,i #aacth ,,congress #ast ,session ,h4 ,r4 #bhjh ,,in ,,the ,,house ,,of ,,representatives ,july #bd1 #bjac ,mr4 ,matheson introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to designate certain ,national ,forest ,system land in the ,uinta-,wasatch-,cache ,national ,forest in ,salt ,lake ,county1 ,utah1 as wilderness1 to facilitate a land exchange involving certain land in such ,national ,forest1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,wasatch ,wilderness and ,watershed ,protection ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,sec4 #b4 ,designation of wilderness1 ,uinta-,wasatch-,cache ,national ,forests1 ,utah4 ,sec4 #c4 ,special management area1 ,uinta-,wasatch-,cache ,national ,forests1 ,utah4 ,sec4 #d4 ,administrative provisions related to wilderness areas4 ,sec4 #e4 ,existing water facilities4 ,sec4 #f4 ,land exchange1 ,uinta-,wasatch-,cache ,national ,forests1 ,utah4 #b4 ,designation of wilderness1 ,uinta-,wasatch-,cache ,national ,forests1 ,utah 7a7 ,designation ,in furtherance of the purposes of the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the following ,federal lands within the ,uinta-,wasatch-,cache ,national ,forests in ,salt ,lake ,county1 ,utah1 are designated as wilderness and as either a new component of the ,national ,wilderness ,preservation ,system or as an addition to an existing component of the ,national ,wilderness ,preservation ,system3 7#a7 ,lone ,peak ,wilderness addition ,certain lands in the vicinity of the ,lone ,peak ,wilderness comprising approximately #d1fjb4f acres1 as generally depicted on the map titled ,wasatch ,wilderness and ,watershed ,protection ,act and revised ,april #bc1 #bjac 7in this subsection referred to as the map71 which shall be added to and administered as part of the ,lone ,peak ,wilderness designated by section #b7;i7 of ,public ,law #ie-bcg 7#ib ,stat4 #db74 7#b7 ,mount ,olympus ,wilderness addition ,certain lands in the vicinity of the ,mount ,olympus ,wilderness comprising approximately #b1fja4g acres1 as generally depicted on the map1 which shall be added to and administered as part of the ,mount ,olympus ,wilderness designated by section #ajb7;a77#c7 of ,public ,law #ih-dbh 7#ih ,stat4 #afeh74 7#c7 ,wayne ,owens ,grandeur ,peak_/,mount ,aire ,wilderness ,certain lands comprising approximately #f1bjb4d acres1 as generally depicted on the map1 which shall be known as the ,wayne ,owens ,grandeur ,peak_/,mount ,aire ,wilderness4 7b7 ,map and description 7#a7 ,filing and availability ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 shall file with the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a map and legal description of each wilderness area designated or expanded by subsection 7a74 ,the maps and legal descriptions shall be on file and available for public inspection in the office of the ,chief of the ,forest ,service4 7#b7 ,force of law ,the maps and legal descriptions filed under paragraph 7#a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary of ,agriculture may correct clerical and typographical errors in the maps and legal descriptions4 7c7 ,special rule for ,lone ,peak ,wilderness addition ,notwithstanding the wilderness designation made by subsection 7a77#a71 the ,white ,pine ,reservoir1 together with the ingress and egress routes thereto in existence as of the date of the enactment of this ,act1 shall continue to be operated1 maintained1 and upgraded as necessary1 subject to reasonable requirements to protect wilderness values4 #c4 ,special management area1 ,uinta-,wasatch-,cache ,national ,forests1 ,utah 7a7 ,designation ,subject to valid existing rights1 the following ,federal lands in the ,uinta-,wasatch-,cache ,national ,forests are established as special management areas3 7#a7 ,mt4 ,aire ,special ,management ,area ,certain lands comprising approximately #a1bfg4c acres1 as generally depicted on a map titled ,wasatch ,wilderness and ,watershed ,protection ,act and revised ,april #bc1 #bjac 7in this subsection referred to as the map71 which shall be known as the ,mt4 ,aire ,special ,management ,area4 7#b7 ,mt4 ,olympus ,special ,management ,area ,certain lands comprising approximately #a1ifb4d acres1 as generally depicted on the map1 which shall be known as the ,mt4 ,olympus ,special ,management ,area4 7#c7 ,twin ,peaks ,special ,management ,area ,certain lands comprising approximately #f1cei4a acres1 as generally depicted on the map1 which shall be known as the ,twin ,peaks ,special ,management ,area4 7#d7 ,lone ,peak ,special ,management ,area ,certain lands comprising approximately #a1dbd4c acres1 as generally depicted on the map1 which shall be known as the ,lone ,peak ,special ,management ,area4 7b7 ,maps and descriptions 7#a7 ,filing and availability ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 shall file with the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a map and legal description of each special management area established by subsection 7a74 ,the maps and legal descriptions shall be on file and available for public inspection in the office of the ,chief of the ,forest ,service4 7#b7 ,force of law ,the maps and legal descriptions filed under paragraph 7#a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary of ,agriculture may correct typographical errors in the maps and legal descriptions4 7c7 ,management 7#a7 ,in general ,the ,secretary of ,agriculture shall manage the special management area established by subsection 7a7 to maintain the presently existing wilderness character of the special management area and the potential for inclusion of the area in the ,national ,wilderness ,preservation ,system4 7#b7 ,prohibitions 7,a7 ,permanent roads ,permanent roads may not be established in the special management areas4 7,b7 ,temporary roads and vehicles ,except as necessary to meet the minimum requirements for the administration of the special management areas and to protect public health and safety-- 7i7 the use of motorized or mechanized vehicles1 except as described in paragraph 7#c71 is prohibited in the special management area2 and 7ii7 the establishment of temporary roads is prohibited in the special management areas4 7#c7 ,allowable activities ,the ,secretary of ,agriculture may authorize commercial helicopter-assisted skiing and snowboarding activities 7known as heliskiing71 as authorized on the ,federal lands included within the special management areas as of the date of the enactment of this ,act1 to continue within the special management area4 ,except as provided in subsection 7d71 upon the expiration of an authorization in effect as of the date of enactment of this ,act for heliskiing1 the ,secretary may reissue such authorizations in accord with ,forest ,service procedures4 7#d7 ,applicable law ,any uses of the ,federal lands included within the special management area1 including activities described in paragraph 7#c71 shall be carried out in accordance with applicable law4 7d7 ,eventual wilderness designation 7#a7 ,timeline ,within one year from the time in which all commercial helicopter-assisted skiing and snowboarding activities within any special management area established by subsection 7a7 are no longer authorized or have otherwise terminated within the special management area1 the ,secretary of ,agriculture shall publish notice to that effect in the ,federal ,register4 7#b7 ,designation as wilderness ,the ,federal lands included within a special management area for which notice has been published under paragraph 7#a7 shall be designated as wilderness and added to the ,national ,wilderness ,preservation ,system1 effective on the date of the notice1 as follows3 7,a7 ,the lands included in the ,mt4 ,aire ,special ,management ,area shall be added to and administered as part of the ,wayne ,owens ,grandeur ,peak_/,mount ,aire ,wilderness established by section #b4 7,b7 ,the lands included in the ,mt4 ,olympus ,special ,management ,area shall be added to and administered as a part of the ,mount ,olympus ,wilderness designated by section #ajb7;a77#c7 of ,public ,law #ih-dbh 7#ih ,stat4 #afeh7 and expanded by section #b4 7,c7 ,the lands included in the ,twin ,peaks ,special ,management ,area shall be added to and administered as a part of the ,twin ,peaks ,wilderness designated by section #ajb7;a77#d7 of ,public ,law #ih-dbh 7#ih ,stat4 #afeh74 7,d7 ,the lands included in the ,lone ,peak ,special ,management ,area shall be added to and administered as part of the ,lone ,peak ,wilderness designated by section #b7;i7 of ,public ,law #ie-bcg 7#ib ,stat4 #db7 and expanded by section #b4 #d4 ,administrative provisions related to wilderness areas 7a7 ,covered land defined ,in this section1 the term covered land means-- 7#a7 the wilderness areas designated or expanded by sections #b and #c2 and 7#b7 the special management areas designated by section #c4 7b7 ,administration generally ,subject to valid rights in existence on the date of the enactment of this ,act1 land designated as wilderness by section #b or #c shall be administered by the ,secretary of ,agriculture in accordance with-- 7#a7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 and 7#b7 this ,act4 7c7 ,treatment of effective date of wilderness act 7#a7 ,in general ,with respect to land designated as wilderness by section #b1 any reference in the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq47 to the effective date of the ,wilderness ,act shall be deemed to be a reference to the date of the enactment of this ,act4 7#b7 ,special management areas ,with respect to the lands designated as wilderness by section #c1 any reference in the ,wilderness ,act to the effective date of the ,wilderness ,act shall be deemed to be a reference to the date of the applicable ,federal ,register notice referred to in section #c7;d77#a74 7d7 ,fish and wildlife ,nothing in this ,act shall affect the jurisdiction or responsibility of the ,state of ,utah with respect to wildlife and fish4 7e7 ,no ,buffer ,zones 7#a7 ,in general ,nothing in this ,act shall create a protective perimeter or buffer zone around covered land4 7#b7 ,activities outside wilderness ,the fact that a nonwilderness activity or use can be seen or heard from within covered land shall not preclude the conduct of the activity or use outside the boundary of the covered land4 7f7 ,withdrawal ,subject to valid rights in existence on the date of the enactment of this ,act1 covered land is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under public land laws2 7#b7 location1 entry1 and patent under mining laws2 and 7#c7 disposition under all laws pertaining to mineral and geothermal leasing or mineral materials4 7g7 ,acquired ,land ,any land or interest in land located inside the boundaries of covered land that is acquired by the ,united ,states after the date of the enactment of this ,act shall become part of the relevant wilderness or special management area and shall be managed in accordance with this ,act and other applicable law4 7h7 ,fire1 insects1 and disease ,in accordance with section #d7;d77#a7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#a771 the ,secretary of ,agriculture may take such measures in the covered land as the ,secretary determines to be necessary for the control of fire1 insects1 and diseases1 including1 as the ,secretary determines to be appropriate1 the coordination of those activities with a ,state or local agency4 #e4 ,existing water facilities ,nothing in this ,act affects the ability to continue to maintain the ,mount ,haven1 ,mill ,d ,summer ,home1 ,beartrap1 and ,cardiff water systems that exist as of the date of the enactment of this ,act 7as shown on the map titled ,wasatch ,wilderness and ,watershed ,protection ,act and revised ,april #bc1 #bjac1 outside the boundaries of the wilderness additions and special management areas designated by this ,act4 #f4 ,land exchange1 ,uinta-,wasatch-,cache ,national ,forests1 ,utah 7a7 ,definitions ,in this section3 7#a7 ,federal land ,the term ,federal land means the approximately #cbc acres of ,national ,forest ,system land in the ,uinta-,wasatch-,cache ,national ,forest in ,salt ,lake ,county1 ,utah1 identified as ,,nfs ,land to be ,conveyed on the map4 7#b7 ,map ,the term map means the map titled ,wasatch ,wilderness and ,watershed ,protection ,act and revised ,april #bc1 #bjac1 which map shall be on file and available for public inspection in the ,office of the ,chief of the ,forest ,service4 7#c7 ,non-,federal land ,the term non-,federal land means the parcels of private land identified as ,land to be acquired by ,,usfs on the map1 including-- 7,a7 the approximately #aaf acres of private land identified as ,white ,pine parcel on the map1 which will be incorporated into the ,lone ,peak ,wilderness as provided in subsection 7h77#a72 7,b7 the approximately #bff acres of private land identified as ,superior parcels on the map1 which will be administered as a special management area as provided in subsection 7h77#b72 7,c7 the approximately #afj acres of private land identified as ,high ,uintas parcel on the map1 which will be incorporated into the ,high ,uintas ,wilderness as provided in subsection 7h77#c72 and 7,d7 such other lands owned by ,snowbird that are acceptable to the ,secretary as components of the land exchange authorized and directed by this section1 except that such lands may not replace any of the lands identified in a preceding subparagraph4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#e7 ,snowbird ,the term ,snowbird means ,snowbird ,ltd41 a ,utah ,limited ,partnership4 7b7 ,land exchange 7#a7 ,authorized and directed ,if ,snowbird offers to the ,secretary the land described in paragraph 7#b71 the ,secretary shall-- 7,a7 accept the land for management as provided in subsection 7h72 and 7,b7 convey and quitclaim to ,snowbird all right1 title1 and interest of the ,united ,states in and to the ,federal land4 7#b7 ,snowbird offered lands ,the private land offered by ,snowbird in the land exchange shall include1 in priority order1 all right1 title1 and interest of ,snowbird in the parcels identified in subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7a77#c7 and such other lands agreed upon as part of the exchange to be conveyed to the ,united ,states under subparagraph 7,d7 of such subsection4 7#c7 ,existing rights ,the conveyance of the ,federal land under this section shall be subject to valid existing rights4 7#d7 ,title ,as a condition on the consummation of the land exchange1 title to the non-,federal land must be acceptable to the ,secretary1 which shall be determined in conformity with the title standards of the ,attorney ,general4 7#e7 ,compliance with existing law ,except as otherwise provided in this section1 the ,secretary shall carry out the land exchange under this section in accordance with section #bjf of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf74 7c7 ,land descriptions 7#a7 ,survey requirement ,the exact acreage and legal description of the ,federal land and non-,federal land to be exchanged under this section shall be determined by surveys approved by the ,secretary4 7#b7 ,reconfiguration of lands ,by mutual agreement1 the ,secretary and ,snowbird may reconfigure the land to be exchanged under this section to facilitate management of the land or eliminate fragmented parcels whose management is uneconomical4 ,the use of such reconfiguration authority shall be minimized and involve the smallest quantity of acreage practicable to achieve the objectives of improving management of the exchanged land or eliminating fragmented parcels4 7d7 ,valuation 7#a7 ,in general ,the value of the ,federal land and the non-,federal land to be exchanged under this section-- 7,a7 shall be equal1 as determined by appraisals conducted in accordance with subsection 7e72 or 7,b7 if not equal1 shall be equalized in the manner provided in section #bjf7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;b771 except that the ,secretary may accept cash equalization payments in excess of #be percent to facilitate the land exchange4 7#b7 ,deposit and use of cash equalization payments ,any cash equalization payments received by the ,secretary under paragraph 7#a7 shall be deposited into the account established by ,public ,law #ij-aga 7commonly known as the ,sisk ,act2 #af ,u4,s4,c4 #dhd;a74 ,the amounts deposited shall be available1 in such amounts as may be provided in advance in appropriation ,acts1 until expended for the acquisition of lands and interests in lands for the ,national ,forest ,system4 7e7 ,appraisals ,section #bjf7;d7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;d77 shall apply to the appraisal of the ,federal land and non-,federal land1 including the conservation easement described in subsection 7g71 to be exchanged under this section1 except that the ,secretary and ,snowbird shall consult with the proposed recipient of the conservation easement in the selection of the appraiser4 7f7 ,administrative costs ,snowbird shall cover the costs of survey1 appraisal1 and any other administrative expenses related to the land exchange under this section4 7g7 ,conservation easement 7#a7 ,contingency ,the obligation of the ,secretary to consummate the land exchange under this section is contingent upon the execution of a binding agreement to convey a conservation easement1 consistent with the terms of this subsection1 for the approximately #bih acres of private land identified as ,flagstaff parcel on the map from ,snowbird to-- 7,a7 ,utah ,open ,lands 7a non-profit land trust incorporated in the ,state of ,utah72 or 7,b7 another land trust or the ,salt ,lake ,city ,department of ,public ,utilities if ,utah ,open ,lands is unwilling to accept conveyance of the conservation easement4 7#b7 ,required terms ,except as determined to be necessary by the holder of the conservation easement described in paragraph 7#a7 to meet the minimum requirements for the administration of the easement area in its undeveloped state or to protect public health and safety1 the conservation easement shall contain the following prohibitions3 7,a7 ,no subdivision4 7,b7 ,no roads1 other than temporary roads constructed and used for cleanup of mining areas4 7,c7 ,no commercial enterprises4 7,d7 ,no permanent structures1 except structures associated with avalanche control that serve to mitigate avalanche hazards to the ,town of ,alta1 ,utah1 and ,little ,cottonwood ,canyon ,road4 7#c7 ,occupancy and use of easement area ,the conservation easement shall grant the easement holder sole authority to regulate the occupancy and use of the easement area including-- 7,a7 the prohibition or restriction of motorized vehicles and equipment2 and 7,b7 the conduct of avalanche control activities4 7#d7 ,restoration and remediation ,the conservation easement shall reserve1 in the fee owner of the land encumbered by the easement1 the right to conduct restoration and remediation of hazardous substances from past mining and related construction activities on the land4 7#e7 ,effect of failure to convey easement ,if an entity described in paragraph 7#a7 is unwilling to accept conveyance of the conservation easement subject to the terms provided in this subsection1 the ,secretary is relieved of any obligation to consummate the land exchange under this section4 7h7 ,management of land acquired by the ,secretary 7#a7 ,white pine parcel ,on acquisition by the ,secretary1 the parcel identified as ,white ,pine parcel on the map shall be-- 7,a7 incorporated into the ,lone ,peak ,wilderness established by section #b7;i7 of ,public ,law #ie-bcg 7#ib ,stat4 #db2 #af ,u4,s4,c4 #aacb note7 and expanded by section #b2 and 7,b7 administered in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq47 and this ,act4 7#b7 ,superior parcel ,on acquisition by the ,secretary1 the parcel identified as ,superior parcel on the map shall be-- 7,a7 added to the ,uinta-,wasatch-,cache ,national ,forests as a special management area2 and 7,b7 administered in accordance with subsection 7c7 of section #c1 except paragraph 7#c7 of such subsection shall not apply to the parcel and the ,secretary may allow avalanche control devices within the parcel for the sole purpose of protecting public health and safety4 7#c7 ,high uintas parcel ,on acquisition by the ,secretary1 the parcel identified as ,high ,uintas parcel on the map shall be-- 7,a7 incorporated into the ,evanston ,ranger ,district of the ,uinta-,wasatch-,cache ,national ,forests2 and 7,b7 administered in accordance with the land and resource management plan for the ,uinta-,wasatch-,cache ,national ,forests4 7#d7 ,other lands ,on acquisition by the ,secretary of any non-,federal land included in the land exchange pursuant to subsection 7a77#c77;,d71 the acquired land shall be added to and administered as part of the ,uinta-,wasatch-,cache ,national ,forest1 subject to the laws and regulations applicable to the ,national ,forest ,system4 7i7 ,withdrawal ,subject to valid existing rights1 the land acquired by the ,secretary in the land exchange under this section is withdrawn from-- 7#a7 all forms of entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws relating to mineral and energy leasing4 7j7 ,environmental liabilities 7#a7 ,effect of existence of contamination ,if any of the non-,federal land is determined to be contaminated1 including contamination resulting from solid wastes1 hazardous wastes or substances1 pollutants or contaminants1 or other regulated substances1 or that the non-,federal land is in a condition that would constitute a violation of any applicable ,federal1 ,state1 or local laws or regulations related to health1 safety1 or the environment1 and that such contamination or violation existed before the date of the enactment of this ,act-- 7,a7 the ,secretary may require that such land1 or the contaminated portion of the land1 be removed from the exchange before consummation of the land exchange2 or 7,b7 the ,secretary may retain such land in the land exchange1 subject to the condition that ,snowbird agree to indemnify the ,united ,states or ,salt ,lake ,city1 as appropriate1 and pay all costs to restore or remediate any damages caused by the past release1 spill1 or disposal of hazardous substances1 pollutants1 or contaminants necessary to bring the land into compliance with all applicable health1 safety1 and environmental laws1 and furthermore1 for any discharges or draining from any man-made features on the non-,federal lands which the ,secretary retains1 ,snowbird will obtain1 and maintain1 in perpetuity1 any ,federal or ,state permits that may be or become necessary to comply with applicable health1 safety1 or environmental laws4 7#b7 ,conservation easement ,acceptance by ,utah ,open ,lands1 or another land trust or the ,salt ,lake ,city ,department of ,public ,utilities1 of the conservation easement described in subsection 7g7 shall not make the holder of the conservation easement either an owner or operator with respect to the land encumbered by the easement under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 nor shall the conveyance of the easement absolve the fee owner of the land of any liability under such ,act1 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 or any other ,federal1 ,state1 or local environmental law or regulation4 7#c7 ,hold harmless ,snowbird shall hold the ,united ,states harmless for any liability for the condition of the ,federal land received by ,snowbird in the land exchange under this section1 whether the condition on the ,federal land was caused by the negligence of the ,united ,states1 or the result of any approval by the ,united ,states of an authorized activity on the ,federal land4 7#d7 ,exception of federal land from certain covenants ,clauses 7ii7 and 7iii7 of section #abj7;h77#c77;,a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #fibj7;h77#c77;,a77 shall not apply to the conveyance of the ,federal land under this section4