[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2808 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2808
To designate certain National Forest System land in the Uinta-Wasatch-
Cache National Forest in Salt Lake County, Utah, as wilderness, to
facilitate a land exchange involving certain land in such National
Forest, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2013
Mr. Matheson introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To designate certain National Forest System land in the Uinta-Wasatch-
Cache National Forest in Salt Lake County, Utah, as wilderness, to
facilitate a land exchange involving certain land in such National
Forest, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wasatch Wilderness
and Watershed Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Designation of wilderness, Uinta-Wasatch-Cache National
Forests, Utah.
Sec. 3. Special management area, Uinta-Wasatch-Cache National Forests,
Utah.
Sec. 4. Administrative provisions related to wilderness areas.
Sec. 5. Existing water facilities.
Sec. 6. Land exchange, Uinta-Wasatch-Cache National Forests, Utah.
SEC. 2. DESIGNATION OF WILDERNESS, UINTA-WASATCH-CACHE NATIONAL
FORESTS, UTAH.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following Federal lands within the
Uinta-Wasatch-Cache National Forests in Salt Lake County, Utah, are
designated as wilderness and as either a new component of the National
Wilderness Preservation System or as an addition to an existing
component of the National Wilderness Preservation System:
(1) Lone peak wilderness addition.--Certain lands in the
vicinity of the Lone Peak Wilderness comprising approximately
4,602.6 acres, as generally depicted on the map titled
``Wasatch Wilderness and Watershed Protection Act'' and revised
April 23, 2013 (in this subsection referred to as the ``map''),
which shall be added to and administered as part of the Lone
Peak Wilderness designated by section 2(i) of Public Law 95-237
(92 Stat. 42).
(2) Mount olympus wilderness addition.--Certain lands in
the vicinity of the Mount Olympus Wilderness comprising
approximately 2,601.7 acres, as generally depicted on the map,
which shall be added to and administered as part of the Mount
Olympus Wilderness designated by section 102(a)(3) of Public
Law 98-428 (98 Stat. 1658).
(3) Wayne owens grandeur peak/mount aire wilderness.--
Certain lands comprising approximately 6,202.4 acres, as
generally depicted on the map, which shall be known as the
``Wayne Owens Grandeur Peak/Mount Aire Wilderness''.
(b) Map and Description.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a map and legal description of each
wilderness area designated or expanded by subsection (a). The
maps and legal descriptions shall be on file and available for
public inspection in the office of the Chief of the Forest
Service.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of Agriculture
may correct clerical and typographical errors in the maps and
legal descriptions.
(c) Special Rule for Lone Peak Wilderness Addition.--
Notwithstanding the wilderness designation made by subsection (a)(1),
the White Pine Reservoir, together with the ingress and egress routes
thereto in existence as of the date of the enactment of this Act, shall
continue to be operated, maintained, and upgraded as necessary, subject
to reasonable requirements to protect wilderness values.
SEC. 3. SPECIAL MANAGEMENT AREA, UINTA-WASATCH-CACHE NATIONAL FORESTS,
UTAH.
(a) Designation.--Subject to valid existing rights, the following
Federal lands in the Uinta-Wasatch-Cache National Forests are
established as special management areas:
(1) Mt. aire special management area.--Certain lands
comprising approximately 1,267.3 acres, as generally depicted
on a map titled ``Wasatch Wilderness and Watershed Protection
Act'' and revised April 23, 2013 (in this subsection referred
to as the ``map''), which shall be known as the ``Mt. Aire
Special Management Area''.
(2) Mt. olympus special management area.--Certain lands
comprising approximately 1,962.4 acres, as generally depicted
on the map, which shall be known as the ``Mt. Olympus Special
Management Area''.
(3) Twin peaks special management area.--Certain lands
comprising approximately 6,359.1 acres, as generally depicted
on the map, which shall be known as the ``Twin Peaks Special
Management Area''.
(4) Lone peak special management area.--Certain lands
comprising approximately 1,424.3 acres, as generally depicted
on the map, which shall be known as the ``Lone Peak Special
Management Area''.
(b) Maps and Descriptions.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a map and legal description of each
special management area established by subsection (a). The maps
and legal descriptions shall be on file and available for
public inspection in the office of the Chief of the Forest
Service.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of Agriculture
may correct typographical errors in the maps and legal
descriptions.
(c) Management.--
(1) In general.--The Secretary of Agriculture shall manage
the special management area established by subsection (a) to
maintain the presently existing wilderness character of the
special management area and the potential for inclusion of the
area in the National Wilderness Preservation System.
(2) Prohibitions.--
(A) Permanent roads.--Permanent roads may not be
established in the special management areas.
(B) Temporary roads and vehicles.--Except as
necessary to meet the minimum requirements for the
administration of the special management areas and to
protect public health and safety--
(i) the use of motorized or mechanized
vehicles, except as described in paragraph (3),
is prohibited in the special management area;
and
(ii) the establishment of temporary roads
is prohibited in the special management areas.
(3) Allowable activities.--The Secretary of Agriculture may
authorize commercial helicopter-assisted skiing and
snowboarding activities (known as ``heliskiing''), as
authorized on the Federal lands included within the special
management areas as of the date of the enactment of this Act,
to continue within the special management area. Except as
provided in subsection (d), upon the expiration of an
authorization in effect as of the date of enactment of this Act
for heliskiing, the Secretary may reissue such authorizations
in accord with Forest Service procedures.
(4) Applicable law.--Any uses of the Federal lands included
within the special management area, including activities
described in paragraph (3), shall be carried out in accordance
with applicable law.
(d) Eventual Wilderness Designation.--
(1) Timeline.--Within one year from the time in which all
commercial helicopter-assisted skiing and snowboarding
activities within any special management area established by
subsection (a) are no longer authorized or have otherwise
terminated within the special management area, the Secretary of
Agriculture shall publish notice to that effect in the Federal
Register.
(2) Designation as wilderness.--The Federal lands included
within a special management area for which notice has been
published under paragraph (1) shall be designated as wilderness
and added to the National Wilderness Preservation System,
effective on the date of the notice, as follows:
(A) The lands included in the Mt. Aire Special
Management Area shall be added to and administered as
part of the Wayne Owens Grandeur Peak/Mount Aire
Wilderness established by section 2.
(B) The lands included in the Mt. Olympus Special
Management Area shall be added to and administered as a
part of the Mount Olympus Wilderness designated by
section 102(a)(3) of Public Law 98-428 (98 Stat. 1658)
and expanded by section 2.
(C) The lands included in the Twin Peaks Special
Management Area shall be added to and administered as a
part of the Twin Peaks Wilderness designated by section
102(a)(4) of Public Law 98-428 (98 Stat. 1658).
(D) The lands included in the Lone Peak Special
Management Area shall be added to and administered as
part of the Lone Peak Wilderness designated by section
2(i) of Public Law 95-237 (92 Stat. 42) and expanded by
section 2.
SEC. 4. ADMINISTRATIVE PROVISIONS RELATED TO WILDERNESS AREAS.
(a) Covered Land Defined.--In this section, the term ``covered
land'' means--
(1) the wilderness areas designated or expanded by sections
2 and 3; and
(2) the special management areas designated by section 3.
(b) Administration Generally.--Subject to valid rights in existence
on the date of the enactment of this Act, land designated as wilderness
by section 2 or 3 shall be administered by the Secretary of Agriculture
in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this Act.
(c) Treatment of Effective Date of Wilderness Act.--
(1) In general.--With respect to land designated as
wilderness by section 2, any reference in the Wilderness Act
(16 U.S.C. 1131 et seq.) to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of
the enactment of this Act.
(2) Special management areas.--With respect to the lands
designated as wilderness by section 3, any reference in the
Wilderness Act to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of the applicable
Federal Register notice referred to in section 3(d)(1).
(d) Fish and Wildlife.--Nothing in this Act shall affect the
jurisdiction or responsibility of the State of Utah with respect to
wildlife and fish.
(e) No Buffer Zones.--
(1) In general.--Nothing in this Act shall create a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use can be seen or heard from within
covered land shall not preclude the conduct of the activity or
use outside the boundary of the covered land.
(f) Withdrawal.--Subject to valid rights in existence on the date
of the enactment of this Act, covered land is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under public land
laws;
(2) location, entry, and patent under mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(g) Acquired Land.--Any land or interest in land located inside the
boundaries of covered land that is acquired by the United States after
the date of the enactment of this Act shall become part of the relevant
wilderness or special management area and shall be managed in
accordance with this Act and other applicable law.
(h) Fire, Insects, and Disease.--In accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of
Agriculture may take such measures in the covered land as the Secretary
determines to be necessary for the control of fire, insects, and
diseases, including, as the Secretary determines to be appropriate, the
coordination of those activities with a State or local agency.
SEC. 5. EXISTING WATER FACILITIES.
Nothing in this Act affects the ability to continue to maintain the
Mount Haven, Mill D Summer Home, Beartrap, and Cardiff water systems
that exist as of the date of the enactment of this Act (as shown on the
map titled ``Wasatch Wilderness and Watershed Protection Act'' and
revised April 23, 2013, outside the boundaries of the wilderness
additions and special management areas designated by this Act.
SEC. 6. LAND EXCHANGE, UINTA-WASATCH-CACHE NATIONAL FORESTS, UTAH.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 323 acres of National Forest System land in the
Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah,
identified as ``NFS Land to be Conveyed'' on the map.
(2) Map.--The term ``map'' means the map titled ``Wasatch
Wilderness and Watershed Protection Act'' and revised April 23,
2013, which map shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(3) Non-federal land.--The term ``non-Federal land'' means
the parcels of private land identified as ``Land to be acquired
by USFS'' on the map, including--
(A) the approximately 116 acres of private land
identified as ``White Pine parcel'' on the map, which
will be incorporated into the Lone Peak Wilderness as
provided in subsection (h)(1);
(B) the approximately 266 acres of private land
identified as ``Superior parcels'' on the map, which
will be administered as a special management area as
provided in subsection (h)(2);
(C) the approximately 160 acres of private land
identified as ``High Uintas'' parcel on the map, which
will be incorporated into the High Uintas Wilderness as
provided in subsection (h)(3); and
(D) such other lands owned by Snowbird that are
acceptable to the Secretary as components of the land
exchange authorized and directed by this section,
except that such lands may not replace any of the lands
identified in a preceding subparagraph.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Snowbird.--The term ``Snowbird'' means Snowbird Ltd., a
Utah Limited Partnership.
(b) Land Exchange.--
(1) Authorized and directed.--If Snowbird offers to the
Secretary the land described in paragraph (2), the Secretary
shall--
(A) accept the land for management as provided in
subsection (h); and
(B) convey and quitclaim to Snowbird all right,
title, and interest of the United States in and to the
Federal land.
(2) Snowbird offered lands.--The private land offered by
Snowbird in the land exchange shall include, in priority order,
all right, title, and interest of Snowbird in the parcels
identified in subparagraphs (A), (B), and (C) of subsection
(a)(3) and such other lands agreed upon as part of the exchange
to be conveyed to the United States under subparagraph (D) of
such subsection.
(3) Existing rights.--The conveyance of the Federal land
under this section shall be subject to valid existing rights.
(4) Title.--As a condition on the consummation of the land
exchange, title to the non-Federal land must be acceptable to
the Secretary, which shall be determined in conformity with the
title standards of the Attorney General.
(5) Compliance with existing law.--Except as otherwise
provided in this section, the Secretary shall carry out the
land exchange under this section in accordance with section 206
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(c) Land Descriptions.--
(1) Survey requirement.--The exact acreage and legal
description of the Federal land and non-Federal land to be
exchanged under this section shall be determined by surveys
approved by the Secretary.
(2) Reconfiguration of lands.--By mutual agreement, the
Secretary and Snowbird may reconfigure the land to be exchanged
under this section to facilitate management of the land or
eliminate fragmented parcels whose management is uneconomical.
The use of such reconfiguration authority shall be minimized
and involve the smallest quantity of acreage practicable to
achieve the objectives of improving management of the exchanged
land or eliminating fragmented parcels.
(d) Valuation.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this section--
(A) shall be equal, as determined by appraisals
conducted in accordance with subsection (e); or
(B) if not equal, shall be equalized in the manner
provided in section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)), except
that the Secretary may accept cash equalization
payments in excess of 25 percent to facilitate the land
exchange.
(2) Deposit and use of cash equalization payments.--Any
cash equalization payments received by the Secretary under
paragraph (1) shall be deposited into the account established
by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C.
484a). The amounts deposited shall be available, in such
amounts as may be provided in advance in appropriation Acts,
until expended for the acquisition of lands and interests in
lands for the National Forest System.
(e) Appraisals.--Section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)) shall apply to the appraisal
of the Federal land and non-Federal land, including the conservation
easement described in subsection (g), to be exchanged under this
section, except that the Secretary and Snowbird shall consult with the
proposed recipient of the conservation easement in the selection of the
appraiser.
(f) Administrative Costs.--Snowbird shall cover the costs of
survey, appraisal, and any other administrative expenses related to the
land exchange under this section.
(g) Conservation Easement.--
(1) Contingency.--The obligation of the Secretary to
consummate the land exchange under this section is contingent
upon the execution of a binding agreement to convey a
conservation easement, consistent with the terms of this
subsection, for the approximately 298 acres of private land
identified as ``Flagstaff parcel'' on the map from Snowbird
to--
(A) Utah Open Lands (a non-profit land trust
incorporated in the State of Utah); or
(B) another land trust or the Salt Lake City
Department of Public Utilities if Utah Open Lands is
unwilling to accept conveyance of the conservation
easement.
(2) Required terms.--Except as determined to be necessary
by the holder of the conservation easement described in
paragraph (1) to meet the minimum requirements for the
administration of the easement area in its undeveloped state or
to protect public health and safety, the conservation easement
shall contain the following prohibitions:
(A) No subdivision.
(B) No roads, other than temporary roads
constructed and used for cleanup of mining areas.
(C) No commercial enterprises.
(D) No permanent structures, except structures
associated with avalanche control that serve to
mitigate avalanche hazards to the Town of Alta, Utah,
and Little Cottonwood Canyon Road.
(3) Occupancy and use of easement area.--The conservation
easement shall grant the easement holder sole authority to
regulate the occupancy and use of the easement area including--
(A) the prohibition or restriction of motorized
vehicles and equipment; and
(B) the conduct of avalanche control activities.
(4) Restoration and remediation.--The conservation easement
shall reserve, in the fee owner of the land encumbered by the
easement, the right to conduct restoration and remediation of
hazardous substances from past mining and related construction
activities on the land.
(5) Effect of failure to convey easement.--If an entity
described in paragraph (1) is unwilling to accept conveyance of
the conservation easement subject to the terms provided in this
subsection, the Secretary is relieved of any obligation to
consummate the land exchange under this section.
(h) Management of Land Acquired by the Secretary.--
(1) White pine parcel.--On acquisition by the Secretary,
the parcel identified as ``White Pine parcel'' on the map shall
be--
(A) incorporated into the Lone Peak Wilderness
established by section 2(i) of Public Law 95-237 (92
Stat. 42; 16 U.S.C. 1132 note) and expanded by section
2; and
(B) administered in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.) and this Act.
(2) Superior parcel.--On acquisition by the Secretary, the
parcel identified as ``Superior parcel'' on the map shall be--
(A) added to the Uinta-Wasatch-Cache National
Forests as a special management area; and
(B) administered in accordance with subsection (c)
of section 3, except paragraph (3) of such subsection
shall not apply to the parcel and the Secretary may
allow avalanche control devices within the parcel for
the sole purpose of protecting public health and
safety.
(3) High uintas parcel.--On acquisition by the Secretary,
the parcel identified as ``High Uintas parcel'' on the map
shall be--
(A) incorporated into the Evanston Ranger District
of the Uinta-Wasatch-Cache National Forests; and
(B) administered in accordance with the land and
resource management plan for the Uinta-Wasatch-Cache
National Forests.
(4) Other lands.--On acquisition by the Secretary of any
non-Federal land included in the land exchange pursuant to
subsection (a)(3)(D), the acquired land shall be added to and
administered as part of the Uinta-Wasatch-Cache National
Forest, subject to the laws and regulations applicable to the
National Forest System.
(i) Withdrawal.--Subject to valid existing rights, the land
acquired by the Secretary in the land exchange under this section is
withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
energy leasing.
(j) Environmental Liabilities.--
(1) Effect of existence of contamination.--If any of the
non-Federal land is determined to be contaminated, including
contamination resulting from solid wastes, hazardous wastes or
substances, pollutants or contaminants, or other regulated
substances, or that the non-Federal land is in a condition that
would constitute a violation of any applicable Federal, State,
or local laws or regulations related to health, safety, or the
environment, and that such contamination or violation existed
before the date of the enactment of this Act--
(A) the Secretary may require that such land, or
the contaminated portion of the land, be removed from
the exchange before consummation of the land exchange;
or
(B) the Secretary may retain such land in the land
exchange, subject to the condition that Snowbird agree
to indemnify the United States or Salt Lake City, as
appropriate, and pay all costs to restore or remediate
any damages caused by the past release, spill, or
disposal of hazardous substances, pollutants, or
contaminants necessary to bring the land into
compliance with all applicable health, safety, and
environmental laws, and furthermore, for any discharges
or draining from any man-made features on the non-
Federal lands which the Secretary retains, Snowbird
will obtain, and maintain, in perpetuity, any Federal
or State permits that may be or become necessary to
comply with applicable health, safety, or environmental
laws.
(2) Conservation easement.--Acceptance by Utah Open Lands,
or another land trust or the Salt Lake City Department of
Public Utilities, of the conservation easement described in
subsection (g) shall not make the holder of the conservation
easement either an owner or operator with respect to the land
encumbered by the easement under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.), nor shall the conveyance of the
easement absolve the fee owner of the land of any liability
under such Act, the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), or any other Federal, State, or local
environmental law or regulation.
(3) Hold harmless.--Snowbird shall hold the United States
harmless for any liability for the condition of the Federal
land received by Snowbird in the land exchange under this
section, whether the condition on the Federal land was caused
by the negligence of the United States, or the result of any
approval by the United States of an authorized activity on the
Federal land.
(4) Exception of federal land from certain covenants.--
Clauses (ii) and (iii) of section 120(h)(3)(A) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 6920(h)(3)(A)) shall not apply
to the conveyance of the Federal land under this section.
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