[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Senate]
[Pages S4344-S4349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mrs. Boxer, Ms. Cantwell, Mr. Cardin, 
        Mr. Feingold, Mr. Harkin, Mr. Kennedy, Mr. Kerry, Mr. 
        Lautenberg, Mr. Leahy, Mr. Lieberman, Mr. Menendez, Mr. Reed, 
        Mr. Sanders, Ms. Stabenow, and Mr. Whitehouse):
  S. 799. A bill to designate as wilderness certain Federal portions of 
the red rock canyons of the Colorado Plateau and the Great Basin 
Deserts in the State of Utah for the benefit of present and future 
generations of people in the United States; to the Committee on Energy 
and Natural Resources.
  Mr. DURBIN. Mr. President, I rise today to introduce America's Red 
Rock Wilderness Act of 2009. This legislation continues our commitment 
to preserve natural resources in this country.
  America's Red Rock Wilderness Act will designate as wilderness some 
of our nation's most remarkable, but currently unprotected public 
lands. Bureau of Land Management, BLM, lands in Utah harbor some of the 
largest and most remarkable roadless desert areas anywhere in the 
world. Included in the 9.4 million acres I seek to protect are well 
known landscapes, such as the Grand Staircase-Escalante National 
Monument, and lesser known areas just outside Zion National Park, 
Canyonlands National Park, and Arches National Park. Together this wild 
landscape offers spectacular vistas of rare rock formations, canyons 
and desert lands, important archaeological sites, and habitat for rare 
plant and animal species.
  I have visited many of the areas this act would designate as 
wilderness. I can tell you that the natural beauty of these landscapes 
is a compelling reason for Congress to grant these lands wilderness 
protection. I have the honor of introducing legislation on the 20th 
anniversary of the year it was first introduced by my friend and former 
colleague in the House of Representatives, Wayne Owens. As a member of 
the Utah delegation, Congressman Owens pioneered the Congressional 
effort to protect Utah's red rock wilderness. He did this with broad 
public support, which still exists not only in Utah, but in all corners 
of Nation.
  The wilderness designated in this bill was chosen based on more than 
20 years of meticulous research and surveying. Volunteers have taken 
inventories of thousands of square miles of BLM land in Utah to help 
determine which lands should be protected. These volunteers provided 
extensive documentation to ensure that these areas meet Federal 
wilderness criteria. The BLM also completed an inventory of 
approximately 7.5 million acres of the land that would be protected by 
America's Red Rock Wilderness Act and agreed that the vast majority 
qualify for wilderness designation.
  For more than 20 years, Utah conservationists have been working to 
add the last great blocks of undeveloped BLM-administered land in Utah 
to the National Wilderness Preservation System. Together, we celebrate 
the recent passage of a national public lands bill that protects over 
180,000 acres of wilderness in Washington County, UT, for future 
generations. The more than 9 million acres of lands that would be 
protected by this legislation surround eleven of Utah's national park, 
monument and recreation areas. These proposed BLM wilderness areas 
easily equal their neighboring national parklands in scenic beauty, 
opportunities for recreation, and ecological importance. Yet, unlike 
the parks, most of these scenic treasures lack any form of long-term 
protection from commercial development, damaging off-road vehicle use, 
or oil and gas exploration.
  Americans understand the need for wise stewardship of these wild 
landscapes. This legislation represents a realistic balance between the 
need to

[[Page S4345]]

protect our natural heritage and demand for energy. While wilderness 
designation has been portrayed as a barrier to energy independence, it 
is important to note that within the entire 9.4 million acres of 
America's Red Rock Wilderness Act the amount of ``technically 
recoverable'' undiscovered natural gas and oil resources amounts to 
less than four days of oil and four weeks of natural gas at current 
consumption levels. In fact, protecting these lands benefits local 
economies because of the recreational opportunities they provide.
  Unfortunately, scientists have already begun to see the impacts of 
global warming on public lands throughout the West. Hotter and drier 
conditions, larger wildfires, shrinking water resources, the spread of 
invasive species, soil erosion, and dust storms are all expected to 
increase over the next century. These threats make the need to protect 
the remaining undisturbed landscapes and wildlife habitats in Utah's 
red rock wilderness even more urgent.
  America's Red Rock Wilderness Act is a lasting gift to the American 
public. By protecting this serene yet wild land we are giving future 
generations the opportunity to enjoy the same untrammeled landscape 
that so many now cherish.
  I would like to thank my colleagues who are original cosponsors of 
this measure. Origin cosponsors are Senators Boxer, Cantwell, Cardin, 
Feingold, Harkin, Kennedy, Kerry, Lautenberg, Leahy, Lieberman, 
Menendez, Reed, Sanders, Stabenow, and Whitehouse. Additionally, I 
would like to thank the Utah Wilderness Coalition, which includes The 
Wilderness Society, the Sierra Club, the Natural Resources Defense 
Council, Earthjustice, and the Wasatch Mountain Club; the Southern Utah 
Wilderness Alliance; and all of the other national, regional and local, 
hard-working groups who, for years, have championed this legislation.
  Theodore Roosevelt once stated:

       The Nation behaves well if it treats the natural resources 
     as assets which it must turn over to the next generation 
     increased and not impaired in value.

  Enactment of this legislation will help us realize Roosevelt's 
vision. To protect these precious resources in Utah for future 
generations, I urge my colleagues to support America's Red Rock 
Wilderness Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 799

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``America's 
     Red Rock Wilderness Act of 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                TITLE I--DESIGNATION OF WILDERNESS AREAS

Sec. 101. Great Basin Wilderness Areas.
Sec. 102. Zion and Mojave Desert Wilderness Areas.
Sec. 103. Grand Staircase-Escalante Wilderness Areas.
Sec. 104. Moab-La Sal Canyons Wilderness Areas.
Sec. 105. Henry Mountains Wilderness Areas.
Sec. 106. Glen Canyon Wilderness Areas.
Sec. 107. San Juan-Anasazi Wilderness Areas.
Sec. 108. Canyonlands Basin Wilderness Areas.
Sec. 109. San Rafael Swell Wilderness Areas.
Sec. 110. Book Cliffs and Uinta Basin Wilderness Areas.

                  TITLE II--ADMINISTRATIVE PROVISIONS

Sec. 201. General provisions.
Sec. 202. Administration.
Sec. 203. State school trust land within wilderness areas.
Sec. 204. Water.
Sec. 205. Roads.
Sec. 206. Livestock.
Sec. 207. Fish and wildlife.
Sec. 208. Management of newly acquired land.
Sec. 209. Withdrawal.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Land 
     Management.
       (2) State.--The term ``State'' means the State of Utah.

                TITLE I--DESIGNATION OF WILDERNESS AREAS

     SEC. 101. GREAT BASIN WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the Great Basin region of western Utah is comprised of 
     starkly beautiful mountain ranges that rise as islands from 
     the desert floor;
       (2) the Wah Wah Mountains in the Great Basin region are 
     arid and austere, with massive cliff faces and leathery 
     slopes speckled with pinon and juniper;
       (3) the Pilot Range and Stansbury Mountains in the Great 
     Basin region are high enough to draw moisture from passing 
     clouds and support ecosystems found nowhere else on earth;
       (4) from bristlecone pine, the world's oldest living 
     organism, to newly-flowered mountain meadows, mountains of 
     the Great Basin region are islands of nature that--
       (A) support remarkable biological diversity; and
       (B) provide opportunities to experience the colossal 
     silence of the Great Basin; and
       (5) the Great Basin region of western Utah should be 
     protected and managed to ensure the preservation of the 
     natural conditions of the region.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Antelope Range (approximately 17,000 acres).
       (2) Barn Hills (approximately 20,000 acres).
       (3) Black Hills (approximately 9,000 acres).
       (4) Bullgrass Knoll (approximately 15,000 acres).
       (5) Burbank Hills/Tunnel Spring (approximately 92,000 
     acres).
       (6) Conger Mountains (approximately 21,000 acres).
       (7) Crater Bench (approximately 35,000 acres).
       (8) Crater and Silver Island Mountains (approximately 
     121,000 acres).
       (9) Cricket Mountains Cluster (approximately 62,000 acres).
       (10) Deep Creek Mountains (approximately 126,000 acres).
       (11) Drum Mountains (approximately 39,000 acres).
       (12) Dugway Mountains (approximately 24,000 acres).
       (13) Essex Canyon (approximately 1,300 acres).
       (14) Fish Springs Range (approximately 64,000 acres).
       (15) Granite Peak (approximately 19,000 acres).
       (16) Grassy Mountains (approximately 23,000 acres).
       (17) Grouse Creek Mountains (approximately 15,000 acres).
       (18) House Range (approximately 201,000 acres).
       (19) Keg Mountains (approximately 38,000 acres).
       (20) Kern Mountains (approximately 15,000 acres).
       (21) King Top (approximately 110,000 acres).
       (22) Ledger Canyon (approximately 9,000 acres).
       (23) Little Goose Creek (approximately 1,200 acres).
       (24) Middle/Granite Mountains (approximately 80,000 acres).
       (25) Mountain Home Range (approximately 90,000 acres).
       (26) Newfoundland Mountains (approximately 22,000 acres).
       (27) Ochre Mountain (approximately 13,000 acres).
       (28) Oquirrh Mountains (approximately 9,000 acres).
       (29) Painted Rock Mountain (approximately 26,000 acres).
       (30) Paradise/Steamboat Mountains (approximately 144,000 
     acres).
       (31) Pilot Range (approximately 45,000 acres).
       (32) Red Tops (approximately 28,000 acres).
       (33) Rockwell-Little Sahara (approximately 21,000 acres).
       (34) San Francisco Mountains (approximately 39,000 acres).
       (35) Sand Ridge (approximately 73,000 acres).
       (36) Simpson Mountains (approximately 42,000 acres).
       (37) Snake Valley (approximately 100,000 acres).
       (38) Stansbury Island (approximately 10,000 acres).
       (39) Stansbury Mountains (approximately 24,000 acres).
       (40) Thomas Range (approximately 36,000 acres).
       (41) Tule Valley (approximately 159,000 acres).
       (42) Wah Wah Mountains (approximately 167,000 acres).
       (43) Wasatch/Sevier Plateaus (approximately 29,000 acres).
       (44) White Rock Range (approximately 5,200 acres).

     SEC. 102. ZION AND MOJAVE DESERT WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the renowned landscape of Zion National Park, including 
     soaring cliff walls, forested plateaus, and deep narrow 
     gorges, extends beyond the boundaries of the Park onto 
     surrounding public land managed by the Secretary;
       (2) from the pink sand dunes of Moquith Mountain to the 
     golden pools of Beaver Dam Wash, the Zion and Mojave Desert 
     areas encompass 3 major provinces of the Southwest that 
     include--
       (A) the sculpted canyon country of the Colorado Plateau;

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       (B) the Mojave Desert; and
       (C) portions of the Great Basin;
       (3) the Zion and Mojave Desert areas display a rich mosaic 
     of biological, archaeological, and scenic diversity;
       (4) 1 of the last remaining populations of threatened 
     desert tortoise is found within this region; and
       (5) the Zion and Mojave Desert areas in Utah should be 
     protected and managed as wilderness areas.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Beaver Dam Mountains (approximately 30,000 acres).
       (2) Beaver Dam Wash (approximately 23,000 acres).
       (3) Beaver Dam Wilderness Expansion (approximately 8,000 
     acres).
       (4) Canaan Mountain (approximately 67,000 acres).
       (5) Cottonwood Canyon (approximately 12,000 acres).
       (6) Cougar Canyon/Docs Pass (approximately 41,000 acres).
       (7) Joshua Tree (approximately 12,000 acres).
       (8) Mount Escalante (approximately 17,000 acres).
       (9) Parunuweap Canyon (approximately 43,000 acres).
       (10) Red Butte (approximately 4,500 acres).
       (11) Red Mountain (approximately 21,000 acres).
       (12) Scarecrow Peak (approximately 16,000 acres).
       (13) Square Top Mountain (approximately 23,000 acres).
       (14) Zion Adjacent (approximately 58,000 acres).

     SEC. 103. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS.

       (a) Grand Staircase Area.--
       (1) Findings.--Congress finds that--
       (A) the area known as the Grand Staircase rises more than 
     6,000 feet in a series of great cliffs and plateaus from the 
     depths of the Grand Canyon to the forested rim of Bryce 
     Canyon;
       (B) the Grand Staircase--
       (i) spans 6 major life zones, from the lower Sonoran Desert 
     to the alpine forest; and
       (ii) encompasses geologic formations that display 
     3,000,000,000 years of Earth's history;
       (C) land managed by the Secretary lines the intricate 
     canyon system of the Paria River and forms a vital natural 
     corridor connection to the deserts and forests of those 
     national parks;
       (D) land described in paragraph (2) (other than East of 
     Bryce, Upper Kanab Creek, Moquith Mountain, Bunting Point, 
     and Vermillion Cliffs) is located within the Grand Staircase-
     Escalante National Monument; and
       (E) the Grand Staircase in Utah should be protected and 
     managed as a wilderness area.
       (2) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Bryce View (approximately 4,500 acres).
       (B) Bunting Point (approximately 11,000 acres).
       (C) Canaan Peak Slopes (approximately 2,300 acres).
       (D) East of Bryce (approximately 750 acres).
       (E) Glass Eye Canyon (approximately 24,000 acres).
       (F) Ladder Canyon (approximately 14,000 acres).
       (G) Moquith Mountain (approximately 16,000 acres).
       (H) Nephi Point (approximately 14,000 acres).
       (I) Paria-Hackberry (approximately 188,000 acres).
       (J) Paria Wilderness Expansion (approximately 3,300 acres).
       (K) Pine Hollow (approximately 11,000 acres).
       (L) Slopes of Bryce (approximately 2,600 acres).
       (M) Timber Mountain (approximately 51,000 acres).
       (N) Upper Kanab Creek (approximately 49,000 acres).
       (O) Vermillion Cliffs (approximately 26,000 acres).
       (P) Willis Creek (approximately 21,000 acres).
       (b) Kaiparowits Plateau.--
       (1) Findings.--Congress finds that--
       (A) the Kaiparowits Plateau east of the Paria River is 1 of 
     the most rugged and isolated wilderness regions in the United 
     States;
       (B) the Kaiparowits Plateau, a windswept land of harsh 
     beauty, contains distant vistas and a remarkable variety of 
     plant and animal species;
       (C) ancient forests, an abundance of big game animals, and 
     22 species of raptors thrive undisturbed on the grassland 
     mesa tops of the Kaiparowits Plateau;
       (D) each of the areas described in paragraph (2) (other 
     than Heaps Canyon, Little Valley, and Wide Hollow) is located 
     within the Grand Staircase-Escalante National Monument; and
       (E) the Kaiparowits Plateau should be protected and managed 
     as a wilderness area.
       (2) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Andalex Not (approximately 18,000 acres).
       (B) The Blues (approximately 21,000 acres).
       (C) Box Canyon (approximately 2,800 acres).
       (D) Burning Hills (approximately 80,000 acres).
       (E) Carcass Canyon (approximately 83,000 acres).
       (F) The Cockscomb (approximately 11,000 acres).
       (G) Fiftymile Bench (approximately 12,000 acres).
       (H) Fiftymile Mountain (approximately 203,000 acres).
       (I) Heaps Canyon (approximately 4,000 acres).
       (J) Horse Spring Canyon (approximately 31,000 acres).
       (K) Kodachrome Headlands (approximately 10,000 acres).
       (L) Little Valley Canyon (approximately 4,000 acres).
       (M) Mud Spring Canyon (approximately 65,000 acres).
       (N) Nipple Bench (approximately 32,000 acres).
       (O) Paradise Canyon-Wahweap (approximately 262,000 acres).
       (P) Rock Cove (approximately 16,000 acres).
       (Q) Warm Creek (approximately 23,000 acres).
       (R) Wide Hollow (approximately 6,800 acres).
       (c) Escalante Canyons.--
       (1) Findings.--Congress finds that--
       (A) glens and coves carved in massive sandstone cliffs, 
     spring-watered hanging gardens, and the silence of ancient 
     Anasazi ruins are examples of the unique features that entice 
     hikers, campers, and sightseers from around the world to 
     Escalante Canyon;
       (B) Escalante Canyon links the spruce fir forests of the 
     11,000-foot Aquarius Plateau with winding slickrock canyons 
     that flow into Glen Canyon;
       (C) Escalante Canyon, 1 of Utah's most popular natural 
     areas, contains critical habitat for deer, elk, and wild 
     bighorn sheep that also enhances the scenic integrity of the 
     area;
       (D) each of the areas described in paragraph (2) is located 
     within the Grand Staircase-Escalante National Monument; and
       (E) Escalante Canyon should be protected and managed as a 
     wilderness area.
       (2) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Brinkerhof Flats (approximately 3,000 acres).
       (B) Colt Mesa (approximately 28,000 acres).
       (C) Death Hollow (approximately 49,000 acres).
       (D) Forty Mile Gulch (approximately 6,600 acres).
       (E) Hurricane Wash (approximately 9,000 acres).
       (F) Lampstand (approximately 7,900 acres).
       (G) Muley Twist Flank (approximately 3,600 acres).
       (H) North Escalante Canyons (approximately 176,000 acres).
       (I) Pioneer Mesa (approximately 11,000 acres).
       (J) Scorpion (approximately 53,000 acres).
       (K) Sooner Bench (approximately 390 acres).
       (L) Steep Creek (approximately 35,000 acres).
       (M) Studhorse Peaks (approximately 24,000 acres).

     SEC. 104. MOAB-LA SAL CANYONS WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the canyons surrounding the La Sal Mountains and the 
     town of Moab offer a variety of extraordinary landscapes;
       (2) outstanding examples of natural formations and 
     landscapes in the Moab-La Sal area include the huge sandstone 
     fins of Behind the Rocks, the mysterious Fisher Towers, and 
     the whitewater rapids of Westwater Canyon; and
       (3) the Moab-La Sal area should be protected and managed as 
     a wilderness area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Arches Adjacent (approximately 12,000 acres).
       (2) Beaver Creek (approximately 41,000 acres).
       (3) Behind the Rocks and Hunters Canyon (approximately 
     22,000 acres).
       (4) Big Triangle (approximately 20,000 acres).
       (5) Coyote Wash (approximately 28,000 acres).
       (6) Dome Plateau-Professor Valley (approximately 35,000 
     acres).
       (7) Fisher Towers (approximately 18,000 acres).
       (8) Goldbar Canyon (approximately 9,000 acres).
       (9) Granite Creek (approximately 5,000 acres).
       (10) Mary Jane Canyon (approximately 25,000 acres).
       (11) Mill Creek (approximately 14,000 acres).
       (12) Porcupine Rim and Morning Glory (approximately 20,000 
     acres).
       (13) Renegade Point (approximately 6,600 acres).
       (14) Westwater Canyon (approximately 37,000 acres).

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       (15) Yellow Bird (approximately 4,200 acres).

     SEC. 105. HENRY MOUNTAINS WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the Henry Mountain Range, the last mountain range to be 
     discovered and named by early explorers in the contiguous 
     United States, still retains a wild and undiscovered quality;
       (2) fluted badlands that surround the flanks of 11,000-foot 
     Mounts Ellen and Pennell contain areas of critical habitat 
     for mule deer and for the largest herd of free-roaming 
     buffalo in the United States;
       (3) despite their relative accessibility, the Henry 
     Mountain Range remains 1 of the wildest, least-known ranges 
     in the United States; and
       (4) the Henry Mountain range should be protected and 
     managed to ensure the preservation of the range as a 
     wilderness area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System.
       (1) Bull Mountain (approximately 16,000 acres).
       (2) Bullfrog Creek (approximately 35,000 acres).
       (3) Dogwater Creek (approximately 3,400 acres).
       (4) Fremont Gorge (approximately 20,000 acres).
       (5) Long Canyon (approximately 16,000 acres).
       (6) Mount Ellen-Blue Hills (approximately 140,000 acres).
       (7) Mount Hillers (approximately 21,000 acres).
       (8) Mount Pennell (approximately 147,000 acres).
       (9) Notom Bench (approximately 6,200 acres).
       (10) Oak Creek (approximately 1,700 acres).
       (11) Ragged Mountain (approximately 28,000 acres).

     SEC. 106. GLEN CANYON WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the side canyons of Glen Canyon, including the Dirty 
     Devil River and the Red, White and Blue Canyons, contain some 
     of the most remote and outstanding landscapes in southern 
     Utah;
       (2) the Dirty Devil River, once the fortress hideout of 
     outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of 
     slickrock canyons through an imposing landscape of monoliths 
     and inaccessible mesas;
       (3) the Red and Blue Canyons contain colorful Chinle/
     Moenkopi badlands found nowhere else in the region; and
       (4) the canyons of Glen Canyon in the State should be 
     protected and managed as wilderness areas.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Cane Spring Desert (approximately 18,000 acres).
       (2) Dark Canyon (approximately 134,000 acres).
       (3) Dirty Devil (approximately 242,000 acres).
       (4) Fiddler Butte (approximately 92,000 acres).
       (5) Flat Tops (approximately 30,000 acres).
       (6) Little Rockies (approximately 64,000 acres).
       (7) The Needle (approximately 11,000 acres).
       (8) Red Rock Plateau (approximately 213,000 acres).
       (9) White Canyon (approximately 98,000 acres).

     SEC. 107. SAN JUAN-ANASAZI WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) more than 1,000 years ago, the Anasazi Indian culture 
     flourished in the slickrock canyons and on the pinon-covered 
     mesas of southeastern Utah;
       (2) evidence of the ancient presence of the Anasazi 
     pervades the Cedar Mesa area of the San Juan-Anasazi area 
     where cliff dwellings, rock art, and ceremonial kivas 
     embellish sandstone overhangs and isolated benchlands;
       (3) the Cedar Mesa area is in need of protection from the 
     vandalism and theft of its unique cultural resources;
       (4) the Cedar Mesa wilderness areas should be created to 
     protect both the archaeological heritage and the 
     extraordinary wilderness, scenic, and ecological values of 
     the United States; and
       (5) the San Juan-Anasazi area should be protected and 
     managed as a wilderness area to ensure the preservation of 
     the unique and valuable resources of that area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Allen Canyon (approximately 5,900 acres).
       (2) Arch Canyon (approximately 30,000 acres).
       (3) Comb Ridge (approximately 15,000 acres).
       (4) East Montezuma (approximately 45,000 acres).
       (5) Fish and Owl Creek Canyons (approximately 73,000 
     acres).
       (6) Grand Gulch (approximately 159,000 acres).
       (7) Hammond Canyon (approximately 4,400 acres).
       (8) Nokai Dome (approximately 93,000 acres).
       (9) Road Canyon (approximately 63,000 acres).
       (10) San Juan River (Sugarloaf) (approximately 15,000 
     acres).
       (11) The Tabernacle (approximately 7,000 acres).
       (12) Valley of the Gods (approximately 21,000 acres).

     SEC. 108. CANYONLANDS BASIN WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) Canyonlands National Park safeguards only a small 
     portion of the extraordinary red-hued, cliff-walled 
     canyonland region of the Colorado Plateau;
       (2) areas near Arches National Park and Canyonlands 
     National Park contain canyons with rushing perennial streams, 
     natural arches, bridges, and towers;
       (3) the gorges of the Green and Colorado Rivers lie on 
     adjacent land managed by the Secretary;
       (4) popular overlooks in Canyonlands Nations Park and Dead 
     Horse Point State Park have views directly into adjacent 
     areas, including Lockhart Basin and Indian Creek; and
       (5) designation of those areas as wilderness would ensure 
     the protection of this erosional masterpiece of nature and of 
     the rich pockets of wildlife found within its expanded 
     boundaries.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Bridger Jack Mesa (approximately 33,000 acres).
       (2) Butler Wash (approximately 27,000 acres).
       (3) Dead Horse Cliffs (approximately 5,300 acres).
       (4) Demon's Playground (approximately 3,700 acres).
       (5) Duma Point (approximately 14,000 acres).
       (6) Gooseneck (approximately 9,000 acres).
       (7) Hatch Point Canyons/Lockhart Basin (approximately 
     149,000 acres).
       (8) Horsethief Point (approximately 15,000 acres).
       (9) Indian Creek (approximately 28,000 acres).
       (10) Labyrinth Canyon (approximately 150,000 acres).
       (11) San Rafael River (approximately 101,000 acres).
       (12) Shay Mountain (approximately 14,000 acres).
       (13) Sweetwater Reef (approximately 69,000 acres).
       (14) Upper Horseshoe Canyon (approximately 60,000 acres).

     SEC. 109. SAN RAFAEL SWELL WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the San Rafael Swell towers above the desert like a 
     castle, ringed by 1,000-foot ramparts of Navajo Sandstone;
       (2) the highlands of the San Rafael Swell have been 
     fractured by uplift and rendered hollow by erosion over 
     countless millennia, leaving a tremendous basin punctuated by 
     mesas, buttes, and canyons and traversed by sediment-laden 
     desert streams;
       (3) among other places, the San Rafael wilderness offers 
     exceptional back country opportunities in the colorful Wild 
     Horse Badlands, the monoliths of North Caineville Mesa, the 
     rock towers of Cliff Wash, and colorful cliffs of Humbug 
     Canyon;
       (4) the mountains within these areas are among Utah's most 
     valuable habitat for desert bighorn sheep; and
       (5) the San Rafael Swell area should be protected and 
     managed to ensure its preservation as a wilderness area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Cedar Mountain (approximately 15,000 acres).
       (2) Devils Canyon (approximately 23,000 acres).
       (3) Eagle Canyon (approximately 38,000 acres).
       (4) Factory Butte (approximately 22,000 acres).
       (5) Hondu Country (approximately 20,000 acres).
       (6) Jones Bench (approximately 2,800 acres).
       (7) Limestone Cliffs (approximately 25,000 acres).
       (8) Lost Spring Wash (approximately 37,000 acres).
       (9) Mexican Mountain (approximately 100,000 acres).
       (10) Molen Reef (approximately 33,000 acres).
       (11) Muddy Creek (approximately 240,000 acres).
       (12) Mussentuchit Badlands (approximately 25,000 acres).
       (13) Pleasant Creek Bench (approximately 1,100 acres).
       (14) Price River-Humbug (approximately 120,000 acres).
       (15) Red Desert (approximately 40,000 acres).
       (16) Rock Canyon (approximately 18,000 acres).
       (17) San Rafael Knob (approximately 15,000 acres).
       (18) San Rafael Reef (approximately 114,000 acres).

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       (19) Sids Mountain (approximately 107,000 acres).
       (20) Upper Muddy Creek (approximately 19,000 acres).
       (21) Wild Horse Mesa (approximately 92,000 acres).

     SEC. 110. BOOK CLIFFS AND UINTA BASIN WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the Book Cliffs and Uinta Basin wilderness areas 
     offer--
       (A) unique big game hunting opportunities in verdant high-
     plateau forests;
       (B) the opportunity for float trips of several days 
     duration down the Green River in Desolation Canyon; and
       (C) the opportunity for calm water canoe weekends on the 
     White River;
       (2) the long rampart of the Book Cliffs bounds the area on 
     the south, while seldom-visited uplands, dissected by the 
     rivers and streams, slope away to the north into the Uinta 
     Basin;
       (3) bears, Bighorn sheep, cougars, elk, and mule deer 
     flourish in the back country of the Book Cliffs; and
       (4) the Book Cliffs and Uinta Basin areas should be 
     protected and managed to ensure the protection of the areas 
     as wilderness.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System.
       (1) Bourdette Draw (approximately 15,000 acres).
       (2) Bull Canyon (approximately 2,800 acres).
       (3) Chipeta (approximately 95,000 acres).
       (4) Dead Horse Pass (approximately 8,000 acres).
       (5) Desbrough Canyon (approximately 13,000 acres).
       (6) Desolation Canyon (approximately 557,000 acres).
       (7) Diamond Breaks (approximately 9,000 acres).
       (8) Diamond Canyon (approximately 166,000 acres).
       (9) Diamond Mountain (also known as ``Wild Mountain'') 
     (approximately 27,000 acres).
       (10) Dinosaur Adjacent (approximately 10,000 acres).
       (11) Goslin Mountain (approximately 4,900 acres).
       (12) Hideout Canyon (approximately 12,000 acres).
       (13) Lower Bitter Creek (approximately 14,000 acres).
       (14) Lower Flaming Gorge (approximately 21,000 acres).
       (15) Mexico Point (approximately 15,000 acres).
       (16) Moonshine Draw (also known as ``Daniels Canyon'') 
     (approximately 10,000 acres).
       (17) Mountain Home (approximately 9,000 acres).
       (18) O-Wi-Yu-Kuts (approximately 13,000 acres).
       (19) Red Creek Badlands (approximately 3,600 acres).
       (20) Seep Canyon (approximately 21,000 acres).
       (21) Sunday School Canyon (approximately 18,000 acres).
       (22) Survey Point (approximately 8,000 acres).
       (23) Turtle Canyon (approximately 39,000 acres).
       (24) White River (approximately 24,500 acres).
       (25) Winter Ridge (approximately 38,000 acres).
       (26) Wolf Point (approximately 15,000 acres).

                  TITLE II--ADMINISTRATIVE PROVISIONS

     SEC. 201. GENERAL PROVISIONS.

       (a) Names of Wilderness Areas.--Each wilderness area named 
     in title I shall--
       (1) consist of the quantity of land referenced with respect 
     to that named area, as generally depicted on the map entitled 
     ``Utah BLM Wilderness Proposed by H.R. [___], 111th 
     Congress''; and
       (2) be known by the name given to it in title I.
       (b) Map and Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of each wilderness area designated by this 
     Act with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--A map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in the map and legal 
     description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the Office of the Director of the 
     Bureau of Land Management.

     SEC. 202. ADMINISTRATION.

       Subject to valid rights in existence on the date of 
     enactment of this Act, each wilderness area designated under 
     this Act shall be administered by the Secretary in accordance 
     with--
       (1) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (2) the Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 203. STATE SCHOOL TRUST LAND WITHIN WILDERNESS AREAS.

       (a) In General.--Subject to subsection (b), if State-owned 
     land is included in an area designated by this Act as a 
     wilderness area, the Secretary shall offer to exchange land 
     owned by the United States in the State of approximately 
     equal value in accordance with section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) 
     and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
       (b) Mineral Interests.--The Secretary shall not transfer 
     any mineral interests under subsection (a) unless the State 
     transfers to the Secretary any mineral interests in land 
     designated by this Act as a wilderness area.

     SEC. 204. WATER.

       (a) Reservation.--
       (1) Water for wilderness areas.--
       (A) In general.--With respect to each wilderness area 
     designated by this Act, Congress reserves a quantity of water 
     determined by the Secretary to be sufficient for the 
     wilderness area.
       (B) Priority date.--The priority date of a right reserved 
     under subparagraph (A) shall be the date of enactment of this 
     Act.
       (2) Protection of rights.--The Secretary and other officers 
     and employees of the United States shall take any steps 
     necessary to protect the rights reserved by paragraph (1)(A), 
     including the filing of a claim for the quantification of the 
     rights in any present or future appropriate stream 
     adjudication in the courts of the State--
       (A) in which the United States is or may be joined; and
       (B) that is conducted in accordance with section 208 of the 
     Department of Justice Appropriation Act, 1953 (66 Stat. 560, 
     chapter 651).
       (b) Prior Rights Not Affected.--Nothing in this Act 
     relinquishes or reduces any water rights reserved or 
     appropriated by the United States in the State on or before 
     the date of enactment of this Act.
       (c) Administration.--
       (1) Specification of rights.--The Federal water rights 
     reserved by this Act are specific to the wilderness areas 
     designated by this Act.
       (2) No precedent established.--Nothing in this Act related 
     to reserved Federal water rights--
       (A) shall establish a precedent with regard to any future 
     designation of water rights; or
       (B) shall affect the interpretation of any other Act or any 
     designation made under any other Act.

     SEC. 205. ROADS.

       (a) Setbacks.--
       (1) Measurement in general.--A setback under this section 
     shall be measured from the center line of the road.
       (2) Wilderness on 1 side of roads.--Except as provided in 
     subsection (b), a setback for a road with wilderness on only 
     1 side shall be set at--
       (A) 300 feet from a paved Federal or State highway;
       (B) 100 feet from any other paved road or high standard 
     dirt or gravel road; and
       (C) 30 feet from any other road.
       (3) Wilderness on both sides of roads.--Except as provided 
     in subsection (b), a setback for a road with wilderness on 
     both sides (including cherry-stems or roads separating 2 
     wilderness units) shall be set at--
       (A) 200 feet from a paved Federal or State highway;
       (B) 40 feet from any other paved road or high standard dirt 
     or gravel road; and
       (C) 10 feet from any other roads.
       (b) Setback Exceptions.--
       (1) Well-defined topographical barriers.--If, between the 
     road and the boundary of a setback area described in 
     paragraph (2) or (3) of subsection (a), there is a well-
     defined cliff edge, streambank, or other topographical 
     barrier, the Secretary shall use the barrier as the 
     wilderness boundary.
       (2) Fences.--If, between the road and the boundary of a 
     setback area specified in paragraph (2) or (3) of subsection 
     (a), there is a fence running parallel to a road, the 
     Secretary shall use the fence as the wilderness boundary if, 
     in the opinion of the Secretary, doing so would result in a 
     more manageable boundary.
       (3) Deviations from setback areas.--
       (A) Exclusion of disturbances from wilderness boundaries.--
     In cases where there is an existing livestock development, 
     dispersed camping area, borrow pit, or similar disturbance 
     within 100 feet of a road that forms part of a wilderness 
     boundary, the Secretary may delineate the boundary so as to 
     exclude the disturbance from the wilderness area.
       (B) Limitation on exclusion of disturbances.--The Secretary 
     shall make a boundary adjustment under subparagraph (A) only 
     if the Secretary determines that doing so is consistent with 
     wilderness management goals.
       (C) Deviations restricted to minimum necessary.--Any 
     deviation under this paragraph from the setbacks required 
     under in paragraph (2) or (3) of subsection (a) shall be the 
     minimum necessary to exclude the disturbance.
       (c) Delineation Within Setback Area.--The Secretary may 
     delineate a wilderness boundary at a location within a 
     setback under paragraph (2) or (3) of subsection (a) if, as 
     determined by the Secretary, the delineation would enhance 
     wilderness management goals.

[[Page S4349]]

     SEC. 206. LIVESTOCK.

       Within the wilderness areas designated under title I, the 
     grazing of livestock authorized on the date of enactment of 
     this Act shall be permitted to continue subject to such 
     reasonable regulations and procedures as the Secretary 
     considers necessary, as long as the regulations and 
     procedures are consistent with--
       (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (2) section 101(f) of the Arizona Desert Wilderness Act of 
     1990 (Public Law 101-628; 104 Stat. 4469).

     SEC. 207. FISH AND WILDLIFE.

       Nothing in this Act affects the jurisdiction of the State 
     with respect to wildlife and fish on the public land located 
     in the State.

     SEC. 208. MANAGEMENT OF NEWLY ACQUIRED LAND.

       Any land within the boundaries of a wilderness area 
     designated under this Act that is acquired by the Federal 
     Government shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with this Act and other laws 
     applicable to wilderness areas.

     SEC. 209. WITHDRAWAL.

       Subject to valid rights existing on the date of enactment 
     of this Act, the Federal land referred to in title I is 
     withdrawn from all forms of--
       (1) entry, appropriation, or disposal under public law;
       (2) location, entry, and patent under mining law; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

  Mr. FEINGOLD. Mr. President, I am very pleased to again join with the 
Senior Senator from Illinois, Mr. Durbin, as an original cosponsor of 
legislation to designate areas of pristine Federal lands in Utah as 
wilderness.
  I support this legislation, for a few reasons, but most of all 
because I have personally seen what is at stake, and I know the 
marvelous resources that Wisconsinites and all Americans own in the 
Bureau of Land Management, BLM, lands of Southern Utah.
  I had an opportunity to travel twice to Utah and view firsthand some 
of the lands that would be designated for wilderness under Senator 
Durbin's bill. I was able to view most of the proposed wilderness areas 
from the air, and was able to enhance my understanding through hikes 
outside of the Zion National Park on the Dry Creek Bench wilderness 
unit contained in this proposal and inside the Grand Staircase-
Escalante National Monument to Upper Calf Creek Falls. I also viewed 
the lands proposed for designation in this bill from a river trip down 
the Colorado River, and in the San Rafael Swell with members of the 
Emery County government.
  Second, I support this legislation because I believe it sets the 
appropriate benchmark for the lands that should be protected in 
Southern Utah. I believe that when the Senate considers wilderness 
legislation it ought to know, as a benchmark, the full measure of those 
lands which are deserving of wilderness protection. This bill 
encompasses all the BLM lands of wilderness quality in Utah.
  Unfortunately, the Senate has not always had the benefit of 
considering wilderness designations for all of the deserving lands in 
Southern Utah. Last Congress, a provision was air-dropped into a bill 
considered by the Senate--without having been considered by the House 
or the Senate Energy and Natural Resources Committee--that designated 
less than 45 percent of the wilderness quality lands included in the 
America's Red Rock Wilderness Act for Washington County, Utah. 
Furthermore, the public lands package omitted a wilderness unit, Dry 
Creek, that Senator Bennett has previously agreed to protect in his 
Washington County Growth and Conservation Act of 2008, S. 2834. During 
the 104th Congress, I joined with the former Senator from New Jersey, 
Mr. Bradley, in opposing omnibus parks legislation that contained 
provisions, which were eventually removed, that many in my home State 
of Wisconsin believed not only designated as wilderness too little of 
the Bureau of Land Management's holding in Utah deserving of such 
protection, but also substantively changed the protections afforded 
designated lands under the Wilderness Act of 1964.
  The lands of Southern Utah are very special to the people of 
Wisconsin. In writing to me over the last few years, my constituents 
have described these lands as places of solitude, special family 
moments, and incredible beauty. In December 1997, Ron Raunikar of the 
Capital Times, a paper in Madison, WI, wrote: ``Other remaining 
wilderness in the U.S. is at first daunting, but then endearing and 
always a treasure for all Americans. The sensually sculpted slickrock 
of the Colorado Plateau and windswept crag lines of the Great Basin 
include some of the last of our country's wilderness, which is not 
fully protected. We must ask our elected officials to redress this 
circumstance, by enacting legislation which would protect those 
national lands within the boundaries of Utah. This wilderness is a 
treasure we can lose only once or a legacy we can be forever proud to 
bestow to our children.''
  I believe that the measure being introduced today will accomplish 
that goal. The measure protects wild lands that really are not done 
justice by any description. In my trip I found widely varied and 
distinct terrain, remarkable American resources of red rock cliff 
walls, desert, canyons and gorges which encompass the canyon country of 
the Colorado Plateau, the Mojave Desert and portions of the Great 
Basin. The lands also include mountain ranges in western Utah, and 
stark areas like the Grand Staircase-Escalante National Monument. These 
regions appeal to all types of American outdoor interests from hiking 
and sightseeing to hunting.
  Wisconsinites are watching this test case closely. I believe that 
Wisconsinites view the outcome of this fight to save Utah's lands as a 
sign of where the nation is headed with respect to its stewardship of 
natural resources. Legislation to protect existing wilderness ensures 
that future generations may have an experience on public lands equal to 
that which is available today. The action of Congress to preserve wild 
lands by extending the protections of the Wilderness Act of 1964 will 
publicly codify that expectation and promise.
  Finally, this legislation has earned my support, and deserves the 
support of others in this body, because all of the acres that will be 
protected under this bill are already public lands held in trust by the 
Federal Government for the people of the U.S. Thus, while they are 
physically located in Utah, their preservation is important to the 
citizens of Wisconsin as it is for other Americans. I am eager to work 
with my colleague from Illinois, Mr. Durbin, to protect these lands. I 
commend him for introducing this measure.
                                 ______