all rights to water granted under the laws of the State
of Utah may be exercised in accordance with the sub-
stantive and procedural requirements of the State of Utah.
(c) EXERCISE
OF
WATER
RIGHTS
GENERALLY
UNDER UTAH LAWS.—Nothing in this Act shall be con-
strued 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 trans-
mission 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, main-
tenance, repair, modification, or replacement of such exist-
ing 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 re-
source 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 re-
sources located within areas designated as wilderness by
this Act, including through mechanical means where nec-
essary 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 Sec-
retary shall assure nonexclusive access from time to time
to those sites by Native Americans for such purposes, in-
cluding (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 pre-
clude low-level overflights over the areas designated as wil-
derness 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 re-
moval of existing communication or electronic tracking
systems from areas designated as wilderness by this Act
or to prevent the installation of portable electronic commu-
nication 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 per-
manent 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 man-
aged 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, op-
eration, 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 Bo-
nanza Power Plant, the Continental Lime Plant, and the
Brush Wellman Plant. Such projects and facilities shall
be permitted according to appropriate laws and regula-
tions 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 inter-
est, 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 des-
ignated by section 2(a)(27); and
(D) Canaan Mountain Wilderness des-
ignated 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 re-
moval of existing communication sites and facilities
in—
(A) Swasey Mountain Wilderness des-
ignated by section 2(a)(26);
(B) Fifty Mile Mountain Wilderness des-
ignated 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 con-
stitute an interpretation of any other Act or any wil-
derness designation made pursuant thereto; and
(5) to prevent the use of any mechanically pro-
pelled water craft on navigable streams that lie with-
in 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 stud-
ied 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 wilder-
ness 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 STA-
TUS.—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 Fed-
eral 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 INSTITU-
TIONAL TRUST LANDS.
(a) FINDINGS.—The Congress finds that—
(1) approximately 142,041 acres of school and
institutional trust lands are located within or adja-
cent 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 accom-
plish 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
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 PROVI-
SIONS 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 re-
spective jurisdictions which are to be exchanged
under this section. The map referred to in sub-
section (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 Manage-
ment in the State of Utah, Department of the Inte-
rior.
(2) HAZARDOUS
MATERIALS.—The Secretary
and, as a condition of the exchange under this sec-
tion, the State of Utah shall make available for re-
view and inspection all pertinent records relating to
hazardous materials (if any) on lands to be ex-
changed under this section. The responsibility for
costs of remedial action related to such materials
shall be borne by those entities responsible under ex-
isting 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 re-
flect the right of the State of Utah to share in reve-
nue from such Federal lands.
(D) Subject to valid existing rights, the Federal
lands described in subsection (c)(2) are hereby with-
drawn from disposition under the public land laws
and from location, entry, and patent under the min-
ing 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, com-
monly 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 ac-
quired 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.
Æ
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HR 1745 IH——3