[House Report 107-269]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-269

======================================================================



 
 DESIGNATING CERTAIN LANDS IN THE PILOT RANGE IN THE STATE OF UTAH AS 
                   WILDERNESS, AND FOR OTHER PURPOSES

                                _______
                                

November 5, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2488]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2488) to designate certain lands in the Pilot Range in 
the State of Utah as wilderness, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. DESIGNATION OF WILDERNESS.

  (a) Designation.--In furtherance of the purposes of the Wilderness 
Act (16 U.S.C. 1131 et seq.), certain Federal lands in Box Elder 
County, Utah, which comprise approximately 23,021 acres, as generally 
depicted on a map entitled ``Pilot Range Wilderness'' and dated October 
1, 2001, are hereby designated as wilderness and, therefore, as 
components of the National Wilderness Preservation System, and shall be 
known as the Pilot Range Wilderness.
  (b) Map and Description.--As soon as practicable after the date of 
the enactment of this Act, the Secretary of the Interior (in this Act 
referred to as the ``Secretary'') shall file a map and legal 
description of the Pilot Range Wilderness with the Committee on 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate. Such map and description shall 
have the same force and effect as if included in this Act, except that 
the Secretary may correct clerical and typographical errors in such map 
and legal description. The 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. 2. ADMINISTRATION OF PILOT RANGE WILDERNESS.

  (a) In General.--Subject to valid existing rights and this Act, the 
Pilot Range Wilderness shall be administered by the Secretary in 
accordance with the provisions of the Wilderness Act, except that any 
reference in such provisions to the effective date of the Wilderness 
Act (or any similar reference) shall be deemed to be a reference to the 
effective date of this Act.
  (b) Incorporation of Acquired Lands and Interests.--Any privately 
owned lands or interest in lands within or abutting the boundaries of 
the Pilot Range Wilderness that are acquired by the United States after 
the date of the enactment of this Act shall be added to and 
administered as part of the Pilot Range Wilderness.
  (c) State Fish and Wildlife.--As provided in section 4(d)(7) of the 
Wilderness Act, nothing in this Act shall be construed as affecting the 
jurisdiction or responsibilities of the State of Utah with respect to 
wildlife and fish on the public lands located in that State.
  (d) Acquisition of Lands and Interests.--The Secretary may offer to 
acquire from nongovernmental entities lands and interest in lands 
located within or abutting the Pilot Range Wilderness. Such lands may 
be acquired at fair market value under this subsection by exchange, 
donation, or purchase from willing sellers.
  (e) Wildlife Management.--In furtherance of the purposes and 
principles of the Wilderness Act, management activities to maintain or 
restore fish and wildlife populations and the habitats to support such 
populations may be carried out within the Pilot Range Wilderness where 
consistent with relevant wilderness management plans, in accordance 
with appropriate policies and guidelines such as those set forth in 
appendix B of the Report of the Committee on Interior and Insular 
Affairs to accompany H.R. 2570 of the One Hundred First Congress (H. 
Rept. 101-405).
  (f) National Defense Lands.--
          (1) Findings.--The Congress finds the following:
                  (A) The testing and development of military weapons 
                systems and the training of military forces are 
                critical to ensuring the national security of the 
                United States.
                  (B) The Utah Test and Training Range and Dugway 
                Proving Ground are unique and irreplaceable national 
                assets at the core of the Department of Defense's test 
                and training mission.
                  (C) The Pilot Range Wilderness is located near lands 
                withdrawn for military use and beneath special use 
                airspace critical to the support of military test and 
                training missions on the Utah Test and Training Range 
                and Dugway Proving Ground.
                  (D) Continued unrestricted access to the special use 
                airspace and lands which comprise the Utah Test and 
                Training Range and Dugway Proving Ground is a national 
                security priority and is not incompatible with the 
                protection and proper management of the natural, 
                environmental, cultural, and other resources of the 
                Federal lands designated as wilderness by this Act.
          (2) Overflights.--
                  (A) In general.--Nothing in this Act, the Wilderness 
                Act, or other land management laws generally applicable 
                to the Pilot Range Wilderness, shall restrict or 
                preclude low-level overflights, low-level military 
                overflights and operations of military aircraft, 
                helicopters, unmanned aerial military overflights or 
                military overflights and operations that can be seen or 
                heard within those areas. There shall be no 
                restrictions or preclusions to altitude or airspeed, 
                noise level, supersonic flight, route of flight, time 
                of flight, seasonal usage, or numbers of flights of any 
                military aircraft, helicopters, unmanned aerial 
                vehicles, missiles, aerospace vehicles, and other 
                military weapons systems over the Pilot Range 
                Wilderness. As used in this paragraph, the term ``low-
                level'' includes any flight down to and including 10 
                feet above ground level.
                  (B) Modification in use.--Nothing in this Act, the 
                Wilderness Act, or other land management laws generally 
                applicable to the Pilot Range Wilderness, shall 
                restrict or preclude the designation of new units of 
                special use airspace, the expansion of existing units 
                of special use airspace, or the use or establishment of 
                military training routes over the Pilot Range 
                Wilderness.
          (3) Memorandum of understanding.--
                  (A) In general.--Not later than 120 days after the 
                date of the enactment of this Act, the Secretary of the 
                Air Force and the Secretary shall enter into a formal 
                memorandum of understanding to establish the procedures 
                and guidelines for the use of the Pilot Range 
                Wilderness, including the following:
                          (i) Procedures and guidelines to ensure 
                        immediate access which may be necessary to 
                        respond to emergency situations, including the 
                        search, rescue, and recovery of personnel and 
                        the recovery and investigation of military 
                        aircraft or other weapons systems.
                          (ii) Procedures and guidelines to determine 
                        the control, restriction, or prohibition of 
                        public access when necessary for purposes of 
                        national security or public safety.
                          (iii) Procedures and guidelines to provide 
                        for the installation of temporary 
                        communications, instrumentation, or other 
                        equipment necessary for effective testing and 
                        training to meet military requirements.
                  (B) Interim operations.--Military operations in the 
                Dugway Proving Ground and in the Utah Test and Training 
                Range shall not be limited or restricted in any way 
                pending the completion of the memorandum of 
                understanding required by subparagraph (A).
  (g) Livestock.--Within the Pilot Range Wilderness, the grazing of 
livestock, where established prior to the date of the enactment of this 
Act, shall be permitted to continue subject to such reasonable 
regulations, policies, and practices as the Secretary deems necessary, 
as long as such regulations, policies, and practices fully conform with 
and implement the intent of Congress regarding grazing in such areas as 
such intent is expressed in the Wilderness Act, section 101(f) of 
Public Law 101-628, and House Report 101-405, Appendix A.
  (h) Water Rights.--Nothing in this Act, the Wilderness Act, or any 
action taken pursuant thereto shall constitute an express or implied 
reservation of surface or groundwater by any person, including the 
United States. Nothing in this Act affects any valid existing water 
rights in existence before the date of the enactment of this Act, 
including any water rights held by the United States. If the United 
States determines that additional water resources are needed for the 
purposes of this Act, the United States shall work with or through any 
agency that is eligible to hold in-stream flow water rights to acquire 
such rights in accordance with the water laws of the State of Utah.

SEC. 3. WILDERNESS RELEASE.

  Lands that are within the Pilot Range in Utah not designated as 
wilderness by this Act are no longer subject to the plan amendment 
process initiated by the Secretary and identified by the Federal 
Register Notice dated March 18, 1999, page 13499.

SEC. 4. ADJACENT MANAGEMENT.

  The Congress does not intend for the designation of the Pilot Range 
Wilderness to lead to the creation of protective perimeters or buffer 
zones around any such wilderness. The fact that nonwilderness 
activities or uses can be seen or heard within the Pilot Range 
Wilderness shall not, of itself, preclude such activities or uses up to 
the boundary of that wilderness.

SEC. 5. WITHDRAWAL.

  Subject to valid existing rights, the Federal lands within the Pilot 
Range Wilderness are hereby withdrawn from all forms of entry, 
appropriation, or disposal under the public land laws; and from 
location, entry, and patent under the United States mining laws; and 
from disposition under all laws pertaining to mineral and geothermal 
leasing, and mineral materials, and all amendments thereto.

                          purpose of the bill

    The purpose of H.R. 2488 is to designate certain lands in 
the Pilot Range in the State of Utah as wilderness, and for 
other purposes.

                  background and need for legislation

    The Pilot Mountain Range is located in the west desert of 
Box Elder County, Utah, on the boundary between Utah and 
Nevada, approximately 30 miles north of Wendover, Utah. The 
region is rich in history and includes sites where the famous 
Donner party discovered a life saving spring, and later 
continued their ill-fated passage to California. The base of 
the Pilot Range is 5,000 feet in elevation with mountain peaks 
reaching to over 8,000 feet. The range contains spectacular 
views, native springs, semi-arid vegetation, and various 
species of wildlife, including the endangered Lahotan Cutthroat 
trout. The rugged land also provides excellent opportunities 
for multiple recreational activities, especially horseback 
riding, mountain biking, and hiking.
    The Bureau of Land Management (BLM) did not designate lands 
in the Pilot Range as Wilderness Study Areas (WSAs) in a 1980 
wilderness inventory. A BLM re-inventory conducted in 1999 
using authority under section 202 of the Federal Lands Policy 
and Management Act during the Clinton Administration concluded 
that some lands in the area have wilderness characteristics 
worthy of federal designation.
    Adjacent to the proposed wilderness area is the U.S. Air 
Force's Utah Test and Training Range (UTTR), which is vital for 
training U.S. military pilots, and testing of various munitions 
and advanced terrain-following weapons systems. According to 
the Department of Defense, the UTTR is a unique and 
irreplaceable national asset vital to ensuring U.S. military 
readiness, and language in H.R. 2488 would ensure that existing 
military testing and training would not be incompatible with 
the new wilderness designation.

                            committee action

    H.R. 2488 was introduced on July 12, 2001, by Congressman 
James V. Hansen (R-UT) and referred to the Committee on 
Resources. On July 19, 2001, the bill was referred within the 
Committee to the Subcommittee on National Parks, Recreation, 
and Public Lands. On July 26, the Subcommittee held a hearing 
on the bill. On October 3, 2001, the Full Resources Committee 
met to consider the bill. The Subcommittee on National Parks, 
Recreation, and Public Lands was discharged from further 
consideration of the bill by unanimous consent. Congressman 
Hansen offered an amendment in the nature of a substitute that 
made four significant changes to the original text: (1) Reduced 
the affected acreage from 37,000 acres to 23,021 acres to 
accurately reflect changes made to the map depicting 
recommended wilderness in the Utah portion of the Pilot Range; 
(2) directed the Secretary of the Interior and the Secretary of 
the Air Force to enter into a Memorandum of Understanding to 
determine procedures regarding emergency rescues, restriction 
of public access for safety and national security purposes, and 
the temporary placement of communications equipment for 
military training and testing; (3) required the Federal 
government to be in compliance with Utah water law prior to 
accessing any unallocated water within the designated 
wilderness area; and (4) removed from further consideration 
those lands within the Pilot Range in Utah, not designated as 
wilderness by this Act, from the plan amendment process 
initiated by the Secretary and identified by the March 18, 
1999, Federal Register, page 13499. The amendment was adopted 
by voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by voice vote.

            committee oversight findings and recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   constitutional authority statement

    Article I, section 8 and Article IV, section 3, of the 
Constitution of the United States grants Congress the authority 
to enact this bill.

                    compliance with house rule xiii

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office 
(CBO), passage of H.R. 2488 could negatively impact federal 
receipts by withdrawing federal lands from revenue generating 
activities associated with mining and geothermal energy 
development. However, the CBO estimates that any such changes 
in federal receipts under this bill would be negligible.
    3. General Performance Goals and Objectives.--This bill 
does not authorize funding and therefore, clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 16, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2488, a bill to 
designate certain lands in the Pilot Range in the state of Utah 
as wilderness, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2488--A bill to designate certain lands in the Pilot Range in the 
        state of Utah as wilderness, and for other purposes

    CBO estimates that H.R. 2488 would have no significant 
impact on the federal budget. The bill could affect direct 
spending (including offsetting receipts); therefore, pay-as-
you-go procedures would apply, but we estimate that any such 
impacts would be negligible. H.R. 2488 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    H.R. 2488 would designate as wilderness approximately 
23,021 acres of federal lands located within Box Elder County, 
Utah, and administered by the Bureau of Land Management (BLM). 
Subject to valid existing rights, the bill would withdraw those 
lands from mining and from mineral and geothermal leasing and 
development, but specifies that grazing of livestock could 
continue where it is currently permitted. H.R. 2488 would 
direct the Secretary of the Interior to enter into a memorandum 
of understanding with the Secretary of the Air Force to ensure 
that management of the proposed wilderness area would not 
affect activities on nearby military lands.
    Based on information from BLM, CBO estimates that 
designating the proposed wilderness area would not 
significantly affect federal spending. Withdrawing lands within 
the area from mining and from mineral and geothermal leasing 
and development could result in forgone offsetting receipts 
from those lands if, under current law, the lands would 
generate receipts from those activities. According to BLM, 
however, those lands currently generate no significant receipts 
from such activities, and the agency does not expect them to 
generate significant receipts over the next 10 years. Hence, we 
estimate that any changes in federal receipts under H.R. 2488 
would be negligible.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

                preemption of state, local or tribal law

    This bill is not intended to preempt any State, local or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                                  
