authorize 

3 structures and facilities, including existing structures and 

4 facilities, for wildlife water development projects, including 

5 guzzlers, in the wilderness areas designated by this title 

6 if— 

7 (1) the structures and facilities will, as deter8 mined by the Secretary, enhance wilderness values 

9 by promoting healthy, viable, and more naturally 

10 distributed wildlife populations; and 

11 (2) the visual impacts of the structures and fa12 cilities on the wilderness areas can reasonably be 

13 minimized. 

14 (e) HUNTING, FISHING, AND TRAPPING.—In con15 sultation with the appropriate State agency (except in 

16 emergencies), the Secretary may designate by regulation 

17 areas in which, and establish periods during which, for 

18 reasons of public safety, administration, or compliance 

19 with applicable laws, no hunting, fishing, or trapping will 

20 be permitted in the wilderness areas designated by this 

21 title. 

22 (f) COOPERATIVE AGREEMENT.—Not later than 1 

23 year after the date of enactment of this Act, the Secretary 

24 shall enter into a cooperative agreement with the State 

25 that specifies the terms and conditions under which the 


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1 State or a designee of the State may carry out wildlife 

2 management activities in the wilderness areas designated 

3 by this title. 

4 SEC. 207. WILDFIRE MANAGEMENT. 

5 Consistent with section 4 of the Wilderness Act (16 

6 U.S.C. 1133), nothing in this title precludes a Federal, 

7 State, or local agency from conducting wildfire and man8 agement operations (including operations using aircraft or 

9 mechanized equipment) to manage wildfires in the wilder10 ness areas designated by this title. 

11 SEC. 208. CLIMATOLOGICAL DATA COLLECTION. 

12 Subject to such terms and conditions as the Secretary 

13 may prescribe, nothing in this title precludes the installa14 tion and maintenance of hydrologic, meteorologic, or cli15 matological collection devices in the wilderness areas des16 ignated by this title if the facilities and access to the facili17 ties are essential to flood warning, flood control, and water 

18 reservoir operation activities. 

19 SEC. 209. NATIONAL PARK SERVICE LAND. 

20 To the extent any of the provisions of this title con21 flict with the laws applicable to the National Park Service 

22 for Zion National Park, the laws shall control. 


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1 TITLE III—WILD AND SCENIC 

2 RIVER DESIGNATION 

3 SEC. 301. ZION NATIONAL PARK WILD AND SCENIC RIVERS. 

4 (a) DESIGNATION.—Section 3(a) of the Wild and 

5 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add6 ing at the end the following: 

7 ‘‘(167) ZION NATIONAL PARK, UTAH.—The ap8 proximately 165.5 miles of segments of the Virgin 

9 River and tributaries of the Virgin River across Fed10 eral land within and adjacent to Zion National Park, 

11 to be administered by the Secretary of the Interior, 

12 subject to, and in accordance with, the agreement 

13 between the United States, the State of Utah, the 

14 Washington County Water Conservancy District, 

15 and the Kane County Water Conservancy District 

16 entitled ‘Zion National Park Water Rights Settle17 ment Agreement’ and dated December 4, 1996, in 

18 the following classifications: 

19 ‘‘(A) TAYLOR CREEK.—The 4.5-mile seg20 ment from the junction of the north, middle, 

21 and south forks of Taylor Creek, west to the 

22 park boundary and adjacent land rim-to-rim, as 

23 a scenic river. 

24 ‘‘(B) NORTH FORK OF TAYLOR CREEK.— 

25 The segment from the head of North Fork to 


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1 the junction with Taylor Creek and adjacent 

2 land rim-to-rim, as a wild river. 

3 ‘‘(C) MIDDLE FORK OF TAYLOR CREEK.— 

4 The segment from the head of Middle Fork on 

5 Bureau of Land Management land to the junc6 tion with Taylor Creek and adjacent land rim7 to-rim, as a wild river. 

8 ‘‘(D) SOUTH FORK OF TAYLOR CREEK.— 

9 The segment from the head of South Fork to 

10 the junction with Taylor Creek and adjacent 

11 land rim-to-rim, as a wild river. 

12 ‘‘(E) TIMBER CREEK AND TRIBUTARIES.— 

13 The 3.1-mile segment from the head of Timber 

14 Creek and tributaries of Timber Creek to the 

15 junction with LaVerkin Creek and adjacent 

16 land rim-to-rim, as a wild river. 

17 ‘‘(F) LAVERKIN CREEK.—The 16.1-mile 

18 segment beginning in T. 38 S., R. 11 W., sec. 

19 21, on Bureau of Land Management land, 

20 southwest through Zion National Park, and 

21 ending at the south end of T. 40 S., R. 12 W., 

sec. 7, and adjacent land 1 22 ⁄2-mile wide, as a 

23 wild river. 

24 ‘‘(G) WILLIS CREEK.—The 1.9-mile seg25 ment beginning on Bureau of Land ManageVerDate Aug 31 2005 23:57 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3636.IS S3636

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1 ment land in the SWSW sec. 27, T. 38 S., R. 

2 11 W., to the junction with LaVerkin Creek in 

3 Zion National Park and adjacent land rim-to4 rim, as a wild river. 

5 ‘‘(H) BEARTRAP CANYON.—The 2.3-mile 

6 segment beginning on Bureau of Management 

7 land in the SWNW sec. 3, T. 39 S., R. 11 W., 

8 to the junction with LaVerkin Creek and the 

9 segment from the headwaters north of Long 

10 Point to the junction with LaVerkin Creek and 

11 adjacent land rim-to-rim, as a wild river. 

12 ‘‘(I) HOP VALLEY CREEK.—The 3.3-mile 

13 segment beginning at the southern boundary of 

14 T. 39 S., R. 11 W., sec. 20, to the junction 

with LaVerkin Creek and adjacent land 1 15 ⁄2-mile 

16 wide, as a wild river. 

17 ‘‘(J) CURRENT CREEK.—The 1.4-mile seg18 ment from the head of Current Creek to the 

19 junction with LaVerkin Creek and adjacent 

20 land rim-to-rim, as a wild river. 

21 ‘‘(K) CANE CREEK.—The 0.6-mile segment 

22 from the head of Smith Creek to the junction 

with LaVerkin Creek and adjacent land 1 23 ⁄2-mile 

24 wide, as a wild river. 


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1 ‘‘(L) SMITH CREEK.—The 1.3-mile seg2 ment from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 1 3 ⁄2- 

4 mile wide, as a wild river. 

5 ‘‘(M) NORTH CREEK LEFT AND RIGHT

6 FORKS.—The segment of the Left Fork from 

7 the junction with Wildcat Canyon to the junc8 tion with Right Fork, from the head of Right 

9 Fork to the junction with Left Fork, and from 

10 the junction of the Left and Right Forks south11 west to Zion National Park boundary and adja12 cent land rim-to-rim, as a wild river. 

13 ‘‘(N) WILDCAT CANYON (BLUE CREEK).— 

14 The segment of Blue Creek from the Zion Na15 tional Park boundary to the junction with the 

16 Right Fork of North Creek and adjacent land 

17 rim-to-rim, as a wild river. 

18 ‘‘(O) LITTLE CREEK.—The segment begin19 ning at the head of Little Creek to the junction 

20 with the Left Fork of North Creek and adjacent land 1 21 ⁄2-mile wide, as a wild river. 

22 ‘‘(P) RUSSELL GULCH.—The segment 

23 from the head of Russell Gulch to the junction 

24 with the Left Fork of North Creek and adja25 cent land rim-to-rim, as a wild river. 


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1 ‘‘(Q) GRAPEVINE WASH.—The 2.6-mile 

2 segment from the Lower Kolob Plateau to the 

3 junction with the Left Fork of North Creek and 

4 adjacent land rim-to-rim, as a scenic river. 

5 ‘‘(R) PINE SPRING WASH.—The 4.6-mile 

6 segment to the junction with the left fork of 

North Creek and adjacent land 1 7 ⁄2-mile, as a 

8 scenic river. 

9 ‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile 

10 segment from the head of Wolf Springs Wash 

11 to the junction with Pine Spring Wash and adjacent land 1 12 ⁄2-mile wide, as a scenic river. 

13 ‘‘(T) KOLOB CREEK.—The 5.9-mile seg14 ment of Kolob Creek beginning in T. 39 S., R. 

15 10 W., sec. 30, through Bureau of Land Man16 agement land and Zion National Park land to 

17 the junction with the North Fork of the Virgin 

18 River and adjacent land rim-to-rim, as a wild 

19 river. 

20 ‘‘(U) OAK CREEK.—The 1-mile stretch of 

21 Oak Creek beginning in T. 39 S., R. 10 W., 

22 sec. 19, to the junction with Kolob Creek and 

23 adjacent land rim-to-rim, as a wild river. 

24 ‘‘(V) GOOSE CREEK.—The 4.6-mile seg25 ment of Goose Creek from the head of Goose 


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1 Creek to the junction with the North Fork of 

2 the Virgin River and adjacent land rim-to-rim, 

3 as a wild river. 

4 ‘‘(W) DEEP CREEK.—The 5.3-mile seg5 ment of Deep Creek beginning on Bureau of 

6 Land Management land at the northern bound7 ary of T. 39 S., R. 10 W., sec. 23, south to the 

8 junction of the North Fork of the Virgin River 

9 and adjacent land rim-to-rim, as a wild river. 

10 ‘‘(X) NORTH FORK OF THE VIRGIN

11 RIVER.—The 10.8-mile segment of the North 

12 Fork of the Virgin River beginning on Bureau 

13 of Land Management land at the eastern bor14 der of T. 39 S., R. 10 W., sec. 35, to Temple 

15 of Sinawava and adjacent land rim-to-rim, as a 

16 wild river. 

17 ‘‘(Y) NORTH FORK OF THE VIRGIN

18 RIVER.—The 8-mile segment of the North Fork 

19 of the Virgin River from Temple of Sinawava 

20 south to the Zion National Park boundary and 

adjacent land 1 21 ⁄2-mile wide, as a scenic river. 

22 ‘‘(Z) IMLAY CANYON.—The segment from 

23 the head of Imlay Creek to the junction with 

24 the North Fork of the Virgin River and adja25 cent land rim-to-rim, as a wild river. 


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1 ‘‘(AA) ORDERVILLE CANYON.—The seg2 ment from the eastern boundary of Zion Na3 tional Park to the junction with the North Fork 

4 of the Virgin River and adjacent land rim-to5 rim, as a wild river. 

6 ‘‘(BB) MYSTERY CANYON.—The segment 

7 from the head of Mystery Canyon to the junc8 tion with the North Fork of the Virgin River 

9 and adjacent land rim-to-rim, as a wild river. 

10 ‘‘(CC) ECHO CANYON.—The segment from 

11 the eastern boundary of Zion National Park to 

12 the junction with the North Fork of the Virgin 

13 River and adjacent land rim-to-rim, as a wild 

14 river. 

15 ‘‘(DD) BEHUNIN CANYON.—The segment 

16 from the head of Behunin Canyon to the junc17 tion with the North Fork of the Virgin River 

18 and adjacent land rim-to-rim, as a wild river. 

19 ‘‘(EE) HEAPS CANYON.—The segment 

20 from the head of Heaps Canyon to the junction 

21 with the North Fork of the Virgin River and 

22 adjacent land rim-to-rim, as a wild river. 

23 ‘‘(FF) BIRCH CREEK.—The segment from 

24 the head of Birch Creek to the junction with 


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•S 3636 IS

1 the North Fork of the Virgin River and adjacent land 1 2 ⁄2-mile wide, as a wild river. 

3 ‘‘(GG) OAK CREEK.—The segment of Oak 

4 Creek from the head of Oak Creek to where the 

forks join and adjacent land 1 5 ⁄2-mile wide, as a 

6 wild river. 

7 ‘‘(HH) OAK CREEK.—The 1-mile segment 

8 of Oak Creek from the point at which the 2 

9 forks of Oak Creek join to the junction with the 

10 North Fork of the Virgin River and adjacent 

land 1 11 ⁄2-mile wide, as a recreational river. 

12 ‘‘(II) CLEAR CREEK.—The 6.4-mile seg13 ment of Clear Creek from the eastern boundary 

14 of Zion National Park to the junction with Pine 

15 Creek and adjacent land rim-to-rim, as a rec16 reational river. 

17 ‘‘(JJ) PINE CREEK.—The 2-mile segment 

18 of Pine Creek from the head of Pine Creek to 

19 the junction with Clear Creek and adjacent land 

20 rim-to-rim, as a wild river. 

21 ‘‘(KK) PINE CREEK.—The 3-mile segment 

22 of Pine Creek from the junction with Clear 

23 Creek to the junction with the North Fork of 

24 the Virgin River and adjacent land rim-to-rim, 

25 as a recreational river. 


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1 ‘‘(LL) EAST FORK OF THE VIRGIN

2 RIVER.—The 8-mile segment of the East Fork 

3 of the Virgin River from the eastern boundary 

4 of Zion National Park through Parunuweap 

5 Canyon to the western boundary of Zion National Park and adjacent land 1 6 ⁄2-mile wide, as 

7 a wild river. 

8 ‘‘(MM) SHUNES CREEK.—The 3-mile seg9 ment of Shunes Creek from the dry waterfall on 

10 land administered by the Bureau of Land Man11 agement through Zion National Park to the 

12 western boundary of Zion National Park and 

adjacent land 1 13 ⁄2-mile wide as a wild river.’’. 

14 (b) INCORPORATION OF ACQUIRED NON-FEDERAL

15 LAND.—If the United States acquires any non-Federal 

16 land within or adjacent to Zion National Park that in17 cludes a river segment that is contiguous to a river seg18 ment of the Virgin River designated as a wild, scenic, or 

19 recreational river by paragraph (167) of section 3(a) of 

20 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the 

21 acquired river segment shall be incorporated in, and be 

22 administered as part of, the applicable wild, scenic, or rec23 reational river. 


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1 TITLE IV—UTILITY CORRIDORS 

2 SEC. 401. UTILITY CORRIDORS AND RIGHTS-OF WAY. 

3 (a) UTILITY CORRIDOR.— 

4 (1) IN GENERAL.—Consistent with title II and 

5 notwithstanding sections 202 and 503 of the Federal 

6 Land Policy and Management Act of 1976 (43 

7 U.S.C. 1712, 1763), the Secretary shall establish on 

8 public land— 

9 (A) corridors for utilities, water infrastruc10 ture, and transportation purposes, in the Coun11 ty, as generally depicted on the Central Map, 

12 Eastern Map, and Western Map; and 

13 (B) a corridor for transportation purposes 

14 in the County, to be identified by the Secretary, 

15 after— 

16 (i) consultation with the County and 

17 the Habitat Conservation Advisory Com18 mittee; 

19 (ii) complying with the National Envi20 ronmental Policy Act of 1969 (42 U.S.C. 

21 4321 et seq.); and 

22 (iii) evaluating, at a minimum— 

23 (I) a corridor within the Red 

24 Cliffs National Conservation Area es25 tablished by section 604(a), beginning 


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1 on the western boundary of the Con2 servation Area at a point, to be identi3 fied by the Secretary, between Dia4 mond Valley and Winchester Hills, 

5 and ending on the eastern boundary 

6 of the Conversation Area at a point, 

7 to be identified by the Secretary, be8 tween milepost 10 and milepost 16 of 

9 Interstate 15; and 

10 (II) a corridor outside the Red 

11 Cliffs National Conservation Area. 

12 (2) WIDTH.—The utility corridors established 

13 under paragraph (1) shall be— 

14 (A) 2,640-feet wide; or 

15 (B) if the St. George Field Office Resource 

16 Management Plan of 1999 provides for a width 

17 other than 2,640 feet in a particular portion of 

18 the corridor, the width provided by the Plan for 

19 the particular portion. 

20 (b) RIGHTS-OF-WAY.— 

21 (1) IN GENERAL.—Notwithstanding sections 

22 202 and 503 of the Federal Land Policy and Man23 agement Act of 1976 (43 U.S.C. 1712, 1763), and 

24 subject to valid and existing rights, the Secretary 

25 shall grant to the County and the Washington CounVerDate Aug 31 2005 23:57 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3636.IS S3636

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1 ty Water Conservancy District nonexclusive rights2 of-way to nonwilderness Federal land in the County, 

3 as generally depicted on the Central Map and East4 ern Map, for any reservoirs, canals, channels, 

5 ditches, pipes, pipelines, tunnels, wells, well fields, 

6 pump stations, storage facilities, and other facilities 

7 and systems that are necessary for— 

8 (A) the impoundment, storage, treatment, 

9 transportation, or distribution of water or 

10 wastewater; or 

11 (B) flood control management. 

12 (2) APPLICABLE REQUIREMENTS.—Any right13 of-way granted under paragraph (1) shall be con14 sistent with any general plan adopted by the County. 

15 (3) DURATION; WAIVER OF FEES.—A right-of16 way granted under paragraph (1)— 

17 (A) shall be valid in perpetuity; and 

18 (B) shall not require the payment of rental 

19 fees. 

20 (4) COMPLIANCE WITH NEPA.—Before granting 

21 a right-of-way under paragraph (1), the Secretary 

22 shall comply with the National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4321 et seq.), including the 

24 identification of potential impacts to fish and wildlife 

25 resources and habitat. 


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•S 3636 IS

1 (c) STATE WATER LAW.—Nothing in this title 

2 shall— 

3 (1) prejudice the decisions or abrogate the ju4 risdiction of the Utah State Engineer with respect to 

5 the appropriation, permitting, certification, or adju6 dication of water rights; 

7 (2) preempt State water law; or 

8 (3) limit or supersede existing water rights or 

9 interest in water rights under State law. 

10 (d) WITHDRAWAL.—Subject to valid existing rights, 

11 the areas designated as utility corridors or rights-of-way 

12 by subsections (a) and (b) are withdrawn from location, 

13 entry, and patent under the mining laws. 

14 TITLE V—HIGH DESERT OFF15 HIGHWAY VEHICLE TRAIL 

16 SEC. 501. HIGH DESERT OFF-HIGHWAY VEHICLE TRAIL. 

17 (a) DEFINITIONS.—In this section: 

18 (1) TRAIL.—The term ‘‘Trail’’ means the High 

19 Desert Off-Highway Vehicle Trail designated under 

20 subsection (c). 

21 (2) TRAVEL PLAN.—The term ‘‘travel plan’’ 

22 means the travel plan developed under subsection 

23 (b). 

24 (b) TRAVEL PLAN.—Not later than 2 years after the 

25 date of enactment of this Act, the Secretary and the SecVerDate Aug 31 2005 23:57 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3636.IS S3636

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1 retary of Agriculture shall jointly complete a travel plan 

2 that identifies routes for the Trail. 

3 (c) DESIGNATION OF TRAIL.—Not later than 30 days 

4 after the date on which the travel plan is completed under 

5 subsection (b), the Secretary and the Secretary of Agri6 culture shall jointly designate a system of trails, identified 

7 in the travel plan, to be known as the ‘‘High Desert Off8 Highway Vehicle Trail’’. 

9 (d) REQUIREMENTS.—To be eligible for inclusion in 

10 the Trail, a route shall be— 

11 (1) open to motorized and mechanized uses on 

12 and after the date of enactment of this Act; and 

13 (2) located on land managed by the Director of 

14 the Bureau of Land Management or the Chief of the 

15 Forest Service. 

16 (e) MANAGEMENT.— 

17 (1) IN GENERAL.—The Secretary or the Sec18 retary of Agriculture shall manage portions of the 

19 Trail under the jurisdiction of the Secretary or the 

20 Secretary of Agriculture, as appropriate, in a man21 ner that— 

22 (A) is consistent with motorized and 

23 mechanized use of the Trail that is authorized 

24 on the date of enactment of this Act pursuant 


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•S 3636 IS

1 to applicable Federal and State laws and regu2 lations; 

3 (B) ensures the safety of the people who 

4 use the Trail; and 

5 (C) does not damage sensitive habitat or 

6 cultural resources. 

7 (2) MANAGEMENT PLAN.— 

8 (A) IN GENERAL.—Not later than 2 years 

9 after the date on which the travel plan is com10 pleted under subsection (b), the Secretary and 

11 the Secretary of Agriculture, in consultation 

12 with the State, the County, and any other inter13 ested persons, shall jointly complete a manage14 ment plan for the Trail that includes a descrip15 tion of the routes identified in the travel plan 

16 for inclusion in the Trail. 

17 (B) COMPONENTS.—The management plan 

18 shall— 

19 (i) describe the appropriate uses and 

20 management of the Trail; 

21 (ii) authorize the use of motorized and 

22 mechanized vehicles on the Trail; and 

23 (iii) describe actions carried out to pe24 riodically evaluate and manage the appro25 priate levels of use and location of the 


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•S 3636 IS

1 Trail to minimize environmental impacts 

2 and prevent damage to cultural resources 

3 from the use of the Trail. 

4 (3) MONITORING AND EVALUATION.— 

5 (A) ANNUAL ASSESSMENT.—The Secretary 

6 and the Secretary of Agriculture shall annually 

7 assess the effects of the use of off-highway vehi8 cles on the Trail on land and, in consultation 

9 with the Utah Department of Natural Re10 sources, assess the effects of the Trail on wild11 life and wildlife habitat to minimize environ12 mental impacts and prevent damage to cultural 

13 resources from the use of the Trail. 

14 (B) CLOSURE.—Subject to valid existing 

15 rights, the Secretary and the Secretary of Agri16 culture, as appropriate, in consultation with the 

17 State and the County, may temporarily close or 

18 permanently reroute, subject to subparagraph 

19 (C), a portion of the Trail if the Secretary de20 termines that— 

21 (i) the Trail is having an adverse im22 pact on— 

23 (I) natural resources; or 

24 (II) cultural resources; 

25 (ii) the Trail threatens public safety; 


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•S 3636 IS

1 (iii) closure of the Trail is necessary 

2 to repair damage to the Trail; or 

3 (iv) closure of the Trail is necessary 

4 to repair resource damage. 

5 (C) REROUTING.—Portions of the Trail 

6 that are temporarily closed may be permanently 

7 rerouted along existing roads and trails on pub8 lic land currently open to motorized use if the 

9 Secretary determines, after consultation with 

10 the Utah Department of Natural Resources, 

11 that such rerouting will not significantly in12 crease or decrease the length of the Trail. 

13 (D) NOTICE.—The Secretary and the Sec14 retary of Agriculture shall provide information 

15 to the public regarding any routes on the Trail 

16 that are closed under subparagraph (B), includ17 ing by providing appropriate signage along the 

18 Trail. 

19 (4) NOTICE OF OPEN ROUTES.—The Secretary 

20 and the Secretary of Agriculture shall ensure that 

21 visitors to the Trail have access to adequate notice 

22 regarding the routes on the Trail that are open 

23 through use of appropriate signage along the Trail 

24 and through the distribution of maps, safety edu25 cation materials, and other information considered 


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•S 3636 IS

1 appropriate by the Secretary and the Secretary of 

2 Agriculture. 

3 (f) NO EFFECT ON NON-FEDERAL LAND AND IN4 TERESTS IN LAND.—Nothing in this section shall be con5 strued to affect ownership, management, or other rights 

6 related to non-Federal land or interests in land. 

7 (g) MAP ON FILE.—The appropriate maps shall be 

8 kept on file at the appropriate offices of the Secretary and 

9 the Secretary of Agriculture. 

10 TITLE VI—RED CLIFFS NA11 TIONAL CONSERVATION AREA 

12 SEC. 601. SHORT TITLE. 

13 This title may be cited as the ‘‘Red Cliffs National 

14 Conservation Area Act’’. 

15 SEC. 602. PURPOSE. 

16 The purpose of this title is to establish the Red Cliffs 

17 National Conservation Area— 

18 (1) to conserve, protect, and enhance for the 

19 benefit and enjoyment of present and future genera20 tions the ecological resources, wildlife, endangered 

21 species, and recreational resources of the Conserva22 tion Area, in accordance with the management plan; 

23 and 


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•S 3636 IS

1 (2) to serve the needs of communities in the vi2 cinity of the Conservation Area, in accordance with 

3 the management plan. 

4 SEC. 603. DEFINITIONS. 

5 In this title: 

6 (1) CONSERVATION AREA.—The term ‘‘Con7 servation Area’’ means the Red Cliffs National Con8 servation Area established by section 604(a). 

9 (2) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means— 

11 (A) the management plan entitled the 

12 ‘‘Washington County Habitat Conservation 

13 Plan’’ and dated December 1995, as approved 

14 by the Director of the United States Fish and 

15 Wildlife Service on February 23, 1996; and 

16 (B) the St. George Field Office Resource 

17 Management Plan of March 15, 1999. 

18 (3) PUBLIC LAND.—The term ‘‘public land’’ 

19 has the meaning given the term ‘‘public lands’’ in 

20 section 103 of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1702). 

22 SEC. 604. ESTABLISHMENT OF THE CONSERVATION AREA. 

23 (a) IN GENERAL.—There is established in the State 

24 the Red Cliffs National Conservation Area. 


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•S 3636 IS

1 (b) AREA INCLUDED.—The Conservation Area shall 

2 consist of approximately 61,473 acres of public land, as 

3 generally depicted on the Central Map. 

4 (c) MAP AND LEGAL DESCRIPTION.— 

5 (1) MAP.—The Central Map shall be on file 

6 and available for public inspection in the appropriate 

7 offices of the Bureau of Land Management. 

8 (2) LEGAL DESCRIPTION.— 

9 (A) IN GENERAL.—As soon as practicable 

10 after the date of enactment of this Act, the Sec11 retary shall submit to the Committee on Energy 

12 and Natural Resources of the Senate and the 

13 Committee on Resources of the House of Rep14 resentatives a legal description of the Conserva15 tion Area. 

16 (B) FORCE AND EFFECT.—The legal de17 scription submitted under subparagraph (A) 

18 shall have the same force and effect as if in19 cluded in this Act, except that the Secretary 

20 may— 

21 (i) correct minor errors in the legal 

22 description; and 

23 (ii) in consultation with the County 

24 and the Habitat Conservation Advisory 

25 Committee, make any minor boundary adVerDate Aug 31 2005 23:57 Jul 12, 2006 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3636.IS S3636

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1 justments that the Secretary, the County, 

2 and the Habitat Conservation Advisory 

3 Committee determine to be necessary. 

4 (C) AVAILABILITY.—The legal description 

5 submitted under subparagraph (A) shall be on 

6 file and available for public inspection in the of7 fice of the Director of the Bureau of Land 

8 Management. 

9 (3) CONFLICT.—If there is a conflict among the 

10 Central Map, the acreage described in subsection 

11 (b), or the legal description submitted under para12 graph (1), the Central Map shall control with re13 spect to determining the boundaries of the Conserva14 tion Area. 

15 SEC. 605. MANAGEMENT. 

16 (a) IN GENERAL.—The Secretary, acting through the 

17 Director of the Bureau of Land Management, shall, sub18 ject to valid existing rights, manage the Conservation 

19 Area— 

20 (1) in a manner that conserves, protects, and 

21 enhances the resources of the Conservation Area de22 scribed in section 602(1); and 

23 (2) in accordance with— 

24 (A) the management plan; 

25 (B) this Act; and 


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1 (C) any other applicable laws. 

2 (b) USE.— 

3 (1) IN GENERAL.—The Secretary shall only 

4 allow uses of the Conservation Area— 

5 (A) in accordance with the St. George 

6 Field Office Resource Management Plan dated 

7 March 15, 1999; 

8 (B) that are described in the Washington 

9 County Habitat Conservation Plan dated De10 cember 1995 (including any appendices to the 

11 plan); 

12 (C) in accordance with the Red Cliffs 

13 Desert Reserve Public Use Plan dated June 12, 

14 2000; and 

15 (D) that the Secretary determines would 

16 further the purposes described in section 602. 

17 (2) MOTORIZED AND MECHANIZED VEHI18 CLES.—Except in cases in which motorized or 

19 mechanized vehicles are needed for administrative 

20 purposes or to respond to an emergency, the use of 

21 motorized or mechanized vehicles in the Conserva22 tion Area shall be permitted only on roads and trails 

23 designated for the use of motorized or mechanized 

24 vehicles. 


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1 (c) PREVENTIVE MEASURES.—Nothing in this Act 

2 precludes any measures that the Secretary determines to 

3 be necessary to prevent devastating fire or infestation of 

4 insects or disease within the Conservation Area. 

5 (d) WATER RIGHTS.— 

6 (1) STATE WATER LAW.—The laws of the State 

7 relating to water rights shall apply to the acquisition 

8 and holding of any water rights in the Conservation 

9 Area that are not in existence as of the date of en10 actment of this Act. 

11 (2) EFFECT.—Nothing in this title— 

12 (A) creates an express or implied reserva13 tion by the United States of any water or water 

14 rights in the Conservation Area; 

15 (B) affects any water rights in the State 

16 (including any water rights held by the United 

17 States) in existence on the date of enactment of 

18 this Act; 

19 (C) establishes a precedent with regard to 

20 any future conservation area designations; 

21 (D) affects the interpretation of, or any 

22 designation made pursuant to, any other Act; 

23 (E) limits, alters, modifies, or amends any 

24 interstate compact or equitable apportionment 


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1 decree that apportions water among and be2 tween the State and other States; or 

3 (F) prohibits the funding of, assistance 

4 with, authorizing of, or issuance of a license, 

5 permit, easement, or right-of-way for the devel6 opment of any new water resource facility with7 in the Conservation Area consistent with utility 

8 development protocols provided in the manage9 ment plan. 

10 SEC. 606. MANAGEMENT PLAN AMENDMENTS. 

11 (a) IN GENERAL.—The management plan may be 

12 amended as the Secretary determines to be necessary to 

13 achieve the purposes of the Conservation Area described 

14 in section 602. 

15 (b) REQUIREMENTS.—Any amendments to the man16 agement plan adopted under subsection (a) shall comply 

17 with the procedures for amendments outlined in the man18 agement plan, including the requirements that any amend19 ments shall— 

20 (1) be developed with full public participation; 

21 and 

22 (2) take into consideration affected landowners, 

23 Federal, State, and local agencies, and affected In24 dian tribes. 


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1 SEC. 607. ACQUISITION OF ADDITIONAL LAND. 

2 (a) IN GENERAL.—The Secretary may acquire land 

3 or interests in land in the Conservation Area— 

4 (1) by donation; 

5 (2) by purchase with donated or appropriated 

6 funds; 

7 (3) in exchange for Federal land outside the 

8 Conservation Area, in accordance with— 

9 (A) section 206 of the Federal Land Man10 agement and Policy Act of 1976 (43 U.S.C. 

11 1716); and 

12 (B) any other applicable law; 

13 (4) with the concurrence of the appropriate 

14 agency head, transfer from another Federal agency; 

15 or 

16 (5) in accordance with section 103(a)(4)(B)(i). 

17 (b) STATE LAND.—Land or interests in land owned 

18 by the State or a political subdivision of the State may 

19 only be acquired by donation, exchange, or purchase. 

20 (c) PRIVATE LAND.—Private land or interests in pri21 vate land may only be acquired from willing sellers. 

22 (d) SUBSEQUENT ACQUISITION.—Any land or inter23 ests in land within the boundaries of the Conservation 

24 Area that is acquired after the date of enactment of this 

25 Act shall be— 


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1 (1) incorporated into the Conservation Area; 

2 and 

3 (2) managed as part of the Conservation Area, 

4 in accordance with— 

5 (A) this Act; and 

6 (B) any other applicable laws. 

7 SEC. 608. WITHDRAWAL. 

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

9 all public land in the Conservation Area is withdrawn 

10 from— 

11 (1) all forms of entry, appropriation, and dis12 posal under the public land laws; 

13 (2) location, entry, and patent under the mining 

14 laws; and 

15 (3) operation of the mineral leasing, geothermal 

16 leasing, and mineral materials laws. 

17 (b) ADDITIONAL LAND.—Notwithstanding any other 

18 provision of law, if the Secretary acquires additional land 

19 within the Conservation Area after the date of enactment 

20 of this Act, the land is withdrawn from operation of the 

21 laws referred to in subsection (a) on the date of acquisition 

22 of the land. 

23 SEC. 609. COOPERATIVE AGREEMENTS. 

24 The Secretary may enter into cooperative agreements 

25 with other Federal agencies, State and local agencies, and 


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1 nonprofit entities that provide for the management and 

2 interpretation of natural and cultural resources in the 

3 Conservation Area. 

4 SEC. 610. NO BUFFER ZONES. 

5 (a) IN GENERAL.—The establishment of the Con6 servation Area shall not create protective perimeters or 

7 buffer zones around the Conservation Area. 

8 (b) PRIVATE LAND.—If the use of, or conduct of an 

9 activity on, private land outside the boundaries of the Con10 servation Area is consistent with applicable law, nothing 

11 in this title concerning the establishment of the Conserva12 tion Area shall prohibit or limit the use or conduct of the 

13 activity. 

14 TITLE VII—AUTHORIZATION OF 

15 APPROPRIATIONS 

16 SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

18 as are necessary to carry out this Act. 

Æ 


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