[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1952 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1952

 To designate certain Bureau of Land Management lands in the State of 
              Utah as wilderness, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 1997

  Mr. Cannon introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To designate certain Bureau of Land Management lands in the State of 
              Utah as wilderness, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Utah Wilderness and School Trust 
Lands Protection Act of 1997''.

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 upon completion of the exchange 
specified in section 7:
            (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 ________, 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 ________, 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 ________, 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 ________, 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 ________, 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 ________, 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'' and dated ________, 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 ________, 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 ________, 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 ________, 
        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 
        ________, 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 ________, 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 ________, and which shall be known as the 
        Bull Mountain Wilderness.
            (14) Certain lands in the Fiddler Butte Wilderness Study 
        Area comprised of approximately 22,180 acres, as generally 
        depicted on a map entitled ``Fiddler Butte Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Fiddler Butte Mountain Wilderness.
            (15) Certain lands in the Mt. Pennell Wilderness Study Area 
        comprised of approximately 18,620 acres, as generally depicted 
        on a map entitled ``Mt. Pennell Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Mt. Pennell 
        Wilderness.
            (16) Certain lands in the Mt. Hillers Wilderness Study Area 
        comprised of approximately 14,746 acres, as generally depicted 
        on a map entitled ``Mt. Hillers Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Mt. Hillers 
Wilderness.
            (17) Certain lands in the Little Rockies Wilderness Study 
        Area comprised of approximately 48,928 acres, as generally 
        depicted on a map entitled ``Little Rockies Wilderness--
        Proposed'' and dated ________, 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 ________, 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 ________, and which shall be known as the 
        Negro Bill Canyon Wilderness.
            (20) Certain lands in the Floy Canyon Wilderness Study Area 
        comprised of approximately 28,290 acres, as generally depicted 
        on a map entitled ``Floy Canyon Wilderness--Proposed'' 
and dated ________, and which shall be known as the Floy Canyon 
Wilderness.
            (21) Certain lands in the Coal Canyon Wilderness 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 
        ________, and which shall be known as the Coal/Spruce Canyon 
        Wilderness.
            (22) Certain lands in the Flume Canyon Wilderness Study 
        Area comprised of approximately 31,568 acres, as generally 
        depicted on a map entitled ``Flume Canyon Wilderness--
        Proposed'' and dated ________, 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 entitled ``Westwater Canyon Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Westwater Canyon Wilderness.
            (24) Certain lands in the Beaver Creek Wilderness Study 
        Area comprised of approximately 24,531 acres, as generally 
        depicted on a map entitled ``Beaver Creek Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Beaver Creek Wilderness.
            (25) Certain lands in the Fish Springs Wilderness Study 
        Area comprised of approximately 36,142 acres, as generally 
        depicted on a map entitled ``Fish Springs Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Fish Springs Wilderness.
            (26) Certain lands in the Swasey Mountain Wilderness Study 
        Area comprised of approximately 34,803 acres, as generally 
        depicted on a map entitled ``Swasey Mountain Wilderness--
        Proposed'' and dated ________, 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 entitled ``Parunuweap Canyon 
        Wilderness--Proposed'' and dated ________, 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 entitled ``Canaan Mountain Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Canaan Mountain Wilderness.
            (29) Certain lands in the Paria-Hackberry Wilderness Study 
        Area comprised of approximately 57,641 acres, as generally 
        depicted on a map entitled ``Paria-Hackberry Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Paria-Hackberry Wilderness.
            (30) Certain lands in the Escalante Canyon Tract 5 
        Wilderness Study Area comprised of approximately 756 acres, as 
        generally depicted on a map entitled ``Escalante Canyon Tract 5 
        Wilderness--Proposed'' and dated ________, 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 entitled ``Fifty Mile Mountain 
        Wilderness--Proposed'' and dated ________, and which shall be 
known as the Fifty Mile Mountain Wilderness.
            (32) Certain lands in the Howell Peak Wilderness comprised 
        of approximately 14,518 acres, as generally depicted on a map 
        entitled ``Howell Peak Wilderness--Proposed'' and dated 
        ________, and which shall be known as the Howell Peak 
Wilderness.
            (33) Certain lands in the Notch Peak Wilderness Study Area 
        comprised of approximately 28,778 acres, as generally depicted 
        on a map entitled ``Notch Peak Wilderness--Proposed'' and dated 
        ________, 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 entitled ``Wah Wah Mountains 
        Wilderness--Proposed'' and dated ________, and which shall be 
        known as the Wah Wah Wilderness.
            (35) Certain lands in the Mancos Mesa Wilderness Study Area 
        comprised of approximately 48,269 acres, as generally depicted 
        on a map entitled ``Mancos Mesa Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Mancos Mesa 
        Wilderness.
            (36) Certain lands in the Grand Gulch Wilderness Study Area 
        comprised of approximately 51,110 acres, as generally depicted 
        on a map entitled ``Grand Gulch Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Grand Gulch 
        Wilderness.
            (37) Certain lands in the Dark Canyon Wilderness Study Area 
        comprised of approximately 67,099 acres, as generally depicted 
        on a map entitled ``Dark Canyon Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Dark Canyon 
        Wilderness.
            (38) Certain lands in the Butler Wash Wilderness Study Area 
        comprised of approximately 25,400 acres, as generally depicted 
        on a map entitled ``Butler Wash Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Butler Wash 
        Wilderness.
            (39) Certain lands in the Indian Creek Wilderness Study 
        Area comprised of approximately 6,769 acres, as generally 
        depicted on a map entitled ``Indian Creek Wilderness--
        Proposed'' and dated ________, 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 entitled ``Behind the Rocks Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Behind the Rocks Wilderness.
            (41) Certain lands in the Cedar Mountains Wilderness Study 
        Area comprised of approximately 25,645 acres, as generally 
        depicted on a map entitled ``Cedar Mountains Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Cedar Mountains Wilderness.
            (42) Certain lands in the Deep Creek Mountains Wilderness 
        Study Area comprised of approximately 71,024 acres, as 
        generally depicted on a map entitled ``Deep Creek Mountains 
        Wilderness--Proposed'' and dated ________, and which shall be 
        known as the Deep Creek Mountains Wilderness.
            (43) Certain lands in the Nutters Hole Wilderness Study 
        Area comprised of approximately 3,647 acres, as generally 
        depicted on a map entitled ``Nutters Hole Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Nutters Hole Wilderness.
            (44) Certain lands in the Cougar Canyon Wilderness Study 
        Area comprised of approximately 6,408 acres, including those 
        lands located in the State of Nevada, as generally depicted on 
        a map entitled ``Cougar Canyon Wilderness--Proposed'' and dated 
        ________, and which shall be known as the Cougar Canyon 
        Wilderness.
            (45) Certain lands in the Red Mountain Wilderness Study 
        Area comprised of approximately 9,216 acres, as generally 
        depicted on a map entitled ``Red Mountain Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        Red Mountains Wilderness.
            (46) Certain lands in the Deep Creek Wilderness Study Area 
        comprised of approximately 3,063 acres, as generally depicted 
        on a map entitled ``Deep Creek Wilderness--Proposed'' and dated 
        ________, and which shall be known as the Deep Creek 
        Wilderness.
            (47) Certain lands within the Dirty Devil Wilderness Study 
        Area comprised of approximately 75,854 acres, as generally 
        depicted on a map entitled ``Dirty Devil Wilderness--Proposed'' 
        and dated ________, and which shall be known as the Dirty Devil 
        Wilderness.
            (48) Certain lands within the Horseshoe Canyon South 
        Wilderness Study Area comprised of approximately 11,392 acres, 
        as generally depicted on a map entitled ``Horseshoe Canyon 
        South Wilderness--Proposed'' and dated ________, and which 
        shall be known as the Horseshoe Canyon South Wilderness.
            (49) Certain lands in the French Spring-Happy Canyon 
        Wilderness Study Area comprised of approximately 12,343 acres, 
        as generally depicted on a map entitled ``French Spring-Happy 
        Canyon Wilderness--Proposed'' and dated ________, 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 ``Secretary'') 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 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.

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.
    (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) Land Acquisition by Exchange or Purchase.--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 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.

SEC. 5. 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. 6. 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 multiple uses in 
accordance with land management plans adopted pursuant to section 202 
of such Act (43 U.S.C. 1712).
    (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. 7. 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; 
        and
            (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.
    (b) Indemnity Selections Permitted.--
            (1) The State of Utah shall be entitled to select 
        unappropriated public lands of equivalent value within the 
        State of Utah pursuant to sections 2275 and 2276 of the Revised 
        Statutes (43 U.S.C. 851-852) in lieu of lands granted or 
        reserved to the State that are located within the boundaries of 
        any area designated by Congress as part of the National 
        Wilderness Preservation System pursuant to Public Law 88-577 
        (78 Stat. 890; 16 U.S.C. 1131-1136) (commonly known as the 
        ``Wilderness Act of 1964''). The selection of indemnity lands 
        pursuant to this section may be made without regard to whether 
        title to lands granted or reserved to the State has vested; 
        provided, however, that the selection of any lands in lieu of 
        sections granted or reserved to the State shall be a waiver by 
        the State of all right, title, and interest in the granted or 
        reserved sections. Such selection shall occur within 2 years of 
        the date of enactment of this Act.
            (2) Upon the selection by the State of Utah of indemnity 
        lands in lieu of base lands within a Federal reservation, and 
        the State's waiver of all right, title, and interest in the 
        base lands, the United States shall succeed to all rights of 
        the State under any lease or permit encumbering the base lands, 
        subject, however, to all obligations of the State under and 
        with respect to that lease or permit.
            (3) In the event that base lands for which indemnity 
        selections are available pursuant to this section were granted 
        or reserved to the State of Utah for purposes other than 
        support of the State's common schools pursuant to sections 7, 
        8, and 12 of the Utah Enabling Act (Act of July 16, 1894, ch. 
        138; 28 Stat. 107), indemnity selections made pursuant to this 
        section shall be held by the State for the purpose for which 
        the base lands were granted or reserved.
            (4) The Secretary of the Interior may not refuse to accept 
        any indemnity selection made by the State of Utah pursuant to 
        this section by reason of section 7 of the Act of June 28, 1934 
        (48 Stat. 1272, as amended; 43 U.S.C. 315f) (commonly known as 
        the ``Taylor Grazing Act'').
    (c) Authorization of Reimbursement of Utah School and Institutional 
Trust Lands Administration for Costs of Exchange.--There are authorized 
to be appropriated such sums as are necessary to reimburse the Utah 
School and Institutional Trust Lands Administration for all costs 
incurred in order to complete the exchange specified in this section.
                                 <all>