Full Text for H.R.1745

Utah Public Lands Management Act of 1995 (Introduced in the House)

SECTION 1. SHORT TITLE.

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

SEC. 2. DESIGNATION OF WILDERNESS.

(a) DESIGNATION- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following lands in the State of Utah are hereby designated as wilderness and therefore as components of the National Wilderness Preservation System:

(1) Certain lands in the Desolation Canyon Wilderness Study Area comprised of approximately 254,478 acres, as generally depicted on a map entitled `Desolation Canyon Wilderness--Proposed' and dated XXXX, and which shall be known as the Desolation Canyon Wilderness.

(2) Certain lands in the San Rafael Reef Wilderness Study Area comprised of approximately 47,786 acres, as generally depicted on a map entitled `San Rafael Reef Wilderness--Proposed' and dated XXXX, and which shall be known as the San Rafael Reef Wilderness.

(3) Certain lands in the Horseshoe Canyon Wilderness Study Area (North) comprised of approximately 22,943 acres, as generally depicted on a map entitled `Horseshoe/Labyrinth Canyon Wilderness--Proposed' and dated XXXX, and which shall be known as the Horseshoe/Labyrinth Canyon Wilderness.

(4) Certain lands in the Crack Canyon Wilderness Study Area comprised of approximately 20,322 acres, as generally depicted on a map entitled `Crack Canyon Wilderness--Proposed' and dated XXXX, and which shall be known as the Crack Canyon Wilderness.

(5) Certain lands in the Muddy Creek Wilderness Study Area comprised of approximately 37,244 acres, as generally depicted on a map entitled `Muddy Creek Wilderness--Proposed' and dated XXXX, and which shall be known as the Muddy Creek Wilderness.

(6) Certain lands in the Sids Mountain Wilderness Study Area comprised of approximately 41,154 acres, as generally depicted on a map entitled `Sids Mountain Wilderness--Proposed' and dated XXXX, and which shall be known as the Sids Mountain Wilderness.

(7) Certain lands in the Mexican Mountain Wilderness Study Area comprised of approximately 34,107 acres, as generally depicted on a map entitled `Mexican Mountain Wilderness--Proposed' anddated XXXX, and which shall be known as the Mexican Mountain Wilderness.

(8) Certain lands in the Phipps-Death Hollow Wilderness Study Area comprised of approximately 42,437 acres, as generally depicted on a map entitled `Phipps-Death Hollow Wilderness--Proposed' and dated XXXX, 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 XXXX, and which shall be known as the Steep Creek Wilderness.

(10) Certain lands in the North Escalante Canyons/The Gulch Wilderness Study Area comprised of approximately 103,324 acres, as generally depicted on a map entitled `North Escalante Canyons/The Gulch Wilderness--Proposed' and dated XXXX, and which shall be known as the North Escalante Canyons/The Gulch Creek Wilderness.

(11) Certain lands in the Scorpion Wilderness Study Area comprised of approximately 16,692 acres, as generally depicted on a map entitled `Scorpion Wilderness--Proposed' and dated XXXX, and which shall be known as the Scorpion Wilderness.

(12) Certain lands in the Mt. Ellen-Blue Hills Wilderness Study Area comprised of approximately 62,663 acres, as generally depicted on a map entitled `Mt. Ellen-Blue Hills Wilderness--Proposed' and dated XXXX, and which shall be known as the Mt. Ellen-Blue Hills Wilderness.

(13) Certain lands in the Bull Mountain Wilderness Study Area comprised of approximately 11,424 acres, as generally depicted on a map entitled `Bull Mountain Wilderness--Proposed' and dated XXXX, and which shall be known as the Bull Mountain Wilderness.

SEC. 3. ADMINISTRATION OF WILDERNESS AREAS.

(a) IN GENERAL- Subject to valid existing rights, each area designated by this Act as wilderness shall be administered by the Secretary in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and section 603 of the Federal Land Policy and Management Act of 1976. Any lands or interest in lands within the boundaries of an area designated as wilderness by this Act that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness area within which such lands or interests in lands are located.

(b) MANAGEMENT PLANS- The Secretary shall, as soon as possible, prepare plans to manage the areas designated by this Act as wilderness.

(c) LIVESTOCK- Grazing of livestock in areas designated as wilderness by this Act, where established prior to the date of the enactment of this Act, shall--

(1) continue and not be curtailed, phased out or rendered economically infeasible due to wilderness designation or management; and

(2) be administered in accordance with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth in House Report 96-1126.

(d) STATE FISH AND WILDLIFE- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1131(d)(7)), nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Utah with respect to fish and wildlife management activities, including water development, predator control, transplanting animals, stocking fish, hunting, fishing and trapping.

(e) PROHIBITION OF BUFFER ZONES- The Congress does not intend that designation of an area as wilderness by this Act lead to the creation of protective perimeters or buffer zones around the area. The fact that nonwilderness activities or uses can be seen, heard, or smelled from areas within a wilderness shall not preclude such activities or uses up to the boundary of the wilderness area.

(f) OIL SHALE RESERVE NUMBER TWO- The area known as `Oil Shale Reserve Number Two' within Desolation Canyon Wilderness (as designated by section 2(a)(1)), located in Carbon County, Utah, shall not be reserved for oil shale purposes after the date of the enactment of this Act and shall be under the sole jurisdiction of and managed by the Bureau of Land Management.

(g) ROADS AND RIGHTS-OF-WAY AS BOUNDARIES- Unless depicted otherwise on a map referred to by this Act, where roads form the boundaries of the areas designated as wilderness by this Act, the wilderness boundary shall be set back from the center line of the road as follows: 300 feet for high standard roads such as paved highways; and 100 feet for roads equivalent to high standard logging roads and dirt roads used for right-of-way maintenance.

(h) CHERRY-STEMMED ROADS- (1) Except as provided by paragraph (2), the Secretary may not close or limit access to any road that is within (in whole or in part), or that is a boundary (as described in subsection (g)) of, an area designated as wilderness by this Act.

(2) If the Secretary determines that public safety requires the closure to public use of any road subject to paragraph (1), the Secretary may take such action as the Secretary determines necessary or desirable to effect and maintain such closure. Any such closure shall be limited to the minimum period which the Secretary determines is necessary to carry out this paragraph. Before and during any closure under this subsection, the Secretary shall take appropriate steps to notify the public concerning such closures.

(3) Any road described in paragraph (1) that is maintained by an entity other than the United States may continue to be maintained and repaired by any such entity.

(i) ACCESS- (1) Reasonable access shall be allowed to water diversion, carriage, storage and ancillary facilities in existence as of the date of enactment of this Act which are within areas designated as wilderness by this Act, including motorized access where necessary or customarily or historically employed on existing routes.

SEC. 4. WATER RIGHTS.

(a) NO FEDERAL RESERVATION- Nothing in this Act or any other Act of Congress shall constitute or be construed to constitute either an express or implied Federal reservation of water or water rights for any purpose arising from the designation of areas as wilderness by this Act.

(b) ACQUISITION AND EXERCISE OF WATER RIGHTS UNDER Utah LAW- The United States may acquire and exercise such water rights as it deems necessary to carry out its responsibilities on any lands designated as wilderness by this Act pursuant to the substantive and procedural requirements of the State of Utah. Nothing in this Act shall be construed to authorize the use of eminent domain by the United States to acquire water rights for such lands. Within areas designated as wilderness by this Act, all rights to water granted under the laws of the State of Utah may be exercised in accordance with the substantive and procedural requirements of the State of Utah.

(c) EXERCISE OF WATER RIGHTS GENERALLY UNDER Utah LAWS- Nothing in this Act shall be construed to limit the exercise of water rights as provided under Utah State laws.

(d) CERTAIN FACILITIES NOT AFFECTED- Nothing in this Act shall affect irrigation, pumping and transmission facilities and municipal, agricultural, livestock, or wildlife water facilities in existence within the boundaries of areas designated as wilderness by this Act, nor shall anything in this Act be construed to limit operation, maintenance, repair, modification, or replacement of such existing facilities, as provided in section 3(i).

(e) WATER RESOURCE PROJECTS- Nothing in this Act shall be construed to limit or to be a consideration in Federal approvals or denials for access to or use of the Federal lands for development and operation of water resource projects, including (but not limited to) reservoir projects, which are located outside and upstream of areas designated as wilderness by this Act.

SEC. 5. CULTURAL AND PALEONTOLOGICAL RESOURCES.

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

SEC. 6. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

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

SEC. 7. MILITARY OVERFLIGHTS.

(a) LOW-LEVEL OVERFLIGHTS NOT PRECLUDED- Nothing in this Act shall be construed to restrict or preclude low-level overflights over the areas designated as wilderness by this Act, including military overflights that can be seen or heard within such areas. Nothing in this Act shall be construed to restrict or preclude the designation of new units of special airspace or the establishment of military flight training routes over such areas.

(b) COMMUNICATIONS OR TRACKING SYSTEMS- Nothing in this Act shall be construed to require the removal of existing communication or electronic tracking systems from areas designated as wilderness by this Act or to prevent the installation of portable electronic communication or tracking systems in support of military flights so long as installation, maintenance, and removal of such systems does not require construction of temporary or permanent roads.

SEC. 8. AIR QUALITY.

(a) IN GENERAL- The Congress does not intend that designation of wilderness areas in the State of Utah by this Act lead to reclassification of any airshed to a more stringent Prevention of Significant Deterioration (PSD) classification.

(b) ROLE OF STATE- Air quality reclassification for the wilderness areas established by this Act shall be the prerogative of the State of Utah. All areas designated as wilderness by this Act are and shall continue to be managed as PSD Class II under the Clean Air Act unless they are reclassified by the State of Utah in accordance with the Clean Air Act.

(c) INDUSTRIAL FACILITIES- Nothing in this Act shall be construed to restrict or preclude construction, operation, or expansion of industrial facilities outside of the areas designated as wilderness by this Act, including (but not limited to) the Hunter Power Plant, the Huntington Power Plant, the Intermountain Power Project, the Bonanza Power Plant, the Continental Lime Plant, and the Brush Wellman Plant. Such projects and facilities shall be permitted according to appropriate laws and regulations including (but not limited to) the Clean Air Act.

SEC. 9. DISCLAIMERS.

Nothing in this Act shall be construed to--

(1) prohibit the establishment and maintenance of reservoirs, water-conservation works, transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to development and use thereof in--

(A) Cougar Canyon Wilderness designated by section 2(a)(44);

(B) Red Mountain Wilderness designated by section 2(a)(45);

(D) Canaan Mountain Wilderness designated by section 2(a)(28);

(2) Nothing in this Act shall be construed to prevent the maintenance, repair, or expansion of communication sites and facilities or to require removal of existing communication sites and facilities in--

(A) Swasey Mountain Wilderness designated by section 2(a)(26);

(B) Fifty Mile Mountain Wilderness designated by section 2(a)(31);

(A) Swasey Mountain Wilderness designated by section 2(a)(26);

(B) Fifty Mile Mountain Wilderness designated by section 2(a)(31);

(D) Deep Creek Mountains Wilderness designated by section 2(a)(42).

(3) prevent the construction of a pipeline for transport of natural gas through the Right Hand of Tusher Canyon in and adjacent to the Desolation Canyon Wilderness designated by section 2(a)(1);

(4) as establishing a precedent with regard to any future wilderness designation, nor shall it constitute an interpretation of any other Act or any wilderness designation made pursuant thereto; and

(5) to prevent the use of any mechanically propelled water craft on navigable streams that lie within or adjacent to an area designated as wilderness by this Act.

SEC. 10. WILDERNESS RELEASE.

(a) FINDING- The Congress finds and directs that all public lands in the State of Utah administered by the Bureau of Land Management have been adequately studied for wilderness designation pursuant to sections 202 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712 and 1782).

(b) RELEASE- Except as provided in subsection (c), any public lands administered by the Bureau of Land Management in the State of Utah not designated wilderness by this Act shall not be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1783(c)) but shall be managed for the full range of nonwilderness multiple uses in accordance with land management plans adopted pursuant to section 202 of such Act (43 U.S.C. 1712). Such lands shall not be managed for the purpose of protecting their suitability for wilderness designation or their wilderness character and shall remain available for nonwilderness multiple uses, subject to the requirements of other Federal laws.

(c) CONTINUING WILDERNESS STUDY AREAS STATUS- The following wilderness study areas which are under study status by States adjacent to the State of Utah shall continue to be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)):

(1) Bull Canyon; UT-080-419/CO-010-001.

(2) Wrigley Mesa/Jones Canyon/Black Ridge Canyon West; UT-060- 116/117/CO-070-113A.

(3) Squaw/Papoose Canyon; UT-060-227/CO-030-265A.

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

SEC. 11. EXCHANGE RELATING TO SCHOOL AND INSTITUTIONAL TRUST LANDS.

(a) FINDINGS- The Congress finds that--

(1) approximately 142,041 acres of school and institutional trust lands are located within or adjacent to areas designated as wilderness by this Act;

(2) such lands were originally granted to the State of UTAH for the purpose of generating support for the public schools through the development of natural resources and other methods;

(3) it is in the interest of the State of UTAH for such lands to be exchanged for interests in Federal lands located outside of wilderness areas to accomplish this purpose; and

(4) the Federal lands described in subsection (c)(2) are of approximate equivalent value to such school and institutional trust lands.

(b) EXCHANGE- If, not later than two years after the date of the enactment of this Act and in accordance with this section, the State of UTAH offers to transfer all its right, title, and interest in and to the school and institutional trust lands described in subsection (c)(1) to the United States, the Secretary shall accept the offer and transfer (within two years after the date of such acceptance) to the State of UTAH in exchange for such lands all right, title, and interest of the United States in and to the Federal lands described in subsection (c)(2) and, if necessary, lands identified pursuant to subsection (d). The exchange of lands under this section shall be subject to valid existing rights.

(1) SCHOOL AND INSTITUTIONAL TRUST LANDS- The school and institutional trust lands referred to in this section are those lands generally depicted as `UTAH School Lands' on the map entitled `In-Held School Trust Land Exchange--Proposed' and dated XXXX which--

(A) are located within or adjacent to areas designated by this Act as wilderness; and

(B) were granted by the United States in the UTAH Enabling Act to the State of UTAH in trust and other lands which under State law must be managed for the benefit of the public school system or the institutions of the State which are designated by the UTAH Enabling Act.

(2) FEDERAL LANDS- The Federal lands referred to in this section are the lands located in the State of UTAH which are generally depicted as `Federal Exchange Lands' on the map referred to in paragraph (1).

(d) ADDITIONAL AVAILABLE FEDERAL LANDS TO REMEDY IMBALANCES DUE TO ENCUMBRANCES-

(1) LIST OF ENCUMBRANCES- Not later than 180 days after the date of the enactment of this Act, the Secretary shall prepare a list of all encumbrances of record (in the records of the Bureau of Land Management or otherwise known to the Bureau of Land Management) of the Federal lands described in subsection (c)(2) and transmit the list to the State of UTAH . Likewise, the State shall prepare a list of all encumbrances of record or otherwise known to the State to the State lands described in subsection (c)(1) and transmit the list to the Secretary.

(2) REMEDY- In the event that the encumbrances identified pursuant to paragraph (1) result in an imbalance in the exchange under this section such that the value of the lands transferred by the State is greater than the value of the Federal lands received, the Secretary shall transfer to the State such additional Federal lands as may be necessary to remedy the imbalance.

(e) DUTIES OF THE PARTIES AND OTHER PROVISIONS RELATING TO THE EXCHANGE-

(1) MAP AND LEGAL DESCRIPTION- The State of UTAH and the Secretary shall each provide to the other legal descriptions of the lands under their respective jurisdictions which are to be exchanged under this section. The map referred to in subsection (c)(1) and the legal descriptions provided under this subsection shall be on file and available for public inspection in the office of the Director of the Bureau of Land Management, and the office of the State Director of the Bureau of Land Management in the State of UTAH , Department of the Interior.

Back to: The Battle for the Utah Wilderness

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Compare the Citizens Proposal for Redrock Wilderness (H.R.1500) with the Utah Congressional delegation bills (H.R.1745 and S.884).
Read the letter from the Executive Director of SUWA.
See the SUWA pictorial Utah's Redrock Wilderness: A National Treasure Threatened.
Read the SUWA publication What Is Wilderness?
Find out what you can do to help protect the Utah Wilderness.