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104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-396
_______________________________________________________________________


 
                UTAH PUBLIC LANDS MANAGEMENT ACT OF 1995

                                _______


 December 11, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTNG VIEWS

                        [To accompany H.R. 1745]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1745) to designate certain public lands 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 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 Widerness--
        Proposed'' and dated ________, 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 Wilderness--
        Proposed'' and dated ________, and which shall be known as the 
        San Rafael 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 Wilderness--Proposed'' and dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and dated ________, 
        and which shall be known as the North Escalante Canyons/The 
        Gulch Wilderness.
          (11) Certain lands in the Scorpion Wilderness Study Area 
        comprised of approximately 16,692 acres, as generally depicted 
        on a map entitled ``Scorpion Wilderness--Proposed'' and dated 
        ________, 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 
        Wilderness--Proposed'' and dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and dated 
        ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 
        Wilderness--Proposed'' and dated ________, 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 
        Wilderness--Proposed'' and dated ________, 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 Wilderness--Proposed'' and dated 
        ________, 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 Wilderness--Proposed'' and dated 
        ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 Wilderness--
        Proposed'' and dated ________, 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 
        Wilderness--Proposed'' and dated ________, 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 Wilderness--Proposed'' and 
        dated ________, 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 Wilderness--Proposed'' and dated 
        ________, 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 Wilderness--Proposed'' and 
        dated ________, and which shall be known as the Red Mountain 
        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 Wilderness--Proposed'' and dated 
        ________, 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 Wilderness--Proposed'' 
        and dated ________, and which shall be known as the Dirty Devil 
        Wilderness.
          (48) Certain lands in the Horseshoe Canyon South Wilderness 
        Study Area comprised of approximately 11,392 acres, as 
        generally depicted on a map entitled ``Horseshoe Canyon South 
        Wilderness--Proposed'' and dated ________, 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 Wilderness--Proposed'' and dated ________, 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 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 
Secrtary in according 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, phased out or rendered 
        economically infeasible 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, 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 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 by this Act, 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) that is maintained by an 
entity other than the United States may continue to be maintained and 
repaired by any such entity.
    (i) Access.--(1) Reasonable access shall be allowed to water 
diversion, carriage, storage and ancillary facilities in existence as 
of the date of enactment of this Act which are within areas designated 
as wilderness by this Act, including motorized access where necessary 
or customarily or historically employed on existing routes. The 
diversion, carriage and storage capacity as of such date of such 
existing water facilities, and the condition of existing access routes 
as of such date, may be operated, maintained, repaired, modified, and 
replaced as necessary to maintain serviceable conditions.
    (2) Reasonable access shall be allowed to any non-Federal lands 
that may remain within the areas designated as wilderness by this Act 
and to valid existing rights on Federal lands, including (but not 
limited to) existing water diversion, carriage, storage and ancillary 
facilities and livestock grazing improvements and structures.
    (3) Facilities, structures and related access routes existing as of 
the date of enactment of this Act in areas designated as wilderness by 
this Act may be operated, maintained, repaired and replaced as 
necessary to maintain serviceable conditions.
    (4) For the purposes of this subsection, reasonable access includes 
motorized access where necessary and customarily or historically 
employed on routes in existence as of the date of enactment of this Act 
and where necessary to meet the reasonable purposes for development and 
use of in-held lands or valid existing rights.
    (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.

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 irrigation, pumping and transmission facilities and municipal, 
agricultural, livestock, or wildlife water facilities in existence 
within the boundaries of areas designated as wilderness by this Act, 
nor shall anything in this Act be construed to limit operation, 
maintenance, repair, modification, or replacement of such existing 
facilities, as provided in section 3(i).
    (e) Water Resource Projects.--Nothing in this 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 for development and 
operation of water resource projects, including (but not limited to) 
reservoir projects, which are located outside and upstream of areas 
designated as wilderness by this Act.

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) Low-Level Overflights Not Precluded.--Nothing in this Act shall 
be construed to restrict or preclude low-level overflights over the 
areas designated as wilderness by this Act, including military 
overflights that can be seen or heard within such areas. Nothing in 
this Act shall be construed to restrict or preclude the designation of 
new units of special airspace or the establishment of military flight 
training routes over such areas, except that any such new unit of 
special airspace or military flight training route may be designated 
only after an opportunity for local public review and comment and after 
consultation with affected county commissioners.
    (b) Communications or Tracking Systems.--Nothing in this Act shall 
be construed to require the removal of existing communication or 
electronic tracking systems from areas designated as wilderness by this 
Act or to prevent the installation of portable electronic communication 
or tracking systems in support of military flights 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 (but not limited to) 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. Such projects and facilities shall be 
permitted according to appropriate laws and regulations including (but 
not limited to) the Clean Air Act.

SEC. 9. DISCLAIMERS.

    Nothing in this Act shall be construed--
          (1) to prohibit the establishment and maintenance of 
        reservoirs, water-conservation works, transmission lines, 
        pipelines, and other facilities needed in the public interest, 
        including the road construction and maintenance essential to 
        development and use thereof in--
                  (A) Cougar Canyon Wilderness designated by section 
                2(a)(44);
                  (B) Red Mountain Wilderness designated by section 
                2(a)(45);
                  (C) Parunuweap Canyon Wilderness designated by 
                section 2(a)(27);
                  (D) Canaan Mountain Wilderness designated by section 
                2(a)(28);
                  (E) Coal/Spruce Canyon Wilderness designated by 
                section 2(a)(21); and
                  (F) Flume Canyon Wilderness designated by section 
                2(a)(22);
          (2) to prevent the maintenance, repair, or expansion of 
        communication sites and facilities needed in the public 
        interest or to require removal of existing communications sites 
        and facilities needed in the public interest in--
                  (A) Swasey Mountain Wilderness designated by section 
                2(a)(26);
                  (B) Fifty Mile Mountain Wilderness designated by 
                section 2(a)(31);
                  (C) Mt. Ellen Wilderness designated by section 
                2(a)(12); and
                  (D) Deep Creek Mountains Wilderness designated by 
                section 2(a)(42);
          (3) 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; and
          (4) to prevent the use of any mechanically propelled water 
        craft on waters that lie within or adjacent to an area 
        designated as wilderness by this Act where such use was 
        established before the date of the enactment of this Act.

SEC. 10. 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). Such 
lands shall not be managed for the purpose of protecting 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. 11. 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;
          (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; and
          (4) the value of the Federal lands described in subsection 
        (c)(2), adjusted to reflect the right of the State of Utah to 
        share in revenue from such lands, are of approximate equivalent 
        value to such school and institutional trust lands.
    (b) Exchange.--If, not later than two 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 transfer 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, if necessary, lands identified pursuant to 
subsection (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 revenue from the production of 
minerals 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 ``Utah School Lands'' on the map 
        entitled ``In-Held School Trust Land Exchange--Proposed'' and 
        dated --------------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) Additional Available Federal Lands To Remedy Imbalances Due to 
Encumbrances.--
          (1) List of encumbrances.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall prepare 
        a list of all encumbrances of record (in the records of the 
        Bureau of Land Management or otherwise known to the Bureau of 
        Land Management) of the Federal land described in subsection 
        (c)(2) and transmit the list to the State of Utah. Likewise, 
        the State shall prepare a list of all encumbrances of record or 
        otherwise known to the State to the State lands described in 
        subsection (c)(1) and transmit the list to the Secretary.
          (2) Remedy.--In the event that the encumbrances identified 
        pursuant to paragraph (1) result in an imbalance in the 
        exchange under this section such that the value of the lands 
        transferred by the State is greater than the value of the 
        Federal lands received, the Secretary shall transfer to the 
        State such additional Federal lands as may be necessary to 
        remedy the imbalance.
    (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 description 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 description 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, 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 related to federal lands.--(A) The enactment 
        of this section 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 lands 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).
    (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. 12. LAND APPRAISAL.

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

                          PURPOSE OF THE BILL

    The purposes of H.R. 1745 are to designate certain public 
lands in the State of Utah as wilderness, and to release 
undesignated lands for multiple use purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

History of Utah BLM wilderness

    In 1978, the Utah State Office of the Bureau of Land 
Management (BLM) began an exhaustive process to develop a Utah 
BLM wilderness proposal under the Wilderness Act of 1964 in 
compliance with section 603 of the Federal Land Policy and 
Management Act of 1976. The initial inventory for most BLM 
managed lands began in 1979, but accelerated inventories for 
some areas (such as the overthrust belt area and lands affected 
by the Intermountain Power Plant proposal) had began earlier. 
This was no small task, since more than 22 million acres of 
Utah land managed by BLM were available for the study.
    BLM employees scrutinized over 40 percent of Utah's total 
land mass to assess each acre's eligibility for wilderness 
designation. It was determined that approximately 5.4 million 
acres might have wilderness character, and these areas were 
reviewed in greater depth in an intensive inventory.
    By November 1980, BLM had identified approximately 2.6 
million acres as having wilderness character and these acres 
were designated as wilderness study areas (WSAs). This acreage 
includes eight Instant Study Areas, which are areas previously 
classified as natural or primitive. In 1981, environmental 
groups appealed to the Department of the Interior Board of Land 
Appeals (IBLA) the BLM's decision not to identify approximately 
925,000 additional acres as WSAs. IBLA remanded approximately 
700,000 acres back to BLM for reconsideration. BLM conducted 
additional field work on those areas and added about 525,000 
acres to WSA status. Those acres appealed but not identified as 
WSAs were again appealed by the same environmental groups. As a 
result of this second appeal, an additional 77,000 acres were 
added to WSA status. A subsequent appeal was rejected by IBLA.
    During the inventory, BLM considered 14 areas that did not 
meet the 5,000 acre size criterion, but were adjacent to 
National Park Service or National Forest-proposed wilderness 
areas. By decision of the Secretary of the Interior, ten of 
these areas were subsequently deleted from the study. In April 
1985, the United States District Court for the Eastern District 
of California issued a decision (Sierra Club v. Watt, 608 F. 
Supp. 305 (E.D.Cal. 1985)) to return to wilderness study status 
those areas less than 5,000 acres that are contiguous to 
potential wilderness areas of other agencies. Ten areas in 
Utah, totaling about 18,500 acres, were reinstated as WSAs. One 
of these WSAs (Big Hollow) subsequently failed to qualify when 
it was no longer contiguous to the boundary of the designated 
National Forest Deseret Peak Wilderness, and it was formally 
dropped as a WSA as indicated in a Federal Register notice of 
December 18, 1987. Approximately 8,000 acres of split estate 
(Federal subsurface and State surface) in four WSAs were also 
reinstated as a result of the decision.
    The resolution of challenges and appeals was part of the 
process that resulted in the boundaries and acreage of the 
WSAs. Ninety-five WSAs were identified which included 
approximately 3.2 million acres. In 1993, Scott's Basin WSA, 
involving about 6,900 acres in the Deep Creek Mountains, became 
the 96th WSA.
    Eighty-three of the study areas (including 5,400 acres in 
Nevada) were analyzed in the Utah BLM Statewide Wilderness 
Environmental Impact Statement (EIS). In addition, 
approximately 24,000 acres in seven WSAs in Utah were studied 
by the BLM in Nevada and Colorado in a total of four additional 
EISs. Five of the Instant Study Areas (about 3,000 acres) were 
independently studied in 1980 and 1981. The Utah Statewide 
Draft EIS was made available for public review and comment in 
1986. Seventeen public hearings were held. The Draft EIS 
generated about 4,500 responses with over 6,000 signatures. The 
study involved all resource values within the WSAs, not just 
wilderness values. Considerations included present and 
projected future uses of the areas, the manageability of the 
areas as wilderness, mineral surveys prepared by the U.S. 
Geological Survey and Bureau of Mines, and public input.
    In October 1991, then Secretary of the Interior Manuel 
Lujan, Jr. reported the results of BLM's wilderness review. The 
Department of the Interior's 1991 recommendation was that 
approximately 1.9 million acres within 69 WSAs be designated as 
part of the National Wilderness Preservation System and that 
approximately 1.3 million acres within 63 WSAs be released from 
wilderness study. In this recommendation, Secretary Lujan 
changed BLM's original recommendation for Turtle Canyon from 
suitable to non-suitable. A subsequent lawsuit (Colorado 
Environmental Coalition, et al. v. Babbitt, Civil No. 91-S-1815 
(D. Colorado)) was filed, resulting in Department of the 
Interior taking a new look at Turtle Canyon (as well as other 
areas named in the lawsuit) plus evaluating all BLM candidate 
wilderness areas at the time that designation bills are taken 
up by Congress.
    A total of $10,052,733 has been directly expended on the 
Wilderness Program in Utah between 1978 and 1992, and 
approximately 2,777 work months have been officially charged to 
the Wilderness Program during the same period.

Utah BLM wilderness legislative history

    The first Utah BLM wilderness bills were introduced in the 
101st Congress. In 1989, Congressman Jim Hansen (R-UT) 
introduced H.R. 1501, which designated 1.4 million acres of 
Utah BLM land as wilderness. H.R. 1501 represented the 
``Paramount Plan'' which was the portion of the 1.9 million 
acres recommended by BLM for wilderness designation that had 
the most significant wilderness values. Also in the 101st 
Congress, Congressman Wayne Owens (D-UT) introduced H.R. 1500, 
which contained approximately 5.4 million acres of wilderness.
    In the 102nd Congress Congressman Hansen reintroduced his 
bill as H.R. 1508 and Congressman Owens again introduced H.R. 
1500.
    The only Utah wilderness bill introduced during the 103rd 
Congress was H.R. 1500 by Congressman Maurice Hinchey (D-NY). 
This bill designated all the acreage in Congress Owens 
wilderness bill plus an additional 300,000 acres, for a total 
of 5.7 million acres.

Development of H.R. 1745 in the 104th Congress

    H.R. 1745 is the result of a process set up by the Utah 
Congressional delegation and the Governor of Utah to obtain as 
much local level input as possible on the BLM wilderness issue. 
In January of 1995, the Utah delegation requested the affected 
County Commissioners to study the proposed wilderness areas 
within their counties and make recommendations to the 
delegation and the Governor.
    The Counties spent thousands of hours studying their 
jurisdictions, where over 45 public meetings were held 
throughout the State of Utah. The Counties then reported their 
findings in five regional meetings to the delegation and the 
Governor. The Counties recommended 1.0 million acres and strong 
language protecting a variety of existing uses and water 
rights. After all was done, testimony from over 600 individuals 
was heard by the Utah delegation and Governor, the delegation 
received petitions signed by over 16,700 people, and letters 
from over 2,300 people were considered. The delegation and the 
Governor then began a six-week process where the information 
received was analyzed, ground checked, and formulated into what 
is now H.R. 1745.
    H.R. 1745 would designate 1.8 million acres of wilderness. 
This proposal takes into consideration the County 
recommendations, the BLM recommendation of 1.9 million acres 
and some of the environmental community's recommendations.

                            committee action

    H.R. 1745 was introduced on June 6, 1995, by Congressman 
James V. Hansen. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Forests and Lands. On the following dates, the 
Subcommittee on National Parks, Forests and Lands. On the 
following dates, the Subcommittee held hearings on H.R. 1745: 
June 23, 1995, in Cedar City, Utah; June 24, 1995, in Salt Lake 
City, Utah; and June 29, 1995, in Washington, D.C., where the 
Subcommittee received testimony from numerous interests. The 
Administration declined to testify at the field hearings in 
Utah but did testify in opposition to H.R. 1745 in Washington.
    On July 18, 1995, the Subcommittee met to mark up H.R. 
1745. An amendment in the nature of a substitute was offered by 
Mr. Hansen. The amendment made several changes throughout H.R. 
1745. In section 2, the amendment made acreage changes in 
paragraphs 3, 21, 22, 28, 33, 38, and 44. These are relatively 
small adjustments that reflect actual changes made on the 
relevant maps or are calculation corrections. In section 3, the 
amendment inserted language that requires that all valid 
existing rights recognized by the bill are determined under 
section 202 of the Federal Land Policy Management Act or the 
resource management plan process; required the Secretary of the 
Interior to prepare management plans within five years; added 
that wilderness shall not be used as a suitability criteria for 
managing any grazing allotments; added a 30 foot set-off for 
all other unimproved roads as taken from the BLM management 
handbook; clarified the definition of a cherry-stemmed road and 
requires written permission from the State or local government 
before a road could be closed; and deleted paragraph h(2). In 
section 5, the amendment added protection of ``archaeological'' 
resources and clarified that only the Secretary of the Interior 
is responsible for the protection and interpretation of these 
resources and that the Secretary may use mechanical means or 
permanent structures to accomplish those mandates. In section 
8, the amendment made technical changes referencing 
``facilities'' rather than ``plant''. In section 9, the 
amendment added ``pipelines'' to list of activities not 
affected by H.R. 1745; added new subparagraphs (E) and (F); 
deleted paragraph (3); and amended paragraph (5) to only 
include motorized water craft where previously established. In 
section 11, the amendment adjusted acreage to accurate amounts 
and changed hazardous materials language to require a physical 
inspection. Finally, the amendment added a new section 12 that 
prohibits an appraisal from considering the presence of a 
threatened or endangered species.
    Mr. Hinchey offered a substitute amendment that would have 
struck the Hansen amendment and inserted the text of H.R. 1500; 
the amendment failed on voice vote. Mr. Hinchey then offered an 
amendment which would have added 363,373 acres to the 
wilderness designation in H.R. 1745. The amendment failed on a 
rollcall vote of 6-11, as follows:

Recorded votes

    Date: July 17, 1995.
    Bill Number(s): H.R. 1745.
    Amendment Number: No. 17.
    Offered by: Mr. Hinchey of New York.

----------------------------------------------------------------------------------------------------------------
            Members                 Yea       Nay     Present        Members          Yea       Nay     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Hansen, Chairman...........  ........        X   .........  Mr. Richardson...  ........  ........  .........
Mr. Duncan.....................  ........        X   .........  Mr. Rahall.......  ........  ........  .........
Mr. Hefley.....................  ........        X   .........  Mr. Vento........        X   ........  .........
Mr. Doolittle..................  ........        X   .........  Mr. Kildee.......        X   ........  .........
Mr. Allard.....................  ........        X   .........  Mr. Williams.....        X   ........  .........
Mr. Pombo......................  ........  ........  .........  Mr. Faleomavaega.  ........  ........  .........
Mr. Torkildsen.................  ........  ........  .........  Mr. Studds.......  ........  ........  .........
Mr. Hayworth...................  ........        X   .........  Mr. Pallone......        X   ........  .........
Mrs. Cubin.....................  ........        X   .........  Mr. Romero-              X   ........  .........
                                                                 Barcelo.                                       
Mr. Cooley.....................  ........        X   .........  Mr. Hinchey......        X   ........  .........
Mrs. Chenoweth.................  ........        X   .........  Mr. Underwood....  ........  ........  .........
Mrs. Smith.....................  ........  ........  .........                                                  
Mr. Radanovich.................  ........        X                                                              
Mr. Shadegg....................  ........  ........  .........                                                  
Mr. Ensign.....................  ........        X   .........                                                  
----------------------------------------------------------------------------------------------------------------

    Mr. Hinchey offered an amendment to make discretionary the 
authority of the Secretary of the Interior to offer to acquire 
lands adjacent to or in wilderness areas from nongovernmental 
entities. The amendment was adopted by voice vote. Mr. Hinchey 
next offered an amendment to section 11 which would have 
required detailed appraisals of those lands involved in the 
school trust land exchange; the amendment failed on a rollcall 
vote of 5-12, as follows:

Recorded Votes

    Date: July 17, 1995.
    Bill Number(s): H.R. 1745.
    Amendment Number: No. 19.
    Offered by: Mr. Hinchey of New York.

----------------------------------------------------------------------------------------------------------------
            Members                 Yea       Nay     Present        Members          Yea       Nay     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Hansen, Chairman...........  ........        X   .........  Mr. Richardson...  ........  ........  .........
Mr. Duncan.....................  ........        X   .........  Mr. Rahall.......  ........  ........  .........
Mr. Hefley.....................  ........        X   .........  Mr. Vento........        X   ........  .........
Mr. Doolittle..................  ........        X   .........  Mr. Kildee.......        X   ........  .........
Mr. Allard.....................  ........        X   .........  Mr. Williams.....        X   ........  .........
Mr. Pombo......................  ........  ........  .........  Mr. Faleomavaega.  ........  ........  .........
Mr. Torkildsen.................  ........        X   .........  Mr. Studds.......  ........  ........  .........
Mr. Hayworth...................  ........        X   .........  Mr. Pallone......  ........  ........  .........
Mrs. Cubin.....................  ........        X   .........  Mr. Romero-              X   ........  .........
                                                                 Barcelo.                                       
Mr. Cooley.....................  ........        X   .........  Mr. Hinchey......        X   ........  .........
Mrs. Chenoweth.................  ........        X   .........  Mr. Underwood....  ........  ........  .........
Mrs. Smith.....................  ........  ........  .........                                                  
Mr. Radanovich.................  ........        X   .........                                                  
Mr. Shadegg....................  ........  ........  .........                                                  
Mr. Ensign.....................  ........        X   .........                                                  
----------------------------------------------------------------------------------------------------------------

    Mr. Hinchey next offered an amendment to strike section 9 
of the Hansen amendment dealing with valid existing rights; the 
amendment failed by voice vote. Mr. Hinchey then offered an 
amendment to change the name of the bill; the amendment failed 
on a voice vote. Mr. Hinchey next offered an amendment to 
create a Federal reserved water right for wilderness areas. 
This amendment failed by voice vote. Lastly, Mr. Hinchey 
offered an amendment to strike the existing language on grazing 
and to insert new language. This amendment also failed by voice 
vote.
    The Hansen amendment in the nature of a substitute, as 
amended, was adopted by voice vote. The bill was then ordered 
favorably reported by voice vote to the Full Committee in the 
presence of a quorum.
    On August 2, 1995, the Full Resources Committee met to 
consider H.R. 1745 as reported by the Subcommittee. Mr. Hinchey 
offered an amendment to clarify road setbacks. The amendment 
was adopted by voice vote. Mr. Hinchey offered an amendment 
amending section 9 of the bill regarding motorboat use in 
wilderness areas. This amendment failed on a voice vote. Mr. 
Miller of California offered an amendment requiring the school 
trust land exchange to be conducted under section 206 of FLPMA 
(this amendment was identical to that offered by Mr. Hinchey 
during the Subcommittee consideration of H.R. 1745); the 
amendment failed on a rollcall vote of 17-22, as follows:

Recorded votes

    Date: August 2, 1995.
    Roll No. 1.
    Bill No.: H.R. 1745.
    Short Title: Utah Public Lands Management Act.
    Amendment or matter voted on: Miller No. 19.

----------------------------------------------------------------------------------------------------------------
            Members                Yeas      Nays     Present        Members         Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)...........  ........  ........  .........  Mr. Miller.......        X   ........  .........
Mr. Hansen.....................  ........        X   .........  Mr. Rahall.......        X   ........  .........
Mr. Saxton.....................  ........        X   .........  Mr. Vento........  ........  ........  .........
Mr. Gallegly...................  ........        X   .........  Mr. Kildee.......        X   ........  .........
Mr. Duncan.....................  ........        X   .........  Mr. Williams.....        X   ........  .........
Mr. Hefley.....................  ........        X   .........  Mr. Gejdenson....        X   ........  .........
Mr. Doolittle..................  ........        X   .........  Mr. Richardson...        X   ........  .........
Mr. Allard.....................  ........        X   .........  Mr. DeFazio......        X   ........  .........
Mr. Gilchrest..................  ........        X   .........  Mr. Faleomavaega.  ........  ........  .........
Mr. Calvert....................  ........        X   .........  Mr. Johnson......  ........  ........  .........
Mr. Pombo......................  ........        X   .........  Mr. Abercrombie..        X   ........  .........
Mr. Torkildsen.................  ........  ........  .........  Mr. Studds.......        X   ........  .........
Mr. Hayworth...................  ........        X   .........  Mr. Tauzin.......  ........  ........  .........
Mr. Cremeans...................  ........        X   .........  Mr. Ortiz........        X   ........  .........
Mrs. Cubin.....................  ........        X   .........  Mr. Picket.......        X   ........  .........
Mr. Cooley.....................  ........        X   .........  Mr. Pallone......        X   ........  .........
Mrs. Chenoweth.................  ........        X   .........  Mr. Dooley.......        X   ........  .........
Mrs. Smith.....................  ........        X   .........  Mr. Romero-              X   ........  .........
                                                                 Barcelo.                                       
Mr. Radanovich.................  ........        X   .........  Mr. Hinchey......        X   ........  .........
Mr. Jones......................  ........        X   .........  Mr. Underwood....        X   ........  .........
Mr. Thornberry.................  ........        X   .........  Mr. Farr.........        X   ........  .........
Mr. Hastings...................  ........        X   .........                                                  
Mr. Metcaf.....................  ........  ........  .........                                                  
Mr. Longley....................  ........        X   .........                                                  
Mr. Shadegg....................  ........  ........  .........                                                  
Mr. Ensign.....................  ........        X   .........                                                  
----------------------------------------------------------------------------------------------------------------

    Mr. Hansen then offered an amendment to section 9 regarding 
mechanically propelled water craft to reflect language in the 
Wilderness Act of 1964; the amendment was adopted by voice 
vote. Mr. Hansen then offered amendments en bloc to section 11 
clarifying the right of the State of Utah to receive 50 percent 
of the leased mineral revenues from Federal lands acquired by 
the Utah School Trust. It was adopted by voice vote.
    Mr. Hinchey next offered an amendment to section 5 dealing 
with the protection of cultural, archaeological and 
paleontological resources. The amendment deleted provisions 
that would have directed the Secretary of the Interior to 
protect and interpret these resources through mechanical means 
and permanent improvements. ``Mechanical means'' is defined as 
fencing, rerouting of trails, policing or other activities 
necessary to protect these resources. ``Permanent 
improvements'' is defined as signing or labeling necessary to 
provide sufficient interpretation for the protection of these 
resources. Mr. Hinchey amended his amendment by unanimous 
consent to delete the phrase ``(including use of permanent 
improvements)''. The Hinchey amendment, as amended, failed on a 
rollcall vote of 8-28-1, as follows:

Recorded votes

    Date: August 2, 1995
    Roll No. 2.
    Bill No.: H.R. 1745.
    Short Title: Utah Public Lands Management Act.
    Amendment or matter voted on: Hinchey No. 13 as amended.

----------------------------------------------------------------------------------------------------------------
            Members                Yeas      Nays     Present        Members         Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)...........  ........        X   .........  Mr. Miller.......  ........  ........  .........
Mr. Hansen.....................  ........        X   .........  Mr. Rahall.......        X   ........  .........
Mr. Saxton.....................  ........        X   .........  Mr. Vento........  ........  ........  .........
Mr. Gallegly...................  ........  ........  .........  Mr. Kildee.......  ........        X   .........
Mr. Duncan.....................  ........  ........  .........  Mr. Williams.....  ........        X   .........
Mr. Hefley.....................  ........        X   .........  Mr. Gejdenson....  ........        X   .........
Mr. Doolittle..................  ........        X   .........  Mr. Richardson...        X   ........  .........
Mr. Allard.....................  ........        X   .........  Mr. DeFazio......        X   ........  .........
Mr. Gilchrest..................  ........        X   .........  Mr. Faleomavaega.  ........  ........  .........
Mr. Calvert....................  ........        X   .........  Mr. Johnson......  ........  ........  .........
Mr. Pombo......................  ........        X   .........  Mr. Abercrombie..  ........        X   .........
Mr. Torkildsen.................  ........        X   .........  Mr. Studds.......        X   ........  .........
Mr. Hayworth...................  ........        X   .........  Mr. Tauzin.......  ........  ........  .........
Mr. Cremeans...................  ........        X   .........  Mr. Ortiz........  ........        X   .........
Mrs. Cubin.....................  ........        X   .........  Mr. Pickett......  ........        X   .........
Mr. Cooley.....................  ........        X   .........  Mr. Pallone......        X   ........  .........
Mrs. Chenoweth.................  ........        X   .........  Mr. Dooley.......  ........        X   .........
Mrs. Smith.....................  ........        X   .........  Mr. Romero-        ........  ........         X 
                                                                 Barcelo.                                       
Mr. Radanovich.................  ........        X   .........  Mr. Hinchey......        X   ........  .........
Mr. Jones......................  ........        X   .........  Mr. Underwood....        X   ........  .........
Mr. Thornberry.................  ........        X   .........  Mr. Farr.........        X   ........  .........
Mr. Hastings...................  ........        X   .........                                                  
Mr. Metcalf....................  ........  ........  .........                                                  
Mr. Longley....................  ........        X   .........                                                  
Mr. Shadegg....................  ........  ........  .........                                                  
Mr. Ensign.....................  ........        X   .........                                                  
----------------------------------------------------------------------------------------------------------------

    Mr. Williams offered an amendment rewriting the wilderness 
release language in section 10 of the bill. The amendment was 
defeated on a rollcall vote of 7-21, as follows:

Recorded Votes

    Date: August 2, 1995.
    Roll No. 3.
    Bill No.: H.R. 1745.
    Short Title: Utah Public Lands Management Act.
    Amendment or matter voted on: Williams No. 16.

----------------------------------------------------------------------------------------------------------------
            Members                Yeas      Nays     Present        Members         Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)...........  ........  ........  .........  Mr. Miller.......  ........  ........  .........
Mr. Hansen.....................  ........        X   .........  Mr. Rahall.......  ........  ........  .........
Mr. Saxton.....................  ........        X   .........  Mr. Vento........  ........  ........  .........
Mr. Gallegly...................  ........  ........  .........  Mr. Kildee.......        X   ........  .........
Mr. Duncan.....................  ........  ........  .........  Mr. Williams.....        X   ........  .........
Mr. Hefley.....................  ........  ........  .........  Mr. Gejdenson....        X   ........  .........
Mr. Doolittle..................  ........        X   .........  Mr. Richardson...  ........  ........  .........
Mr. Allard.....................  ........        X   .........  Mr. DeFazio......        X   ........  .........
Mr. Gilchrest..................  ........  ........  .........  Mr. Faleomavaega.  ........  ........  .........
Mr. Calvert....................  ........        X   .........  Mr. Johnson......  ........  ........  .........
Mr. Pombo......................  ........        X   .........  Mr. Abercrombie..  ........  ........  .........
Mr. Torkildsen.................  ........  ........  .........  Mr. Studds.......        X   ........  .........
Mr. Hayworth...................  ........        X   .........  Mr. Tauzin.......  ........  ........  .........
Mr. Cremeans...................  ........        X   .........  Mr. Ortiz........  ........  ........  .........
Mrs. Cubin.....................  ........        X   .........  Mr. Pickett......  ........        X   .........
Mr. Cooley.....................  ........        X   .........  Mr. Pallone......        X   ........  .........
Mrs. Chenoweth.................  ........        X   .........  Mr. Dooley.......  ........        X   .........
Mrs. Smith.....................  ........        X   .........  Mr. Romero-        ........  ........  .........
                                                                 Barcelo.                                       
Mr. Radanovich.................  ........  ........  .........  Mr. Hinchey......        X   ........  .........
Mr. Jones......................  ........        X   .........  Mr. Underwood....  ........  ........  .........
Mr. Thornberry.................  ........        X   .........  Mr. Farr.........  ........  ........  .........
Mr. Hastings...................  ........        X   .........                                                  
Mr. Metcalf....................  ........        X   .........                                                  
Mr. Longley....................  ........        X   .........                                                  
Mr. Shadegg....................  ........        X   .........                                                  
Mr. Ensign.....................  ........        X   .........                                                  
----------------------------------------------------------------------------------------------------------------

    Mr. Hinchey then offered an amendment to section 7 to 
require that prior to the establishment of new special airspace 
or training routes, that there be an opportunity for local 
public review and comment and after consultation with the 
affected County Commissioners. The amendment passed by voice 
vote after clarification that the military already abided by 
this requirement as a matter of practice.
    The final amendment offered by Mr. Hinchey was an amendment 
in the nature of a substitute comprised of the text of H.R. 
1500. The amendment failed on a rollcall vote of 9-21, as 
follows:

Recorded votes

    Date: August 2, 1995.
    Roll No. 4.
    Bill No.: H.R. 1745.
    Short Title: Utah Public Lands Management Act.
    Amendment or matter voted on: Hinchey No. 1.

----------------------------------------------------------------------------------------------------------------
            Members                Yeas      Nays     Present        Members         Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)...........  ........  ........  .........  Mr. Miller.......  ........  ........  .........
Mr. Hansen.....................  ........        X   .........  Mr. Rahall.......  ........  ........  .........
Mr. Saxton.....................  ........        X   .........  Mr. Vento........  ........  ........  .........
Mr. Gallegly...................  ........        X   .........  Mr. Kildee.......        X   ........  .........
Mr. Duncan.....................  ........  ........  .........  Mr. Williams.....        X   ........  .........
Mr. Hefley.....................  ........  ........  .........  Mr. Gejdenson....        X   ........  .........
Mr. Doolittle..................  ........        X   .........  Mr. Richardson...  ........  ........  .........
Mr. Allard.....................  ........        X   .........  Mr. DeFazio......        X   ........  .........
Mr. Gilchrest..................  ........  ........  .........  Mr. Faleomavaega.  ........  ........  .........
Mr. Calvert....................  ........        X   .........  Mr. Johnson......  ........  ........  .........
Mr. Pombo......................  ........        X   .........  Mr. Abercrombie..        X   ........  .........
Mr. Torkildsen.................  ........  ........  .........  Mr. Studds.......        X   ........  .........
Mr. Hayworth...................  ........        X   .........  Mr. Tauzin.......  ........  ........  .........
Mr. Cremeans...................  ........        X   .........  Mr. Ortiz........  ........  ........  .........
Mrs. Cubin.....................  ........        X   .........  Mr. Pickett......  ........        X   .........
Mr. Cooley.....................  ........        X   .........  Mr. Pallone......        X   ........  .........
Mrs. Chenoweth.................  ........        X   .........  Mr. Dooley.......  ........        X   .........
Mrs. Smith.....................  ........        X   .........  Mr. Romero-        ........  ........  .........
                                                                 Barcelo.                                       
Mr. Radanovich.................  ........  ........  .........  Mr. Hinchey......        X   ........  .........
Mr. Jones......................  ........        X   .........  Mr. Underwood....        X   ........  .........
Mr. Thornberry.................  ........        X   .........  Mr. Farr.........  ........  ........  .........
Mr. Hastings...................  ........        X   .........                                                  
Mr. Metcalf....................  ........  ........  .........                                                  
Mr. Longley....................  ........        X   .........                                                  
Mr. Shadegg....................  ........        X   .........                                                  
Mr. Ensign.....................  ........        X   .........                                                  
----------------------------------------------------------------------------------------------------------------

    H.R. 1745, as amended, was then ordered favorably reported 
to the House of Representatives, in the presence of a quorum, 
by a rollcall vote of 23-8, as follows:

Recorded votes

    Date: August 2, 1995.
    Roll No. 5.
    Bill No.: H.R. 1745.
    Amendment or matter voted on: Final Passage.

----------------------------------------------------------------------------------------------------------------
            Members                Yeas      Nays     Present        Members         Yeas      Nays     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)...........  ........  ........  .........  Mr. Miller.......  ........  ........  .........
Mr. Hansen.....................        X   ........  .........  Mr. Rahall.......  ........  ........  .........
Mr. Saxton.....................        X   ........  .........  Mr. Vento........  ........  ........  .........
Mr. Gallegly...................        X   ........  .........  Mr. Kildee.......  ........        X   .........
Mr. Duncan.....................  ........  ........  .........  Mr. Williams.....  ........        X   .........
Mr. Hefley.....................  ........  ........  .........  Mr. Gejdenson....  ........        X   .........
Mr. Doolittle..................        X   ........  .........  Mr. Richardson...  ........  ........  .........
Mr. Allard.....................        X   ........  .........  Mr. DeFazio......  ........        X   .........
Mr. Gilchrest..................  ........  ........  .........  Mr. Faleomavaega.  ........  ........  .........
Mr. Calvert....................        X   ........  .........  Mr. Johnson......  ........  ........  .........
Mr. Pombo......................        X   ........  .........  Mr. Abercrombie..  ........        X   .........
Mr. Torkildsen.................  ........  ........  .........  Mr. Studds.......  ........  ........  .........
Mr. Hayworth...................        X   ........  .........  Mr. Tauzin.......  ........  ........  .........
Mr. Cremeans...................        X   ........  .........  Mr. Ortiz........  ........  ........  .........
Mrs. Cubin.....................        X   ........  .........  Mr. Pickett......        X   ........  .........
Mr. Cooley.....................        X   ........  .........  Mr. Pallone......  ........        X   .........
Mrs. Chenoweth.................        X   ........  .........  Mr. Dooley.......        X   ........  .........
Mrs. Smith.....................        X   ........  .........  Mr. Romero-        ........  ........  .........
                                                                 Barcelo.                                       
Mr. Radanovich.................  ........  ........  .........  Mr. Hinchey......  ........        X   .........
Mr. Jones......................        X   ........  .........  Mr. Underwood....        X   ........  .........
Mr. Thornberry.................        X   ........  .........  Mr. Farr.........  ........        X   .........
Mr. Hastings...................        X   ........  .........                                                  
Mr. Metcalf....................        X   ........  .........                                                  
Mr. Longley....................        X   ........  .........                                                  
Mr. Shadegg....................        X   ........  .........                                                  
Mr. Ensign.....................        X   ........  .........                                                  
----------------------------------------------------------------------------------------------------------------

                      section-by-section analysis

Section 1. Short title

    The short title of the bill is the ``Utah Public Lands 
Management Act of 1995.''

Section 2. Designation of wilderness

    This section designates approximately 1.8 million acres of 
lands managed by BLM as wilderness under the 1964 Wilderness 
Act (16 U.S.C. 1131 et seq.) and are added to the National 
Wilderness Preservation System. Each wilderness area is listed 
individually with the corresponding acreage and reference to 
the official map. This acreage closely mirrors the 
recommendations made by BLM in the 1991 Final Environmental 
Impact Statement.

Section 3. Administration of wilderness areas

    Subject to valid existing rights, the Secretary of the 
Interior is instructed to manage the designated lands pursuant 
to H.R. 1745, the Wilderness Act of 1964 and section 603 of the 
Federal Land Policy and Management Act (FLPMA) of 1976. Any 
valid existing rights recognized must be determined under 
section 202 of FLPMA and the regular land use planning process. 
The Secretary is instructed to prepare management plans within 
five years of enactment for the designated areas.
    Under subsection (c), the grazing of livestock within 
wilderness areas is permitted where previously established and 
must be administered in accordance with section 4(d)(4) of the 
Wilderness Act and the guidelines set forth in House Report 96-
1126 which accompanies the 1980 Idaho Wilderness Act. Moreover, 
livestock grazing may not be curtailed or phased out due to 
wilderness designation nor shall wilderness designation be used 
as a suitability criteria for managing grazing allotments.
    In accordance with section 4(d)(7) of the Wilderness Act, 
nothing in H.R. 1745 is to affect the jurisdiction or 
responsibilities of the State of Utah in managing fish and 
wildlife resources including specified activities. The State of 
Utah has successfully reintroduced species such as big horn 
sheep in several of these areas and the Committee endorses 
these activities and intends that they continue.
    Subsection (e) prohibits the creation of buffer zones 
around wilderness areas regardless of activities that can be 
seen, heard or smelled from within the wilderness area. The 
Committee intends that the boundaries depicted in the 
legislation are ``bright line'' boundaries and that 
administration of wilderness will not affect lands or 
activities outside the wilderness areas.
    Subsection (f) withdraws a reservation on Oil Shale Reserve 
Number 2 and transfers jurisdiction back to BLM.
    Unless otherwise depicted on the official maps referred to 
in the bill, the wilderness boundary shall be set back from 
roads as specified in this subsection (g).
    Subsection (h) prohibits the Secretary of the Interior from 
closing a road or limiting access to any road that is bounded 
on one or both sides by wilderness unless the State of Utah or 
a political subdivision thereof gives consent. Roads maintained 
by an entity other than the United States may continue to be 
maintained by that entity. The Subcommittee heard testimony 
during hearings that numerous roads that were cherry-stemmed as 
part of Forest Service wilderness in Utah were simply closed 
through administrative actions without regard to the maps 
approved by Congress. The Committee fully intends that the 
roads that are excluded from wilderness areas are kept open for 
public use and access unless consent for closure is given by 
the State or local government with general jurisdiction over 
the road.
    Pursuant to section 4(d)(4) of the Wilderness Act, 
reasonable access shall be allowed to certain existing water 
facilities, including motorized access where historically 
employed. Non-Federal lands may be accessible that are 
contained within a wilderness area, and existing facilities and 
related access routes may be maintained and replaced as 
necessary. Reasonable access includes motorized access where 
necessary and historically employed.
    Under subsection (j), the Secretary is authorized to 
acquire through purchase, exchange or donation any non-Federal 
lands within wilderness areas. Outside of the Utah State school 
trust lands identified in section 11 of the bill, the Committee 
is not aware of any other non-Federal lands within the 
designated wilderness areas.

Section 4. Water rights

    Although testimony received by the Committee indicated that 
the majority of the waters contained in the wilderness areas is 
fully appropriated, there are several areas that contain water 
resources not yet developed. Given that water is such a 
valuable resource in these desert areas, the Committee fully 
intends that there will not be established a Federal reserve 
water right due to wilderness designation or wilderness 
protection.
    Subsection (a) makes clear that nothing in H.R. 1745 shall 
constitute an express or implied Federal reservation of water 
or water rights due to wilderness designation.
    Subsection (b) authorizes the United States to acquire and 
exercise water rights for wilderness management pursuant to 
Utah State law. Any such water rights acquired by the United 
States must be exercised in accordance with Utah State laws.
    Subsection (c) clarifies that nothing in H.R. 1745 may 
limit the exercise of water rights under Utah State laws.
    Subsection (d) clarifies that nothing in H.R. 1745 affects 
the existence, maintenance or replacement of cited water 
facilities.
    Subsection (e) clarifies that H.R. 1745 shall not limit the 
Federal approval of water resource projects located outside and 
upstream of wilderness areas.

Section 5. Cultural, archaeological and paleontological resources

    This section mandates that the Secretary protect these 
resources within designated wilderness areas. Due to the 
remoteness and number of these resources, the Committee intends 
that the Secretary exercise the discretion granted by this 
section to protect these resources through a variety of 
measures as necessary. The Committee intends that any signs 
erected by the Secretary under this authority be used for 
interpretative purposes only.

Section 6. Native American cultural and religious uses

    Pursuant to the American Indian Religious Freedom Act, the 
Secretary shall assure nonexclusive access to designated 
wilderness areas for Native Americans for certain cultural 
uses.

Section 7. Military overflights

    Nothing in H.R. 1745 shall restrict or preclude low-level 
overflights over designated wilderness areas. This section also 
preserves the ability to establish new airspace units for 
training and the existence and maintenance of communication and 
tracking systems that support military overflights.

Section 8. Air quality

    This section simply reiterates the role of the State of 
Utah in determining airshed classifications under the Clean Air 
Act. Furthermore, subsection (c) protects the ability to 
operate and expand existing industrial facilities that are 
currently located near designated wilderness areas.

Section 9. Disclaimers

    The Committee finds that there are numerous existing rights 
and activities that exist within or adjacent to designated 
wilderness areas. Due to a history of these rights being phased 
out or precluded over time in wilderness areas, the Committee 
intends that those rights or activities be continued if they 
were allowed prior to wilderness designation. Moreover, where 
public interest dictates, new uses may be established.
    In conjunction with section 4(d)(4) of the Wilderness Act, 
this section allows for the establishment and maintenance of 
water facilities, transmission lines, pipelines, communication 
sites, and other facilities needed in the public interest. 
Paragraph (4) reaffirms section 4(d)(1) of the Wilderness Act 
in permitting the use of mechanically propelled water craft 
where such use was established prior to enactment of H.R. 1745.

Section 10. Wilderness release

    This section would release all non-designated lands managed 
by BLM for non wilderness multiple uses in accordance with land 
management plans adopted pursuant to section 202 of FLPMA. 
Subsection (c) retains four areas as wilderness study areas 
under section 603(c) of FLPMA. The BLM in Utah has managed 5.7 
million acres as de facto wilderness since 1992 even though the 
agency is only authorized to manage 3.2 million acres as 
wilderness study areas. Thus, the Committee intends that only 
the acreage designated by H.R. 1745 be managed as wilderness. 
This language does not prevent BLM from managing released lands 
under valid administrative designations; however, the Committee 
wishes to make it clear that only Congress may designate 
wilderness. Under the Committee's language, release lands may 
not be managed as wilderness but must be managed under a valid 
management plan which has been exposed to the public process as 
required in FLMPA and the National Environmental Policy Act.

Section 11. Exchange relating to school and institutional trust lands

    Approximately 209,000 acres of school and institutional 
trust lands lie within or adjacent to areas designated as 
wilderness by H.R. 1745. These lands were originally granted to 
the State of Utah to generate income for the public schools. It 
is in the interest of the State of Utah and the United States 
to exchange these lands out of the wilderness areas to 
accomplish the purposes of the school trust lands. The value of 
the Federal lands to be exchanged for the school trust lands 
are approximate equivalent value.
    If the State of Utah offers to transfer all its right, 
title and interest to the school trust lands, the Secretary 
shall accept the offer and within 180 days initiate the 
exchange of the Federal lands identified. The exchange of lands 
is subject to valid existing rights and all exchanges must 
occur within two years.
    Subsection (c) identifies the lands to be exchanged on 
official maps. The Committee considered a working map during 
consideration that will change due to new information regarding 
values of lands to maintain approximate equal values in the 
exchange. The resulting map affecting the Utah school trust 
land exchange is designated ``In-Held School Trust Land 
Exchange--Proposed.''
    Under subsection (d), not later than 180 days after 
enactment, the Secretary must prepare a list of all 
encumbrances of record on the Federal lands for the State of 
Utah. The State of Utah must likewise prepare a list of all 
encumbrances on the State lands for the United States. The 
Secretary and the State of Utah shall inspect all pertinent 
records and conduct physical inspections of the lands to be 
exchanged. The responsibility for cost of remedial action 
related to any hazardous materials shall be borne by those 
entities responsible under existing law. The exchange is deemed 
in the public interest and the National Environmental Policy 
Act of 1969 is waived. The value of Federal lands shall be 
adjusted to reflect the right of the State of Utah under 
existing Federal law to share in the revenues from such Federal 
lands. In the event the encumbrances identified result in an 
imbalance in values, the Secretary shall make additional lands 
available to remedy the imbalance.
    The State of Utah and the United States shall provide each 
other legal descriptions of their respective lands. The maps 
and legal descriptions shall be made available to the public. 
The lands identified for acquisition by the United States are 
withdrawn from disposition under the public land laws and from 
location, entry, and patent under the mining laws.
    The lands acquired by the United States shall be 
administered as public lands according to the maps referred to 
in H.R. 1745.

Section 12. Land appraisal

    Lands acquired pursuant to this Act shall be appraised 
without regard to the presence of threatened or endangered 
species under the Endangered Species Act.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on resources' oversight findings and 
recommendations are reflected in the body of this report.

                     INFLATIONARY IMPACT STATEMENT

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1745 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs of which would be incurred in carrying 
out H.R. 1745. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1745 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. H.R. 1745 will increase Federal outlays and also 
generate new income.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1745.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI 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 H.R. 
1745 from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 28, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1745, the Utah Public Lands Management Act of 
1995, as ordered reported by the House Committee on Resources 
on August 2, 1995. CBO estimates that enacting H.R. 1745 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 be less than $500,000 per 
year.
    H.R. 1745 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 would authorize the exchange 
of Utah school trust lands in and adjacent to the designated 
wilderness area for federal lands elsewhere, subject to certain 
appraisal requirements.
    Federal Budgetary Impact. Based on information from the 
Department of the Interior and the state of Utah, CBO estimates 
that the 1.8 million acres of federal lands 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 H.R. 1745 is 
enacted. Because the budget records the receipts as offsetting 
receipts (that is, negative outlays), their loss would result 
in a new increase in federal spending. Thus, we estimate that 
the transfer of land to Utah would increase federal outlays by 
amounts averaging less than $500,000 a year.
    The loss of federal receipts under H.R. 1745 would be 
partially offset because the government would obtain new lands 
that also generate income. CBO estimates that the 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.
    Finally, by decreasing the number of acres of federal land, 
the bill would cause payments in lieu of taxes (PILT) made to 
counties in Utah to decrease. 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.
    Because the total number of acres of federal land in Utah 
would decrease, PILT for federally owned land in the state also 
would decrease. 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, Marjorie Miller.
            Sincerely,
                                         June E. O'Neill, Director.

                        committee cost estimate

                          House of Representatives,
                                    Committee on Resources,
                                  Washington, DC, December 8, 1995.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
    Dear Mr. Speaker: In accordance with clause 7 of Rule XIII 
of the Rules of the House of Representatives, this represents a 
cost estimate of the Committee on Resources for the bill, H.R. 
1745, the Utah Public Lands Management Act of 1995. This letter 
supplements the cost estimate of the Congressional Budget 
Office (CBO) prepared on November 28, 1995, which is also 
included in the Committee report on the bill.
    The purpose of H.R. 1745 is to designate 1.8 million acres 
of land in the State of Utah as wilderness. I am taking this 
extraordinary step because of unusual circumstances surrounding 
a land exchange authorized by section 11 of the bill. Section 
11 authorizes an exchange of approximately 209,000 acres owned 
by the State of Utah for approximately the same acreage acres 
of Federal land. The Federal Government originally deeded these 
lands to the State to generate income for its schools through 
the development of natural resources and other methods. The 
State areas lie adjacent to or within lands which are 
designated as wilderness under section 2 of the bill, and such 
development would be curtailed or prohibited following the 
designation. Therefore, it is in the interest of the United 
States and the State of Utah to exchange these lands out of 
wilderness areas to help accomplish the original purpose of the 
school trust lands. Under section 11(a), the Federal lands to 
be exchanged ``are of approximate equal value'' to the State 
school trust lands.
    The version of H.R. 1745 favorably reported from the 
Committee on Resources on August 2, 1995, described the lands 
to be exchanged by reference to map designated ``In-Held School 
Trust Land Exchange--Proposed'' dated ________.\1\ In June, a 
map had been prepared by the Bureau of Land management after 
consultation with the State. However, following the Committee 
consideration of the bill on August 2, 1995, the Bureau of Land 
Management determined that the value of the Federal lands to be 
exchanged had increased through the granting of coal leases in 
September 1995. To ensure that the value of the lands remained 
``of approximate equal value'', further negotiations were held 
with the State and new parcels of Federal land suitable for 
exchange were identified and remapped in November 1995. Because 
of the Bureau of Land Management indicated that it would be 
following the revised map when conducting its land exchanges, 
the cost estimate prepared by CBO for the bill reflected the 
exchange of these new parcels. This is both appropriate and 
prudent and according to the Parliamentarian, consistent with 
the Rule of the House of Representatives.
    \1\ In fact, all references to maps in the bill (including the maps 
designating areas as wilderness) involve blanks, demonstrating their 
uncompleted nature.
---------------------------------------------------------------------------
    However, at request of certain Minority Members of the 
Committee, I took the extraordinary step of asking CBO to 
review the old map and to compare it to the cost estimate 
prepared for the Committee in November. Based on information 
from the Congressional Budget Office, the Bureau of Land 
Management, and the State of Utah, if the exchange of lands had 
occurred as depicted on the earlier map, the bill would 
resulting in higher direct spending in the form of lost 
offsetting receipts from the coal leases granted in September 
1995 totaling $2 million per year.
    The Committee plans to offer an amendment on the Floor when 
the bill is considered clarifying that the exchange required 
under the bill is reflected in the November 1995 map prepared 
by the Bureau of Land Management.
            Sincerely,
                                               Don Young, Chairman.

                        changes in existing law

    If enacted, H.R. 1745 would make no changes in existing 
law.

                          departmental reports

    The Committee has received no departmental reports on H.R. 
1745.
                            DISSENTING VIEWS

    We strongly oppose H.R. 1745. This legislation is a 
seriously flawed initiative that, if enacted, would not only be 
a disaster for the wild public lands affected by the bill, but 
also for the National Wilderness Preservation System.
    There is significant interest and concern, not only in Utah 
but across the country on just what will and what will not be 
done regarding the designation and management of wilderness on 
public lands within the borders of Utah. H.R. 1745 would 
determine the fate of 22 million acres of public land in Utah. 
These lands are owned by all Americans, held in trust for them 
by the Federal Government, and managed by the Bureau of Land 
Management. These lands include some of the most spectacular 
treasures in the United States, places that have the capacity 
to inspire wonder in even the most jaded. People in every State 
of the Union care deeply about the fate of these places. Future 
generations will scrutinize our actions on this question as 
well. The bill before us fails on two counts. First it would 
allow the exploitation of lands as unique and magnificent as 
those in our most honored national parks. Second, it would 
weaken the Wilderness Act and the concepts of land management 
that law established by allowing development in those areas it 
designates as wilderness.
    H.R. 1745, as reported, is replete with exceptions, 
exclusions, and exemptions that undermine the very essence of 
what a wilderness area is. The areas designated by the bill 
will not be real wilderness, but compromised wilderness. Just 
as disturbing, numerous wild lands of striking beauty and 
pristine character will be left unprotected completely, 
sacrificed to development and exploitation. H.R. 1745 sets a 
different standard for wilderness in Utah than anywhere else. 
Not only would it be different from wilderness in other States. 
But it would be different from how national forest wilderness 
is managed in Utah.
    We seriously doubt that within or outside of Utah there are 
many people who, when they think of a wilderness area, envision 
roads, water projects, pipelines, transmission of facilities, 
and communication towers dotting the landscape. Unfortunately 
all that and more would be allowed in the Utah wilderness areas 
designated by H.R. 1745. These developments would completely 
undermine the character of these wilderness areas and render 
them nothing more than developed primitive areas. None of the 
new developments that H.R. 1745 would allow in these wilderness 
areas have a valid existing right to such development. The bill 
would protect these speculative projects at the expense of the 
very wilderness values for which these areas are designated. 
This language is not found in any other wilderness designation 
act. The bill would take very limited and specific authority 
granted to the President, authority that has never been used, 
and expand it into an open invitation to develop wilderness.
    H.R. 1745 would also designate as wilderness even less land 
than was recommended in the wilderness studies done in the 
early 1980's. Those studies themselves were seriously flawed 
and a subject of great controversy. Prepared under the tenure 
of Interior Secretary James Watt, the studies arbitrarily 
excluded or otherwise dismissed millions of acres of qualified 
wild public lands in Utah. This fact was confirmed by the 
Interior Department's own Board of Land Appeals, which after 
reviewing the Department's studies proposed a much higher 
wilderness study recommendation for public lands in Utah.
    Like many other sections of the bill, H.R. 1745's 
provisions regarding access go far beyond what has been the 
normal and customary policy for wilderness areas. While private 
interests may have a right of access to their holdings within a 
wilderness area, the United States should not be required to 
operate or maintain such private access. Regrettably, the 
majority defeated an amendment which would have required 
private interests, for whose benefit such access has been 
provided, to shoulder that responsibility. Instead, the bill 
would force these costs on the American taxpayer.
    On the question of water rights, both the Utah State 
natural resources director and the State water engineer 
testified that Utah law does not recognize wilderness for 
purposes of securing an in-stream flow water right. How does 
the majority expect the Bureau of Land Management to manage 
these wilderness areas when it is precluded by State law from 
applying for a water right for wilderness values? Since the 
State does not recognize wilderness for purposes of securing a 
water right, the bill's water language cripples the protection 
and management of these wilderness areas.
    The current ``release'' language in H.R. 1745 is also 
precedent setting. This so-called ``hard release'' requires the 
BLM to manage the lands not designated by the bill for the full 
range of nonwilderness multiple uses. The very fact that the 
bill uses the term ``nonwilderness multiple use'' shows a basic 
misunderstanding of what wilderness is. The wilderness 
designation, as defined in the Wilderness Act of 1964, is 
itself a multiple use that includes such things as hunting, 
fishing, hiking, grazing, camping, canoeing, scientific study, 
and the protection of water quality and wildlife habitat. 
Further, the bill prohibits the agency from taking any measures 
to protect these released lands' wilderness character. In other 
words, the agency is told to develop these wild lands, pay no 
attention to the science or its professional judgement, just 
develop them.
    For the first 20 years of the Wilderness Act, no provisions 
for release were included in wilderness bills. In the past 
decade, Congress has included what is known as ``soft release'' 
in such bills. This commonsense language told land managers 
that lands not designated as wilderness need not be managed to 
maintain their suitability for wilderness designation. However, 
as the agency periodically revised its management plans, it 
would consider wilderness in its land-use plans, just as it 
looks at all the other possible management options. In 
committee, an amendment was offered to follow this long-
standing bipartisan congressional policy. The majority defeated 
this amendment, choosing instead to proceed to tie the land 
manager's hands and foreclose forever any wilderness protection 
for millions of acres of wild lands.
    H.R. 1745 is not only a disaster for the wild public lands 
in Utah but also for the American taxpayer. The bill, as 
reported by the committee, directs a land exchange between the 
State of Utah and the Federal Government without appraisals, 
environmental reviews, or the requirement that the exchange be 
of equal value. In fact, the bill does not even require surveys 
of the lands to be exchanged. For those who think the Federal 
Government should be run more like a business, this exchange is 
a sore disappointment. No business would ever enter into this 
deal, unless it was on the receiving end. What business would 
ever enter into a deal where no appraisals were done to 
determine the value of its holdings or the value of the 
holdings it was to acquire? The language of H.R. 1745 overturns 
long-standing policies for land exchanges that protect the 
public interest.
    Regrettably the majority defeated an amendment that was 
offered to restore some common sense to this land exchange. 
Repeatedly, committee Republicans were told this exchange was a 
bad deal for the American taxpayer. They choose to ignore those 
warnings in committee. However, subsequent to the committee's 
action, the Congressional Budget Office notified majority and 
minority staff that the land exchange had paygo problems since 
numerous tracts of revenue-producing Federal lands were being 
traded for nonrevenue-producing State lands (see attached 
letter on this matter). This exchange is also a bad deal for 
the American taxpayer since there is a wide disparity in the 
value of the nonrevenue-producing lands being exchanged. At the 
request of the majority and minority staffs, the BLM made an 
assessment of the value of the lands proposed for exchange. Its 
analysis shows the Federal Government loses millions on the 
deal as Federal lands are exchanged for less valuable State 
lands.
    While there are numerous problems with what is in the bill, 
we are just as disturbed with what is missing. Despite 
overwhelming public support for additional wilderness 
designations at hearings in both Utah and Washington, DC, the 
supporters of H.R. 1745 have doggedly clung to only those areas 
designated in the introduced bill, ignoring numerous areas of 
nationally significant wilderness character. Canyons and mesas 
that qualify as wilderness and share boundaries with Zion, 
Bryce Canyon, Capitol Reef, Arches, and Canyonlands National 
Parks are not included in this bill and would be released to 
development.
    For example, from the south rim of Bryce Canyon National 
Park the land falls 7,000 feet in a series of multicolored 
cliffs and plateaus to the bottom of the Grand Canyon. This is 
the ``grand staircase'', which spans 6 major life zones from 
Arctic-Alpine forests to lower Sonoran Desert. Four billion 
years of geology are represented. H.R. 1745 excludes over 
200,000 acres of this wild lands from wilderness consideration.
    In the area surrounding Zion National Park, streams 
contributing to the Virgin River rush past ribbons of splendid 
greenery at the bottom of dark, narrow, sheer red-walled 
canyons. Two thousand foot cliffs with groves of ponderosa pine 
scattered across this sculpted surface of solid rock frames the 
visitor's entrance to the park. H.R. 1745 omits approximately 
170,000 acres of these wildlands.
    130,000 acres around Canyonlands National Park, including 
wild canyons that drain into the Colorado River, as well as the 
adjacent towering windgate walls that form the prominent 
backdrop that is seen from the Needles region, are excluded 
from H.R. 1745.
    Bordering Capitol Reef National Park, the Escalante River 
has carved a series of salmon hued serpentine canyons. These 
canyons compose a thousand mile labyrinth that includes hidden 
alcoves, natural bridges and arches. Slot canyons a hundred 
feet deep narrow down to 10 inches in width. Approximately 
175,000 acres of these bare rock ribs, hidden desert pools, and 
towering canyon walls were ignored by H.R. 1745.
    The Cedar Mesa Region holds one of the highest 
concentrations of archeological sites in the United States. In 
the slickrock side canyons leading to the San Juan River are 
thousands of cliff dwellings left by a culture that vanished 
600 years ago. A pygmy forest of pinyon and juniper grows over 
ancient pathways, kivas, and mesa top ruins. Approximately 
350,000 acres of this area is left out of H.R. 1745.
    The Kaipairowits Plateau is one of the most rugged wild 
areas in the Southwestern United States. The windy mesas and 
vast canyons clearly fit the Wilderness Act's intent of 
preserving places of solitude and rugged beauty. Long narrow 
necks of land stand as islands in the sky over dusty dry 
washes. H.R. 1745 shuts out over 80 percent, or approximately 
530,000 acres of this region.
    The Great Basin in western Utah encompasses isolated 
mountains and the biologically diverse Mojave Desert ecotone. 
In this basin and range country lofty peaks rise from the 
desert floor. 494,000 acres or two-thirds of the region is 
excluded from H.R. 1745.
    The Henry Mountains rise over 11,000 feet, but still were 
the last mountain range discovered by western explorers. On the 
flank of these lacolithic domes, the Dirty Devil River cuts a 
deep canyon that served as the hideout for Butch Cassidy and 
the Wild Bunch. The primitive beauty of the area has inspired 
proposals for national monument, national park, and wild and 
scenic river designations. H.R. 1745 ignores over 380,000 acres 
in the region.
    White Canyon begins in Natural Bridges National Monument 
and then travels through wild grotos, hanging gardens, and 
grand scenery. Six major branches to the main canyon hold 
Anazasi ruins. Desert bighorn sheep roam the mesas above. Over 
150,000 acres of canyon country were left out of H.R. 1745.
    Standing 6,000 feet above the town of Moab, the La Sal 
Mountains form the backdrop for Arches National Park. Rising to 
almost 13,000 feet, the peaks collect moisture stored in 
snowfields to provide water for perennial streams below, 
creating lush canyons of striking beauty. 120,000 acres of this 
area is excluded by H.R. 1745.
    The Green River slices through the 2,000 foot escarpment of 
the Book and Roan Cliffs in Desolation Canyon. The river is a 
human corridor but the aspen and fir capped ridges provide 
important wildlife habitat and rugged beauty. H.R. 1745 
excludes approximately 385,000 acres of this area.
    After leaving Desolation Canyon the Green River gains a new 
complexion as it meanders slowly through Labyrinth Canyon, 
another area of wild beauty. H.R. 1745 omits over 100,000 acres 
of it.
    The San Rafael Swell is a great dome of uplifted 
sedimentary rock, 50 miles long and 30 miles wide. Shielded by 
a reef of steeply tilted stone hundreds of feet high, the area 
has been proposed as a national park several times since the 
1930's. 570,000 acres of jagged cliff faces, narrow slot 
canyons and hidden valleys rich with domes and towers were 
rejected by H.R. 1745.
    It is important that members and the public know about 
these wild lands and what is at stake here. It is all about 
public land in its wild state and the direction that will be 
taken in its management. While H.R. 1745 sacrifices these 
spectacular wild lands to development, all these lands and many 
more of similar character and beauty are included in a 
legislative proposal (H.R. 1500) introduced by Representative 
Hinchey. This bill, which has 97 cosponsors is the true 
wilderness bill for Utah, a fact that was borne out in the 
hearings, where a majority of those who participated support 
H.R. 1500.
    The supporters of H.R. 1745 have chosen to brush aside the 
public, the land managers, and most importantly the resource 
values of these wild public lands. Those resource values make 
the red rock wild lands of Utah one of the most important 
landscapes in the United States.
    What the majority has lost sight of is that Congress cannot 
``create'' wilderness. That is done by the hand of God. What 
Congress can do is provide for the management of these wild 
lands. It is on this central tenet that H.R. 1745 fails so 
miserably. We believe passage of this legislation will 
sacrifice much of the remaining wild public land in Utah and 
set in place numerous bad precedents for wilderness management 
that will degrade rather than enhance wilderness. For these 
many reasons we strenuously oppose this bill.

                                   George Miller.
                                   Maurice Hinchey.
                                   Sam Gejdenson.
                                   Dale E. Kildee.
                                   Sam Farr.
                                   Peter A. DeFazio.
                                   Bill Richardson.
                                   Neil Abercrombie.
                                   Pat Williams.
                                   Frank Pallone, Jr.
                                   Bruce F. Vento.
                                   Gerry Studds.
                          House of Representatives,
                                    Committee on Resources,
                                  Washington, DC, December 6, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
Washington, DC.
    Dear Mr. Chairman: We are deeply disturbed by recent events 
with regard to the map of the land exchange contained in H.R. 
1745, the Utah Public Lands Management Act of 1995, and the 
subsequent scoring of the bill by the Congressional Budget 
Office.
    At the Full Committee's August 2, 1995, a consideration of 
H.R. 1745, both the Majority and the Minority were operating on 
the basis of a June 6, 1995, map of the land exchange prepared 
by the State of Utah.
    During Full Committee, Congressman Miller offered an 
amendment regarding the land exchange because of his concerns 
about the proposed exchange. The concerns included the lack of 
any appraisals or surveys of the parcels on the map, the waiver 
of environmental laws with regard to the exchange and the 
waiver of provisions in law that the exchange be of equal value 
and in the public interest. His amendment would have placed 
conditions on the exchange but would not have changed the map. 
That amendment was defeated. No other amendment or modification 
of the land exchange proposal was considered or discussed at 
Full Committee.
    Subsequent to the Full Committee mark-up, both Majority and 
Minority staff were notified of significant budget problems in 
the land exchange by the Congressional Budget Office. 
Congressman Miller specifically raised concerns about the costs 
at Full Committee, but the Majority chose to go forward with 
the exchange as proposed.
    In response to the budget problems, Majority staff flew to 
Utah to meet with State and BLM officials. On September 7, 
1995, the State of Utah agreed to drop its demand for the BLM's 
Alkali Creek tract. Majority staff then had BLM prepare cost 
estimates of the exchange based on this new post mark-up 
agreement. When Minority staff learned of this development, 
they informed Majority staff that the cost estimates had to 
reflect the bill as it was considered by the Full Committee on 
August 2nd. BLM subsequently prepared and submitted to the CBO 
cost estimates of the land exchange as it was configured at the 
time of the August 2nd mark-up.
    Following this, Majority staff requested BLM to prepare new 
cost estimates of the land exchange reflecting the deletion of 
all Federal revenue-producing tracts from the June 6th map. 
This the BLM did on October 19, 1995. Again Minority staff 
warned Majority staff that these changes could be reflected in 
an amendment prepared for the Floor, but they did not reflect 
the Committee's action on August 2. Majority staff indicated to 
the Minority an understanding of this.
    You can imagine our shock and concern when the CBO on 
November 28, 1995, issued a cost estimate on H.R. 1745, as 
ordered reported by the Committee in August 2, 1995, that 
reflected a November 9, 1995, map of the land exchange and the 
BLM's October 19th cost estimate.
    This November 9th map makes substantial changes to the land 
exchange Committee Members considered on August 2nd. To his 
credit, when notified by Minority staff, your Committee Counsel 
recognized the significant problems with this ex post facto 
action and stated to our staff that a new CBO estimate would be 
prepared accurately reflecting the Committee's action on August 
2nd.
    Mr. Chairman, this episode represents a serious breach of 
Committee procedure, and it is not the first time such 
alterations have occurred after formal Committee action has 
concluded.
    This Committee has used working maps on many occasions. 
When such maps are finalized, they must accurately reflect what 
the Committee considered. That was not the case here. The 
November 9th map does not reflect what the Committee considered 
on August 2nd. Rather, it reflects changes by the staff made 
months after the Committee's action and changes that were never 
discussed by Members or considered in Committee. The 
legislative process was seriously compromised by this action.
    The incident comes on the heels of an equally disturbing 
episode that occurred in September. When H.R. 1091 was 
considered in the House under Suspension of the Rules on 
September 18, 1995, the bill that was sent to the Desk was 
unilaterally modified to delete the Pombo amendment dealing 
with Colonial National Historical Park. No notification was 
provided to the Minority of this change. In fact, we only 
learned of it when Minority staff noticed the discrepancy the 
next day while reviewing the Congressional Record of the 
proceedings.
    The Pombo amendment was no small matter and was very 
controversial in Committee. It is ironic that many Members of 
the Minority voted against the amendment in Committee, only to 
see their position vindicated as the Majority unilaterally 
removed the amendment from the bill. Regardless of the fact 
that most Members of the Minority did not agree with the 
amendment in the first place, the Majority's action on the 
Pombo amendment was a patent violation of legislative 
standards.
    Whatever our policy or philosophical differences, we all 
share the highest concern for the integrity of the legislative 
process. As you are aware, Section 407 of Jefferson's Manual 
clearly states that a committee can act only when together in 
formal meeting. Staff is authorized only to make ``technical 
and conforming changes'' in consultation with the Minority, not 
to alter legislation or maps on which the Committee has acted.
    Unsanctioned changes in maps or bill language compromise 
the integrity of the legislation process and are an invitation 
to mischief and chaos. I am sure you will agree that it is our 
responsibility as Chairman and Ranking Members to assure that 
the language of bills, and supporting documents, that are 
brought to the House from our Committee represent the agreed 
upon work product of the elected Members of Congress, not the 
modifications of staff outside the normal legislative 
procedure.
    I hope we can have your assurance that such breaches in 
legislative procedure will not reoccur.

                                   George Miller,
                                           Senior Democratic Member.
                                   Bill Richardson,
                                           Senior Democratic Member, 
                                               Subcommittee on National 
                                               Parks, Forests & Lands.