[House Report 104-404]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-404
_______________________________________________________________________


                  PROVIDING FOR THE CONSIDERATION OF
 
       H.R. 1745, THE UTAH PUBLIC LANDS MANAGEMENT ACT OF 1995

                                _______


 December 13, 1995.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    Mr. Linder, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 303]

    The Committee on Rules, having had under consideration 
House Resolution 303, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 1745, 
the Utah Public Lands Management Act of 1995 under an open 
rule. The rule provides one hour of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on Resources.
    The resolution waives clause 2(l)(6) of rule XI (three-day 
layover) or section 302(f) (prohibiting consideration of 
legislation providing new budget authority in excess of a 
committee's allocation) or section 311(a) (prohibiting 
consideration of legislation exceeding total federal spending 
limits) of the Congressional Budget Act against consideration 
of the bill. It also provides for one hour of general debate to 
be divided equally between the chairman and ranking minority 
member of the Committee on Resources. It also makes in order 
the Committee on Resources amendment in the nature of a 
substitute now printed in the bill as an original bill for 
purpose of amendment. The amendment in the nature of a 
substitute shall be considered as read. It waives clause 7 of 
rule XVI (germaneness) or section 302(f) or section 311(a) of 
the Congressional Budget Act against the committee amendment in 
the nature of a substitute.
    The resolution provides for the consideration of a 
manager's amendment printed in the report of the Committee on 
Rules, to be offered by the chairman of the Committee on 
Resources or his designee, which is considered as read, not 
subject to amendment or to a division of the question, and is 
debatable for 10 minutes equally divided between the proponent 
and an opponent. If adopted, the amendment is considered as 
part of the base text for further amendment purposes.
    Members who have preprinted their amendments in the Record 
prior to their consideration will be given priority in 
recognition to offer their amendments if otherwise consistent 
with House rules. Finally, the rule provides for one motion to 
recommit, with or without instructions.

    The Text of the Amendment To Be Offered by the Chairman of the 
   Committee on Resources, or His Designee, Debatable for 10 Minutes

    Page 2, beginning on line 15, strike ``Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated OCT 3 1995,''.
    Page 2, beginning on line 21, strike ``Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated SEP 18 1995,''.
    Page 3, beginning on line 6, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated OCT 3 1995,''.
    Page 3, line 13, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
    Page 3, line 19, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
    Page 3, beginning on line 25, strike ``Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated SEP 18 1995,''.
    Page 4, beginning on line 6, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
    Page 4, beginning on line 12, strike ``Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated OCT 3 1995,''.
    Page 4, line 18, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
    Page 4, line 24, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated OCT 3 
1995,''.
    Page 5, line 6, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
    Page 5, beginning on line 11, strike ``Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated SEP 18 1995,''.
    Page 5, beginning on line 17, strike ``Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated SEP 18 1995,''.
    Page 5, beginning on line 23, strike ``Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated SEP 18 1995,''.
    Page 6, line 4, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
    Page 6, line 9, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
    Page 6, line 14, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
    Page 6, beginning on line 20, strike ``Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated SEP 18 1995,''.
    Page 7, beginning on line 1, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
    Page 7, line 7, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated October 
3 1995,''.
    Page 7, beginning on line 13, strike ``Coal/Spruce 
Wilderness--Proposed' and dated ________, and which shall be 
known as the Coal/Spruce Canyon Wilderness'' and insert ``Coal 
Canyon-Spruce Canyon Proposed Wilderness' and dated SEP 18 
1995, and which shall be known as the Coal Canyon-Spruce Canyon 
Wilderness''.
    Page 7, line 20, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
    Page 8, beginning on line 1, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
    Page 8, beginning on line 7, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated OCT 3 1995,''.
    Page 8, line 13, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
    Page 8, beginning on line 19, strike ``Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated SEP 18 1995,''.
    Page 8, beginning on line 25, strike ``Canyon Wilderness--
Proposed' and dated ________'' and insert ``Proposed 
Wilderness' and dated OCT 3 1995,''.
  Page 9, beginning on line 6, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 9, beginning on line 12, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 9, beginning on line 18, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 9, beginning on line 24, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 10, beginning on line 5, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 10, line 9, strike ``28,778 acres'' and insert ``17,678 
acres''.
  Page 10, line 11, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
  Page 10, beginning on line 16, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 10, beginning on line 22, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 11, line 4, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated OCT 3 
1995,''.
  Page 11, line 10, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
  Page 11, line 16, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
  Page 11, beginning on line 22, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 12, beginning on line 4, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 12, beginning on line 10, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated OCT 3 1995,''.
  Page 12, beginning on line 16, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated OCT 3 1995,''.
  Page 12, beginning on line 22, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 13, beginning on line 5, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 13, beginning on line 11, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 13, line 17, strike ``Wilderness--Proposed' and dated 
________'' and insert ``Proposed Wilderness' and dated SEP 18 
1995,''.
  Page 13, beginning on line 22, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 14, beginning on line 4, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 14, beginning on line 10, strike ``Wilderness--Proposed' 
and dated ________'' and insert ``Proposed Wilderness' and 
dated SEP 18 1995,''.
  Page 16, beginning on line 4, strike ``curtailed, phased out 
or rendered economically infeasible'' and insert ``curtailed or 
phased out''.
  Page 16, line 18, insert ``for fish and wildlife purposes'' 
after ``development''.
  Page 18, strike line 6 and all that follows through line 8 on 
page 19 and insert the following:
  (i) Access.--Reasonable access, including the use of 
motorized equipment where necessary or customarily or 
historically employed, shall be allowed on routes within the 
areas designated as wilderness by this Act which are in 
existence as of the date of enactment of this Act for the 
exercise of valid existing rights, including (but not limited 
to) access to existing water diversion, carriage, storage and 
ancillary facilities and livestock grazing improvements and 
structures. Existing routes as of such date may be maintained 
and repaired as necessary to maintain their own customary or 
historic uses.
  Page 19, after line 14, insert the following:
    (k) Precedents.--Nothing in this Act shall be construed as 
establishing a precedent with regard to any future wilderness 
designation, nor shall it constitute an interpretation of any 
other Act or any wilderness designation made pursuant thereto.
    (l) Water Craft.--Nothing in this Act shall be construed to 
prevent the use of any mechanically propelled water craft on 
waters that lie within or adjacent to an area designated as 
wilderness by this Act where such use was established before 
the date of the enactment of this Act.
    Page 20, strike line 12 and all that follows through line 
19 and insert the following:
    (d) Certain Facilities Not Affected.--Nothing in this Act 
shall affect the capacity, operation, maintenance, repair, 
modification, or replacement of municipal, agricultural, 
livestock, or wildlife water facilities in existence as of the 
date of enactment of this Act within the boundaries of areas 
designated as wilderness by this Act.
    Page 20, line 21, insert ``or the Wilderness Act'' after 
``Act''.
    Page 20, line 23, insert ``outside areas designated as 
wilderness by this Act'' after ``lands''.
    Page 20, beginning on line 24, strike ``projects,'' and all 
that follows through line 2 on page 21 and insert the 
following: ``projects. Nothing in this subsection shall be 
construed to create a right of access through a wilderness area 
designated pursuant to this Act for the purposes of such 
projects.''.
    Page 22, strike line 1 and all that follows through line 18 
and insert the following:

SEC. 7. MILITARY OVERFLIGHTS.

    (a) Overflights not Precluded.--Nothing in this Act, the 
Wilderness Act, or other land management laws generally 
applicable to the new areas of the Wilderness Preservation 
System (or any additions to existing areas) designated by this 
Act shall restrict or preclude military overflights over such 
areas, including military overflights that can be seen or heard 
within such units.
    (b) Special Use Airspace.--Nothing in this Act, the 
Wilderness Act, or other land management laws generally 
applicable to the new areas of the Wilderness Preservation 
System (or any additions to existing areas) designated by this 
Act shall restrict or preclude the designation of new units of 
special use airspace or the use or establishment of military 
flight training routes over such routes.
    (c) Communications or Tracking Systems.--Nothing in this 
Act the Wilderness Act, or other land management laws generally 
applicable to new areas of the Wilderness Preservation System 
(or any additions to existing areas) designated by this Act 
shall be construed to require the removal of existing 
communication or electronic tracking systems from areas 
designated as wilderness by this Act, to prohibit the 
maintenance of existing communication or electronic tracking 
systems within such new wilderness areas, or to prevent the 
installation of portable electronic communication or tracking 
systems in support of military operations so long as 
installation, maintenance, and removal of such systems does not 
require construction of temporary or permanent roads.
    Page 23, strike line 13 and all that follows through line 
15 and insert the following: ``Brush Wellman Facilities. The 
permitting and operation of such projects and facilities shall 
be allowed subject to applicable laws and regulations.''.
    Page 23, strike line 16 and all that follows through line 6 
on page 25.
    Page 25, line 7, strike ``10.'' and insert ``9.''.
    Page 25, line 22, insert before the period the following: 
``, including (but not limited to) areas of critical 
environmental concern, outstanding natural areas, national 
natural landmarks, research natural areas, primitive areas, 
visual resource management class I areas, and the full range of 
administrative management designations provided under such 
Act''.
    Page 26, line 15, strike ``11.'' and insert ``10.''.
    Page 26, line 18, strike ``142,041'' and insert 
``209,000''.
    Page 26, line 20, insert before the semicolon the 
following: ``, including 15,000 acres of mineral estate''.
    Page 27, line 1, insert ``and the United States'' after 
``Utah''.
    Page 27, strike line 5 and all that follows through line 7 
and insert the following:
          (4) the value of the Federal lands described in 
        subsection (c)(2), adjusted to reflect the share of the 
        State of Utah in revenue from such lands, are of 
        approximate equivalent value to such school and 
        institutional trust lands.
    Page 27, beginning on line 13, strike ``and transfer'' and 
all that follows through ``lands'' on line 15 and insert ``and, 
within 180 days after the date of such acceptance, in exchange 
for such lands initiate transfers to the State of Utah of''.
    Page 27, line 19, insert before the period the following: 
``, including (but not limited to) the right of the State of 
Utah to receive, and distribute pursuant to State law, 50 
percent of the revenue, less a reasonable administrative fee, 
from the production of minerals (that are leased or would have 
been subject to leasing pursuant to the Mineral Leasing Act (30 
U.S.C. 191 et seq.). All transfers of lands under this section 
shall be completed within two years after the date of such 
acceptance, but within such two-year period, transfers of 
portions of such lands may be made''.
    Page 27, line 25, strike ``Utah School Lands'' and insert 
``Surface and Mineral Offering''.
    Page 28, strike lines 1 and 2 and insert `` `Proposed Land 
Exchange Utah (H.R. 1745)' and dated November 9, 1995, which--
''.
    Page 28, line 13, insert ``Recommended'' before ``Fed-''.
    Page 30, strike line 1 and all that follows through line 8 
and insert the following:
          (2) Hazardous materials.--The Secretary and the State 
        of Utah shall inspect all pertinent records and shall 
        conduct a physical inspection of the lands to be 
        exchanged pursuant to this Act for the presence of any 
        hazardous materials as presently defined by applicable 
        law. The results of those inspections shall be made 
        available to the parties. The responsibility for costs 
        of remedial action related to such materials shall be 
        borne by those entities responsible under existing law.
    Page 30, line 10, strike ``Act''.
    Page 30, strike lines 21 and 22 and insert the following: 
``right of the State of Utah under Federal law to share the 
revenues from such Federal lands, and the conveyances under 
this section to the State of Utah shall be subject to such 
revenue sharing obligations as a valid existing right.''.
    Page 31, after line 7, insert the following:
          (4) Collection of proceeds.--(A) The State of Utah, 
        in connection with the management of the school and 
        institutional trust lands, shall, upon transfer of 
        lands described in subsections (c)(2) and (d), collect 
        all proceeds from the--
                  (i) lease and production of minerals that are 
                leasable under Federal law as of the date of 
                enactment of this Act; and
                  (ii) sale and harvest of timber from the land 
                described in subsections (c)(2) and (d), and 
                distribute the revenue as required by law until 
                the State, as trustee, no longer owns the 
                estate from which the revenue is produced.
          (B) Disputes concerning the collection and 
        distribution of the revenue shall be resolved pursuant 
        to State law.
    Page 31, line 14, strike ``12.'' and insert ``11.''.

                                
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