[Congressional Record Volume 147, Number 103 (Monday, July 23, 2001)]
[House]
[Pages H4381-H4382]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             MOUNT NEBO WILDERNESS BOUNDARY ADJUSTMENT ACT

  Mr. GIBBONS. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 451) to make certain adjustments to the boundaries of the 
Mount Nebo Wilderness Area, and for other purposes, as amended.
  The Clerk read as follows:

                                H.R. 451

       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 ``Mount Nebo Wilderness 
     Boundary Adjustment Act''.

     SEC. 2. BOUNDARY ADJUSTMENTS.

       (a) Lands Removed.--The boundary of the Mount Nebo 
     Wilderness is adjusted to exclude the following:
       (1) Monument springs.--The approximately 8.4 acres of land 
     depicted on the Map as ``Monument Springs''.
       (2) Gardner canyon.--The approximately 177.8 acres of land 
     depicted on the Map as ``Gardner Canyon''.
       (3) Birch creek.--The approximately 5.0 acres of land 
     depicted on the Map as ``Birch Creek''.
       (4) Ingram canyon.--The approximately 15.4 acres of land 
     depicted on the Map as ``Ingram Canyon''.
       (5) Willow north a.--The approximately 3.4 acres of land 
     depicted on the Map as ``Willow North A''.
       (6) Willow north b.--The approximately 6.6 acres of land 
     depicted on the Map as ``Willow North B''.
       (7) Willow south.--The approximately 21.5 acres of land 
     depicted on the Map as ``Willow South''.
       (8) Mendenhall canyon.--The approximately 9.8 acres of land 
     depicted on the Map as ``Mendenhall Canyon''.
       (9) Wash canyon.--The approximately 31.4 acres of land 
     depicted on the Map as ``Wash Canyon''.
       (b) Lands Added.--Subject to valid existing rights, the 
     boundary of the Mount Nebo Wilderness is adjusted to include 
     the approximately 293.2 acres of land depicted on the Map for 
     addition to the Mount Nebo Wilderness. The Utah Wilderness 
     Act of 1984 (Public Law 94-428) shall apply to the land added 
     to the Mount Nebo Wilderness pursuant to this subsection.

     SEC. 3. MAP.

       (a) Definition.--For the purpose of this Act, the term 
     ``Map'' shall mean the map entitled ``Mt. Nebo Wilderness 
     Boundary Adjustment'', numbered 531, and dated May 29, 2001.
       (b) Map on File.--The Map and the final document entitled 
     ``Mount Nebo, Proposed Boundary Adjustments, Parcel 
     Descriptions (See Map #531)'' and dated June 4, 2001, shall 
     be on file and available for inspection in the office of the 
     Chief of the Forest Service, Department of Agriculture.
       (c) Corrections.--The Secretary of Agriculture may make 
     technical corrections to the Map.

     SEC. 4. TECHNICAL BOUNDARY ADJUSTMENT.

       The boundary of the Mount Nebo Wilderness is adjusted to 
     exclude the approximately 21.26 acres of private property 
     located in Andrews Canyon, Utah, and depicted on the Map as 
     ``Dale''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Gibbons) and the gentleman from Massachusetts (Mr. 
McGovern) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 451, the Mount Nebo Wilderness Boundary 
Adjustment Act, was introduced by the gentleman from Utah (Mr. Hansen), 
who also serves as the chairman for the Committee on Resources, to 
resolve an ongoing dispute over access to several small water systems 
located in a Forest Service wilderness area in Juab County, Utah.
  In 1984, Congress passed the Utah Wilderness Act, which designated 
800,000 acres of wilderness on Forest Service lands in Utah. One of 
those areas was the Mount Nebo wilderness area. Unfortunately, due to a 
clerical error, several small water systems, springs, pipelines, and 
collection boxes were erroneous included in the wilderness boundary. 
These water systems supplied the towns of Nephi and Mona, Utah, with 
most of its culinary water. Because of the wilderness designation, 
access to these systems was restricted, even for routine maintenance. 
Since that time, these systems have deteriorated due to lack of that 
very needed maintenance.
  After years of trying to reach a solution through administrative 
means, Juab County and the Forest Service concluded that a legislative 
boundary adjustment was necessary to exclude these water developments 
and the private inholdings in that area. This bill, Madam Speaker, 
accomplishes that purpose.
  In the Committee on Resources an amendment was accepted which reduced 
the number of acres impacted by nearly one-third. The committee also 
removed water language that some found objectionable. The committee 
made additional adjustments to include roadless Forest Service lands as 
wilderness to compensate for the lands removed, resulting in a net 
increase of 13 acres to the 800,000 acre previously designated 
wilderness area. The end result is that Nehi City and the Town of Mona 
will have access to their historic water developments, private 
inholdings have been removed from the wilderness area, and the Forest 
Service will have a wilderness area with less human intrusion and fewer 
access issues.
  Madam Speaker, I urge the passage of H.R. 451.
  Madam Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Madam Speaker, I yield myself such time as I may 
consume.
  (Mr. McGOVERN asked and was given permission to revise and extend his 
remarks.)
  Mr. McGOVERN. Madam Speaker, H.R. 451 would adjust the boundaries of 
the Mount Nebo wilderness on the Uinta National Forest in Utah by 
removing approximately 279 acres and adding approximately 293 acres. 
The nine parcels to be excluded from wilderness include mines, private 
property, and water transmission and storage facilities.
  Under existing law, water system operator permittees must get 
permission from the Regional Forester to maintain their systems by 
motorized access. Complying with stringent guidelines for wilderness 
management, the Forest Service has not routinely granted these 
requests. H.R. 451 addresses the difficulties encountered by these 
operators by ``cherry stemming'' these areas out of the wilderness.
  While amendments in committee significantly improve the bill, it 
still lacks language that would restrict motorized use in areas removed 
from wilderness to repairing or maintaining existing facilities 
operating under current special use permits. Without this language, 
H.R. 451 could lead to more widespread use of motorized vehicles in and 
around the wilderness and make boundary management difficult.
  We believe changes to wilderness boundaries and management should not 
be made lightly or done routinely. Wilderness bills are the result of 
lengthy, carefully crafted negotiations. Areas included and excluded 
from wilderness are rarely accidental. Legislation that overrides the 
Wilderness Act undermines the Act and degrades wilderness value. H.R. 
451 addresses a unique situation, and we will not object to it. 
However, we hope it will not serve as precedent for future 
modifications to congressionally designated wilderness boundaries. We 
also hope that, rather than moving bills that remove land from the 
National Wilderness Preservation System, the committee will focus on 
moving bills that add significant acreage of wilderness to the system.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.

[[Page H4382]]

  Mr. GIBBONS. Madam Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules 
and pass the bill, H.R. 451, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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