I
104TH CONGRESS
1ST SESSION
H. R. 1745
To designate certain public lands in the State of Utah as wilderness, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 1995
Mr. HANSEN (for himself and Mrs. WALDHOLTZ) introduced the following bill;
which was referred to the Committee on Resources
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 Representa-
tives 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 wilder-
ness and therefore as components of the National Wilder-
ness Preservation System:
(1) Certain lands in the Desolation Canyon Wil-
derness Study Area comprised of approximately
254,478 acres, as generally depicted on a map enti-
tled ‘‘Desolation Canyon Wilderness—Proposed’’
and dated llll, and which shall be known as
the Desolation Canyon Wilderness.
(2) Certain lands in the San Rafael Reef Wil-
derness Study Area comprised of approximately
47,786 acres, as generally depicted on a map enti-
tled ‘‘San Rafael Reef Wilderness—Proposed’’ and
dated llll, and which shall be known as the
San Rafael Reef Wilderness.
(3) Certain lands in the Horseshoe Canyon Wil-
derness Study Area (North) comprised of approxi-
mately 22,943 acres, as generally depicted on a map
entitled ‘‘Horseshoe/Labyrinth Canyon Wilderness—
Proposed’’ and dated llll, and which shall be
known as the Horseshoe/Labyrinth Canyon Wilder-
ness.
(4) Certain lands in the Crack Canyon Wilder-
ness Study Area comprised of approximately 20,322
acres, as generally depicted on a map entitled
‘‘Crack Canyon Wilderness—Proposed’’ and dated
llll, and which shall be known as the Crack
Canyon Wilderness.
(5) Certain lands in the Muddy Creek Wilder-
ness Study Area comprised of approximately 37,244
acres, as generally depicted on a map entitled
‘‘Muddy Creek Wilderness—Proposed’’ and dated
llll, and which shall be known as the Muddy
Creek Wilderness.
(6) Certain lands in the Sids Mountain Wilder-
ness Study Area comprised of approximately 41,154
acres, as generally depicted on a map entitled ‘‘Sids
Mountain 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Sids
Mountain Wilderness.
(7) Certain lands in the Mexican Mountain Wil-
derness Study Area comprised of approximately
34,107 acres, as generally depicted on a map enti-
tled ‘‘Mexican Mountain Wilderness—Proposed’’ and
dated llll, 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 enti-
tled ‘‘Phipps-Death Hollow Wilderness—Proposed’’
and dated llll, 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
llll, and which shall be known as the Steep
Creek Wilderness.
(10) Certain lands in the North Escalante Can-
yons/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 llll,
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 ‘‘Scor-
pion Wilderness—Proposed’’ and dated llll,
and which shall be known as the Scorpion Wilder-
ness.
(12) Certain lands in the Mt. Ellen-Blue Hills
Wilderness Study Area comprised of approximately
62,663 acres, as generally depicted on a map enti-
tled ‘‘Mt. Ellen-Blue Hills Wilderness—Proposed’’
and dated llll, and which shall be known as
the Mt. Ellen-Blue Hills Wilderness.
(13) Certain lands in the Bull Mountain Wil-
derness Study Area comprised of approximately
11,424 acres, as generally depicted on a map enti-
tled ‘‘Bull Mountain Wilderness—Proposed’’ and
dated llll, and which shall be known as the
Bull Mountain Wilderness.
(14) Certain lands in the Fiddler Butte Wilder-
ness Study Area comprised of approximately 22,180
acres, as generally depicted on a map entitled ‘‘Fid-
dler 
Butte 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Fiddler
Butte Mountain Wilderness.
(15) Certain lands in the Mt. Pennell Wilder-
ness Study Area comprised of approximately 18,620
acres, as generally depicted on a map entitled ‘‘Mt.
Pennell 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Mt.
Pennell Wilderness.
(16) Certain lands in the Mt. Hillers Wilder-
ness Study Area comprised of approximately 14,746
acres, as generally depicted on a map entitled ‘‘Mt.
Hillers Wilderness—Proposed’’ and dated llll,
and which shall be known as the Mt. Hillers Wilder-
ness.
(17) Certain lands in the Little Rockies Wilder-
ness Study Area comprised of approximately 48,928
acres, as generally depicted on a map entitled ‘‘Lit-
tle 
Rockies 
Wilderness—Proposed’’ 
and 
dated
llll, 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 llll, 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 llll, and which shall be known as the
Negro Bill Canyon Wilderness.
(20) Certain lands in the Floy Canyon Wilder-
ness Study Area comprised of approximately 28,290
acres, as generally depicted on a map entitled ‘‘Floy
Canyon 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Floy
Canyon Wilderness.
(21) Certain lands in the Coal Canyon Wilder-
ness 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
llll, and which shall be known as the Coal/
Spruce Canyon Wilderness.
(22) Certain lands in the Flume Canyon Wil-
derness Study Area comprised of approximately
31,568 acres, as generally depicted on a map enti-
tled ‘‘Flume Canyon Wilderness—Proposed’’ and
dated llll, 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 enti-
tled ‘‘Westwater Canyon Wilderness—Proposed’’
and dated llll, and which shall be known as
the Westwater Canyon Wilderness.
(24) Certain lands in the Beaver Creek Wilder-
ness Study Area comprised of approximately 24,531
acres, as generally depicted on a map entitled ‘‘Bea-
ver 
Creek 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Beaver
Creek Wilderness.
(25) Certain lands in the Fish Springs Wilder-
ness Study Area comprised of approximately 36,142
acres, as generally depicted on a map entitled ‘‘Fish
Springs 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Fish
Springs Wilderness.
(26) Certain lands in the Swasey Mountain Wil-
derness Study Area comprised of approximately
34,803 acres, as generally depicted on a map enti-
tled ‘‘Swasey Mountain Wilderness—Proposed’’ and
dated llll, 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 enti-
tled ‘‘Parunuweap Canyon Wilderness—Proposed’’
and dated llll, 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 enti-
tled ‘‘Canaan Mountain Wilderness—Proposed’’ and
dated llll, and which shall be known as the
Canaan Mountain Wilderness.
(29) Certain lands in the Paria-Hackberry Wil-
derness Study Area comprised of approximately
57,641 acres, as generally depicted on a map enti-
tled ‘‘Paria-Hackberry Wilderness—Proposed’’ and
dated llll, and which shall be known as the
Paria-Hackberry Wilderness.
(30) Certain lands in the Escalante Canyon
Tract 5 Wilderness Study Area comprised of ap-
proximately 756 acres, as generally depicted on a
map entitled ‘‘Escalante Canyon Tract 5 Wilder-
ness—Proposed’’ and dated llll, 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 enti-
tled ‘‘Fifty Mile Mountain Wilderness—Proposed’’
and dated llll, and which shall be known as
the Fifty Mile Mountain Wilderness.
(32) Certain lands in the Howell Peak Wilder-
ness comprised of approximately 14,518 acres, as
generally depicted on a map entitled ‘‘Howell Peak
Wilderness—Proposed’’ and dated llll, and
which shall be known as the Howell Peak Wilder-
ness.
(33) Certain lands in the Notch Peak Wilder-
ness Study Area comprised of approximately 28,778
acres, as generally depicted on a map entitled
‘‘Notch Peak Wilderness—Proposed’’ and dated
llll, 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 enti-
tled ‘‘Wah Wah Mountains Wilderness—Proposed’’
and dated llll, and which shall be known as
the Wah Wah Wilderness.
(35) Certain lands in the Mancos Mesa Wilder-
ness Study Area comprised of approximately 48,269
acres, as generally depicted on a map entitled
‘‘Mancos Mesa Wilderness—Proposed’’ and dated
llll, and which shall be known as the Mancos
Mesa Wilderness.
(36) Certain lands in the Grand Gulch Wilder-
ness Study Area comprised of approximately 51,110
acres, as generally depicted on a map entitled
‘‘Grand Gulch Wilderness—Proposed’’ and dated
llll, and which shall be known as the Grand
Gulch Wilderness.
(37) Certain lands in the Dark Canyon Wilder-
ness Study Area comprised of approximately 67,099
acres, as generally depicted on a map entitled ‘‘Dark
Canyon 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Dark
Canyon Wilderness.
(38) Certain lands in the Butler Wash Wilder-
ness Study Area comprised of approximately 25,400
acres, as generally depicted on a map entitled ‘‘But-
ler 
Wash 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Butler
Wash Wilderness.
(39) Certain lands in the Indian Creek Wilder-
ness Study Area comprised of approximately 6,769
acres, as generally depicted on a map entitled ‘‘In-
dian 
Creek 
Wilderness—Proposed’’ 
and 
dated
llll, 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 enti-
tled ‘‘Behind the Rocks Wilderness—Proposed’’ and
dated llll, and which shall be known as the
Behind the Rocks Wilderness.
(41) Certain lands in the Cedar Mountains Wil-
derness Study Area comprised of approximately
25,645 acres, as generally depicted on a map enti-
tled ‘‘Cedar Mountains Wilderness—Proposed’’ and
dated llll, and which shall be known as the
Cedar Mountains Wilderness.
(42) Certain lands in the Deep Creek Moun-
tains Wilderness Study Area comprised of approxi-
mately 71,024 acres, as generally depicted on a map
entitled ‘‘Deep Creek Mountains Wilderness—Pro-
posed’’ and dated llll, and which shall be
known as the Deep Creek Mountains Wilderness.
(43) Certain lands in the Nutters Hole Wilder-
ness Study Area comprised of approximately 3,647
acres, as generally depicted on a map entitled ‘‘Nut-
ters 
Hole 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Nutters
Hole Wilderness.
(44) Certain lands in the Cougar Canyon Wil-
derness Study Area comprised of approximately
6,408 acres, including those lands located in the
State of Nevada, as generally depicted on a map en-
titled ‘‘Cougar Canyon Wilderness—Proposed’’ and
dated llll, and which shall be known as the
Cougar Canyon Wilderness.
(45) Certain lands in the Red Mountain Wilder-
ness Study Area comprised of approximately 9,216
acres, as generally depicted on a map entitled ‘‘Red
Mountain 
Wilderness—Proposed’’ 
and 
dated
llll, and which shall be known as the Red
Mountains Wilderness.
(46) Certain lands in the Deep Creek Wilder-
ness Study Area comprised of approximately 3,063
acres, as generally depicted on a map entitled ‘‘Deep
Creek Wilderness—Proposed’’ and dated llll,
and which shall be known as the Deep Creek Wilder-
ness.
(47) Certain lands within the Dirty Devil Wil-
derness Study Area comprised of approximately
75,854 acres, as generally depicted on a map enti-
tled ‘‘Dirty Devil Wilderness—Proposed’’ and dated
llll, and which shall be known as the Dirty
Devil Wilderness.
(48) Certain lands within the Horseshoe Can-
yon South Wilderness Study Area comprised of ap-
proximately 11,392 acres, as generally depicted on a
map entitled ‘‘Horseshoe Canyon South Wilder-
ness—Proposed’’ and dated llll, and which
shall be known as the Horseshoe Canyon South Wil-
derness.
(49) Certain lands in the French Spring-Happy
Canyon Wilderness Study Area comprised of ap-
proximately 12,343 acres, as generally depicted on a
map entitled ‘‘French Spring-Happy Canyon Wilder-
ness—Proposed’’ and dated llll, 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 ‘‘Sec-
retary’’) 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 avail-
able 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 des-
ignated by this Act as wilderness.
(c) LIVESTOCK.—Grazing of livestock in areas des-
ignated 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 af-
fecting the jurisdiction or responsibilities of the State of
Utah with respect to fish and wildlife management activi-
ties, including water development, predator control, trans-
planting animals, stocking fish, hunting, fishing and trap-
ping.
(e) PROHIBITION
OF BUFFER ZONES.—The Con-
gress does not intend that designation of an area as wil-
derness by this Act lead to the creation of protective pe-
rimeters 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 wilder-
ness area.
(f) OIL SHALE RESERVE NUMBER TWO.—The area
known as ‘‘Oil Shale Reserve Number Two’’ within Deso-
lation Canyon Wilderness (as designated by section
2(a)(1)), located in Carbon County, Utah, shall not be re-
served for oil shale purposes after the date of the enact-
ment 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 des-
ignated as wilderness by this Act, the wilderness boundary
shall be set back from the center line of the road as fol-
lows: 300 feet for high standard roads such as paved high-
ways; and 100 feet for roads equivalent to high standard
logging roads and dirt roads used for right-of-way mainte-
nance.
(h) CHERRY-STEMMED ROADS.—(1) Except as pro-
vided 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 re-
quires 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 clo-
sures.
(3) Any road described in paragraph (1) that is main-
tained by an entity other than the United States may con-
tinue 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, in-
cluding motorized access where necessary or customarily
or historically employed on existing routes. The diversion,
carriage and storage capacity as of such date of such exist-
ing water facilities, and the condition of existing access
routes as of such date, may be operated, maintained, re-
paired, 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 des-
ignated as wilderness by this Act and to valid existing
rights on Federal lands, including (but not limited to) ex-
isting water diversion, carriage, storage and ancillary fa-
cilities and livestock grazing improvements and structures.
(3) Facilities, structures and related access routes ex-
isting 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 main-
tain serviceable conditions.
(4) For the purposes of this subsection, reasonable
access includes motorized access where necessary and cus-
tomarily 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 PUR-
CHASE.—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 Fed-
eral 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 wilder-
ness by this Act pursuant to the substantive and proce-
dural requirements of the State of Utah. Nothing in this
Act shall be construed to authorize the use of eminent do-
main by the United States to acquire water rights for such
lands. Within areas designated as wilderness by this Act,