[Congressional Record Volume 141, Number 175 (Tuesday, November 7, 1995)]
[House]
[Pages H11799-H11801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  EXCHANGE OF LANDS WITH THE WATER CONSERVANCY DISTRICT OF WASHINGTON 
                               COUNTY, UT

  Mr. COOLEY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1838) to provide for an exchange of lands with the Water 
Conservancy District of Washington County, UT.
  The Clerk read as follows:

                               H.R. 1838

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

     SECTION 1. EXCHANGE OF LANDS WITH THE WATER CONSERVANCY 
                   DISTRICT OF WASHINGTON COUNTY, UTAH.

       (a) 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 


[[Page H 11800]]
     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.
       (b) Water Rights Associated With the Bulloch Site.--The 
     water rights associated with the Bulloch Site shall not be 
     included in the transfer under subsection (a) but shall be 
     subject to an agreement between the District and the 
     Secretary that the water remain in the Virgin River as an 
     instream flow from the Bulloch Site to the diversion point of 
     the District at the Quail Creek Reservoir.
       (c) Withdrawal of Mineral Interests.--Subject to valid 
     existing rights, the mineral interests underlying the Sand 
     Hollow Site, the Quail Creek Reservoir, and the Quail Creek 
     Pipeline are hereby withdrawn from disposition under the 
     public land laws and from location, entry, and patent under 
     the mining laws of the United States, from the operation of 
     the mineral leasing laws of the United States, from the 
     operation of the Geothermal Steam Act of 1970, and from the 
     operation of the Act of July 31, 1947, commonly known as the 
     ``Materials Act of 1947'' (30 U.S.C. 601 et seq.).
       (d) Grazing.--The exchange of lands under subsection (a) 
     shall be subject to agreement by the District to continue to 
     permit the grazing of domestic livestock on the Sand Hollow 
     Site under the terms and conditions of existing Federal 
     grazing leases or permits, except that the District, upon 
     terminating any such lease or permit, shall fully compensate 
     the holder of the terminated lease or permit.

     SEC. 2. EQUALIZATION OF VALUES.

       The value of the lands transferred out of Federal ownership 
     under section 1 either shall be equal to the value of the 
     lands received by the Secretary under section 1 or, if not, 
     shall be equalized by--
       (1) to the extent possible, transfer of all right, title, 
     and interest of the District in and to lands in Washington 
     County, Utah, and water rights of the District associated 
     thereto, which are within the area providing habitat for the 
     desert tortoise, as determined by the Director of the Bureau 
     of Land Management;
       (2) transfer of all right, title, and interest of the 
     District in and to lands in the Smith Site and water rights 
     of the District associated thereto; and
       (3) the payment of money of the Secretary, to the extent 
     that lands and rights transferred under paragraphs (1) and 
     (2) are not sufficient to equalize the values of the lands 
     exchanged under section 1.

     SEC. 3. MANAGEMENT OF LANDS ACQUIRED BY UNITED STATES.

       Lands acquired by the Secretary under this Act shall be 
     administered by the Secretary, acting through the Director of 
     the Bureau of Land Management, in accordance with the 
     provisions of law generally applicable to the public lands, 
     including the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.).

     SEC. 4. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

       The exchange of lands under this Act is not subject to 
     section 102 of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332).

     SEC. 5. DEFINITIONS.

       As used in this Act:
       (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, more particularly described as follows:
       

                              BULLOCH SITE                              
                                                                        
                                                                        
                                   Section                         Acres
T 39 S R 9 W (Private)                   32  S\1/2\                  320
                                         33  SW\1/4\, S\1/2\         180
                                              SW\1/4\ NW\1/4\           
                                                                 -------
                                               Total                 500
                                                                 -------
                                                                        
T 40 S R 9 W (State)                      5  S\1/2\, SW\1/4\         400
                                              NE\1/4\, NE\1/4\          
                                              NE\1/4\                   
                                          6  S\1/2\, NE\1/4\         480
                                                                 -------
                                               Total                 880
                                                                 -------
                                               GRAND TOTAL         1,380
                                                                        

       (4) Sand hollow site.--The term ``Sand Hollow Site'' means 
     the lands located in Washington County, Utah, more 
     particularly described as follows:
       

                       SAND HOLLOW RESERVOIR SITE                       
                                                                        
                                                                        
                                   Section                         Acres
T 42 S R 14 W                            13  SW\1/4\                 160
                                         23  E\1/2\, E\1/2\ W\1/     480
                                              2\                        
                                         24  All                     640
                                         26  NE\1/4\, E\1/2\         320
                                              NW\1/4\, N\1/2\           
                                              SE\1/2\                   
                                         25  All                     640
T 42 S R 13 W                            19  W\1/2\, SW\1/4\         360
                                              SE\1/4\                   
                                         30  W\1/2\, W\1/2\ NE\1/    400
                                              4\                        
                                                                 -------
                                               GRAND TOTAL         3,000
                                                                        

       (5) Quail creek pipeline.--The term ``Quail Creek 
     Pipeline'' means the lands located in Washington County, 
     Utah, more particularly described as follows:
       

                          QUAIL CREEK PIPELINE                          
                                                                        
                                                                        
                                   Section                         Acres
T 41 S R 12 W                            30  NW\1/4\ NW\1/4\          40
River-pipeline                                                          
                                                                 -------
                                               Total                  40
                                                                        

       (6) Quail creek reservoir.--The term ``Quail Creek 
     Reservoir'' means the lands located in Washington County, 
     Utah, more particularly described as follows:
       

                          QUAIL CREEK RESERVOIR                         
                                                                        
                                                                        
                                   Section                        Acres 
T 41 S R 14 W                            23  Tract 38               9.51
                                         23  Lot 2                 40.00
                                         23  SW\1/4\ SW\1/4\        2.50
                                              SE\1/4\ SE\1/4\           
                                                                --------
                                               Total               52.01
                                                                        
                                         25  W\1/2\ SW\1/4\           20
                                              NW\1/4\                   
                                         25  SE\1/4\ SW\1/4\          10
                                              NW\1/4\                   
                                         25  W\1/2\ SE\1/4\            5
                                              SE\1/4\ NW\1/4\           
                                         25  NW\1/4\ SW\1/4\          40
                                         25  W\1/2\ W\1/2\ NE\1/      10
                                              4\ SW\1/4\                
                                                                --------
                                               Total                  85
                                                                        
                                         26  Lot 1                 15.97
                                         26  Lot 8                 40.00
                                         26  Lot 12                17.45
                                         26  Lot 15                42.23
                                         26  Lot 16                42.39
                                         26  SE\1/4\ NE\1/4\       40.00
                                                                --------
                                               Total              198.04
                                                                        
                                         35  E\1/2\ E\1/2\ NW\1/   40.00
                                              4\                        
                                         35  SW\1/4\ NE\1/4\       40.00
                                         35  W\1/2\ SE\1/4\        20.00
                                              NE\1/4\                   
                                         35  NE\1/4\ SE\1/4\       10.00
                                              NE\1/4\                   
                                         35  N\1/2\ NW\1/4\        20.00
                                              SE\1/4\                   
                                         35  NW\1/4\ NE\1/4\       10.00
                                              SE\1/4\                   
                                         35  N\1/2\ SE\1/4\         5.00
                                              NW\1/4\ SE\1/4\           
                                                                --------
                                               Total              145.00
                                                                --------
                                               Grand Total        480.05
                                                                        

       (7) Smith site.--The term ``Smith Site'' means the lands 
     located in Washington County, Utah, adjacent to Zion National 
     Park and more particularly described as follows:
       

                             SMITH PROPERTY                             
                                                                        
                                         Section                        
                                                                        
T 40 S R 11 W                                  5  Lots 3, 4, 5, 6, 7, 8,
                                                   9, 10, & 11 E\1/2\   
                                                   SW\1/4\, SE\1/4\ NW\1/
                                                   4\                   
                                               6  Lot 1, S\1/2\, NE\1/4\
                                                   and beginning at a   
                                                   point 2 rods west of 
                                                   the northeast corner 
                                                   of the northeast     
                                                   quarter of the       
                                                   southeast quarter;   
                                                   thence east 2 rods;  
                                                   thence south 80 rods;
                                                   thence west 16 rods; 
                                                   thence in a          
                                                   northeasterly        
                                                   direction to the     
                                                   point of beginning   
                                               8  E\1/2\ NW\1/4\, E\1/2\
                                                   SW\1/4\ and lots 1 & 
                                                   2 excepting the south
                                                   1200 feet of the SE\1/
                                                   4\ SW\1/4\           
T 39 S R 11 W                                 30  W\1/2\ NE\1/4\, W\1/2\
                                                   SE\1/4\, SE\1/4\ SW\1/
                                                   4\, W\1/2\ SE\1/4\   
                                                   NE\1/4\, W\1/2\ E\1/ 
                                                   2\ SE\1/4\           
                                              31  E\1/2\, E\1/2\ SW\1/4\
                                                   and lots 3 & 4       
                                              32  SW\1/4\               
                                                  Containing 1,550 acres
                                                   more or less         
                                                                        


  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon [Mr. Cooley] will be recognized for 20 minutes, and the 
gentleman from New Mexico [Mr. Richardson] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from Oregon [Mr. Cooley].
  (Mr. COOLEY asked and was given permission to revise and extend his 
remarks.)
  Mr. COOLEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1838, sponsored by Mr. Hansen, 
which would allow the Water Conservancy District of Washington County, 
UT, and the Department of the Interior to achieve a number of high 
priority objectives. As a result of the legislation, the conservancy 
district will be authorized to acquire lands needed for the proposed 
Sand Hollow offstream water storage reservoir and lands inundated by 
the existing Quail Creek Reservoir and other lands essential to 
reservoir operation.
  In exchange, the Department of the Interior would receive the Bulloch 
water storage reservoir site and other lands adjacent to Zion National 
Park, which are important to preserve 

[[Page H 11801]]

instream flows and operation of the natural hydrograph of the North 
Fork of the Virgin River through the park. Exchange of these lands is 
an essential component in the resolution of the parks water flow 
agreement with the State of Utah. The exchange will also allow the 
Department of the Interior to acquire critical habitat for the desert 
tortoise, a threatened species.
  The Bulloch Reservoir site lies above Zion National Park and its 
acquisition has been a goal of the National Park Service for many 
years. Locating an alternative water storage site in Sand Hollow is a 
good-faith effort by the water district to accommodate this concern.
  This noncontroversial bill was favorably reported by the Committee on 
Resources by voice vote. I commend the chairman of the subcommittee for 
his excellent work on this measure and urge the Members of the House to 
support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, this land exchange will allow the 
Department of the Interior to acquire needed land for the Bulloch Water 
Storage Reservoir Site as well as lands adjacent to the Zion National 
Park in exchange for lands needed by the Washington County Water 
Conservancy District for water storage. The exchange will also provide 
the Department of the Interior with critical habitat lands for the 
desert tortoise.
  The administration supports this land exchange, and I encourage my 
colleagues to support it.
  Mr. Speaker, I urge support of this bill and I yield back the balance 
of my time.
  Mr. COOLEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon [Mr. Cooley] that the House suspend the rules and 
pass the bill, H.R. 1838.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________