[Senate Report 104-192]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 291
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-192
_______________________________________________________________________


 
                UTAH PUBLIC LANDS MANAGEMENT ACT OF 1995

                                _______


               December 19, 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 884]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 884) to designate certain public lands in 
the State of Utah as wilderness, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Utah Public Lands Management Act of 
1995''.

SEC. 2. DESIGNATION OF WILDERNESS.

  (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), the following lands in the State of Utah 
are hereby designated as wilderness and therefore as components of the 
National Wilderness Preservation System:
          (1) Certain lands in the Desolation Canyon Wilderness Study 
        Area comprised of approximately 254,478 acres, as generally 
        depicted on a map entitled ``Desolation Canyon Proposed 
        Wilderness'' and dated October 3, 1995, and which shall be 
        known as the Desolation Canyon Wilderness.
          (2) Certain lands in the San Rafael Reef Wilderness Study 
        Area comprised of approximately 47,786 acres, as generally 
        depicted on a map entitled ``San Rafael Reef Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the San Rafael Reef Wilderness.
          (3) Certain lands in the Horseshoe Canyon Wilderness Study 
        Area (North) comprised of approximately 24,966 acres, as 
        generally depicted on a map entitled ``Horseshoe/Labyrinth 
        Canyon Proposed Wilderness'' and dated October 3, 1995, and 
        which shall be known as the Horseshoe/Labyrinth Canyon 
        Wilderness.
          (4) Certain lands in the Crack Canyon Wilderness Study Area 
        comprised of approximately 20,322 acres, as generally depicted 
        on a map entitled ``Crack Canyon Proposed Wilderness'' and 
        dated September 18, 1995, and which shall be known as the Crack 
        Canyon Wilderness.
          (5) Certain lands in the Muddy Creek Wilderness Study Area 
        comprised of approximately 37,244 acres, as generally depicted 
        on a map entitled ``Muddy Creek Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Muddy Creek 
        Wilderness.
          (6) Certain lands in the Sids Mountain Wilderness Study Area 
        comprised of approximately 41,154 acres, as generally depicted 
        on a map entitled ``Sids Mountain Proposed Wilderness'' and 
        dated September 18, 1995, and which shall be known as the Sids 
        Mountain Wilderness.
          (7) Certain lands in the Mexican Mountain Wilderness Study 
        Area comprised of approximately 34,107 acres, as generally 
        depicted on a map entitled ``Mexican Mountain Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Mexican Mountain Wilderness.
          (8) Certain lands in the Phipps-Death Hollow Wilderness Study 
        Area comprised of approximately 42,437 acres, as generally 
        depicted on a map entitled ``Phipps-Death Hollow Proposed 
        Wilderness'' and dated October 3, 1995, and which shall be 
        known as the Phipps-Death Hollow Wilderness.
          (9) Certain lands in the Steep Creek Wilderness Study Area 
        comprised of approximately 21,277 acres, as generally depicted 
        on a map entitled ``Steep Creek Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Steep Creek 
        Wilderness.
          (10) Certain lands in the North Escalante Canyons/The Gulch 
        Wilderness Study Area comprised of approximately 103,324 acres, 
        as generally depicted on a map entitled ``North Escalante 
        Canyons/The Gulch Proposed Wilderness'' and dated October 3, 
        1995, and which shall be known as the North Escalante Canyons/
        The Gulch Creek Wilderness.
          (11) Certain lands in the Scorpion Wilderness Study Area 
        comprised of approximately 16,692 acres, as generally depicted 
        on a map entitled ``Scorpion Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Scorpion 
        Wilderness.
          (12) Certain lands in the Mt. Ellen-Blue Hills Wilderness 
        Study Area comprised of approximately 62,663 acres, as 
        generally depicted on a map entitled ``Mt. Ellen-Blue Hills 
        Proposed Wilderness'' and dated September 18, 1995, and which 
        shall be known as the Mt. Ellen-Blue Hills Wilderness.
          (13) Certain lands in the Bull Mountain Wilderness Study Area 
        comprised of approximately 11,424 acres, as generally depicted 
        on a map entitled ``Bull Mountain Proposed Wilderness'' and 
        dated September 18, 1995, and which shall be known as the Bull 
        Mountain Wilderness.
          (14) Certain lands in the Fiddler Butte Wilderness Study Area 
        comprised of approximately 22,180 acres, as generally depicted 
        on a map entitled ``Fiddler Butte Proposed Wilderness'' and 
        dated September 18, 1995, and which shall be known as the 
        Fiddler Butte Mountain Wilderness.
          (15) Certain lands in the Mt. Pennell Wilderness Study Area 
        comprised of approximately 18,620 acres, as generally depicted 
        on a map entitled ``Mt. Pennell Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Mt. Pennell 
        Wilderness.
          (16) Certain lands in the Mt. Hillers Wilderness Study Area 
        comprised of approximately 14,746 acres, as generally depicted 
        on a map entitled ``Mt. Hillers Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Mt. Hillers 
        Wilderness.
          (17) Certain lands in the Little Rockies Wilderness Study 
        Area comprised of approximately 48,928 acres, as generally 
        depicted on a map entitled ``Little Rockies Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Little Rockies Wilderness.
          (18) Certain lands in the Mill Creek Canyon Wilderness Study 
        Area comprised of approximately 7,838 acres, as generally 
        depicted on a map entitled ``Mill Creek Canyon Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Mill Creek Canyon Wilderness.
          (19) Certain lands in the Negro Bill Canyon Wilderness Study 
        Area comprised of approximately 7,432 acres, as generally 
        depicted on a map entitled ``Negro Bill Canyon Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Negro Bill Canyon Wilderness.
          (20) Certain lands in the Floy Canyon Wilderness Study Area 
        comprised of approximately 28,290 acres, as generally depicted 
        on a map entitled ``Floy Canyon Proposed Wilderness'' and dated 
        October 3, 1995, and which shall be known as the Floy Canyon 
        Wilderness.
          (21) Certain lands in the Coal Canyon Wilderness Study Area 
        and the Spruce Canyon Wilderness Study Area comprised of 
        approximately 56,760 acres, as generally depicted on a map 
        entitled ``Coal/Spruce Canyon Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Coal/Spruce 
        Canyon Wilderness.
          (22) Certain lands in the Flume Canyon Wilderness Study Area 
        comprised of approximately 37,506 acres, as generally depicted 
        on a map entitled ``Flume Canyon Proposed Wilderness'' and 
        dated September 18, 1995, and which shall be known as the Flume 
        Canyon Wilderness.
          (23) Certain lands in the Westwater Canyon Wilderness Study 
        Area comprised of approximately 25,383 acres, as generally 
        depicted on a map entitled ``Westwater Canyon Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Westwater Canyon Wilderness.
          (24) Certain lands in the Beaver Creek Wilderness Study Area 
        comprised of approximately 24,531 acres, as generally depicted 
        on a map entitled ``Beaver Creek Proposed Wilderness'' and 
        dated October 3, 1995, and which shall be known as the Beaver 
        Creek Wilderness.
          (25) Certain lands in the Fish Springs Wilderness Study Area 
        comprised of approximately 36,142 acres, as generally depicted 
        on a map entitled ``Fish Springs Proposed Wilderness'' and 
        dated September 18, 1995, and which shall be known as the Fish 
        Springs Wilderness.
          (26) Certain lands in the Swasey Mountain Wilderness Study 
        Area comprised of approximately 34,803 acres, as generally 
        depicted on a map entitled ``Swasey Mountain Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Swasey Mountain Wilderness.
          (27) Certain lands in the Parunuweap Canyon Wilderness Study 
        Area comprised of approximately 19,122 acres, as generally 
        depicted on a map entitled ``Parunuweap Canyon Proposed 
        Wilderness'' and dated October 3, 1995, and which shall be 
        known as the Parunuweap Wilderness.
          (28) Certain lands in the Canaan Mountain Wilderness Study 
        Area comprised of approximately 32,297 acres, as generally 
        depicted on a map entitled ``Canaan Mountain Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Canaan Mountain Wilderness.
          (29) Certain lands in the Paria-Hackberry Wilderness Study 
        Area comprised of approximately 57,641 acres, as generally 
        depicted on a map entitled ``Paria-Hackberry Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Paria-Hackberry Wilderness.
          (30) Certain lands in the Escalante Canyon Tract 5 Wilderness 
        Study Area comprised of approximately 756 acres, as generally 
        depicted on a map entitled ``Escalante Canyon Tract 5 Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Escalante Canyon Tract 5 Wilderness.
          (31) Certain lands in the Fifty Mile Mountain Wilderness 
        Study Area comprised of approximately 121,434 acres, as 
        generally depicted on a map entitled ``Fifty Mile Mountain 
        Proposed Wilderness'' and dated September 18, 1995, and which 
        shall be known as the Fifty Mile Mountain Wilderness.
          (32) Certain lands in the Howell Peak Wilderness comprised of 
        approximately 14,518 acres, as generally depicted on a map 
        entitled ``Howell Peak Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Howell Peak 
        Wilderness.
          (33) Certain lands in the Notch Peak Wilderness Study Area 
        comprised of approximately 17,678 acres, as generally depicted 
        on a map entitled ``Notch Peak Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Notch Peak 
        Wilderness.
          (34) Certain lands in the Wah Wah Mountains Wilderness Study 
        Area comprised of approximately 41,311 acres, as generally 
        depicted on a map entitled ``Wah Wah Mountains Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Wah Wah Wilderness.
          (35) Certain lands in the Mancos Mesa Wilderness Study Area 
        comprised of approximately 48,269 acres, as generally depicted 
        on a map entitled ``Mancos Mesa Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Mancos Mesa 
        Wilderness.
          (36) Certain lands in the Grand Gulch Wilderness Study Area 
        comprised of approximately 51,110 acres, as generally depicted 
        on a map entitled ``Grand Gulch Proposed Wilderness'' and dated 
        October 3, 1995, and which shall be known as the Grand Gulch 
        Wilderness.
          (37) Certain lands in the Dark Canyon Wilderness Study Area 
        comprised of approximately 67,099 acres, as generally depicted 
        on a map entitled ``Dark Canyon Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Dark Canyon 
        Wilderness.
          (38) Certain lands in the Butler Wash Wilderness Study Area 
        comprised of approximately 24,888 acres, as generally depicted 
        on a map entitled ``Butler Wash Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Butler Wash 
        Wilderness.
          (39) Certain lands in the Indian Creek Wilderness Study Area 
        comprised of approximately 6,769 acres, as generally depicted 
        on a map entitled ``Indian Creek Proposed Wilderness'' and 
        dated September 18, 1995, and which shall be known as the 
        Indian Creek Wilderness.
          (40) Certain lands in the Behind the Rocks Wilderness Study 
        Area comprised of approximately 13,728 acres, as generally 
        depicted on a map entitled ``Behind the Rocks Proposed 
        Wilderness'' and dated September 18, 1995, and which shall be 
        known as the Behind the Rocks Wilderness.
          (41) Certain lands in the Cedar Mountains Wilderness Study 
        Area comprised of approximately 25,645 acres, as generally 
        depicted on a map entitled ``Cedar Mountains Proposed 
        Wilderness'' and dated October 3, 1995, and which shall be 
        known as the Cedar Mountains Wilderness.
          (42) Certain lands in the Deep Creek Mountains Wilderness 
        Study Area comprised of approximately 71,024 acres, as 
        generally depicted on a map entitled ``Deep Creek Mountains 
        Proposed Wilderness'' and dated October 3, 1995, and which 
        shall be known as the Deep Creek Mountains Wilderness.
          (43) Certain lands in the Nutters Hole Wilderness Study Area 
        comprised of approximately 3,647 acres, as generally depicted 
        on a map entitled ``Nutters Hole Proposed Wilderness'' and 
        dated September 18, 1995, and which shall be known as the 
        Nutters Hole Wilderness.
          (44) Certain lands in the Cougar Canyon Wilderness Study Area 
        comprised of approximately 4,370 acres, including those lands 
        located in the State of Nevada, as generally depicted on a map 
        entitled ``Cougar Canyon Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Cougar 
        Canyon Wilderness.
          (45) Certain lands in the Red Mountain Wilderness Study Area 
        comprised of approximately 9,216 acres, as generally depicted 
        on a map entitled ``Red Mountain Proposed Wilderness'' and 
        dated September 18, 1995, and which shall be known as the Red 
        Mountains Wilderness.
          (46) Certain lands in the Deep Creek Wilderness Study Area 
        comprised of approximately 3,063 acres, as generally depicted 
        on a map entitled ``Deep Creek Proposed Wilderness'' and dated 
        September 18, 1995, and which shall be known as the Deep Creek 
        Wilderness.
          (47) Certain lands within the Dirty Devil Wilderness Study 
        Area comprised of approximately 75,854 acres, as generally 
        depicted on a map entitled ``Dirty Devil Proposed Wilderness'' 
        and dated September 18, 1995, and which shall be known as the 
        Dirty Devil Wilderness.
          (48) Certain lands within the Horseshoe Canyon South 
        Wilderness Study Area comprised of approximately 11,392 acres, 
        as generally depicted on a map entitled ``Horseshoe Canyon 
        South Proposed Wilderness'' and dated September 18, 1995, and 
        which shall be known as the Horseshoe Canyon South Wilderness.
          (49) Certain lands in the French Spring-Happy Canyon 
        Wilderness Study Area comprised of approximately 12,343 acres, 
        as generally depicted on a map entitled ``French Spring-Happy 
        Canyon Proposed Wilderness'' and dated September 18, 1995, and 
        which shall be known as the French Spring-Happy Canyon 
        Wilderness.
  (b) Map and Description.--As soon as practicable after the date of 
enactment of this Act, the Secretary of the Interior (hereafter in this 
Act referred to as the ``Secretary'') shall file a map and a legal 
description of each area designated as wilderness by subsection (a) 
with the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate. Each such map 
and description shall have the same force and effect as if included in 
this Act, except that corrections of clerical and typographical errors 
in each such map and legal description may be made. Each such map and 
legal description shall be on file and available for public inspection 
in the office of the Director of the Bureau of Land Management, and the 
office of the State Director of the Bureau of Land Management in the 
State of Utah, Department of the Interior.

SEC. 3. ADMINISTRATION OF WILDERNESS AREAS.

  (a) In General.--Subject to valid existing rights, each area 
designated by this Act as wilderness shall be administered by the 
Secretary in accordance with this Act, the Wilderness Act (16 U.S.C. 
1131 et seq.), and section 603 of the Federal Land Policy and 
Management Act of 1976. Any valid existing rights recognized by this 
Act shall be determined under applicable laws, including the land use 
planning process under section 202 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712). Any lands or interest in lands 
within the boundaries of an area designated as wilderness by this Act 
that is acquired by the United States after the date of enactment of 
this Act shall be added to and administered as part of the wilderness 
area within which such lands or interests in lands are located.
  (b) Management Plans.--The Secretary shall, within five years after 
the date of the enactment of this Act, prepare plans to manage the 
areas designated by this Act as wilderness.
  (c) Livestock.--(1) Grazing of livestock in areas designated as 
wilderness by this Act, where established prior to the date of the 
enactment of this Act, shall--
          (A) continue and not be curtailed or phased out due to 
        wilderness designation or management; and
          (B) be administered in accordance with section 4(d)(4) of the 
        Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set 
        forth in House Report 96-1126.
  (2) Wilderness shall not be used as a suitability criteria for 
managing any grazing allotment that is subject to paragraph (1).
  (d) State Fish and Wildlife.--In accordance with section 4(d)(7) of 
the Wilderness Act (16 U.S.C. 1131(d)(7)), nothing in this Act shall be 
construed as affecting the jurisdiction or responsibilities of the 
State of Utah with respect to fish and wildlife management activities, 
including water development for fish and wildlife purposes, predator 
control, transplanting animals, stocking fish, hunting, fishing and 
trapping.
  (e) Prohibition of Buffer Zones.--The Congress does not intend that 
designation of an area as wilderness by this Act lead to the creation 
of protective perimeters or buffer zones around the area. The fact that 
nonwilderness activities or uses can be seen, heard, or smelled from 
areas within a wilderness shall not preclude such activities or uses up 
to the boundary of the wilderness area.
  (f) Oil Shale Reserve Number Two.--The area known as ``Oil Shale 
Reserve Number Two'' within Desolation Canyon Wilderness (as designated 
by section 2(a)(1)), located in Carbon County and Uintah County, Utah, 
shall not be reserved for oil shale purposes after the date of the 
enactment of this Act and shall be under the sole jurisdiction of and 
managed by the Bureau of Land Management.
  (g) Roads and Rights-of-Way as Boundaries.--Unless depicted otherwise 
on a map referred to by this Act, where roads form the boundaries of 
the areas designated as wilderness by this Act, the wilderness boundary 
shall be set back from the center line of the road as follows:
          (1) 300 feet for high standard roads such as paved highways.
          (2) 100 feet for roads equivalent to high standard logging 
        roads.
          (3) 30 feet for all unimproved roads not referred to in 
        paragraphs (1) or (2).
  (h) Cherry-Stemmed Roads.--(1) The Secretary may not close or limit 
access to any non-Federal road that is bounded on one or both sides by 
an area designated as wilderness by this Act, as generally depicted on 
a map referred to in section 2, without first obtaining written consent 
from the State of Utah or the political subdivision thereof with 
general jurisdiction over roads in the area.
  (2) Any road described in paragraph (1) may continue to be maintained 
and repaired by any such entity.
  (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 wilderness by 
this Act 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 customary or historic uses.
  (j) Land Acquisition by Exchange or Purchase.--The Secretary may 
offer to acquire from non-governmental entities lands and interests in 
lands located within or adjacent to areas designated as wilderness by 
this Act. Lands may be acquired under this subsection only by exchange, 
donation, or purchase from willing sellers.
  (k) Motorboats.--As provided in section 4(d)(1) of the Wilderness 
Act, within areas designated as wilderness by this Act, the use of 
motorboats, where such use was established as of the date of enactment 
of this Act, may be permitted to continue subject to such restrictions 
as the Secretary deems desirable.
  (l) Disclaimer.--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.

SEC. 4. WATER RIGHTS.

  (a) No Federal Reservation.--Nothing in this Act or any other Act of 
Congress shall constitute or be construed to constitute either an 
express or implied Federal reservation of water or water rights for any 
purpose arising from the designation of areas as wilderness by this 
Act.
  (b) Acquisition and Exercise of Water Rights Under Utah Law.--The 
United States may acquire and exercise such water rights as it deems 
necessary to carry out its responsibilities on any lands designated as 
wilderness by this Act pursuant to the substantive and procedural 
requirements of the State of Utah. Nothing in this Act shall be 
construed to authorize the use of eminent domain by the United States 
to acquire water rights for such lands. Within areas designated as 
wilderness by this Act, all rights to water granted under the laws of 
the State of Utah may be exercised in accordance with the substantive 
and procedural requirements of the State of Utah.
  (c) Exercise of Water Rights Generally Under Utah Laws.--Nothing in 
this Act shall be construed to limit the exercise of water rights as 
provided under Utah State laws.
  (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.
  (e) Water Resource Projects.--Nothing in this Act or the Wilderness 
Act shall be construed to limit or to be a consideration in Federal 
approvals or denials for access to or use of the Federal lands outside 
areas designated wilderness by this Act for development and operation 
of water resource projects, including (but not limited to) reservoir 
projects. Nothing in this subsection shall create a right of access 
through a wilderness area designated pursuant to this Act for the 
purposes of such projects.

SEC. 5. CULTURAL, ARCHAEOLOGICAL, AND PALEONTOLOGICAL RESOURCES.

  The Secretary is responsible for the protection (including through 
the use of mechanical means) and interpretation (including through the 
use of permanent improvements) of cultural, archaeological, and 
paleontological resources located within areas designated as wilderness 
by this Act.

SEC. 6. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

  In recognition of the past use of portions of the areas designated as 
wilderness by this Act by Native Americans for traditional cultural and 
religious purposes, the Secretary shall assure nonexclusive access from 
time to time to those sites by Native Americans for such purposes, 
including (but not limited to) wood gathering for personal use or 
collecting plants or herbs for religious or medicinal purposes. Such 
access shall be consistent with the purpose and intent of the Act of 
August 11, 1978 (42 U.S.C. 1996; commonly referred to as the ``American 
Indian Religious Freedom Act'').

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 
overflights of military aircraft 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 rules over such areas.
  (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 communications 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.

SEC. 8. AIR QUALITY.

  (a) In General.--The Congress does not intend that designation of 
wilderness areas in the State of Utah by this Act lead to 
reclassification of any airshed to a more stringent Prevention of 
Significant Deterioration (PSD) classification.
  (b) Role of State.--Air quality reclassification for the wilderness 
areas established by this Act shall be the prerogative of the State of 
Utah. All areas designated as wilderness by this Act are and shall 
continue to be managed as PSD Class II under the Clean Air Act unless 
they are reclassified by the State of Utah in accordance with the Clean 
Air Act.
  (c) Industrial Facilities.--Nothing in this Act shall be construed to 
restrict or preclude construction, operation, or expansion of 
industrial facilities outside of the areas designated as wilderness by 
this Act, including the Hunter Power Facilities, the Huntington Power 
Facilities, the Intermountain Power Facilities, the Bonanza Power 
Facilities, the Continental Lime Facilities, and the Brush Wellman 
Facilities. The permitting and operation of such projects and 
facilities shall be subject to applicable laws and regulations.

SEC. 9. WILDERNESS RELEASE.

  (a) Finding.--The Congress finds and directs that all public lands in 
the State of Utah administered by the Bureau of Land Management have 
been adequately studied for wilderness designation pursuant to sections 
202 and 603 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712 and 1782).
  (b) Release.--Except as provided in subsection (c), any public lands 
administered by the Bureau of Land Management in the State of Utah not 
designated wilderness by this Act shall not be subject to section 
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1783(c)) but shall be managed for the full range of nonwilderness 
multiple uses in accordance with land management plans adopted pursuant 
to section 202 of such Act (43 U.S.C. 1712), 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. Such 
lands shall not be managed for the purpose of protecting their 
suitability for wilderness designation or their wilderness character 
and shall remain available for nonwilderness multiple uses, subject to 
the requirements of other Federal laws.
  (c) Continuing Wilderness Study Areas Status.--The following 
wilderness study areas which are under study status by States adjacent 
to the State of Utah shall continue to be subject to section 603(c) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)):
          (1) Bull Canyon; UT-080-419/CO-010-001.
          (2) Wrigley Mesa/Jones Canyon/Black Ridge Canyon West; UT-
        060-116/117/CO-070-113A.
          (3) Squaw/Papoose Canyon; UT-060-227/CO-030-265A.
          (4) Cross Canyon; UT-060-229/CO-030-265.

SEC. 10. EXCHANGE RELATING TO SCHOOL AND INSTITUTIONAL TRUST LANDS.

  (a) Findings.--The Congress finds that--
          (1) approximately 209,000 acres of school and institutional 
        trust lands are located within or adjacent to areas designated 
        as wilderness by this Act, including 15,000 acres of mineral 
        estate;
          (2) such lands were originally granted to the State of Utah 
        for the purpose of generating support for the public schools 
        through the development of natural resources and other methods; 
        and
          (3) it is in the interest of the State of Utah and the United 
        States for such lands to be exchanged for interests in Federal 
        lands located outside of wilderness areas to accomplish this 
        purpose.
  (b) Exchange.--If, not later than seven years after the date of the 
enactment of this Act and in accordance with this section, the State of 
Utah offers to transfer all its right, title, and interest in and to 
the school and institutional trust lands described in subsection (c)(1) 
to the United States, the Secretary shall accept the offer and, within 
180 days after the date of such acceptance, in exchange for such lands 
initiate transfers to the State of Utah of all right, title, and 
interest of the United States in and to the Federal lands described in 
subsection (c)(2) and (d). The exchange of lands under this section 
shall be subject to valid existing rights, 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.
  (c) State and Federal Exchange Lands Described.--
          (1) School and institutional trust lands.--The school and 
        institutional trust lands referred to in this section are those 
        lands generally depicted as ``Surface and Mineral Offering'' on 
        the map entitled ``Proposed Land Exchange Utah (H.R. 1745)'' 
        and dated November 9, 1995, which--
                  (A) are located within or adjacent to areas 
                designated by this Act as wilderness; and
                  (B) were granted by the United States in the Utah 
                Enabling Act to the State of Utah in trust and other 
                lands which under State law must be managed for the 
                benefit of the public school system or the institutions 
                of the State which are designated by the Utah Enabling 
                Act.
          (2) Federal lands.--The Federal lands referred to in this 
        section are the lands located in the State of Utah which are 
        generally depicted as ``Federal Exchange Lands'' on the map 
        referred to in paragraph (1).
    (d)(1) Land Exchanges for Equal Value.--The lands exchanged 
pursuant to this section shall be of approximate equal value, as 
determined by nationally recognized appraisal standards. If the values 
are not approximately equal, the Secretary and the State of Utah shall 
either agree to modify the lands to be exchanged, or shall provide for 
a cash equalization payment, to equalize the values. Any cash 
equalization payment shall not exceed 25 percent of the value of the 
lands to be conveyed. If the Secretary and the State of Utah agree to 
modify the lands to be exchanged, the State shall determine the lands 
to be acquired from the Federal Government from the lands listed in 
subsection (c)(2), and indicate its choice to the Secretary. The 
Secretary shall accept the State's determination.
    (2)(i) Deadline and Dispute Resolution.--If after two years from 
the date of enactment of this Act, the Secretary and the State of Utah 
have not agreed upon the final terms of some or all of the exchanges 
authorized by this section, including the values of the lands involved, 
notwithstanding any other provisions of law, the United States District 
Court for the District of Utah, Central Division, shall have 
jurisdiction to hear, determine, and render judgment on the value of 
any and all lands, or interests therein, involved in the exchange.
    (ii) No action provided for in this subsection may be filed with 
the court sooner than two years and later than six years after the date 
of enactment of this Act. Any decisions of a district court under this 
section may be appealed in accordance with applicable laws and rules.
  (e) Duties of the Parties and Other Provisions Relating to the 
Exchange.--
          (1) Map and legal description.--The State of Utah and the 
        Secretary shall each provide to the other legal descriptions of 
        the lands under their respective jurisdictions which are to be 
        exchanged under this section. The map referred to in subsection 
        (c)(1) and the legal descriptions provided under this 
        subsection shall be on file and available for public inspection 
        in the office of the Director of the Bureau of Land Management, 
        and the office of the State Director of the Bureau of Land 
        Management in the State of Utah, Department of the Interior.
          (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.
          (3) Provisions relating to federal lands.--(A) The enactment 
        of this Act shall be construed as satisfying the provisions of 
        section 206(a) of the Federal Land Policy and Management Act of 
        1976 requiring that exchanges of lands be in the public 
        interest.
          (B) The transfer of lands and related activities required of 
        the Secretary under this section shall not be subject to 
        National Environmental Policy Act of 1969.
          (C) The value of Federal lands transferred to the State under 
        this section shall be adjusted to reflect the 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.
          (D) Subject to valid existing rights, the Federal lands 
        described in subsection (c)(2) 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 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 and following).
          (4) Proceeds from lease and production of minerals and sales 
        and harvests of timber.--
                  (A) Collection and distribution.--The State of Utah, 
                in connection with the management of the school and 
                institutional trust lands described in subsections 
                (c)(2) and (d), shall upon conveyance of such lands, 
                collect and distribute all proceeds from the lease and 
                production of minerals and the sale and harvest of 
                timber on such lands as required by law until the 
                State, as trustee, no longer owns the estate from which 
                the proceeds are produced.
                  (B) Disputes.--A dispute concerning the collection 
                and distribution of proceeds under subparagraph (A) 
                shall be resolved in accordance with State law.
  (f) Administration of Lands Acquired by the United States.--The lands 
and interests in lands acquired by the United States under this section 
shall be added to and administered as part of areas of the public 
lands, as indicated on the maps referred to in this section or in 
section 2, as applicable.

SEC. 11. LAND APPRAISAL.

  Lands and interests in lands acquired pursuant to this Act shall be 
appraised without regard to the presence of a species listed as 
threatened or endangered pursuant to the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.).

SEC. 12. SAND HOLLOW LAND EXCHANGE.

  (a) Definitions.--As used in this section:
          (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, 
        comprised of approximately 1,380 acres, as generally depicted 
        on a map entitled ``Washington County Water Conservancy 
        District Exchange Proposal'' and dated July 24, 1995.
          (4) Sand hollow site.--The term ``Sand Hollow Site'' means 
        the lands located in Washington County, Utah, comprised of 
        approximately 3,000 acres, as generally depicted on a map 
        entitled ``Washington County Water Conservancy District 
        Exchange Proposal'' and dated July 24, 1995.
          (5) Quail creek pipeline.--The term ``Quail Creek Pipeline'' 
        means the lands located in Washington County, Utah, comprised 
        of approximately 40 acres, as generally depicted on a map 
        entitled ``Washington County Water Conservancy District 
        Exchange Proposal'' and dated July 24, 1995.
          (6) Quail creek reservoir.--The term ``Quail Creek 
        Reservoir'' means the lands located in Washington County, Utah, 
        comprised of approximately 480.5 acres, as generally depicted 
        on a map entitled ``Washington County Water Conservancy 
        District Exchange Proposal'' and dated July 24, 1995.
          (7) Smith property.--The term ``Smith Property'' means the 
        lands located in Washington County, Utah, comprised of 
        approximately 1,550 acres, as generally depicted on a map 
        entitled ``Washington County Water Conservancy District 
        Exchange Proposal'' and dated July 24, 1995.
  (b) Exchange.--
          (1) 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 
        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.
          (2) Water rights associated with the bulloch site.--The water 
        rights associated with the Bulloch Site shall not be included 
        in the transfer under paragraph (1) 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 through Zion National Park to the diversion point of the 
        District at the Quail Creek Reservoir.
          (3) 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.).
          (4) Grazing.--The exchange of lands under paragraph (1) 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.
  (c) Equalization of Values.--The value of the lands transferred out 
of Federal ownership under subsection (b) either shall be equal to the 
value of the lands received by the Secretary under subsection (c) 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 to 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 subsection (b).
  (d) Management of Lands Acquired by United States.--Lands acquired by 
the Secretary under this section 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.).
  (e) National Environmental Policy Act of 1969.--The exchange of lands 
under this section is not subject to section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332).

                         purpose of the measure

    S. 884, as ordered reported, would designate 1,813,944 
acres in Utah managed by the Bureau of Land Management as 
wilderness and would provide direction to the Secretary of the 
Interior related to the exchange of wilderness inholdings with 
the State of Utah for Federal lands outside designated areas.

                          background and need

    Pursuant to requirements contained within section 603 of 
the Federal Land Policy and Management Act of 1976 the Bureau 
of Land Management was directed to identify roadless areas of 
five thousand acres or more as it inventoried all of the public 
lands under its jurisdiction. Utah's public lands, along with 
those of all the other states, were covered by this statutory 
requirement. These roadless areas were to be evaluated for 
their wilderness character as described in the Wilderness Act 
of 1964. Congress instructed the Secretary to make 
recommendations to the President as to those areas identified 
as having wilderness character along with the Secretary's 
recommendations as to the lands suitable for preservation as 
wilderness. During the period of review of such areas, and 
until Congress has determined otherwise, the Secretary was 
instructed to manage the lands identified in a manner so as not 
to impair the suitability of such areas for preservation as 
wilderness.
    In 1991 President Bush forwarded to Congress Secretary 
Lujan's recommendations for Utah. Of the 3.2 million acres 
identified for possible inclusion in the system, Secretary 
Lujan recommended 1.9 million acres for designation as 
wilderness. In 1995 legislation was introduced in the House and 
Senate to designate 1.8 million acres of BLM land for inclusion 
in the Nations wilderness system. Lands contained within 
designated areas represent spectacular examples of those rugged 
and sweeping vistas associated with Utah's unique landscape. 
Also captured within the designations are beautiful multi-hued 
geologic formations and breathtaking examples of water, wind, 
and time's sculptures on these rock strata. These unique areas 
include Grand Gulch; Desolation Canyon and the Book Cliffs 
area: the Little Grand Canyon, the Black Box, and Mexican and 
Sid's Mountains of the San Rafael Swell; the Dirty Devil, the 
Escalante, and East Fork of the Virgin Rivers; the red rock 
character of Red Mountain Canaan Mountain, and Crack Canon; and 
the west desert area of Utah represented by Notch Peak, Fish 
Springs, and Cedar Mountains.

                          legislative history

    S. 884 was also introduced in the Senate on June 6, 1995 by 
Senators Hatch and Bennett. The bill was referred to the Energy 
and Natural Resources Committee, and subsequently, to the 
Subcommittee on Forests and Public Lands Management. On July 
13, 1995, Subcommittee hearings were held in Washington, D.C. 
At the business meeting on December 6, 1995, the Committee on 
Energy and Natural Resources ordered S. 884 favorably reported 
as amended.

            committee recommendations and tabulation of vote

    The Senate Committee on Energy and Natural Resources, in 
open business session on December 6, 1995, by voice vote of a 
quorum present, recommends that the Senate pass S. 884 if 
amended as described herein.

                          committee amendment

    During consideration of S. 884, the Committee adopted an 
amendment in the Nature of a Substitute. In addition to 
numerous minor and clarifying amendments the substitute made 
the following major changes to the bill as introduced.
          A section authorizing the Sand Hollow land exchange 
        was added; and
          Language was added which directed land exchanges to 
        be based on equal values as determined by nationally 
        accepted appraisal methods.
    The substitute is described in detail in the Section-by-
Section Analysis portion of this report.

                      section by section analysis

Short title

    Section 1 entitled the bill the ``Utah Public Lands 
Management Act of 1995''.

Designation of wilderness

    Section 2 designates 1,813,944 acres of land managed by the 
Bureau of Land Management in Utah as wilderness to be included 
as components of the National Wilderness Preservation System. 
The acreage is contained within 49 separate units listed and 
named within this section.

Administration of wilderness lands

    Section 3 provides direction to the Secretary regarding the 
administration of areas designated as wilderness in the Act.
    Subsection 3(a) states that subject to valid existing 
rights, the Secretary is directed to manage all lands 
identified within the Act in accordance with this Act, the 
Wilderness Act, section 202 of the Federal Land Policy and 
Management Act of 1976 (FLPMA). This subsection ensures that 
all valid existing rights recognized by the bill will be 
determined under applicable law, including section 202 of the 
FLPMA planning process.
    Subsection 3(b) gives the Secretary 5 years to prepare 
plans to manage the areas designated as wilderness.
    Subsection 3(c) authorizes the continuation of livestock 
grazing in designated wilderness areas where it occurred prior 
to passage of this Act.
    Subsection 3(d) states that nothing in this Act effects the 
jurisdiction or the responsibility for the management of fish 
and wildlife under the jurisdiction of the State of Utah.
    Subsection 3(e) prohibits the creation of buffer zones.
    Subsection 3(f) terminates ``Oil Shale Reserve Number Two 
and directs that these lands be under the sole management 
jurisdiction of the Bureau of Land Management.
    Subsection 3(g) provides specific language designating 
boundary set backs for roads and right-of-ways that form the 
boundaries of designated wilderness areas.
    Subsection 3(h) prohibits the Secretary from closing any 
non-Federal road that is bounded on one or both sides by a 
designated wilderness area, unless written consent is obtained 
from the State of Utah or the political subdivision with 
jurisdiction over roads in the area. Such non-Federal roads 
covered by this subsection that are maintained by an entity 
other than the United States shall be allowed to continue to be 
maintained and repaired by that entity.
    Subsection 3(i) provides for reasonable access to developed 
water storage or carriage facilities, to inholdings, to valid 
existing rights on Federal lands (i.e., water diversions, 
livestock grazing improvements, and structures, etc.), and to 
existing routes. Access under this subsection includes 
motorized use that is necessary and customarily or historically 
employed on existing routes at the time of enactment of this 
Act.
    Subsection 3(j) authorizes the Secretary to acquire (from 
willing sellers) through purchase, exchange, or donation any 
non-Federal lands within or adjacent to areas designated as 
wilderness by this Act.
    Subsection 3(k) states that the use of motorboats in 
wilderness areas may be permitted to continue, subject to 
Secretarial restrictions.
    Subsection 3(l) prevents the Act from establishing a 
precedent for any future wilderness designation or 
interpretation of any other Act or wilderness designation made 
pursuant thereto.

Water rights

    Subsection 4(a) states that nothing in this Act shall 
create a Federal water right or reservation for any purpose 
arising from the designation of wilderness by this Act.
    Subsection 4(b) allows the Secretary to acquire and 
exercise water rights as deemed necessary for the management of 
lands designated as wilderness by this Act; and, directs that 
those rights must be acquired and exercised according to Utah 
law. This subsection also prohibits the use of eminent domain 
by the United States to acquire water rights on lands 
designated by this Act.
    Subsection 4(c) states that nothing in the Act may limit 
the exercise of water rights under Utah state law.
    Subsection 4(d) makes it clear that nothing in the Act 
shall effect the capacity, operation, maintenance, 
modification, or replacement of water facilities within areas 
designated as wilderness by this Act that are in existence as 
of the date of enactment.
    Subsection 4(e) states that the Act shall not limit nor be 
a consideration in Federal approvals for water resource 
projects located outside and upstream of designated wilderness 
areas.

Cultural, archaeological, and paleontological resources

    Section 5 provides that the Secretary is responsible for 
the protection and interpretation of cultural, archaeological, 
and paleontological resources located within areas designated 
wilderness by the bill. The Secretary is allowed to protect 
these resources through the use of mechanical means if 
necessary, and to interpret these resources by using permanent 
improvements where necessary.

Native American cultural and religious uses

    Subsection 6 recognizes the past use by Native Americans of 
sites within areas to be designated wilderness for cultural and 
religious purposes (i.e., wood gathering for personal use, the 
collection of plants and herbs for religious or medical 
purposes). This section further directs the Secretary to assure 
nonexclusive access from time to time to these sites for those 
purposes.

Military overflights

    Section 7 of the Act prevents wilderness designation from 
restricting or precluding low-level military overflights over 
designated lands. This section also preserves the ability to 
establish new airspace units for training and allows the 
existence and maintenance of communication and tracking systems 
that support the military overflights.

Air quality

    Section 8 deals with air quality management within and 
adjacent to areas designated as wilderness by this Act.
    Subsection 8(a) states that it is not the intent of 
Congress, through the passage of this act, to cause 
reclassification of any airshed within Utah to a more stringent 
category.
    Subsection 8(b) directs that areas designated by this shall 
continue to be managed as PSD Class II. If any reclassification 
of airsheds designated by this Act is to occur, it shall be at 
the prerogative of the State of Utah and in accordance with the 
Clean Air Act.
    Subsection (c) states that nothing in this act shall 
restrict or preclude construction, operation, and expansion of 
certain industrial facilities located outside areas designated 
as wilderness by the Act. In addition, this subsection directs 
that permitting and operation of facilities shall be subject to 
applicable laws and regulations.

Wilderness release

    Section 9 addresses the future management alternatives 
available to the Secretary concerning the wilderness study 
``not'' designated as wilderness by this Act.
    Subsection 9(a) is a Congressional finding that lands 
managed by the Bureau of Land Management have been adequately 
studied for wilderness designation pursuant to Sections 202 and 
603 of FLPMA.
    Subsection 9(b) contains language that releases wilderness 
study lands not designated as wilderness by this Act from 
management under section 603 of FLPMA. This section further 
directs that BLM manage these nondesignated lands in accordance 
with land management plans adopted pursuant to section 202 of 
FLPMA.
    Subsection 9(c) retains four areas as wilderness study 
areas under section 603(c) of FLPMA.

Exchanges relating to school and institutional trust lands

    Section 10 sets up the process whereby State of Utah school 
and institutional trust lands contained within designated 
wilderness areas can be exchanged for Federal lands laying 
outside wilderness areas. The lands to be exchanged pursuant to 
this section shall be of approximate equal value.
    Subsection 10(a) finds that approximately 209,000 acres of 
school and institutional trust lands lie within or adjacent to 
areas designated as wilderness by this Act; these lands were 
originally granted to the State of Utah for the purposes of 
generating income for the public schools; and that it is in the 
interest of the State of Utah and the United States to exchange 
these lands out of the wilderness areas and to accomplish the 
purposes of the school trust lands.
    Subsection 10(b) provides the State of Utah with up to 
seven years to offer to transfer all its interest to identified 
State lands to the Secretary. The Secretary is instructed to 
accept the offer and within 180 days initiate the exchange of 
the identified Federal lands. The exchange of lands is subject 
to valid existing rights and shall be completed within two 
years of the State's offer.
    Subsection 10(c) identifies the lands to be exchanged on 
official maps.
    Subsection 10(d) states that the lands to be exchanged 
shall be of approximate equal value as determined by nationally 
recognized appraisal standards. If the value of Federal lands 
identified in Sec. 10(d)(2) is such that all of them can not be 
obtained, the State of Utah shall determine which lands it 
desires up to the value established for the properties being 
obtained by the United States. This subsection establishes 
through the United States District Court, a process to resolve 
disagreements between the State and the Secretary over values 
associated with this exchange of lands. In this process the 
courts can not be petitioned sooner than two years and not 
later than six years after the date of enactment of this Act.
    Section 10(e) directs the State of Utah and the United 
States to provide each other legal descriptions of their 
respective lands. The maps and legal descriptions shall be made 
available to the public. Both parties are to inspect their 
respective lands for the presence of hazardous materials and 
are directed to remediate any problems identified. The transfer 
is found to be in the public interest and is exempted from any 
National Environmental Policy Act requirements. The value of 
federal lands transferred to the State shall be adjusted to 
reflect the fact that Utah would be entitled to share the 
revenues generated from such lands. Subject to valid existing 
rights, the lands identified for State acquisition are 
withdrawn from disposition, location, entry and patent under 
existing land and mineral laws under the federal mining laws.
    Section 10(f) directs the Secretary to administer the lands 
acquired by the United States under this Act as wilderness.

Land appraisal

    Section 11 directs that lands acquired pursuant to this Act 
shall be appraised without regard to the presence of threatened 
or endangered species under the Endangered Species Act.

Sand Hollow land exchange

    Section 12 establishes procedures whereby the Water 
Conservancy District of Washington County Utah can exchange on 
an equal value basis, lands and water rights to the Secretary 
for lands outside and noncontingent to wilderness areas defined 
in this Act. These lands are described in subsection (a) (3), 
(4), (5), (6), (7).
    Subsection 12(a) defines terms and parcels associated with 
the Sand Hollow exchange.
    Subsection 12(b) directs the Secretary to accept Washington 
County's offer to exchange if made within eighteen months. 
Water rights associated with the land coming to the Secretary 
are to remain with the Water Conservancy District, but shall be 
subject to an agreement between the District and the Secretary 
which establishes a point of diversion down stream of Zion 
National Park. In addition, this subsection withdraws the 
Federal lands identified in Sec. 12(a) from operation of the 
mining laws and mineral leasing laws of the United States, the 
Geothermal Steam Act of 1970, and the Minerals Materials Act of 
1947. 12(b) further specifies that by agreement with the 
District, grazing on the Sand Hollow Site shall continue under 
the terms and conditions of existing Federal permits. If the 
District chooses to terminate those rights, they must fully 
compensate permit holders for the value of the rights taken.
    Subsection 12(c) establishes procedures to ensure 
equalization of values in trades between the federal government 
and the Water Conservancy District through the exchange of 
additional acreage and water rights. If exchanged lands and 
water rights are not of sufficient value to equalize the trade, 
the Secretary is authorized to receive cash from the District 
in the amount necessary to achieve equality.
    Subsection 12(d) directs the Secretary to manage all lands 
acquired in the Sand Hollow Exchange under laws generally 
applicable to the management of public lands.
    Subsection 12(e) provides that the Sand Hollow exchange is 
not subject to section 102 of the National Environmental Policy 
Act of 1969.

                    Cost and Budgetary Consideration

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 15, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 884, the Utah Public Lands Management Act of 1995, 
as ordered reported by the Senate Committee on Energy and 
Natural Resources on December 6, 1995. CBO estimates that 
enacting S. 884 would affect direct spending. Therefore, pay-
as-you-go procedures would apply to the bill. We estimate that 
the resulting increase in federal outlays would average less 
than $500,000 per year. CBO also estimates that the bill would 
increase the federal government's land management costs by 
about $1 million per year, assuming appropriation of the 
necessary funds.
    S. 884 would designate as wilderness approximately 1.8 
million acres in Utah that are currently under the control of 
the Bureau of Land Management (BLM). The bill would release 
about 1.4 million acres of other land in the agency's 
Wilderness Study Area and provide that BLM manage it for non-
wilderness multiple uses. The bill also would authorize the 
exchange of Utah school trust lands in and adjacent to the 
designated wilderness area for federal lands elsewhere. The 
lands to be exchanged are to be of approximately equal 
appraised values and based on a land exchange map dated 
November 9, 1995.
    S. 884 also would authorize the Secretary of the Interior 
to transfer approximately 3,520 acres of federal lands known as 
the Sand Hollow Site, the Quail Creek Pipeline, and the Quail 
Creek Reservoir to the Water Conservancy District of Washington 
County, Utah. The Water Conservancy District seeks to acquire 
these lands for its reservoir operation. In exchange, the 
Secretary would receive approximately 1,380 acres of a water 
storage reservoir site known as the Bulloch Site in Kane 
County, Utah, adjacent to Zion National Park.
    Federal Budgetary Impact: Based on information from the 
Department of the Interior and the state of Utah, CBO estimates 
that the federal land proposed for exchange with the state of 
Utah will generate, on average, less than $1 million of 
offsetting receipts each year during the 1996-2000 period. (The 
amount of bonus bids and royalty income for each year is 
uncertain and depends on both development of existing leases 
and the extent to which new leases are entered into.) The 
federal government pays half of such receipts to the state of 
Utah. These federal receipts, less payments to the state, would 
be forgone if S. 884 is enacted. Because the budget records the 
receipts as offsetting receipts (that is, negative outlays), 
their loss would result in a net increase in federal spending. 
Thus, we estimate that the transfer of land to Utah would 
increase federal outlays by amounts averaging almost $500,000 
annually over the next five years.
    The loss of federal receipts under S. 884 from the land 
transferred to Utah would be partially offset because the 
government would obtain new lands from the state that also 
generate income. CBO estimates that the state lands that would 
be transferred to the federal government currently generate 
about $65,000 per year from mineral leases held by the state of 
Utah, and those receipts would likely continue at about the 
same level if the land exchange is enacted. Once the land is 
transferred to the federal government, however, half of the 
gross receipts would still be paid to Utah. Therefore, new 
federal receipts (net of the state's share) from the land 
currently owned by the state would total about $33,000 per 
year.
    New oil and gas development could occur on the 1.4 million 
acres of federal land that S. 884 would release for non-
wilderness multiple use, resulting in small increases in 
offsetting receipts from bonus bids and rental payments over 
the 1996-2000 period. However, CBO cannot estimate the 
likelihood or magnitude of such development.
    S. 884 would require the proposed exchanges with the Water 
Conservancy District of Washington County, Utah, to be of equal 
value. If, after appraisals are completed, the District needs 
to transfer additional land in order to equalize the value of 
the lands to be exchanged, the bill would require that, to the 
extent possible, the Department of the Interior acquire lands 
in Washington County that are within desert tortoise habitat, 
acquire approximately 1,550 acres known as the Smith Site in 
Washington County adjacent to Zion National Park, and equalize 
the exchange with cash payments. CBO estimates that any cash 
payments made to equalize the value of lands exchanged would be 
negligible.
    According to information from the Bureau of Land 
Management, the parcels of federal land to be exchanged with 
the Washington County Water Conservancy District generate less 
than $1,000 annually in offsetting receipts from grazing 
permits and rights-of-way rent. BLM expects that the lands 
received in exchange would generate about the same small 
amounts of offsetting receipts.
    Based on information from BLM, CBO estimates that enacting 
S. 884 would increase BLM's administrative costs by about $1 
million annually, subject to appropriation of the necessary 
amounts. Most of these costs would be incurred to manage the 
1.8 million acres designated as wilderness by the bill, 
primarily for the preparation of management plans, for mapping, 
and for boundary identification and changes in boundary 
markers. Some of the additional costs would be incurred for 
modifying maps and plans for the 1.4 million acres of land 
released for non-wilderness multiple use.
    By decreasing the amount of federally owned land in Utah, 
S. 884 would decrease the potential payments in lieu of taxes 
(PILT) made to counties in Utah, as determined by the PILT 
formula. The change in such payments, which are subject to 
appropriations, would not be significant.
    State and Local Government Budgetary Impact: Based on the 
above estimates of federal receipts, CBO expects that federal 
payments to the state of Utah would increase by the same amount 
as the decrease in net federal receipts--less than $500,000 per 
year.
    The land exchange with the Washington County Water 
Conservancy District authorized by this bill would be entered 
into voluntarily by the district and would be an equal value 
exchange. Therefore, CBO estimates that the provisions in S. 
884 regarding the land exchange with the water conservancy 
district would impose no costs on state or local governments.
    Because enacting S. 884 would decrease the total number of 
acres of federal land in Utah, payments in lieu of taxes would 
also decrease, subject to appropriation by the Congress. The 
losses of such payments, however, would not be significant.
    If you wish further details on this estimate, we will be 
pleased to provide them. The staff contacts are Victoria V. 
Heid, and, for state and local impacts, Majorie Miller.
            Sincerely,
                                         June E. O'Neill, Director.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 884. The bill is not a regulatory measure in 
the sense of imposing Government established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in the 
administering of the program. Therefore, there would be no 
impact on personal privacy.
    Little, if any, additional paperwork would result from 
enactment of S. 884, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On December 14, 1995, the Committee on Energy and Natural 
Resources requested a legislative report from the Department of 
the Interior setting forth executive views on S. 884 as 
amended. This report had not been received at the time the 
report on S. 884 was filed. When the report becomes available, 
the Chairman will request that it be printed in the 
Congressional Record for the advice of the Senate. The 
following testimony from the administration was received by the 
Committee on S. 884, as introduced:

Testimony of Sylvia Baca, Deputy Assistant Secretary, Land and Minerals 
                 Management, Department of the Interior

    Thank you for inviting us here today to testify on S. 884, 
the Utah Public Lands Management Act of 1995.
    The Department understands that this legislation comes 
after five months of intensive activity, including meetings, 
field visits and public hearings held throughout Utah by 
Governor Leavitt and the Congressional delegation. We know that 
a great deal of time and effort have gone into preparing this 
legislation and the Secretary congratulates all concerned for 
taking a major step toward addressing the longstanding and 
nationally important issue of protecting Utah's wilderness 
values.
    The issue is highly controversial, and we know there are 
strongly held views on all sides. We recognize there is 
opposition in some quarters to the designation of any Bureau of 
Land Management (BLM) lands in Utah as wilderness. We also 
understand that many Utahns have expressed their strong support 
for sizable wilderness designation. There is much interest 
outside the state, too, with a great deal of support for strong 
wilderness protection of public lands in Utah.
    The reason for these strong feelings lies with the land 
itself. Utah contains some of the most beautiful and 
spectacular areas in all of America. This legislation addresses 
the management of public lands with some of the greatest 
wilderness, scenic, and recreational values in the country but 
which currently enjoy no permanent protection. S. 884 includes 
some of these lands, but releases the rest for development in a 
way that would forever preclude their reconsideration for 
wilderness designation. Many provisions of the bill represent a 
major departure in the way wilderness lands are managed, some 
in ways that are contrary to the 1964 Wilderness Act.
    The Administration cannot support this bill as presently 
written. The unprecedented ``hard release'' mandate, the new 
wilderness management language, and the number of unprotected 
acres and areas are each major problems. While the Secretary 
has expressed the hope that the Congress might pass Utah 
wilderness legislation that the President could sign, this bill 
is far off the mark. If the bill were presented to the 
President in its current form, Secretary Babbitt would 
recommend that he veto it.


                                history


    As you know, Mr. Chairman, the review of public lands in 
Utah for wilderness potential has a long and contentious 
history. The Bureau of Land Management's initial inventory to 
implement the wilderness review mandated in the Federal Land 
Policy and Management Act of 1976 (FLPMA) identified 5.5 
million acres as having potential wilderness values. Decisions 
to reduce that acreage in subsequent stages of the process 
resulted in 2.6 million acres being designated as wilderness 
study areas (WSAs). Acting on challenges by Utah environmental 
interests, the Interior Board of Land Appeals remanded about 
700,000 acres for reinventory, ultimately providing WSA status 
to approximately 3.2 million acres. Following further study, in 
1991 the Bush Administration recommended to Congress that 1.9 
million acres be designated as wilderness.
    The controversy generated by the final inventory decision 
and the intensity of the pro- and anti-wilderness sides led 
this Committee to conduct oversight hearings that identified 
serious concerns regarding the criteria BLM used to exclude 
acreage from wilderness study status. The Utah inventory and 
subsequent recommendations were the most controversial of the 
entire BLM wilderness review process. Pitched debate over the 
validity of that work and those actions has continued to hamper 
the Utah wilderness process to this day.
    Other proposals for resolving the Utah wilderness debate, 
including H.R. 1500, have been made. We are pleased that S. 884 
recognizes that some areas outside the WSAs deserve 
consideration for wilderness designation. But we are sure other 
areas, both inside and outside the existing WSAs, deserve such 
status.
    We come before you today, Mr. Chairman, ready to work with 
you to get a bill that could become law. We think it will take 
time, and a more deliberative and careful look at what areas 
and what protections are appropriate. We do not come with a 
specific area or acreage proposal. We have drawn no line in the 
sand concerning any particular number.
    We do note, however, that we are not bound by positions 
developed and taken during the past two Administrations. 
Specifically, the Bush Administration's recommendation of 1.9 
million acres is inadequate to protect Utah's great wilderness 
resources. We hope that when you consider all the testimony, 
the public input, the intent behind the 1964 Wilderness Act, 
and the spectacular public lands found in Utah, you will modify 
this legislation in a way we could support.


                                 s. 884


    The Department of the Interior's concerns regarding the 
bill's provisions include the ``hard release'' language, 
insufficient acreage protection, mandated unequal exchanges, 
automatic approvals of new developments in wilderness, the use 
and construction of roads in wilderness areas, failure to 
protect archaeological and paleontological resources, and 
several other issues.
    Lands designated wilderness under S. 884 would be managed 
in a manner inconsistent with the mandates of the Wilderness 
Act. This bill mandates that roads and routes in wilderness 
areas remain open to use by motorized vehicles to a much 
greater extent than provided for in the Wilderness Act. Roads 
inside the proposed wilderness may be maintained and even 
replaced or realigned by any entity that claims to have 
maintained them in the past. Access by motorcycles, cars, 
trucks, sports utility vehicles and heavy equipment at any time 
of the year is guaranteed for water diversion, pipelines, 
irrigation facilities, transmission lines, communication sites, 
agricultural facilities, or any facility or structure located 
within a wilderness. Any route or road, no matter how poorly 
located or how much erosion damage it may be creating, used to 
reach virtually any facility in a wilderness, remains open to 
motorized use. This sort of unrestricted vehicular use is not 
permitted on lands now managed by the BLM, whether or not they 
are in a designated wilderness.
    On this point, and elsewhere, the bill would create the 
ironic situation that management inside wilderness could be 
less protective than management of public lands not designated 
as wilderness. To the extent this is true, it calls into 
serious question the value of designation as wilderness.
    Management of cultural and paleontological resources inside 
wilderness designated by this bill could be compromised. This 
bill appears to allow anyone to go into a designated wilderness 
to obtain cultural and paleontological resources, and use 
backhoes, bulldozers or any other mechanical means to do it. 
The BLM has worked hard to permit legitimate researchers to 
have necessary access, and to prevent illegal looting and 
vandalism of such sites. Wilderness designation and the lack of 
mechanical access helps to protect cultural and paleontological 
resources.
    The bill would explicitly permit the construction, 
maintenance, or expansion of reservoirs, transmission lines, 
communications sites, and even a natural gas pipeline, inside 
wilderness areas without regard for impacts on wilderness 
values. In some wilderness areas any facility deemed in the 
public interest may be constructed without regard to wilderness 
designation. Access across wilderness lands to reservoir 
projects outside wilderness would be permitted without regard 
to the damage such access may cause to the wilderness.
    Cherry-stem roads within wilderness areas (where wilderness 
boundaries are drawn to exclude roads ending inside the 
wilderness, with wilderness on both sides of the road) should 
be delineated on the official map describing the wilderness 
areas and not left as this bill does, to subsequent claims or 
assertions of road rights-of-way. In addition, we believe the 
management of fish and wildlife resources, inside and outside 
wilderness, must be a cooperative State/Federal effort in order 
to attain compatible wilderness, ecological, and wildlife 
management functions. We believe the list of activities 
exclusively reserved to the state is too broad and would 
benefit from a more cooperative approach that would consider 
wilderness values.
    In general, we are troubled by the possible implications of 
the term ``nonwilderness multiple uses'' as used in the bill. 
The agency, the public, and other state and local governments 
are familiar with ``multiple use'' as defined in Section 103(c) 
of FLPMA. We recommend the term be deleted from the bill and 
replaced with multiple use as defined by FLPMA. We are also 
concerned that the provisions dealing with water rights and 
buffer zones go beyond what is necessary.


                             land exchanges


    S. 884 would mandate that state lands within or immediately 
adjacent to designated wilderness areas be exchanged for BLM-
administered lands in other locations. The Department agrees 
that removal of State section inholdings will benefit both the 
long-term protection of wilderness characteristics and the 
opportunities for improved State trust land use. We strongly 
oppose, however, the specific provisions of the exchange as 
described in the bill, both in the text and on the map provided 
by the delegation.
    The text of the bill claims that the values of the lands to 
be exchanged are of ``approximate equal value,'' but this 
clearly is not the case when the specific tracts shown on the 
map are reviewed. The tracts proposed to be obtained by the 
state have high economic value for mineral, residential, or 
industrial development. The fair market value of these lands 
may be 5 to 10 times or more than the value of the lands that 
would be transferred to the Federal government. Despite the 
imbalance in favor of the State, the bill provides for 
increased compensation to the State if encumbrances on Federal 
lands being transferred result in an imbalance, but not the 
other way around. This would only add to the inequality of 
values in this proposed exchange.
    Furthermore, the text states that it will ``be construed as 
satisfying the provisions of Section 206(a) of the Federal Land 
Policy and Management Act of 1976 (FLPMA) requiring that 
exchanges of lands be in the public interest.'' Under section 
206(b) of FLPMA, however, this can only be true if the lands to 
be exchanged are, in fact, of ``approximate equal value,'' or 
that the values are equalized by the payment of money.
    We emphasize that the Department would support a flexible 
exchange authorization that would result in a fair and 
equitable solution for both the state and federal interests; 
this bill does not provide one.
    We have other concerns as well. The loss of receipts from 
mineral leasing on the Federal lands to be exchanged could have 
pay-as-you-go costs that would need to be offset. We are also 
concerned about the exemption from the National Environmental 
Policy Act of 1989 (NEPA). There is no apparent rationale for 
such an exemption.


                              hard release


    Perhaps our greatest concern with this legislation regards 
what would happen to those BLM lands with wilderness character 
not designated as wilderness in this legislation. For the lands 
not designated as wilderness in this bill, the ``hard release'' 
provides would forever remove the protection now being provided 
to the wilderness study areas. Furthermore, under the terms of 
the bill, no additional public lands managed by BLM in the 
state, including future acquired lands, could be managed for 
their wilderness values. Instead, they could only be managed 
for ``nonwilderness multiple uses.'' The bill's language is 
very broad, and conceivably could prohibit any BLM management 
action or technique that had the incidental effect of 
protecting any characteristic or quality of an area that 
resembled designated wilderness. Such a total and permanent 
release of all lands not designate within this bill is 
unprecedented and inappropriate.
    More than 100 wilderness laws have been passed by Congress 
since the passage of the Wilderness Act in 1964. Although hard 
release language has been advocated by various industry groups 
in testimony on wilderness legislation for more than fifteen 
years, to date no law of which we are aware has included 
anything comparable to the hard release language of this bill.
    The precedent that would be established by hard release of 
lands with wilderness potential extends far beyond Utah. The 
majority of BLM lands with wilderness potential have yet to be 
considered by Congress. The elimination of wilderness 
consideration in future BLM land management plans throughout 
the West could have major impacts. Mandated ``nonwilderness 
multiple use'' on all of these lands could severely and 
inappropriately constrain future management options. Finally, 
the BLM is not alone in managing wilderness on the Federal 
lands. Land managers in other Federal and State land management 
agencies could also be affected if this precedent were to be 
followed.


                               conclusion


    BLM Utah has begun an evaluation of the several alternative 
wilderness proposals, including the recommendations of the Bush 
Administration. Initial review of these lands shows that many 
anticipated developments which led to the exclusion of some 
areas from previous recommendations have never come to pass. In 
addition, resource conditions on the ground have changed over 
the last 15 years, and some areas which might not have 
qualified then would qualify today. Previously, boundaries were 
drawn wherever possible to avoid inclusion of state lands, even 
where the logical boundary, based on topography, would have 
included them. Today, both the State and Federal governments 
agree that such exclusions are inappropriate.
    We feel it is important to deal with the situation as it 
exists today, and to understand whether wilderness values are 
present today, whatever management boundaries presently exist.
    These are world-class lands. They encompass the varied 
landscapes and vistas of the Great Basin, the Colorado Plateau, 
and the Mojave Desert. The ancient remains of prehistoric 
animals and peoples lie in this country. The spectacular 
plateaus, arches, bridges, slot canyons, mountain ranges and 
badlands are crossed by a thousand small waterways feeding into 
the mighty rivers of the Colorado, the Green, and the San Juan.
    Given the permanence of the decision, the limited degree of 
protection this bill would afford to some of America's greatest 
treasures, and the other problems we have identified, the 
Interior Department strongly opposes the legislation in its 
present form and Secretary Babbitt would recommend that the 
President veto this bill if both houses of Congress pass S. 884 
as currently written.
    We and our wilderness staff are prepared to sit down with 
you and your staff to review in detail the full range of 
management concerns raised by this legislation. We stand ready 
to work with you, Mr. Chairman, if you feel the possibility 
exists to craft legislation which accommodates the concerns we 
have expressed here today.
             MINORITY VIEWS OF SENATORS BUMPERS AND BRADLEY

    While we appreciate the efforts of the Utah Senators to 
craft a statewide Utah BLM wilderness bill, we cannot support 
the version reported from the Committee.
    The Committee reported bill would designate too little of 
Utah's spectacular landscape as wilderness. Of the almost 22 
million acres of BLM land in Utah, only about 1.8 million--less 
than 10 percent--would be designated as wilderness. While we 
believe more of these spectacular areas should be designated, 
we also believe that considerable deference should be given to 
the views of the two Senators from the affected State. If the 
issue was only the amount of acreage to be designated, we would 
probably not oppose S. 884. However, this bill includes many 
other unprecedented provisions which would significantly weaken 
the protections afforded by the Wilderness Act of 1964.
    For example, with respect to those lands that are included 
in the National Wilderness Preservation System, the bill 
includes provisions that allow unprecedented and almost 
unfettered motorized access to them, notwithstanding the fact 
that they are, in the words of the Wilderness Act, places 
``untrammeled by man * * * protected and managed so as to 
preserve [their] natural conditions * * *''. This access is 
granted to all areas covered by the bill rather than on an 
area-by-area basis as is usually the case.
    In addition, the bill includes language never before 
included in a wilderness bill enacted by the Congress, that 
would prohibit the land managing agency (in this case the BLM) 
from managing those lands not designated as wilderness by this 
Act in a manner that would protect their wilderness suitability 
and character. In other words, after this bill is enacted, all 
BLM lands in Utah not designated as wilderness in this bill 
will, by law, forever be managed for nonwilderness uses. We 
think this so-called ``hard release'' language is short sighted 
and not in the interest of future generations. Others on the 
Committee, on both sides of the aisle, share our view in this 
regard as evidenced by the fact that two amendments offered in 
Committee to revise this release language were narrowly 
defeated by votes of 10-10.
    Finally, the Committee reported bill includes a major land 
exchange involving almost a quarter of a million acres of State 
and federal land in Utah that is, in our view and the view of 
the Department of the Interior, weighted heavily in favor of 
the State to the detriment of the United States and the 
taxpayers. While some positive changes were made to the land 
exchange provisions in Committee, much remains to be done 
before the exchange is fair and mutually beneficial to both 
parties--a test the Committee and the Congress have 
consistently applied to other land exchanges.
    It is the cumulative effect of these deficiencies that 
leads us to reluctantly oppose this bill in its current form. 
Too little wilderness is designated; the wilderness that is 
designated is managed in a manner contrary to the Wilderness 
Act; and opportunities for future wilderness review and 
management for millions of acres of BLM lands non-designated as 
wilderness in this bill are effectively eliminated.
    We are hopeful that these shortcomings can be resolved on 
the Senate floor and that a Utah wilderness bill can be passed 
by the Congress and signed by the President.

                                                      Dale Bumpers.
                                                      Bill Bradley.
                       VIEWS OF SENATOR BINGAMAN

    Though I appreciate the efforts of the Utah Senators to 
craft a statewide Utah BLM wilderness bill, I cannot support 
the version reported from the Committee. This bill includes 
many unprecedented provisions which would significantly weaken 
the protections afforded by the Wilderness Act of 1964.
    For example, there are provisions in this bill that allow 
unprecedented and essentially unrestrained motorized access to 
those lands that are included in the National Wilderness 
Preservation System, even though in the words of the Wilderness 
Act, they are supposed to be places ``untrammeled by man * * * 
protected and managed so as to preserve [their] natural 
conditions * * *''. This access is granted to all areas covered 
by the bill rather than on an area-by-area basis as is usually 
the case.
    The bill also contains language that would prohibit the 
land managing agency (in this case the BLM) from managing those 
lands not designated as wilderness by this Act in a manner that 
would protect their wilderness suitability and character. Such 
language has never before been included in a wilderness bill 
enacted by the Congress. If enacted, this bill would affect all 
BLM lands in Utah not designated as wilderness, requiring by 
law that they be managed in perpetuity for non-wilderness uses. 
I find this so-called ``hard release'' language short-sighted 
and not in the interest of future generations.
    Finally, there is a major land exchange included in the 
Committee-reported bill involving nearly a quarter of a million 
acres of State and federal land in Utah. In my view and in the 
view of the Department of the Interior, the land exchange 
provision is weighted heavily in favor of the State to the 
detriment of the United States and the taxpayers. Some 
constructive changes were made to the land exchange provisions 
in Committee. Nevertheless, this bill does not quite meet the 
criteria the Committee and the Congress have consistently 
applied to other land exchanges--that it be fair and mutually 
beneficial to both parties.
    It is the cumulative effect of these deficiencies that lead 
me to reluctantly oppose this bill in its current form. I am 
hopeful that these shortcomings can be resolved on the Senate 
floor and that a Utah wilderness bill can be passed by the 
Congress and signed by the President.

                                                     Jeff Bingaman.
             MINORITY VIEWS OF SENATOR PAUL DAVID WELLSTONE

    While I would very much like to support the legislation 
from my friends, the Senators from Utah, I am concerned that it 
would set a number of dangerous precedents for public lands 
management.
    There are currently about 22 million acres of public land 
in Utah managed by the Bureau of Land Management. This bill 
designates 1.8 million acres as wilderness, releasing the rest 
of the acreage. The bill's provisions run contrary not only to 
what has become customary treatment of wilderness land but also 
the spirit of the 1964 Wilderness Act.
    The bill would allow many exceptions to the usual, careful 
treatment of wilderness. For instance, it would not allow 
Federal land managers to consider wilderness designation when 
granting permits on upstream lands for water projects. Thus, 
wilderness lands might be left without adequate water.
    Perhaps most disturbing is the hard release language of the 
bill, requiring most of the remaining acres to be released 
without even the possibility of wilderness protection. Section 
9(b) of the bill states, ``Such lands shall not be managed for 
the purpose of protecting their suitability for wilderness 
designation or their wilderness character and shall remain 
available for nonwilderness multiple uses, subject to the 
requirements of other federal laws.'' Such ``hard release'' 
language has never been included in a wilderness bill.
    I am a firm believer in the unspoken Senate rule that in 
land management cases standard practice should be to defer to 
the Senators from the affected state. However, in this case, I 
cannot support the Utah delegation's proposal. I hope it can be 
improved to the point where my support is possible.

                                                 Paul D. Wellstone.
                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 884 as 
reported.