[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2488 Reported in House (RH)]
Union Calendar No. 164
107th CONGRESS
1st Session
H. R. 2488
[Report No. 107-269]
To designate certain lands in the Pilot Range in the State of Utah as
wilderness, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2001
Mr. Hansen introduced the following bill; which was referred to the
Committee on Resources
November 5, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
12, 2001]
_______________________________________________________________________
A BILL
To designate certain lands in the Pilot Range 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. DESIGNATION OF WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain Federal lands in Box Elder
County, Utah, which comprise approximately 23,021 acres, as generally
depicted on a map entitled ``Pilot Range Wilderness'' and dated October
1, 2001, are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System, and shall be
known as the Pilot Range Wilderness.
(b) Map and Description.--As soon as practicable after the date of
the enactment of this Act, the Secretary of the Interior (in this Act
referred to as the ``Secretary'') shall file a map and legal
description of the Pilot Range Wilderness with the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate. Such map and description shall
have the same force and effect as if included in this Act, except that
the Secretary may correct clerical and typographical errors in such map
and legal description. The 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. 2. ADMINISTRATION OF PILOT RANGE WILDERNESS.
(a) In General.--Subject to valid existing rights and this Act, the
Pilot Range Wilderness shall be administered by the Secretary in
accordance with the provisions of the Wilderness Act, except that any
reference in such provisions to the effective date of the Wilderness
Act (or any similar reference) shall be deemed to be a reference to the
effective date of this Act.
(b) Incorporation of Acquired Lands and Interests.--Any privately
owned lands or interest in lands within or abutting the boundaries of
the Pilot Range Wilderness that are acquired by the United States after
the date of the enactment of this Act shall be added to and
administered as part of the Pilot Range Wilderness.
(c) State Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act, nothing in this Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Utah with respect to
wildlife and fish on the public lands located in that State.
(d) Acquisition of Lands and Interests.--The Secretary may offer to
acquire from nongovernmental entities lands and interest in lands
located within or abutting the Pilot Range Wilderness. Such lands may
be acquired at fair market value under this subsection by exchange,
donation, or purchase from willing sellers.
(e) Wildlife Management.--In furtherance of the purposes and
principles of the Wilderness Act, management activities to maintain or
restore fish and wildlife populations and the habitats to support such
populations may be carried out within the Pilot Range Wilderness where
consistent with relevant wilderness management plans, in accordance
with appropriate policies and guidelines such as those set forth in
appendix B of the Report of the Committee on Interior and Insular
Affairs to accompany H.R. 2570 of the One Hundred First Congress (H.
Rept. 101-405).
(f) National Defense Lands.--
(1) Findings.--The Congress finds the following:
(A) The testing and development of military weapons
systems and the training of military forces are
critical to ensuring the national security of the
United States.
(B) The Utah Test and Training Range and Dugway
Proving Ground are unique and irreplaceable national
assets at the core of the Department of Defense's test
and training mission.
(C) The Pilot Range Wilderness is located near
lands withdrawn for military use and beneath special
use airspace critical to the support of military test
and training missions on the Utah Test and Training
Range and Dugway Proving Ground.
(D) Continued unrestricted access to the special
use airspace and lands which comprise the Utah Test and
Training Range and Dugway Proving Ground is a national
security priority and is not incompatible with the
protection and proper management of the natural,
environmental, cultural, and other resources of the
Federal lands designated as wilderness by this Act.
(2) Overflights.--
(A) In general.--Nothing in this Act, the
Wilderness Act, or other land management laws generally
applicable to the Pilot Range Wilderness, shall
restrict or preclude low-level overflights, low-level
military overflights and operations of military
aircraft, helicopters, unmanned aerial military
overflights or military overflights and operations that
can be seen or heard within those areas. There shall be
no restrictions or preclusions to altitude or airspeed,
noise level, supersonic flight, route of flight, time
of flight, seasonal usage, or numbers of flights of any
military aircraft, helicopters, unmanned aerial
vehicles, missiles, aerospace vehicles, and other
military weapons systems over the Pilot Range
Wilderness. As used in this paragraph, the term ``low-
level'' includes any flight down to and including 10
feet above ground level.
(B) Modification in use.--Nothing in this Act, the
Wilderness Act, or other land management laws generally
applicable to the Pilot Range Wilderness, shall
restrict or preclude the designation of new units of
special use airspace, the expansion of existing units
of special use airspace, or the use or establishment of
military training routes over the Pilot Range
Wilderness.
(3) Memorandum of understanding.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the
Air Force and the Secretary shall enter into a formal
memorandum of understanding to establish the procedures
and guidelines for the use of the Pilot Range
Wilderness, including the following:
(i) Procedures and guidelines to ensure
immediate access which may be necessary to
respond to emergency situations, including the
search, rescue, and recovery of personnel and
the recovery and investigation of military
aircraft or other weapons systems.
(ii) Procedures and guidelines to determine
the control, restriction, or prohibition of
public access when necessary for purposes of
national security or public safety.
(iii) Procedures and guidelines to provide
for the installation of temporary
communications, instrumentation, or other
equipment necessary for effective testing and
training to meet military requirements.
(B) Interim operations.--Military operations in the
Dugway Proving Ground and in the Utah Test and Training
Range shall not be limited or restricted in any way
pending the completion of the memorandum of
understanding required by subparagraph (A).
(g) Livestock.--Within the Pilot Range Wilderness, the grazing of
livestock, where established prior to the date of the enactment of this
Act, shall be permitted to continue subject to such reasonable
regulations, policies, and practices as the Secretary deems necessary,
as long as such regulations, policies, and practices fully conform with
and implement the intent of Congress regarding grazing in such areas as
such intent is expressed in the Wilderness Act, section 101(f) of
Public Law 101-628, and House Report 101-405, Appendix A.
(h) Water Rights.--Nothing in this Act, the Wilderness Act, or any
action taken pursuant thereto shall constitute an express or implied
reservation of surface or groundwater by any person, including the
United States. Nothing in this Act affects any valid existing water
rights in existence before the date of the enactment of this Act,
including any water rights held by the United States. If the United
States determines that additional water resources are needed for the
purposes of this Act, the United States shall work with or through any
agency that is eligible to hold in-stream flow water rights to acquire
such rights in accordance with the water laws of the State of Utah.
SEC. 3. WILDERNESS RELEASE.
Lands that are within the Pilot Range in Utah not designated as
wilderness by this Act are no longer subject to the plan amendment
process initiated by the Secretary and identified by the Federal
Register Notice dated March 18, 1999, page 13499.
SEC. 4. ADJACENT MANAGEMENT.
The Congress does not intend for the designation of the Pilot Range
Wilderness to lead to the creation of protective perimeters or buffer
zones around any such wilderness. The fact that nonwilderness
activities or uses can be seen or heard within the Pilot Range
Wilderness shall not, of itself, preclude such activities or uses up to
the boundary of that wilderness.
SEC. 5. WITHDRAWAL.
Subject to valid existing rights, the Federal lands within the
Pilot Range Wilderness are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; and from
location, entry, and patent under the United States mining laws; and
from disposition under all laws pertaining to mineral and geothermal
leasing, and mineral materials, and all amendments thereto.
Union Calendar No. 164
107th CONGRESS
1st Session
H. R. 2488
[Report No. 107-269]
_______________________________________________________________________
A BILL
To designate certain lands in the Pilot Range in the State of Utah as
wilderness, and for other purposes.
_______________________________________________________________________
November 5, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed