Full Text for S.884

Utah Public Lands Management Act of 1995 (Reported in the Senate)

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 Proposed Wilderness' and dated October 3, 1995, 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 Proposed Wilderness' and dated September 18, 1995, 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 24,966 acres, as generally depicted on a map entitled `Horseshoe/Labyrinth Canyon Proposed Wilderness' and dated October 3, 1995, 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 Proposed Wilderness' and dated September 18, 1995, 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 Proposed Wilderness' and dated September 18, 1995, 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 Proposed Wilderness' and dated September 18, 1995, 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 Proposed Wilderness' and dated September 18, 1995, 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 Proposed Wilderness' and dated October 3, 1995, 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 Proposed Wilderness' and dated September 18, 1995, 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 Proposed Wilderness' and dated October 3, 1995, 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 Proposed Wilderness' and dated September 18, 1995, 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 Proposed Wilderness' and dated September 18, 1995, and which shall be known as the Mt. Ellen-Blue Hills 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 valid existing rights recognized by this Act shall be determined under applicable laws, including the land use planning process under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712). 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, within five years after the date of the enactment of this Act, prepare plans to manage the areas designated by this Act as wilderness.

(c) LIVESTOCK- (1) Grazing of livestock in areas designated as wilderness by this Act, where established prior to the date of the enactment of this Act, shall--

(A) continue and not be curtailed or phased out due to wilderness designation or management; and

(B) 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.

(2) Wilderness shall not be used as a suitability criteria for managing any grazing allotment that is subject to paragraph (1).

(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 for fish and wildlife purposes, 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 and Uintah 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:

(1) 300 feet for high standard roads such as paved highways.

(2) 100 feet for roads equivalent to high standard logging roads.

(3) 30 feet for all unimproved roads not referred to in paragraphs (1) or (2).

(h) CHERRY-STEMMED ROADS- (1) The Secretary may not close or limit access to any non-Federal road that is bounded on one or both sides by an area designated as wilderness by this Act, as generally depicted on a map referred to in section 2, without first obtaining written consent from the State of Utah or the political subdivision thereof with general jurisdiction over roads in the area.

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 the capacity, operation, maintenance, repair, modification, or replacement of municipal, agricultural, livestock, or wildlife water facilities in existence as of the date of enactment of this Act within the boundaries of areas designated as wilderness by this Act.

(e) WATER RESOURCE PROJECTS- Nothing in this Act or the Wilderness 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 outside areas designated wilderness by this Act for development and operation of water resource projects, including (but not limited to) reservoir projects. Nothing in this subsection shall create a right of access through a wilderness area designated pursuant to this Act for the purposes of such projects.

SEC. 5. CULTURAL, ARCHAEOLOGICAL, AND PALEONTOLOGICAL RESOURCES.

The Secretary is responsible for the protection (including through the use of mechanical means) and interpretation (including through the use of permanent improvements) of cultural, archaeological, and paleontological resources located within areas designated as wilderness by this Act.

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) OVERFLIGHTS NOT PRECLUDED- Nothing in this Act, the Wilderness Act, or other land management laws generally applicable to the new areas of the Wilderness Preservation System (or any additions to existing areas) designated by this Act, shall restrict or preclude overflights of military aircraft over such areas, including military overflights that can be seen or heard within such units.

(b) SPECIAL USE AIRSPACE- Nothing in this Act, the Wilderness Act, or other land management laws generally applicable to the new areas of the Wilderness Preservation System (or any additions to existing areas) designated by this Act, shall restrict or preclude the designation of new units of special use airspace or the use or establishment of military flight training rules over such areas.

(c) COMMUNICATIONS OR TRACKING SYSTEMS- Nothing in this Act, the Wilderness Act, or other land management laws generally applicable to new areas of the Wilderness Preservation System (or any additions to existing areas) designated by this Act shall be construed to require the removal of existing communication or electronic tracking systems from areas designated as wilderness by this Act, to prohibit the maintenance of existing communications or electronic tracking systems within such new wilderness areas, or to prevent the installation of portable electronic communication or tracking systems in support of military operations 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 the Hunter Power Facilities, the Huntington Power Facilities, the Intermountain Power Facilities, the Bonanza Power Facilities, the Continental Lime Facilities, and the Brush Wellman Facilities. The permitting and operation of such projects and facilities shall be subject to applicable laws and regulations.

SEC. 9. 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), including (but not limited to) Areas of Critical Environmental Concern, Outstanding Natural Areas, National Natural Landmarks, Research Natural Areas, Primitive Areas, Visual Resource Management Class I areas, and the full range of administrative management designations provided under such Act. 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. 10. EXCHANGE RELATING TO SCHOOL AND INSTITUTIONAL TRUST LANDS.

(a) FINDINGS- The Congress finds that--

(1) approximately 209,000 acres of school and institutional trust lands are located within or adjacent to areas designated as wilderness by this Act, including 15,000 acres of mineral estate;

(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; and

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

(b) EXCHANGE- If, not later than seven 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, within 180 days after the date of such acceptance, in exchange for such lands initiate transfers to the State of Utah of all right, title, and interest of the United States in and to the Federal lands described in subsection (c)(2) and, (d). The exchange of lands under this section shall be subject to valid existing rights, including (but not limited to) the right of the State of Utah to receive, and distribute pursuant to State law, 50 percent of the revenue, less a reasonable administrative fee, from the production of minerals that are leased or would have been subject to leasing pursuant to the Mineral Leasing Act (30 U.S.C. 191 et seq.). All transfers of lands under this section shall be completed within two years after the date of such acceptance, but within such two-year period, transfers of portions of such lands may be made.

(1) SCHOOL AND INSTITUTIONAL TRUST LANDS- The school and institutional trust lands referred to in this section are those lands generally depicted as `Surface and Mineral Offering' on the map entitled `Proposed Land Exchange Utah (H.R. 1745)' and dated November 9, 1995, 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)(1) LAND EXCHANGES FOR EQUAL VALUE- The lands exchanged pursuant to this section shall be of approximate equal value, as determined by nationally recognized appraisal standards. If the values are not approximately equal, the Secretary and the State of Utah shall either agree to modify the lands to be exchanged, or shall provide for a cash equalization payment, to equalize the values. Any cash equalization payment shall not exceed 25 percent of the value of the lands to be conveyed. If the Secretary and the State of Utah agree to modify the lands to be exchanged, the State shall determine the lands to be acquired from the Federal Government from the lands listed in subsection (c)(2), and indicate its choice to the Secretary. The Secretary shall accept the State's determination.

(2)(i) DEADLINE AND DISPUTE RESOLUTION- If after two years from the date of enactment of this Act, the Secretary and the State of Utah have not agreed upon the final terms of some or all of the exchanges authorized by this section, including the values of the lands involved, notwithstanding any other provisions of law, the United States District Court for the District of Utah , Central Division, shall have jurisdiction to hear, determine, and render judgment on the value of any and all lands, or interests therein, involved in the exchange.

SEC. 11. LAND APPRAISAL.

Lands and interests in lands acquired pursuant to this Act shall be appraised without regard to the presence of a species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 12. SAND HOLLOW LAND EXCHANGE.

(a) DEFINITIONS- As used in this section:

(1) DISTRICT- The term `District' means the Water Conservancy District of Washington, County, Utah .

(2) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(3) BULLOCH SITE- The term `Bulloch Site' means the lands located in Kane County, Utah , adjacent to Zion National Park, comprised of approximately 1,380 acres, as generally depicted on a map entitled `Washington County Water Conservancy District Exchange Proposal' and dated July 24, 1995.

(4) SAND HOLLOW SITE- The term `Sand Hollow Site' means the lands located in Washington County, Utah , comprised of approximately 3,000 acres, as generally depicted on a map entitled `Washington County Water Conservancy District Exchange Proposal' and dated July 24, 1995.

(5) QUAIL CREEK PIPELINE- The term `Quail Creek Pipeline' means the lands located in Washington County, Utah , comprised of approximately 40 acres, as generally depicted on a map entitled `Washington County Water Conservancy District Exchange Proposal' and dated July 24, 1995.

(6) QUAIL CREEK RESERVOIR- The term `Quail Creek Reservoir' means the lands located in Washington County, Utah , comprised of approximately 480.5 acres, as generally depicted on a map entitled `Washington County Water Conservancy District Exchange Proposal' and dated July 24, 1995.

(7) SMITH PROPERTY- The term `Smith Property' means the lands located in Washington County, Utah , comprised of approximately 1,550 acres, as generally depicted on a map entitled `Washington County Water Conservancy District Exchange Proposal' and dated July 24, 1995.

(b) EXCHANGE-

(1) IN GENERAL- Subject to the provisions of this Act, if within 18 months after the date of the enactment of this Act, the Water Conservancy District of Washington County, Utah, offers to transfer to the United States all right, title, and interest of the District in and to the Bulloch Site, the Secretary of the Interior shall, in exchange, transfer to the District all right, title, and interest of the United States in and to the Sand Hollow Site, the Quail Creek Pipeline and Quail Creek Reservoir, subject to valid existing rights.

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.