Title II — S. 3056 (Introduced in Senate)

Sec. 201 General provisions

(a)

Names of wilderness areas— Each wilderness area named in title I shall—

(1)

consist of the quantity of land referenced with respect to that named area, as generally depicted on the map entitled “Utah BLM Wilderness Proposed by H.R. 1630, 113th Congress”; and

(2)

be known by the name given to it in title I.

(b)

Map and description—

(1)

In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by this Act with—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(2)

Force of law— A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description.

(3)

Public availability— Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the Office of the Director of the Bureau of Land Management.

Sec. 202 Administration

Subject to valid rights in existence on the date of enactment of this Act, each wilderness area designated under this Act shall be administered by the Secretary in accordance with—

(1)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(2)

the Wilderness Act (16 U.S.C. 1131 et seq.).

Sec. 203 State school trust land within wilderness areas

(a)

In general— Subject to subsection (b), if State-owned land is included in an area designated by this Act as a wilderness area, the Secretary shall offer to exchange land owned by the United States in the State of approximately equal value in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).

(b)

Mineral interests— The Secretary shall not transfer any mineral interests under subsection (a) unless the State transfers to the Secretary any mineral interests in land designated by this Act as a wilderness area.

Sec. 204 Water

(a)

Reservation—

(1)

Water for wilderness areas—

(A)

In general— With respect to each wilderness area designated by this Act, Congress reserves a quantity of water determined by the Secretary to be sufficient for the wilderness area.

(B)

Priority date— The priority date of a right reserved under subparagraph (A) shall be the date of enactment of this Act.

(2)

Protection of rights— The Secretary and other officers and employees of the United States shall take any steps necessary to protect the rights reserved by paragraph (1)(A), including the filing of a claim for the quantification of the rights in any present or future appropriate stream adjudication in the courts of the State—

(A)

in which the United States is or may be joined; and

(B)

that is conducted in accordance with section 208 of the Department of Justice Appropriation Act, 1953 (66 Stat. 560, chapter 651).

(b)

Prior rights not affected— Nothing in this Act relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.

(c)

Administration—

(1)

Specification of rights— The Federal water rights reserved by this Act are specific to the wilderness areas designated by this Act.

(2)

No precedent established— Nothing in this Act related to reserved Federal water rights—

(A)

shall establish a precedent with regard to any future designation of water rights; or

(B)

shall affect the interpretation of any other Act or any designation made under any other Act.

Sec. 205 Roads

(a)

Setbacks—

(1)

Measurement in general— A setback under this section shall be measured from the center line of the road.

(2)

Wilderness on 1 side of roads— Except as provided in subsection (b), a setback for a road with wilderness on only 1 side shall be set at—

(A)

300 feet from a paved Federal or State highway;

(B)

100 feet from any other paved road or high standard dirt or gravel road; and

(C)

30 feet from any other road.

(3)

Wilderness on both sides of roads— Except as provided in subsection (b), a setback for a road with wilderness on both sides (including cherry-stems or roads separating 2 wilderness units) shall be set at—

(A)

200 feet from a paved Federal or State highway;

(B)

40 feet from any other paved road or high standard dirt or gravel road; and

(C)

10 feet from any other roads.

(b)

Setback exceptions—

(1)

Well-defined topographical barriers— If, between the road and the boundary of a setback area described in paragraph (2) or (3) of subsection (a), there is a well-defined cliff edge, stream bank, or other topographical barrier, the Secretary shall use the barrier as the wilderness boundary.

(2)

Fences— If, between the road and the boundary of a setback area specified in paragraph (2) or (3) of subsection (a), there is a fence running parallel to a road, the Secretary shall use the fence as the wilderness boundary if, in the opinion of the Secretary, doing so would result in a more manageable boundary.

(3)

Deviations from setback areas—

(A)

Exclusion of disturbances from wilderness boundaries— In cases where there is an existing livestock development, dispersed camping area, borrow pit, or similar disturbance within 100 feet of a road that forms part of a wilderness boundary, the Secretary may delineate the boundary so as to exclude the disturbance from the wilderness area.

(B)

Limitation on exclusion of disturbances— The Secretary shall make a boundary adjustment under subparagraph (A) only if the Secretary determines that doing so is consistent with wilderness management goals.

(C)

Deviations restricted to minimum necessary— Any deviation under this paragraph from the setbacks required under in paragraph (2) or (3) of subsection (a) shall be the minimum necessary to exclude the disturbance.

(c)

Delineation within setback area— The Secretary may delineate a wilderness boundary at a location within a setback under paragraph (2) or (3) of subsection (a) if, as determined by the Secretary, the delineation would enhance wilderness management goals.

Sec. 206 Livestock

Within the wilderness areas designated under title I, the grazing of livestock authorized on the date of enactment of this Act shall be permitted to continue subject to such reasonable regulations and procedures as the Secretary considers necessary, as long as the regulations and procedures are consistent with—

(1)

the Wilderness Act (16 U.S.C. 1131 et seq.); and

(2)

section 101(f) of the Arizona Desert Wilderness Act of 1990 (Public Law 101–628; 104 Stat. 4469).

Sec. 207 Fish and wildlife

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

Sec. 208 Management of newly acquired land

Any land within the boundaries of a wilderness area designated under this Act that is acquired by the Federal Government shall—

(1)

become part of the wilderness area in which the land is located; and

(2)

be managed in accordance with this Act and other laws applicable to wilderness areas.

Sec. 209 Withdrawal

Subject to valid rights existing on the date of enactment of this Act, the Federal land referred to in title I is withdrawn from all forms of—

(1)

entry, appropriation, or disposal under public law;

(2)

location, entry, and patent under mining law; and

(3)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

Title II — Administrative provisions

II Administrative provisions