HOUSE HEARING, 107TH CONGRESS - H.R. 2385 and H.R. 2488
HOUSE HEARING, 107TH CONGRESS - H.R. 2385 and H.R. 2488
HOUSE HEARING, 107TH CONGRESS - H.R. 2385 and H.R. 2488
2488
LEGISLATIVE HEARING
BEFORE THE
COMMITTEE ON RESOURCES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
(
Available via the World Wide Web: http://www.access.gpo.gov/congress/house
or
Committee address: http://resourcescommittee.house.gov
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COMMITTEE ON RESOURCES
JAMES V. HANSEN, Utah, Chairman
NICK J. RAHALL II, West Virginia, Ranking Democrat Member
Don Young, Alaska, George Miller, California
Vice Chairman Edward J. Markey, Massachusetts
W.J. Billy Tauzin, Louisiana Dale E. Kildee, Michigan
Jim Saxton, New Jersey Peter A. DeFazio, Oregon
Elton Gallegly, California Eni F.H. Faleomavaega, American Samoa
John J. Duncan, Jr., Tennessee Neil Abercrombie, Hawaii
Joel Hefley, Colorado Solomon P. Ortiz, Texas
Wayne T. Gilchrest, Maryland Frank Pallone, Jr., New Jersey
Ken Calvert, California Calvin M. Dooley, California
Scott McInnis, Colorado Robert A. Underwood, Guam
Richard W. Pombo, California Adam Smith, Washington
Barbara Cubin, Wyoming Donna M. Christensen, Virgin Islands
George Radanovich, California Ron Kind, Wisconsin
Walter B. Jones, Jr., North Carolina Jay Inslee, Washington
Mac Thornberry, Texas Grace F. Napolitano, California
Chris Cannon, Utah Tom Udall, New Mexico
John E. Peterson, Pennsylvania Mark Udall, Colorado
Bob Schaffer, Colorado Rush D. Holt, New Jersey
Jim Gibbons, Nevada James P. McGovern, Massachusetts
Mark E. Souder, Indiana Anibal Acevedo-Vila, Puerto Rico
Greg Walden, Oregon Hilda L. Solis, California
Michael K. Simpson, Idaho Brad Carson, Oklahoma
Thomas G. Tancredo, Colorado Betty McCollum, Minnesota
J.D. Hayworth, Arizona
C.L. Butch Otter, Idaho
Tom Osborne, Nebraska
Jeff Flake, Arizona
Dennis R. Rehberg, Montana
Allen D. Freemyer, Chief of Staff
Lisa Pittman, Chief Counsel
Michael S. Twinchek, Chief Clerk
James H. Zoia, Democrat Staff Director
Jeff Petrich, Democrat Chief Counsel
(II)
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C O N T E N T S
Page
Hearing held on July 26, 2001 ............................................................................... 1
Statement of Members:
Christensen, Hon. Donna M., a Delegate in Congress from the U.S.
Virgin Islands ............................................................................................... 5
Hansen, Hon. James V., a Representative in Congress from the State
of Utah ........................................................................................................... 2
Prepared statement on H.R. 2385 ........................................................... 4
Oral statement on H.R. 2488 ................................................................... 21
Prepared statement on H.R. 2488 ........................................................... 24
Resolution 01-12 submitted for the record .............................................. 26
Hefley, Hon. Joel, a Representative in Congress from the State of
Colorado ......................................................................................................... 1
Prepared statement on H.R. 2385 and H.R. 2488 ................................. 2
Statement of Witnesses:
Fulton, Tom, Deputy Assistant Secretary for Land and Minerals
Management, U.S. Department of the Interior, Washington, DC ............ 5
Prepared statement on H.R. 2385 ........................................................... 6
Oral statement on H.R. 2488 ................................................................... 27
Prepared statement on H.R. 2488 ........................................................... 28
Harja, John A., Manager of Legal Analysis, Governors Office of Planing
and Budget, State of Utah, Salt Lake City, Utah ...................................... 36
Prepared statement on H.R. 2488 ........................................................... 38
Johnson, Dr. Sheldon B., St. George, Utah .................................................... 12
Prepared statement on H.R. 2385 ........................................................... 13
Larkin, Colonel Thomas, Director, Utah Test and Training Range, U.S.
Air Force, Hill Air Force Base, Utah ........................................................... 29
Prepared statement on H.R. 2488 ........................................................... 31
McArthur, Hon. Daniel D., Mayor, City of St. George, Utah ........................ 9
Prepared statement on H.R. 2385 ........................................................... 11
Young, Larry, Executive Director, Southern Utah Wilderness Alliance,
Salt Lake City, Utah .................................................................................... 40
Prepared statement on H.R. 2488 ........................................................... 41
(III)
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HEARING ON H.R. 2385, TO CONVEY CERTAIN
PROPERTY TO THE CITY OF ST. GEORGE,
UTAH, IN ORDER TO PROVIDE FOR THE
PROTECTION AND PRESERVATION OF CER-
TAIN RARE PALEONTOLOGICAL RESOURCES
ON THAT PROPERTY, AND FOR OTHER PUR-
POSES; AND H.R. 2488, TO DESIGNATE CER-
TAIN LANDS IN THE PILOT RANGE IN THE
STATE OF UTAH AS WILDERNESS, AND FOR
OTHER PURPOSES.
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man for being here today as well as for all of our witnesses, and
I look forward to todays testimony.
We do not have a ranking member present yet, but do you have
a statement that you would like to make, or we will just save the
statement until the ranking member arrives.
Statement of The Honorable Joel Hefley, Chairman, Subcommittee on
National Parks, Recreation, and Public Lands, on H.R. 2385 and H.R. 2488
Good afternoon and welcome to the hearing today. This afternoon, the Sub-
committee on National Parks, Recreation, and Public Lands will hear testimony on
two billsH.R. 2385 and H.R. 2488.
H.R. 2385, introduced by Chairman Hansen, would convey certain property to the
city of St. George, Utah, in order to provide for the protection and preservation of
certain rare paleontological resources, and for other purposes.
The other bill, H.R. 2385, also introduced by Chairman Hansen, would designate
certain lands within the Pilot Mountain Range in the west desert region of the State
of Utah as wilderness. Based on the submitted testimony, I suspect we will have
quite a discussion on this bill.
I want to thank Chairman Hansen for introducing these two bills, which are obvi-
ously very important not only to the people of the State of Utah, but also to many
throughout the United States. I would also like to thank the Chairman for being
here today as well as all of our witnesses. I look forward to todays testimony.
I now yield to the Ranking Member, Ms. Christensen for an opening statement.
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Dr. Christensen?
STATEMENT OF HON. DONNA CHRISTENSEN, A DELEGATE IN
CONGRESS FROM THE U.S. VIRGIN ISLANDS
Mrs. CHRISTENSEN. Thank you, Mr. Chairman. I apologize for
being late. I had to come back over from Dirksen.
Today, the Subcommittee is going to receive testimony on two
unrelated bills which deal with resources found within the State of
Utah. Our first bill, as you heard from, I am sure, the chair but
also chair of the entire Committee, H.R. 2385, requires the Sec-
retary of the Interior to buy up to 20 acres and give this property
to the City of St. George, Utah. The private property in question
contains dinosaur tracks that were discovered last year. The re-
quirement to buy the site and give the land to the city is highly
unusual.
This legislation constitutes an appropriation requiring the Sec-
retary to take funds appropriated for other purposes and spend
them on this land acquisition.
While our second bill, H.R. 2488, deals with a specific wilderness
in Utah, this is not a new issue for our Subcommittee. The Pilot
Range Wilderness and the management language of H.R. 2488
were part of H.R. 3035, a bill considered by the Subcommittee last
Congress. That legislation, especially its management language,
was controversial, and the Subcommittee eventually failed to act on
that bill.
Mr. Chairman, the bills before us today raise a number of issues
that we would want to carefully consider. We appreciate the pres-
ence of our witnesses and our Chairman and look forward to their
insights on the legislation before us. Thank you.
Mr. HEFLEY. Thank you. Let us go with our first panel: Mr. Tom
Fulton, deputy assistant secretary for land and minerals manage-
ment for the Department of the Interior.
Mr. Fulton?
STATEMENT OF TOM FULTON, DEPUTY ASSISTANT
SECRETARY FOR LAND AND MINERALS MANAGEMENT, U.S.
DEPARTMENT OF THE INTERIOR
Mr. FULTON. Thank you very much, Mr. Chairman, Mrs.
Christensen, Chairman Hansen, other members of the Committee.
I appreciate very much the opportunity to testify today in support
of H.R. 2385, the Virgin River Dinosaur Footprint Preserve Act.
The bill directs the Secretary of the Interior to purchase and then
convey to the City of St. George, Utah, certain property on which
dinosaur tracks have recently been discovered.
The site involved is located on private property within the St.
George city limits. Discovery of these tracks within the city is cer-
tainly locally unique, and they represent a potential focus for local
interpretive efforts. The State of Utah has some of the most con-
centrated and significant paleontological resources of any region of
the country. The administration supports H.R. 2385 with amend-
ments to address, among other things, the following concerns.
The first is deadlines. We understand that if these tracks are to
be protected, there is a degree of urgency. The bill includes sched-
ules that reflect this urgency but do not allow enough time, in our
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the establishment of a non-profit foundation, perhaps involving the State of Utah,
Washington County, and the City of St. George. This foundation would provide for
the long term operations, maintenance, and educational interpretation of the site.
The Department of the Interior would provide long term technical assistance.
The Administration stands ready to work with the Subcommittee on language to
address these concerns. We recognize the significance and importance of these dino-
saur tracks to the city of St. George and the residents of Washington County. We
applaud their efforts to secure these tracks and protect them from further disturb-
ance and deterioration so that they might be shared with the public.
This concludes my testimony. I am pleased to answer any questions the Com-
mittee may have.
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thing that the Chairman alluded to, and I could not agree more is
this is something that has almost international scope. You know,
in the northern end of Utah, we have something called Jansen, and
we made that a national monument years ago. People are now ask-
ing to make it a park. I do not know if it qualifies. Maybe it does;
I do not want to get into that. I will get in trouble with the people
up in Vernal. But you get yourself in a situation where I really
think that you have got something comparable or better. And so,
it would be a shame to let this slip between our fingers because of
bureaucracy and crossing Ts and dotting Is, but I know that all
has to be done.
So I honestly would just urge you folks from the Department of
the Interior to help us out all you can. It is something that we do
not want to see deteriorate in front of our eyes. So I thank you so
much for being here and your excellent testimony, and thank you,
Mr. Chairman.
Mr. FULTON. Thank you.
Mr. HEFLEY. Any further questions, Committee?
If not, thank you very much, Tom. You will be around here for
the next bill, I assume.
Mr. FULTON. Yes, sir.
Mr. HEFLEY. Panel number two will be made up of the Honorable
Dan McArthur, who is the Mayor of the City of St. George, Utah;
Dr. Sheldon Johnson, who is the discoverer of Johnson Farm Dino-
saur Site at St. George.
Mr. Mayor, why do we not start with you?
STATEMENT OF THE HON. DAN McARTHUR, MAYOR,
ST. GEORGE, UTAH
Mr. MCARTHUR. Thank you, Mr. Chairman and members of the
Committee. I would like to thank you for this opportunity to pro-
vide testimony on this important project which will preserve a na-
tional treasure. My name is Daniel D. McArthur, and I am the
mayor of the City of St. George, Utah, and I am here on behalf of
the city today. This legislation is most important to the City of St.
George for several reasons which I will attempt to quantify in my
testimony today.
I would like to give you a brief history of the significant events
surrounding the incredible scientific and educational find of dino-
saur tracks. Dr. Sheldon Johnson was leveling a small, sandy hill
on his property adjacent to the Virgin River in the City of St.
George. He was turning over rocks when he uncovered what has
been classified as one of the best collections of dinosaur tracks ever
found anywhere in the world.
The footprints are actually a cast of the foot where, 200 million
years ago, dinosaurs walked and stepped in 8 inches of clay. The
clay rested on a layer of rock that filled with sand. It was perfect
for making footprints. So far, at this site, two species of carnivores
or meat eaters have been identifies; also, tracks of herbivores or
plant eaters known as prosauropods have been found. These tracks
have not yet been definitely identified.
The largest of the carnivore tracks at this location are of a dino-
saur known as dilophosaurus. The word dinosaur means terrible
lizard in the ancient Greek language, and when you break down
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Statement of Daniel D. McArthur, Mayor, City of St. George, Utah, on
H.R. 2385
Mr. Chairman and Members of the Committee:
I would like to thank you for this opportunity to provide testimony on this impor-
tant project which will preserve a national treasure. My name is Daniel D.
McArthur, and I am Mayor of the City of St. George, Utah, and I am here on behalf
of the City today. This legislation is most important to the City of St. George for
several reasons which I will attempt to quantify in my testimony today.
I would like to give you a brief history of the significant events surrounding this
incredible scientific and education find of dinosaur tracks:
Dr. Sheldon Johnson was leveling a small sandy hill on his property adjacent to
the Virgin River in the City of St. George. He was turning over rocks when he un-
covered what has been classified as one of the best collections of dinosaur tracks
ever found anywhere in the world. The footprints are actually a cast of the foot,
where two hundred million years ago dinosaurs walked and stepped in eight inches
of clay. The clay rested on a later of rock that filled with sand. It was perfect for
making footprints.
So far, at this site two species of carnivores, or meat eaters, have been identified.
Also, tracks of herbivores, or plant eaters, known as prosauopods have been found.
These tracks have not yet been definitely identified.
The largest of the carnivore tracks at this location are of a dinosaur known as
Dilophosaurus. The word dinosaur means terrible lizard in the ancient Greek lan-
guage. When you break down the word Dilophosaurus, di means two, and lopho
means ridges, and saurus means lizard, thus two ridged lizard. It is believed
that at the hips he stood about as high as a small to medium sized horse, and was
approximately 20 feet long. He would have weighed between 700 and 1000 pounds.
The Dilophosaurus was the dominant predator of its time. Dilophosaurus did not
overpower its prey; it slashed and tore the flesh of its victim until it fell. It was
fast and agile. Three of the four fingers on the hands had claws that gripped and
tore at the prey when it was feeding.
As you are probably aware, there are several sites in Utah where dinosaur tracks
have been found, but this is the only one providing a unique look at what is basi-
cally a cast of a dinosaurs foot.
St. George is located in the middle of several national parks and other natural
wonders of the world. The discovery of these magnificent tracks provide the United
States, the State of Utah, and the City of St. George with a great opportunity, as
well as a sacred obligation to preserve the past. This dinosaur track find provides
a unique opportunity for the aforementioned governmental entities to come together
to preserve what could legitimately become a national and world treasure, possibly
the only one of its kind on earth.
Because of St. Georges location in the middle of so many national parks and
along the I15 freeway corridor, establishment of this national preserve would make
the tracks available to millions of potential visitors from every state and foreign
country. Establishment and protection of this resource would provide economic, edu-
cational and cultural benefits to a wide cross-section of the public. Scientific re-
search would also be provided if this site is preserved because most of the site has
yet to be excavated. The State of Utah is interested in digging the rest of the site
and has earmarked funds to pursue this additional excavation if the site can be se-
cured. This scientific and educational opportunity is incredible and does not come
around very often.
The City of St. George supports approval of H.R. 2385 for the following reasons:
A. This bill provides for a partnership of federal, state, and local resources to pre-
serve a national treasure.
B. This bill provides an opportunity for scientific and educational research
through on-site excavations.
C. This bill preserves an asset that over 150,000 people have visited during its
first year without promotion or adequate facilities.
D. This bill provides economic development opportunities for increased tourist
traffic to Southwestern Utah.
E. This bill provides potential new visitors to the national parks and monuments
in Southern Utah and Northern Arizona.
Approval of this bill would begin the process which must occur if we are going
to preserve the historic find for future generations to enjoy.
Again, I would like to thank you, Mr. Chairman and members of this Committee,
for the opportunity you have given me to present this testimony. I would strongly
urge you to approve H.R. 2385 so this mutually beneficial project to preserve these
historic dinosaur tracks can go forward. Thank you.
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STATEMENT OF SHELDON JOHNSON, DISCOVERER OF
JOHNSON FARM DINOSAUR SITE, ST. GEORGE, UTAH
Mr. JOHNSON. Thank you, Mr. Chairman, for the invitation to
speak on behalf of the dinosaur discovery that holds so much value
to so many people in our nation and around the world. I especially
want to thank Representative Hansen for drawing all responsible
parties together in an effort to save these unique scientific artifacts
for future generations.
My name is Sheldon Johnson. I am a retired optometrist who de-
veloped a small farm some 30 years ago to teach five sons how to
work. Years ago, I donated some of my farm ground to the City of
St. George for a road, and about a year and a half ago, the city
began improving that dirt road, and they cut through a small hill.
I felt that I should bring this hill down to the level of the road. I
took about 20 feet of the hill off and hauled the dirt away, and I
came upon a large layer of rock that was very peculiar. It came out
in chunks, three foot wide, two foot thick and 20-foot long with per-
fectly straight edges and sides.
Kelly Bringhurst, a geology professor at Dixie State College in
Utah said that is Jurassic mudstone from the age of the first dino-
saurs. I then looked for dinosaur impressions on the top of those
rocks but saw none. Then, hauling away rock one day, I acciden-
tally turned a large stone over and found on the bottom of these
huge stones perfect casts of dinosaur feet. They were so startling
to me that I could hardly believe what I was seeing. As I turned
over the rocks I had lifted up, I found that I had casts or native
tracks of over 300 dinosaur feet.
Only half of the stones on the sites have even been revealed yet.
There is much more to discover. These trace fossils, preserved un-
derground for 200 million years, are now exposed to the high desert
temperatures, the wind and rain and cold. They will deteriorate
and have deteriorated and suffer adverse effects until we are able
to place them in a more protective environment.
This discovery site inside the City of St. George is about one mile
off Interstate 15 and is bordered to the south by the Virgin River,
which is the drainage source of Zion National Park. Those beautiful
salmon and white cliffs are clearly seen from this 2,000-foot ele-
vation, but from this point, the earth rises to 10,500 feet and thus
provides a breathtaking panorama to visually teach the geology of
our earth.
Utah State Paleontologist Dr. James Kirklandhe is the consult-
ant to Discovery Channel on Walking with Dinosaursenthusiasti-
cally verifies our discovery and has been a great help, as has Dr.
Wade Miller of BYU. Renowned scientist and author Dr. Martin
Laughley, world-recognized authority on dinosaur tracks and a
most avid supporter of ours would like to bring a third scientific
team to continue exploration as the protective housing is under-
way.
These and other scientists tell us these tracks are the very best
yet discovered; that they show two distinct species of dinosaurs and
significant signs of others. These artifacts show details of dinosaur
anatomy never before seen. Paleontologists and geologists from
around the world who visit this site agree with us that sharing this
discovery with the scientific community means we will continue
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who developed a small farm some thirty years ago to teach our five sons a good
work ethic. They helped clear the land, level it, plant it, and harvest crops as they
earned money for college the hard way, and grew in strength and character.
They are now productive tax-paying family men and engineers. One of these tax-
paying sons who worked on the family farm has Down syndrome. He has worked
for J.C. Penneys for 35 years, lives independently with his wife, and is a licensed
driver who drives his wage-earned car well.
I believe that joy in hard work pays many unseen dividends, and I believe that
sharing the results of that hard work also brings joy.
This past year and a half of our great effort and expense trying to share our dino-
saur discovery and to preserve this historic scientific treasure has been both hard
work and rewarding as we have met good people from all over the world.
I guess this started many years ago when I donated some of my farm land to the
city of St. George for a road they wanted to put through. About a year and a half
ago the city began improvement on this dirt road, and they cut through a small hill
on the farm. I talked my sons and partner into buying a track hoe and allowing
me to dig down this hill which was thirty or forty feet high to bring the property
more to the level of the road.
After I took about twenty feet of the hill off and hauled the dirt away, I came
upon a layer of rock that was very peculiar. It came out in chunks three feet wide,
two feet thick and ten to twenty feet long, with perfectly straight edges and sides.
I asked Kelly Bringhurst, my stepson who is a Geology professor at Dixie State Col-
lege of Utah what this stone was and he said it was Jurassic mudstone from the
age of the first dinosaurs 204 Million years ago. I looked for dinosaur impressions
on the top of the rocks but didnt see any.
Then one day I accidentally turned a large stone over and on the bottom of these
very large blocks of stone were perfect casts of dinosaur feet. They were so startling
to me I could hardly believe what I was seeing. Each rock I turned over had several
really fantastic casts of large and small dinosaur feet. (I later would learn terms
like Grallator and Eubrontes.
Life took a big change as my wife and I unexpectedly found ourselves with a new
job of greeting visitorswhich for the first three months usually went from 8 oclock
in the morning until about 9:30, or until it was too dark to see at night, seven days
a week. Finally a gentleman stepped in and said, You have got to have some volun-
teers here or you are going to kill yourselves. This is never going to end!
We are so grateful to the good people who have stepped up to volunteer at their
site!
When I finished turning over all the rocks I had lifted up, I found that I had casts
of over three hundred dinosaur feet. There is at least again as much area of Juras-
sic mudstone that remains to be lifted up and needs to be scientifically investigated.
Dr. Wade Miller of Brigham Young University was the first scientist to visit and
verify this Jurassic discovery. Soon after, many scientists came.
Utahs State Paleontologist Dr. James Kirkland (consultant to Discovery Chan-
nels Walking With Dinosaurs, and world renowned author and dinosaur track ex-
pert Dr. Martin Lockley tell us that our tracks show two distinct species of dino-
saur, and possibly more. They show details of dinosaur anatomy never before seen.
Fortunately, Dr. Lockley completed measuring, tracing, and photographing a four-
step tail drag on a surface layer of the site before it became weather worn.
I have built a shade cover for the overturned prints, but during this past year
and a half these trace fossils (that have been preserved underground for over two
hundred million years in more ideal conditions) have been exposed to the high
desert temperatures, wind, rain, and cold. These marvelous artifacts will continue
to suffer adverse effects until we are able to protect them in a more managed envi-
ronment.
As geologists and paleontologists have come from around the world to our site to
see the foot casts, and trace fossils, they all agree with our decision not to turn over
more stones until we have a way to preserve and protect this world class scientific
discovery.
We also agree that sharing this discovery with the scientific community means
we will continue this excavation in a very organized way that will benefit not only
the inquiring or curious mind, tourists and students alike, but in a way that will
produce the most complete, detailed information about our worldevidence of plant
and animal life of the world of dinosaurs 204 million years ago.
As we have shared these artifacts with people from all over the world they have
all agreed that a permanent museum needs to be built to protect and preserve and
make available the thrill of discovery to children and adults from all walks of life.
Enclosed is a sample of our guest register taken from a part of an hour in May
2000. It indicates the feelings people get in sharing this discovery.
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A sample count of a typical day from our register shows us 900 people from twen-
ty-nine states and five different nations visited our site that day.
The site is easily accessible inside the city of St. George on what is now a major
road about one mile from the freeway. The property is bordered to the south by the
Virgin River which is the drainage source of Zion National Park. The beautiful
white and salmon colored cliffs of the park can be seen from the discovery site. The
elevation of our site is about 2000 feet, but from this place the vista of earth layers
rise to 10,500 feet! Thus, an unusually varied view greets the visitor, providing a
favorite place to visually teach the geology of our earth.
Busses of students come to the site daily from Utah and surrounding states to
witness the wonders and feel the excitement. One day I was there when two busses
from Princeton Universitys Dept. of Geology came with graduate Geology students
to share the discovery. We have had as many as five school busses on site at one
time. Students continue to arrive from near and far.
A great number of Paleontologists have come to the site and helped us in this dis-
covery. Dr. Martin Lockley, the worlds recognized authority on dinosaur foot prints
is our most avid supporter. Dr. Lockley would like to organize a scientific discovery
team to continue the find as soon as we have a place to put the artifacts. Dr. James
Kirkland, Utahs state Paleontologist, has been a great help in giving authenticity
to what we have found and in guiding the state to do what they can do.
My wife, LaVerna Johnson, a retired educator, is working very hard to create a
greatly needed place of learning and discovery here. We have set up
DinosaurAH!torium, a 501(c)3 not for profit corporation to search for grants and aid
from philanthropic organizations to help fund future educational projects related to
this site.
But first we need to build a safe storage facility with a climate controlled storage
area, a scientific work area, and display area for these great artifacts where our vol-
unteers and international visitors can enjoy this scientific discovery when the tem-
perature is as high as 110 in the summer.
We feel that all must share in this dream. We will give some property, Naylor/
Wentworth, a prominent architectural firm, has volunteered talent and service and
has done a plot and elevation study of the site. Washington Mutual Savings, a local
bank, has donated a DinosaurAH!torium sign at the site so people searching can
find us. Mayor Dan McArthur and St. George City has made it possible to come this
far on the project with the help of its Parks and Recreation Department. The Wash-
ington County Volunteer Center has helped staff with wonderful daily volunteers.
This discovery site can be reached by turning off Interstate 15 at the Washington
Exit, the first St. George area exit as you enter from the north. Go south, pass
CostCo and travel about one mile until you see a DinosaurAH!torium sign on the
left side of the road. Visitors are welcome.
However, there are no freeway signs to tell people to stop. There is no advertising,
no brochure, no publicity campaign, but we have recorded as many as three thou-
sand people in a day, over five thousand on a holiday weekend, and now have had
well over 150,000 people come to see these prints in the past year and four months.
Record books kept since March 2000 tell us that people have come from every state
of our nation, and from at least fifty five different countries! And they still come.
They have heard about this amazing sight by word of mouth, by magazine and
newspaper articles they often hand carry to us from around the world, and from see-
ing several television broadcasts that have gone world wide. An interactive video
program broadcast to South America via Voice of America featured this unique dis-
covery.
Scientific journals and publications geared to the public continue to tell of our dis-
covery and its significance, the most recent article being in SCIENCE NEWS. Yes-
terdays interview from VIA Magazine, with a readership of 2.5 million people, a
new dinosaur book coming out this fall called Dinosaurs of Utah, and several other
magazine articles coming out within the next two months tell us that visitor num-
bers will only increase.
My wife LaVerna and I have traveled to many museums since that day of dis-
covery, and we find that these dinosaur foot casts are unique. She has since become
a member of the board of the Utah Museums Association (of which
DinosaurAH!torium is a member), and we work for the benefit of all the public as
we strive to save and preserve this valuable site. Utahs Office of Museum Services
is awarding a $9,000.00 grant to assist us in preserving this national treasure.
Visitors unite in a chorus of: This site must be saved. As a doctor from France
told us one day, This site does not just belong to just your country, you know. This
treasure belongs to all the world! Who will help you do this?
We have never charged money or tried to commercialize this find, but we have
received donations from guests that have helped with some of our expense. The city
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of St. George has given great support for site needs, and forty two different volun-
teers have given hundreds of hours to protecting the prints, to study, research, and
to guiding the visitors to a rewarding unique experience they will always remember.
Once our building begins we are sure that many people will step up to support,
but first we must begin. Without initial funding we are afraid pending property de-
velopment will necessitate loss of this significant discovery site.
All museums and schools indicate a desire to receive some of these Jurassic trace
fossils, and we have enough to share, but first we must take care of what is on the
sitethen we can share. We feel that these prints were given to us that people all
over the world can enjoy and feel the thrill of their existence.
With your help we will build an exciting place of preservation, discovery and
imagination for America that will inspire inquiry and education. We are asking you
to help us make a united dream of sharing come true.
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Mr. HANSEN. You regret you have only one life to give to this.
Mr. JOHNSON. I do.
[Laughter.]
Mr. JOHNSON. It has been a thrilling experience, even to come
here today. I have fulfilled a dream that we are doing something
that the whole world can really enjoy. And they do: they are so
thrilled. I showed a list of the people who come each day; com-
ments as they write their name. Behind their name is an excla-
mation of thrill, wow, exciting; the beautiful things that they say,
you know. They are all saying what a beautiful experience that
was.
I have seen grown men sitting on one of those tablets and crying
of the immensity of the thought of what happened here, and I am
sitting right next to a foot that set down 200 million years ago. It
is just breathtaking sometimes.
Mr. HANSEN. Dr. Johnson, we commend you for what you have
done for all of us, and I hope it turns into the vision that you have.
And my last question: did your five boys learn how to work?
Mr. JOHNSON. They were great examples. I have four engineers.
I have one Downs Syndrome boy who is 46 years old right now.
Because he worked on the farm, he has a drivers license; he is
married; he has a full-time job. He has driven a car for 10 years
without an accident in a busy place. He is the most successful boy
I have got, and all of the rest of them are great sons with engineer-
ing degrees.
Mr. HANSEN. Well, I am glad the initial thought worked out for
you, then, to teach the boys how to work.
Thank you, Mr. Chairman.
Mr. HEFLEY. Thank you. I thank the witnesses, and we will go
to the next panel.
Mr. HEFLEY. The next panel, for a return engagement, is Tom
Fulton, Deputy Secretary of Land and Mineral Management for the
Department of the Interior. Before we get to that, Mr. Hansen,
would you like to give an opening statement, Mr. Hansen, before
we get to the witness?
STATEMENT OF HON. JAMES HANSEN, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF UTAH
Mr. HANSEN. Thank you, Mr. Chairman.
I would appreciate it if I could have an opening statement. I
want to thank you for holding this hearing on H.R. 2488, the Pilot
Range Wilderness Area. For more than 25 years, many of us have
participated in the Utah wilderness debate one way or another.
The faces change from time to time, but the debate never seems
to end. It is an emotional debate and one with no apparent end in
sight. There have been dozens of attempts to solve the wilderness
issue over the years; none of them successful.
Now, keep in mind that Utah did do the Forest Service; we are
talking BLM here. There have been incremental approaches put
forward and comprehensive statewide proposals introduced. The
number of acres proposed as wilderness have ranged from 800,000
to 9.3 million. Along the way, we have seen national conservation
areas proposed and national monuments created; BLM wilderness
inventories and reinventories; lawsuits and appeals, but
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restricting the states ability to be proactive in wildlife management as well as the
recovery of endangered species.
The language of the bill including water rights, management of fish and wildlife
and grazing is the same language that was supported by the State of Utah and
thenSecretary of Interior Bruce Babbitt last year. If Mr. Babbitt was comfortable
with the language, I would hope my colleagues would be as well.
There is an issue unique to the wilderness areas in the Great Basin that does not
necessarily apply elsewhere in the state and that is the impact that wilderness des-
ignation might have on the Utah Test and Training Range. Overflight language has
been included in other wilderness bills. Our language is very specific to the Pilot
Range. The witnesses today will explain why we must have language specific to the
UTTR that builds upon what we have done in other areas.
Finally, I have read criticism regarding the release language included in the bill.
Opponents wail that this language is unprecedented. They are absolutely wrong
about that and do a disservice to their constituency with their claims. In fact, wil-
derness release language has been a matter of public law for years, virtually every
wilderness bill includes some type of release language. Language almost identical
to what we have in this bill was passed three times in the 106th Congress alone.
One slight difference is a reference made to ending the 202 process which is nec-
essary because Utah is the only state to have undergone an additional re-inventory
under Section 202 of FLPMA . The language in this bill reflects the agreement be-
tween Governor Leavitt and Secretary Babbitt last year to end the 202 process and
bring closure to the wilderness debate in the west desert. We intend to bring closure
to the wilderness debate in the Pilot Range with the passage of this bill.
Nothing will bind a future Congress from passing a law creating additional wil-
derness in the Pilot Range if it deems necessary and these lands will not be put
at risk by being released back into the BLM management plan. Instead, we des-
ignate wilderness in an area that was ignored by the original BLM inventory as well
as Congressman Owens and Hinchey.
Members should know that since the bill was introduced, the Automated Geo-
graphic Reference Center discovered a mapping error. The result is that the number
of acres designated using the revised maps will come in closer to 24,000 acres rather
than the 37,000 acres designated in the bill as introduced. I look forward to working
with BLM to prepare a map that accurately reflects these changes.
This is a small bill that is a small step towards resolving a much bigger issue.
But we must begin somewhere. I hope the members of the Subcommittee will join
me in this effort to begin to resolve the Utah wilderness debate one area at a time.
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like the opportunity to work with the Committee to ensure that the map is con-
sistent with the countys road management plan.
We would also like to work with the Committee on section 2(f) of the bill regard-
ing protection of military needs on the nearby Utah Test and Training Range and
Dugway Proving Ground. We are in complete agreement on the importance of the
mission of these military bases. The language of section 2(f) of this bill must ade-
quately provide for military interests while protecting the wilderness resources and
BLMs management of the wilderness area. For example, we would like to consider
expanding the scope of the proposed memorandum of understanding (MOU) to in-
clude all aspects of military use in the proposed Pilot Range Wilderness, including
placement of and access to communications and tracking systems.
In addition, we would like to work with the Committee to incorporate provisions
into the bill to ensure the protection of the Lahontan cutthroat trout (listed as
threatened under the Endangered Species Act) and its habitat. Also, because Pub-
lic Law 10665 (October 5, 1999) prohibits land use planning on BLM lands within
the Utah Test and Training Range, we would like to work with the Committee to
add language to clarify Congressional direction in this matter.
Finally, the reference to section 4(d)(7) of the Wilderness Act in section 2(c) of this
bill should be to section 4(d)(8) of the Wilderness Act.
Thank you for the opportunity to testify in support of H.R. 2488, I am pleased
to answer any questions that the Committee may have.
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bridge between the two ranges. We have a low altitude air bridge
there.
When we test cruise missiles, we oftentimes fly them around
down here; take them up this air bridge; use this mountainous ter-
rain up here to test the full capabilities of the weapon and bring
it back home to the range for impact.
Do you have any questions?
[The prepared statement of Colonel Larkin follows:]
Statement of Colonel Thomas Larkin, Utah Test and Training Range,
U.S. Air Force, Hill Air Force Base, Utah,
Mr. Chairman and members of the Committee, thank you for the opportunity to
speak to you about the Utah Test and Training Range (UTTR) and the challenges
we face in properly managing the associated range and airspace. I also appreciate
the opportunity to discuss H.R. 2488 and specifically the proposed language that
addresses the vital activities that take place on the UTTR. As the 388th Range Di-
rector, my organization provides key functions and capabilities required for support
of Air Force operational test and training programs at the UTTR. This includes
range infrastructure systems, equipment, software, targets, facilities, data proc-
essing and display, land and airspace, security, and safety.
I will begin by saying that maintaining continued access to our ranges and air-
space is absolutely critical. In fact, if our ability to train our aircrews continues to
diminish, America will soon lose its only edge in air combat proficiency. We can no
longer rely on current Air Force technology to provide an advantage against our
next adversarythat next adversary already has access to more advanced equip-
ment than ours. It is only our superior training that enables pilots to have the
upper hand in air combat. Additionally, AF ranges accommodate important civilian
industry aeronautical testing and provide for public use and natural and cultural
resource protection. We take our stewardship responsibility seriously as we balance
our training priorities with environmental concerns.
Background
The mission of UTTR is to train our warfighters and to safely test weapons that
require large amounts of airspace and landmass. This range provides the largest
overland safety footprint available in the Department of Defense (DoD) for aircrew
training and weapons testing. By footprint, I mean a large land area that can safe-
ly accommodate weapons that may be fired dozens of miles away from a target. Of
the total 12,574 square nautical miles comprising the Range, 6,010 are restricted
airspace and 6,564 are Military Operating Areas (MOAs). The range supports train-
ing customers with capabilities for air-to-ground, air-to-air, and ground force exer-
cises. This includes testing and training for allied forces, other national agencies,
civilian industry, and civilian academic institutions.
UTTR is the primary training range for the pilots who fly the F16 Fighting Fal-
con for the 388th Fighter Wing and the 419th Fighter Wing at Hill Air Force Base.
Approximately 15,800 sorties are flown annually within the UTTR airspace. These
15,800 sorties include approximately 390 test sorties, 650 B1B sorties, 380 B52
sorties, 2,500 US Navy/Marine Corps sorties, and 200 allied air forces sorties. Addi-
tionally, we conduct Cruise Missile testing, ground weapons testing, NASA support,
industry testing, as well as support to universities and high school research projects.
UTTRs capabilities are critical to the successful fielding of the weapons systems
America will depend on to secure its future. Tomorrows weapons will be more so-
phisticated and have greater ranges than the weapons of today. UTTR is ideally
suited for testing and training of these advanced systems. Since we cant predict
technology developments, we need to be able to use the capabilities of UTTR flexi-
bly. The proposed bill provides UTTR the flexibility to successfully accomplish the
mission today and tomorrow.
Comments on H.R. 2488
The Air Force supports the protection of wilderness and has many effective pro-
grams in place near our installation and training ranges with that goal in mind.
Our experience with these programs shows that, if done correctly, military training
and environmental preservation can be effectively accomplished. This proposed leg-
islation ensures that designation of the Pilot Range Wilderness does not adversely
affect our ability to conduct realistic training and testing operations. The proposed
Wilderness bill is an excellent example that military range operations and wilder-
ness areas can be compatible.
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The proposed Wilderness area in the Pilot Range interfaces with three of the key
UTTR sub-airspaces, the LUCIN A and B MOAs, and the 6404C Restricted Area.
In FY00 we flew 7780 sorties in these areas at varying altitudes from 100 feet AGL
to 58,000 feet AGL. This airspace is vital to our operation on the northern portions
of the UTTR and provide a critical air-bridge between the north and south parts
of the range, which are divided along Interstate Highway 80 (I80).
Key provisions of this legislation acknowledge the UTTR and Dugway Proving
Ground as unique and irreplaceable national assets and that continued unrestricted
access is a national security priority. We support the concept that designation of wil-
derness areas and testing and training missions are not incompatible. Under-
standing the Wilderness Act does not prohibit or restrict low-level overflights;
H.R. 2488 recognizes that fact in the provision specifically noting that low-level
overflight will not be restricted. Language allowing continued use and maintenance
of on-the-ground electronic systems, as well as the installation of newly required
systems, is also critical.
I must also emphasize the importance of Sec 2., Paragraphs (4) and (5) concerning
emergency access and or control or restriction of public access. If an accident occurs
during a military or civilian test it is imperative that we have immediate access and
authority to control all public access to the areas concernedwithout any require-
ment to gain approval from other agencies. This access is vital to protect the lives
of aircrew, insure the safety of the public, and protect classified materials and pro-
grams. Case in point, weve had an F16 go down in the Fish Springs Rangea Wil-
derness Study Areaand we were able to recover our aircraft with only minor envi-
ronmental impacts.
Summary
Maintaining our edge in air combat is directly linked to robust training capabili-
ties, capabilities inherent in continued access to AF ranges and airspace. The AF
recognizes the need to balance its test, training, and readiness requirements with
responsible stewardship. We continue to look to our installations, ranges, and air-
space to provide the AF the operational flexibility, efficiency, and realism necessary
to continuously enhance readiness while allowing commanders to minimize, to the
extent possible, the impacts of their mission on the community and the environ-
ment. Providing one of the worlds best training and test environments while pre-
serving the wilderness experience can and should be compatible.
A newspaper article from the Ogden, Standard Examiner, July 6, 2001, identifies
the UTTR as one of the most pristine spots in the nation, according to Professor
Neil West of Rangeland Resources, Utah State University.
Of the 1.7 million acres of DoD land within the UTTR complex, less than 1% is
developed for military operations while the remaining 99% is maintained in a wil-
derness-like condition. The condition of the UTTR is due in large part to the time,
efforts and resources expended by the United States Air Force to protect the envi-
ronment in accordance with the laws of the United States, the State of Utah, and
the State of Nevada. To date, Hill Air Force Base has spent approximately $4.9 mil-
lion on various environmental programs on the UTTR. Future expenditures of over
$15 million are estimated to ensure continued environmental protection. We protect
this environment to guarantee effective combat testing and training and because its
the right thing to do.
Continued access to the entire Utah Test and Training Range is of vital impor-
tance to the Department of Defense, other national agencies and civilian institutions
and industry. The future geopolitical environment remains uncertain, but one aspect
continues to be critical for the success of the United Stateswe must strive to con-
tinue testing and training in our established military ranges while minimizing the
impact of our operations on the surrounding environment. With the advent of future
airpower weapons systems requiring sufficient airspace to train in, the UTTR, along
with our other military ranges, must be preserved in their entirety. Your kind con-
sideration of these comments and your efforts to protect the UTTR as a national
treasure are deeply appreciated.
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Mr. HANSEN. And I do not know how the Air Force could even
fly.
Colonel LARKIN. Well, if we just look at this training range and
try to make our overflights, we would be unable to. To my under-
standing, there is basically 100 million acres worth of this type of
property, and we overfly approximately 10 million of that right now
without impact.
Mr. HANSEN. Does the Air Force know of any studies where you
feel it would be detrimental to wildlife?
Colonel LARKIN. No, sir, I do not. I do not know if the Air Force
does. I can take that back for the record.
Mr. HANSEN. What about to domestic animals: cows, sheep,
goats?
Colonel LARKIN. Again, I am not aware of any of those studies.
I know studies have been done, but I do not know them off the top
of my head, sir.
Mr. HANSEN. I thank you.
Thank you, Mr. Chairman.
Mr. HEFLEY. Thank you, both of you, for your testimony today.
Mr. HEFLEY. We will go to the next panel: Mr. John Harja, man-
ager of legal analysis for the Governors Office of Planning and
Budget in the State of Utah; Mr. Larry Young, executive director
of Southern Utah Wilderness Alliance.
Mr. Harja, do you want to start?
STATEMENT OF JOHN HARJA, MANAGER OF LEGAL ANALYSIS,
GOVERNORS OFFICE OF PLANNING AND BUDGET, STATE OF
UTAH
Mr. HARJA. I would be happy to.
Thank you, Mr. Chairman, for the opportunity to talk today
about H.R. 2488. To get started, I would like to explain a little bit
about a discrepancy involving some acreage. Mr. Hansen had asked
the state to put together a map and calculate the acreage for this
area that he proposed. This same area had been the subject of a
study by the State of Utah in the previous administration, Mr.
Babbitt, and that proposal had included 37,000 acres. That was a
proposal; it was no more than that, and it came to the Congress,
and it underwent some scrutiny and ultimately did not proceed.
However, as part of that proposal, Mr. Hansen indicated that he
would like to propose some changes. The result of all of that was
a little SNAFU where we got the wrong map and, in fact, we
should have told him originally that 23,000 acres were included in
his proposal, which is what is shown on that map to my left. That
is the reason there was a discrepancy. It was a SNAFU by the
State of Utah, and Mr. Hansen, we take responsibility for that.
The state would support wilderness in this area if our concerns
are met, and those concerns concern water rights, wildlife rights
and who manages wildlife, the Air Force as was just discussed, dis-
continuing the planning process for the area, no buffer zones, con-
tinuation of grazing rights, and assorted other goodies.
We spent a fair amount of time, we being the State of Utah and
the Department of the Interior under the previous administration
spent a fair amount of time out in this area. We looked at the
mountain range; we looked at the lands nearby. We looked at
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flat desert and sage lands immediately around it. That water which flows out of the
mountains is allocated to, and diverted for, various uses outside the proposed bound-
aries, including an allocation to the town of Wendover south of the range. Within
the proposed boundaries, the range naturally receives the snow and rainfall nec-
essary for the ecosystem to function. Those natural processes would remain unaf-
fected by the designation of the area as wilderness. The Department and the state
recognized this unalterable fact in 1999, and therefore agreed upon the water lan-
guage in H.R. 3035, which language is duplicated in relevant part in H.R. 2488.
The state of Utah supports the water language in Section 2 (h) of H.R. 2488 as
drafted.
Similarly, the management of fish and wildlife will remain with the state in the
proposed wilderness area. The state manages for many purposes, including the pro-
tection of species which may be declining in numbers, and may become candidates
for listing under the Endangered Species Act. The state needs to be able to be
proactive with its management, and be able to manage in a cost-effective manner.
This may require aircraft overflights to count herd size, vegetation alteration
through prescribed fires, noxious weed treatments in order to encourage native
plant growth, reintroduction of animals such as bighorn sheep, or management of
cutthroat trout in the streams coming from the mountains. These management tech-
niques can be accomplished in a manner compatible with the wilderness environ-
ment, as provided in the original wilderness act. Appendix B of the Report to the
Committee on Interior and Insular Affairs to accompany H.R. 2750 of the One Hun-
dred First Congress (H. Rept. 101405) presents further guidance on how fish and
wildlife management can be accomplished in a manner compatible with wilderness,
and the state of Utah supports the reaffirmation of these principles at this time.
The Department and the state agreed to the language on this issue in H.R. 3035,
which language is used again in H.R. 2488. The state of Utah supports the lan-
guage contained in Sections 2(c) and 2(e) of H.R. 2488.
The state of Utah supports the continued use of the land within the wilderness
areas by those ranchers who have grazing rights in the area. This is a use specifi-
cally authorized by law. House Report 101405, Appendix A, and section 101(f) of
Public Law 101628 contain further guidance on grazing in wilderness areas, and
the state supports reaffirmation of those important principles at this time. The De-
partment and the state agreed to the language in H.R. 3035, which is identical to
the language in section 2(g) of H.R. 2488. The state supports the language con-
tained in section 2(g) of H.R. 2488.
The state and the Department entered into the negotiations about a wilderness
proposal for the western regions of Utah in order to reach some finality on the issue.
Areas which met the criteria for wilderness designation, and which added substan-
tially to the wilderness system were proposed for designation. Other areas, which
may have had important functions for the economy, wildlife protection needs, or did
not add significantly to the wilderness system were not put forward. One of the
major points of the negotiation was the reaffirmation of areas not proposed for des-
ignation as multiple-use lands. The state notes that the Pilot Range was not found
suitable for protection under section 603(c) of the Federal Land Policy and Manage-
ment Act of 1976, largely because of the great amount of private land in the range
caused by the checkerboard pattern of the transcontinental railroad grant. In the
interim between the final statewide recommendation of the Bureau of Land Man-
agement for wilderness in Utah, and the 1999 negotiations, the Bureau acquired the
private land within the boundaries proposed in the current bill. Therefore, although
the land in the Pilot Range was never designated as a section 603(c) wilderness
study area, the area was studied pursuant to the provisions of section 603(c). The
area is currently a candidate for study under the process identified by the Federal
Register notice of March 18, 1999, although the study process has been placed on
hold in the area awaiting the results of an Air Force study. The Department and
the state agreed to a cessation of further study of the issue in the H.R. 3035 nego-
tiations, and the current language reflects that agreement. The state of Utah sup-
ports the language in Section 3 of H.R. 2488.
The state of Utah also strongly supports the language in Section 4 of H.R. 2488.
Many activities occur near the Pilot Range, including an interstate freeway, trans-
continental railroad and activities of the military. These activities must be allowed
to continue, and the no-buffer zone language of H.R. 2488 is designed to insure
this is the case.
The state is also very concerned about the effect of wilderness designation upon
the activities of the Air Force in the Utah Test and Training Range. The state was
adamant in the negotiations concerning the West Desert proposal that wilderness
not have an impact on the operations of the Air Force in the UTTR. The UTTR is
critical to the operation of Hill Air Force base, and the base is a crucial component
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40
of Utahs economy; one of the largest single employers in the state. I will defer to
the Air Force to state its specific requirements for bill language necessary to insure
this result.
Thank you again Mr. Chairman for the opportunity to speak. The state looks for-
ward to working with the Committee as the bill moves forward.
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Desert Wilderness Act and the California Desert Protection Act, did
not include language such as that proposed here. Specifically,
H.R. 2488 contains unprecedented language eliminating existing
BLM authority to manage land under its control. It allows the De-
partment of Defense to unilaterally install and maintain new build-
ings, equipment and temporary roads lasting up to 50 years inside
wilderness areas. It allows unrestricted perpetual motorized access
to wilderness areas, and it grants the military control over citizen
access to wilderness areas.
None of this has ever before been granted to the Department of
Defense in designated wilderness. We would not be opposed to bill
language that protected military training needs related to the pro-
posed Pilot Range Wilderness if they were based on language simi-
lar to the Arizona Desert Wilderness Act and the California Wilder-
ness Desert Protection Act.
However, the unnecessary practical effect of Section 2(f) in its en-
tirety is to cede authority to manage public lands covered by this
bill to the Department of Defense. In fact, the Department of De-
fense is given far greater control of proposed BLM wilderness in
the Pilot Range than it has over ordinary BLM lands, even those
BLM lands directly adjacent to the Hill Air Force Range some 20
miles to the east of Pilot Range.
Because H.R. 2488 is intended to serve as a template for a series
of county-level wilderness bills throughout Utah, Congress must
decide if it is willing to pass a series of bills that leave out large
tracts of qualifying wilderness, permanently bar these deserving
lands from protection as wilderness, reify unacceptable manage-
ment language and leave the issue of wilderness protection in Utah
unresolved and more contentious than ever.
For all these reasons, the implications of this bill extend far be-
yond the Pilot Range itself. Again, we cannot support H.R. 2488 as
it is currently written. We recommend that an additional 27,000
acres in the Pilot Range be added to the bill and designated as wil-
derness and that the unprecedented harmful language be replaced
by standard military overflight and equipment maintenance lan-
guage, standard water language and standard release language or
no release language at all.
Unless these and other changes discussed in our written testi-
mony are made, we urge you to reject H.R. 2488.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Young follows:]
Statement of Larry Young, Executive Director, Southern Utah Wilderness
Alliance, on Behalf of The Southern Utah Wilderness Alliance and The
Wilderness Society, on H.R. 2488
Mr. Chairman, members of the Subcommittee on National Parks, Recreation, and
Public Lands, we are pleased to have been invited today to present this testimony
regarding H.R. 2488 on behalf of the Southern Utah Wilderness Alliance and our
18,000 members in Utah and across the nation. The Southern Utah Wilderness Alli-
ance was formed in 1983 as an advocacy and educational organization dedicated to
the goal of protecting the publics unique and irreplaceable landscapes in Utah for
future generations of Americans. The lands of most concern to our members are
those administered by the Bureau of Land Management, an agency which holds in
public trust more than 23 million acres land in Utah, predominantly in southeastern
and western Utah. These lands, the spectacular mesas of sinuous canyons, the sand-
stone spires and graceful arches, the isolated desert mountains that rise like islands
out of the sagebrush sea basins, are gems of unparalleled magnificence owned by
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42
all Americans. What remains of these treasures in their national condition, unaf-
fected by development, should be placed into the National Wilderness Preservation
System, thereby maintaining a lasting legacy of protected land.
Concurring in our testimony today is The Wilderness Society, an organization of
200,000 members nationwide, founded in 1935 and dedicated to ensuring that future
generations will enjoy the clean air and water, wildlife, beauty and opportunities
for recreation and renewal that pristine forests, rivers, deserts, and mountains pro-
vide.
In order to assure that an increasing population, accompanied by expanding set-
tlement and growing mechanization, does not occupy and modify all areas within
the United States leaving no lands designated for preservation and protection in
their natural condition, it is hereby declared to be the policy of Congress to secure
for the American people of present and future generations the benefits of an endur-
ing resource of wilderness. Such was the intent of Congress in enacting the Wilder-
ness Act of 1964.
To the chagrin of the majority of Utahns, we are fast losing the extent and variety
of our wilderness. In Utah, of the 23 million acres administered on behalf of the
public by the Bureau of Land Management (BLM), only 40 percent still qualifies for
designation as wilderness. Because so little remains, Congress would be wise to set
aside more rather than less. Bold steps are necessary to protect for the future what
remains of these national treasures that are international attractions. Nowhere out-
side of Alaska is this natural heritage more in evidence than in Utah.
Most people in Utah would like to see our political leaders be bolder in their ap-
proach to settling the wilderness question. And since these are truly lands of na-
tional interest, Americans deserve better. We in Utah and others across the country
support protection of our countrys last remaining wild places in overwhelming num-
bers. We firmly believe that enactment of Americas Redrock Wilderness Act, now
sponsored by 150 Members of Congress, is the wisest course to adopt.
H.R. 2488: FUNDAMENTALLY FLAWED LEGISLATION
Unfortunately, H.R. 2488 does not share this vision. It would protect only 0.2%
of the lands deserving of wilderness designation and included in Americas Redrock
Wilderness Act. Even within the Pilot Range, the proposal excludes more than half
the land deserving of protection, even though these excluded lands contain no user
conflicts, and their designation as wilderness would enhance both the experience of
wilderness and the protection of wildlife and other wilderness resources. Worse yet,
H.R. 2488 is saddled with unprecedented hard release language that would black-
list deserving wild lands from future wilderness designation, and unprecedented
management language that would weaken the Wilderness Act of 1964. In several
instances, the unacceptable management language serves no purpose other than to
establish precedence for future wilderness bills in Utah and across the country.
Although passage of H.R. 2488 would do very little to actually resolve the conten-
tious Utah wilderness debate, the Southern Utah Wilderness Alliance would gladly
support the bill if it protected all lands in the Pilot Range that are included in
Americas Redrock Wilderness Act and if it included clean management language
that offered genuine wilderness protection that did not undermine the Wilderness
Act of 1964. However, because H.R. 2488 ignores worthy lands in the Pilot Range
and includes unacceptable management language, the Southern Utah Wilderness
Alliance does not support H.R. 2488 in its current form.
Furthermore, our opposition to H.R. 2488 extends beyond our concern with its in-
adequacies with respect to the Pilot Range. Congressman Hansen has already ac-
knowledged his intent to introduce a series of wilderness bills on a county-by-county
basis (Salt Lake Tribune, July 17, 2001, p. A4) and H.R. 2488 is intended to serve
as a template for these future bills. Congress must decide if it is willing to pass a
series of wilderness bills that shortchange acreage within proposed wilderness units,
permanently bar deserving lands from protection in the National Wilderness Preser-
vation System, reify unacceptable management language, and leave the issue of wil-
derness protection in Utah unresolved and more contentious than ever. For all these
reasons, the implications of this bill extend far beyond the Pilot Range itself.
Below, we discuss our concerns with H.R. 2488 in detail. We address the fol-
lowing:
The Pilot Range: Land Worthy of Genuine Wilderness Designation Not Offered
by H.R. 2488 (pp. 25). This section provides a description of the Pilot Range,
with special emphasis on proposed wilderness units that are partially included
in H.R. 2488.
Critical Places Omitted: Half a Wilderness (pp. 58). This section focuses on ex-
cluded portions of the Pilot Range.
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Problems with Management Language (pp. 811). This section focuses on the
unprecedented hard-release and military use language, as well as other seri-
ous management language problems in H.R. 2488.
H.R. 2488 and Utahs Wilderness: A Terrible Template for the Future (pp. 11
12). This section summarizes our opposition to H.R. 2488 as it is currently writ-
ten.
THE PILOT RANGE: LAND WORTHY OF GENUINE WILDERNESS DESIGNATION NOT
OFFERED BY H.R. 2488
The Southern Utah Wilderness Alliance, along with the more than 200 other con-
servation groups that make up the Utah Wilderness Coalition, has long been a pro-
ponent of adding lands within the Pilot Range to the National Wilderness Preserva-
tion System. The Pilot Range, located in the Great Basin on the UtahNevada bor-
der, is an outstanding example of BLM lands in northwest Utah deserving of wilder-
ness designation. The Pilots typically snow-covered peaks are more than an historic
landmarkthey are a haven both for wildlife and for human visitors seeking soli-
tude, spectacular views, outstanding hunting opportunities, and untrammeled nat-
ural conditions. Utahs Pilot Range wilderness includes alpine meadows and basins,
pinon-juniper forest, sage-covered slopes cut by rocky canyons, and rare perennial
streams; it is home to herds of elk, Rocky Mountain bighorn sheep, pronghorn ante-
lope, and mule deer, and Utahs only population of threatened Lahontan cutthroat
trout. The Pilot Range deserves permanent protection by appropriate wilderness leg-
islationunfortunately, H.R. 2488 is not it.
The Pilot Range includes three proposed wilderness units. Unfortunately,
H.R. 2488 includes only limited portions of the southern two units: the Pilot Peak
Unit and the Central Pilot Range Unit. All of the Bald Eagle Mountain Unit is ex-
cluded. Below is a description of the two partially included units followed by a de-
scription of deserving portions of the Pilot Range that have been excluded from
H.R. 2488.
Pilot Peak Unit Description: The Pilot Peak Unit straddles the Utah/Nevada state
line, with approximately 27,000 acres on the Utah side and 23,000 acres on the Ne-
vada side, giving this wilderness unit a total of about 50,000 acres of public land.
The BLM has inventoried the Utah side of the Pilot Peak unit and found it to have
wilderness characteristics. Unfortunately, of the 27,000 acres in Utah, about 14,000
acres of this deserving unit, including portions of a BLM-designated Area of Critical
Environmental Concern, are excluded from H.R. 2488.
Pilot Peak is one of the gems of the Great Basin. Its 10,716-foot symmetrical
shaped top was a landmark for early explorers and later for such famous wagon
trains as the DonnerReed Party, which passed to the east and north of this range
in 1846. This wagon train was so badly weakened and so far behind schedule from
traversing 80-plus miles of desert playa salt flats before reaching the life-giving
spring at the edge of this peak, now named Donner Spring, that they became snow-
bound in the Sierra Nevadas that fall. The peak was named by John C. Fremont
during his expedition in 1845. Kit Carson, the expeditions guide, sent ahead to lo-
cate water, found a line of springs at the eastern base, now known as McKeller
Springs. Carson is reputed to have guided the rest of the Fremonts expedition
across the salt flats by sending up smoke signals from the peak, hence Fremonts
name for it.
The Pilot Peak Wilderness Unit encompasses bench lands starting at 4,300 feet,
and climbs to lofty alpine regions of the peak and ridges at 10,716 feet, more than
a mile above the valley floors below. Pilot Peak features two perennial streams,
Donner and Bettridge Creeks (both inexplicably excluded from current or future wil-
derness designation by H.R. 2488). In April of 1977, a Utah Division of Wildlife Re-
sources (UDWR) fisheries biologist sampled Donner Creek at the request of the Bu-
reau of Land Management (BLM) and discovered Lahontan cutthroat trout. It is be-
lieved they were transplanted into Donner Creek in the early 1900s. The Lahontan
cutthroat trout derive their name from Lake Lahontan, an ancient inland fresh-
water lake which existed during the ice age in Nevada. The lake extended from
what is now Wells, Nevada, on the east, to what is now Pyramid Lake on the west.
The great lake disappeared about 13,000 years ago, leaving a remnant population
of the trout in lower lakes and streams of the Lahontan Basin in Nevada and Cali-
fornia.
Due to hybridization with other trout species throughout its original range, the
Donner Creek population is now believed to be the only pure strain of the Pyramid
Lake variety of the Lahontan cutthroat trout in existence. For this reason, in May
of 1988 the BLM designated approximately 1100 acres, including the watersheds of
both Donner and Bettridge Creeks, as an Area of Critical Environmental Concern
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(ACEC), thus providing greater protection and management of the threatened
Lahontan cutthroat trout. The species was originally listed as endangered in 1970
(35 Fed. Reg. 16047) and was reclassified as threatened (40 Fed. Reg. 29864) under
the Endangered Species Act of 1973, as amended. Unfortunately, all but the north-
ern edge of this ACEC would be excluded from current or future wilderness designa-
tion by H.R. 2488completely excluding Donner and Bettridge Creeks.
Vegetation in this region is quite diverse depending on elevation, water, and slope
angle. The upper reaches of this peak and north-facing slopes have pinon and juni-
per forests, cliffrose, mountain mahogany, aspens, willow, sagebrush and lupines.
Pinon and juniper forests, which provide diverse habitat, extend down in places to
around 5,000 feet along the bench lands. South-facing slopes and high ridge tops
are dominated by sagebrush, native grasses, and mixed mountain brush commu-
nities. Lower elevations, bench lands and drainage bottoms are a mix of
rabbitbrush, native grasses such as Indian ricegrass, and greasewood.
Wildlife is abundant, consisting of mule deer, elk, pronghorn antelope, Rocky
Mountain bighorn sheep, mountain lion, bobcat, badger, coyote, jackrabbit, cotton-
tail, various ground squirrels and rodents. The deer population is minimal through-
out the Pilot Range, but the perennial streams and associated dense vegetation
within the ACEC make this area quite important to deer year-round. The Utah Di-
vision of Wildlife Resources has identified much of this unit as high priority mule
deer and elk habitat. Raptors found within the ACEC, and throughout the unit, in-
clude the golden eagle, red-tailed hawk, kestrel, great horned owl, and Coopers and
sharpshinned hawks. An active red-tailed hawk nest has been located in the Donner
Creek drainage. Upland game birds in the ACEC consist of the mourning dove and
chukar partridge. Sage grouse and Hungarian partridge are found in Pilot Range.
Reptiles that commonly occur in the area include the Great Basin rattlesnake, Great
Basin gopher snake, and the Salt Lake horned lizard.
Views from Pilot Peak and surrounding mountain areas are impressive. A visitor
has an expansive 360-degree view of the Grouse Creek, Hogup, Promontory, Cedar,
Stansbury, Deep Creeks and the Wasatch Mountains on the Utah side of this range
and into Nevada, ranges such as the Toano, Delano, Goshute, Pequops and the Ruby
Mountains, along with many others into the Great Basin can be seen. Rising above
the vast playa salt flats of the Great Salt Lake Desert, once covered by ancient Lake
Bonneville around 15,000 years ago, one can see the Silver Islands, Crater Island,
Lemay Island, Pigeon Mountain and the Newfoundland Mountains.
Precipitation in this area mostly comes in the form of snow in the winter months
from October through April. Precipitation varies from around six inches at the lower
elevations to around sixteen inches at the upper elevations of Pilot Peak. Numerous
springs are a direct benefit from this precipitation, providing critical wildlife habi-
tat. Opportunities for hiking, backpacking, camping, horseback riding, scenic pho-
tography, hunting, wildlife viewing, backcountry skiing and sight seeing are abun-
dant throughout this entire unit.
Central Pilot Range Unit Description: The Central Pilot Range Unit is situated
in the middle of the Pilot Range in the northwest corner of Utah while a small por-
tion of the western flanks enters Nevada. It has a north-south orientation that is
typical in the Great Basin. The southern boundary utilizes the impressive Patterson
Pass jeep routewith its many granite rock outcroppingswhile the northern
boundary uses the many private inholdings and routes at the historic mining area
of Copper Mountain. The eastern boundary is a well-used route and an aqueduct
system that provides water for local ranching and for the railroad at Lucin. The
western boundary, which at times is in the state of Nevada, uses private ownership.
This wilderness unit encompasses bench lands from 5,300 feet in elevation, to al-
pine ridges at 7,800 feet, with the impressive Box, Cook, and Hogans Alley canyons
on the west and McGinty Canyon on the east. Vegetation at higher elevations and
on north-facing slopes is dominated by pinon and juniper forests, mountain mahog-
any, and mixed mountain brush communities. South-facing slopes and high ridge
tops are dominated by sagebrush, native grasses, and mixed mountain brush com-
munities. Lower elevations, bench lands and drainage bottoms are a mix of
rabbitbrush, native grasses, and greasewood.
Around 15,000 years ago, the inland sea of Lake Bonneville was shaping much
of what is these bench lands today. Several ancient lake shorelines can be seen, and
impressive deltas were formed from sediment flowing into the lake and settling.
This is most obvious on the western portion of this unit.
This region has abundant wildlife, with big game animals such as elk, mule deer,
Rocky Mountain bighorn sheep and pronghorn antelope inhabiting many portions of
this unit. Mountain lions, bobcats, badgers, coyotes, bats, ravens, and several
species of reptiles also inhabit this unit. The Utah Division of Wildlife Resources
has identified this area as high priority habitat for mule deer and elk. This region
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also lies along a major migratory route for such raptors as the golden eagle and the
red-tailed hawk, which feed on the many small mammals and rodents. Occasionally,
turkey vultures can be seen soaring above searching for a meal.
Views from this area are breathtaking. From the upper reaches of the unit, a vis-
itor has an impressive 360-degree view of the Grouse Creek, Raft Rivers, Hogup,
Promontory, Cedar, Stansbury and Wasatch Mountains on the Utah side of this
range, and into Nevada, ranges such as the Toano, Delano, Pequops and the Ruby
Mountains can be seen. In the expansive playa salt flats of the Great Salt Lake
Desert, which was once covered by Lake Bonneville, one can see the Silver Islands,
Crater Island, Lemay Island, Pigeon Mountain and the Newfoundland Mountains.
To the south, along the ridges, 10,716-foot Pilot Peak looms over the desert land-
scape below.
Precipitation in this area mostly comes in the form of snow in the winter months,
providing the necessary ground water to feed the many springs in this unit. Visitors
to this area are immediately struck by the overwhelming feeling of solitude and re-
moteness. Opportunities for hiking, backpacking, camping, horseback riding, scenic
photography, hunting, wildlife viewing, and sightseeing are abundant throughout
this entire unit.
CRITICAL PLACES OMITTED: HALF A WILDERNESS
Without explanation, H.R. 2488 excludes more than half the Pilot Ranges wilder-
ness in Utah. Of the 49,000 acres that qualify for wilderness protection, H.R. 2488
omits 27,000 acresleaving only 22,000 acres of proposed wilderness in the bill.
When H.R. 2488 was introduced on July 12, it proposed to designate 37,000 acres
of wildernessbut its sponsors already have rolled back even this truncated wilder-
ness proposal to the current inadequate 22,000 acres. (Representative Jim Hansen
and Utah Governor Mike Leavitt agreed last year that the Pilot Range wilderness
should be at least 37,000 acres, and Rep. Hansen himself introduced last year a
37,000-acre Pilot Range wilderness as part of H.R. 3035. Yet now H.R. 2488 has
moved the goalposts to a minimal 22,000 acres.)
H.R. 2488s boundary excludes the entire 12,000-acre Utah Wilderness Coalition-
proposed Bald Eagle Mountain Unit at the north end of the range. Though there
is a communication tower at the northern edge of this area, this does not detract
from its remoteness or wildness; the Bald Eagle Mountain unit is still predomi-
nantly natural in character and deserving of wilderness protection.
Inexplicably, the bill also cuts off 15,000 acres of BLM-identified wilderness from
east and south sides of the Pilot Peak Unitthis omitted wilderness clearly meets
all standards set out in the Wilderness Act, has been confirmed by the BLM as wil-
derness quality land, and has been recommended by the Governor of Utah and the
previous Secretary of the Interior for wilderness designation. It provides spectacular
views, solitude, and wildlife habitatyet H.R. 2488 fails to protect it. The Pilot
Range deserves at least 49,000 acres of wilderness, not the minimal 22,000 acres
proposed in this bill.
Why exclude parts of the Pilot Range that have been determined by the BLM to
have wilderness characteristics and that previously have been proposed for wilder-
ness designation by Governor Leavitt and Congressman Hansen? One possible ex-
planation is that these lands are primarily bench lands falling at the foot of the
mountain range. But these excluded benches and creeks (including creeks currently
a part of the BLM designated Area of Critical Environmental Concern) are an inte-
gral part of the Pilot Ranges Great Basin wilderness landscape. The BLM has rec-
ognized that these lands enhance the experience of solitude and recreation, and pro-
tect wildlife and other wilderness resources. In its 1999 FLPMA 202 Wilderness In-
ventory of another Great Basin mountain range, the Cedar Mountains, the BLM ex-
plicitly recognized that bench lands enhance solitude and offer critical wildlife habi-
tat (see BLM Utah Wilderness Inventory, http://www.ut.blm.gov/wilderness/wrpt/
wrptnwcedar.html). The same is true for the Pilot Ranges eastern bench lands
which offer views of vast open spaces to the Silver Island and Newfoundland Moun-
tains. The bench lands by themselves would be worthy of wilderness protection,
given that they would constitute a unit of more than 10,000 acres that offer rec-
reational opportunities, stunning views, and the protection wildlife. When added to
the Pilot Peak Unit, they become even more valuable.
Inexplicably, Congress is being asked not only to exclude these lands from wilder-
ness designation, but to determine that they are nonsuitable for wilderness des-
ignation (see Section 3 of H.R. 2488). This finding is particularly repugnant be-
cause the BLM has identified these lands as having the necessary qualities for entry
into the National Wilderness Preservation System, and because the sponsor of
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H.R. 2488 sponsored last years H.R. 3035, which found these very same lands
quite suitableand indeed proposed themfor wilderness designation.
Finally, H.R. 2488 also omits more than one square mile of wilderness-quality
land at the northwest corner of the Pilot Range unit, in the middle of the range.
This area, which is mostly State land, should be added to BLMs inventory unit and
included in the Pilot Range wilderness areaas part of its 1999 reinventory, BLM
made a point of drawing boundaries to include deserving State sections along the
boundaries of potential wilderness units, and this area is deserving. (In addition,
both the BLM boundary and H.R. 2488 use an incorrect road alignment on the
cherry-stemmed Patterson road; and both mistakenly include a stock tank in the
northeast corner of the Pilot Range unit.)
The ecological significance of excluded bench lands beneath the mountains of the
Pilot Range: The lower elevation benches that support Utahs distinctive Great
Basin mountain ranges are an ecologically integral, and functionally irreplaceable,
habitat type in the Great Basin desert. These ecological transition zones play an
important role in both surface and groundwater hydrology, and in fulfilling the
needs of native aquatic and terrestrial species.
Hydrologically, the benches are the link that enables both surface and ground-
water to flow from the mountains to the critical lowland valleys below, which in
turn provide a haven for migratory wetland birds and rare desert fish. Of critical
importance in the case of the Pilot Peak benches, the benches are known to contain
an amount of natural seeps and springs. Destroy these springs with roads, ORVs,
water usurpation and other developments, and the creeks that bring water from
both the springs and high mountain runoff will eventually cease to be perennial,
with certain impacts to aquatic species that live in these creeks, as well as wetlands
in the valleys below.
A prime example of the hydrologic importance of these bench lands to aquatic
wildlife is illustrated in the case of the federally listed Lahontan cutthroat trout.
The Pilot Peak range is home to the only known population of what is believed to
be the last remaining pure strain of the Pyramid Lake variety of Lahontan cut-
throat trout. As in all Great Basin mountain ranges, the Donner (a.k.a. Morrisson)
and Bettridge Creeks that support these cutthroat are susceptible to sudden high
flows, which can wash the trout clear down to the valley floor on the west slope of
the Pilot Range. Unless the benches through which these creeks flow are adequately
protected from development, future road-building, off-road vehicle (ORV) use, and
water diversions, the streams and essential protective riparian ecosystems could be-
come degraded to the point where fish washed down into the valley would not have
a functional, perennial and healthy system that would enable the trout to make
their way back up to their proper range.
Indeed, species other than fish rely on functional streams and their associated,
healthy riparian areas through the bench land transition zone. Deer and elk are
known to use healthy riparian corridors through mountain benches as a migration
route from their winter ranges on the valley floors to their summer ranges in the
mountains. And only on the benches will one find the critical cottonwood-willow as-
sociations which constitute necessary habitat for neotropical migrant birds, as well
as game birds such as chukar. The cottonwood-willow association is not found in the
coniferous zone that dominates most high mountain ranges in the Great Basin, nor
will it be found on the valley floors, where creeks either dwindle to nothing, or
water is gathered in lotic systems with emergent plant associations.
Bench land ecosystems also offer important habitat for terrestrial wildlife. A good
example is the sage grouse, which is soon to be a candidate for federal listing. While
sage grouse prefer the more open habitats of the valley floors for lek sites and
breeding, the benches (with more alluvial soil and less alkaline conditions that fea-
ture more robust grass and forb communities) offer the habitat most necessary for
nesting and brooding. Taller grass on the benches can protect nests and chicks from
predation, while higher density and diversity of forbs offer the greater nutrition re-
quired by nesting birds and their young. Right now, protection of any habitats
known to be important to sage grouse should be taken very seriously, because there
is an active petition to list this species under the Endangered Species Act.
Lastly, the bench lands excluded from H.R. 2488 are also home to many species
identified on the BLMs sensitive species list, including critical habitat for the
LongBilled Curlew and the Ringtail Cat.
The wilderness value of the excluded Bald Eagle Mountain Unit: The Bald Eagle
Mountain wildernessexcluded entirely from H.R. 2488lies on the northern por-
tion of the Pilot Range. It is situated in the northwest corner of Utah and a small
portion lies within Nevada. This wilderness unit is classic basin and range topog-
raphy, oriented in a north to south direction and has elevations from 5,000 to over
8,000 feet at the mountain summit. Deep canyons run east and west from the ridge
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lines and are covered in pinon pine and juniper forests. Mountain mahogany and
mixed mountain brush communities dominate the north-facing slopes, while the
south-facing slopes and ridge tops are dominated by sagebrush and native grasses.
Rabbitbrush, native grasses and greasewood are common in drainage bottoms and
bench lands.
Views from this area are spectacular with the Silver Islands, Crater Island,
Lemay Island, Pigeon Mountain and the Newfoundland Mountains all surrounded
by the expansive playa salt flats of the Great Salt Lake Desert which was once cov-
ered from the inland sea of Lake Bonneville around 15,000 years ago. Distant views
to the Grouse Creeks, Raft Rivers, Hogup, Promontory, Cedar, Stansbury and the
Wasatch Mountains can be seen out on the Utah side of this range. Into Nevada,
ranges such as the Toano, Delano, Pequops and the Ruby Mountains can be seen.
Though there is a communication tower at the northern edge of this area, this does
not detract from its remoteness or wildness; the Bald Eagle Mountain unit is still
predominantly natural in character and deserving of wilderness protection.
Wildlife is abundant in this region. Mountain lions, elk, mule deer, Rocky Moun-
tain bighorn sheep, pronghorn antelope, bats, ravens and reptiles inhabit this unit.
This region also lies along a major migratory route for such raptors as the golden
eagle and the red-tailed hawk. The southern portion of the unit contains interesting
and historic mining activity, including the remains of a aerial tramway that once
hauled ore off the mountain. Visitors to this area are immediately stuck by the over-
whelming feeling of solitude. Opportunities for hiking, camping, horseback riding,
scenic photography, hunting and sight seeing are abundant throughout this entire
unit. The Bald Eagle Mountain Unit is also likely home to many species identified
on the BLMs sensitive species list, including: high-value habitat for the Bobolink,
Burrowing Owl, Ferruginous Hawk, Osprey, Swainsons Hawk, and ShortEared
Owl, and critical habitat for the Ringtail Cat.
PROBLEMS WITH MANAGEMENT LANGUAGE
In the history of enacting wilderness legislation, which to date has added a total
of 106 million acres to the National Wilderness Preservation System, great care has
been taken to maintain the purity of the wilderness concept and to observe standard
prescriptions that have made consistent in large measure the management of wil-
derness. H.R. 2488 contains unacceptable new prescriptions that diverge from this
pattern of consistency in management prescriptions. This legislation is sadly flawed
and, if enacted as currently drafted, would result in a pronounced weakening of wil-
derness standards. The Southern Utah Wilderness Alliance cannot support erosion
of the wilderness concept as embodied in H.R. 2488. Below, we discuss in detail sev-
eral sections of H.R. 2488 which raise serious, significant concerns that must be
brought to light and addressed before this bill can pass muster.
Section 2(e): We are concerned that Section 2(e) as written would permit construc-
tion within wilderness areas of water developments such as game guzzlers, de-
signed to increase the population of non-native species. Construction of any new fa-
cility in wilderness (except for narrow exceptions) is inconsistent with the definition
of wilderness in the 1964 Wilderness Act. This section must be revised to clarify
that management activities do not include construction of facilities for water sources
to artificially increase populations of either non-native or native species.
Section 2 (f): This section represents one of the most disturbing provisions of the
entire bill. The language far exceeds anything ever included in any wilderness bill
for public lands. More than 100 wilderness laws have been enacted. All but two
have been silent with respect to military use. The two that included language re-
lated to military use, the Arizona Desert Wilderness Act of 1990 and the California
Desert Protection Act of 1994, did not include language such as that proposed here.
Rather, each bill put in place adequate protections to ensure that the military would
be able to conduct low-level overflights and to maintain existing communication and
tracking installations.
Specifically, H.R. 2488 contains unprecedented language eliminating existing
BLM authority to manage lands under its control. It allows the Department of De-
fense to unilaterally install and maintain new buildings, equipment, and temporary
roads lasting up to 50 years inside designated wilderness areas; it allows unre-
stricted perpetual motorized access to wilderness areas; and it grants the military
control over citizen access to wilderness areas. None of these new rights have ever
before been granted to the Department of Defense in designated wilderness. In addi-
tion, the plain text of Section 2(f) would exempt the Department of Defense from
other land management statutes such as FLPMA, NEPA, and the ESA, statutes
that fully apply to the Department in almost all circumstances.
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The Southern Utah Wilderness Alliance would not be opposed to bill language
that sought to enact protections for military training needs related to the proposed
Pilot Range wilderness if they were based on language similar to the Arizona Desert
Wilderness Act of 1990 and the California Desert Protection Act of 1994. In addi-
tion, given that the Wilderness Act of 1964 already provides for emergency access
and response in the event that human life or health is at risk, the language in Sec-
tion 2 (f)(4) is unnecessary and redundant.
However, the unnecessary practical effect of Section 2 (f) in its entirety is to cede
authority to manage public lands covered by this bill to the Department of Defense.
In fact, H.R. 2488 would give the Department of Defense far greater control of pro-
posed BLM wilderness in the Pilot Range than it has in the 20 miles of ordinary
private, State, and BLM lands between the proposed Pilot Range wilderness and the
Hill Air Force Bombing and Gunnery Range.
Proponents of this bill may argue that national security rests upon inclusion of
the language contained in H.R. 2488. They may even call into question the patriot-
ism of those who challenge the necessity of the language. However, their argument
is flawed for several reasons.
First, no one denies that the nations military readiness is an extremely important
matter, but it should be noted that significant acreage near the Utah Test and
Training Range where such preparedness is practiced has been included in Wilder-
ness Study Areas for more than ten years. The Air Force has flown hundreds of sor-
ties, or practice runs, annually during the last decade, and military personnel at
Hill Air Force Base have acknowledged that Wilderness Study Areas have in no way
affected their ability to ensure pilots are properly trained, equipment thoroughly
tested, and emergencies quickly handled. The Air Force already has a working
agreement with the Department of Interior for emergency access, recovery of equip-
ment, and the like. Designating the Pilot Range as wilderness with more appro-
priate management language than that contained in H.R. 2488 would continue to
protect military interests and national security without degrading the Wilderness
Act of 1964. For example, military operations have not been hampered or com-
promised by the more acceptable management language in the Arizona Desert Wil-
derness Act of 1990 and the California Desert Protection Act of 1994.
Second, if national security really does rest upon ceding control of the proposed
Pilot Range wilderness to the Department of Defense, as H.R. 2488 would, then it
follows that all the land between the proposed wilderness and the Hill Air Force
Bombing and Gunnery Rangesome 20 miles awaymust be of equal or greater
importance to national security and in need of similar or more stringent manage-
ment language. It follows that practical control of these other lands also ought to
be turned over to the Department of Defense so that it could unilaterally build in-
stallations and roads and control human access. Yet H.R. 2488 remains silent with
respect to these lands even as it seeks to reify language that would weaken the pu-
rity of wilderness protection in future wilderness bills.
In summary, Section 2(f)(3) and (5) go far beyond anything ever included in pre-
vious wilderness bills, they are not necessary to provide for military training needs,
they give the BLM less control over BLM wilderness lands than other BLM lands
(even other BLM lands closer to the Hill Air Force Range), they give the military
unilateral authority to close or restrict public access to Department of Interior ad-
ministered public lands, they allow wilderness designation to be used as an excuse
to expand Air Force control beyond lands specifically withdrawn for military use.
Members of Congress should recognize Section 2(f) for what it isan anti-wilder-
ness initiative that is unnecessary, erodes the authority of the Department of Inte-
rior, and unnecessarily restricts individual freedom that is not restricted on other
public and private land far closer to the Hill Air Force Bombing and Gunnery
Range.
Section 2(h): This section on water rights is one of the most troublesome because
it diverges from the management language that has been used in the vast majority
of past wilderness bills. It should go without saying that a wilderness requires
water, especially a desert wilderness like the Pilot Range. The Wilderness Act de-
fines wilderness as a place where the earth and its community of lifeits eco-
systemsare untrammeled by man. Ecosystems require adequate water to sustain
their plant and animal communities. Yet H.R. 2488 expressly prohibits the reserva-
tion of any water right for wilderness in the Pilot Range, leaving open the possi-
bility that critical watersheds could become entirely dewatered, threatening the
long-term survival of the Pilot Ranges wild ecosystems. It is imperative to get a re-
served water right for this wilderness arealocal wildlife, including the threatened
Lahontan cutthroat trout, need it, and it would set a terrible precedent not to get
reserved water for this island range surrounded by desert. Indeed, the BLM has
designated an Area of Critical Environmental Concern to protect the two Pilot
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Range creeks that harbor these threatened fisha very important water-related re-
source. Yet H.R. 2488 includes another unexplained special finding, the suggestion
that Congress would recognize that there is little or no water-related resources in
the Pilot Range Wilderness. The fact that these important threatened fish and
other wildlife depend on the Pilots scarce water, should lead to the logical conclu-
sion that the scarcity of water should require an express water right.
In the California Desert Protection Act and the Arizona Desert Wilderness Act,
Congress expressly provided a water right with identical language: Congress here-
by reserves a quantity of water sufficient to fulfill the purposes of this title. Water
rights are adjudicated by State water laws, and nothing in the California or Arizona
legislation or other wilderness bills has ever superseded State law, which means
that the water right conferred upon wilderness is junior to all existing rights and
claims at the time of enactment. There would be no usurpation of existing water
rights. H.R. 2488 must expressly reserve a water right for wilderness by using the
same language as the California Desert Protection Act and the Arizona Desert Wil-
derness Act, or the legislation will remain unacceptable.
Section 3: Wilderness release is one of the most important matters in legislation
of this type because wilderness is a non-renewable resource and once it is gone, it
is likely gone forever. Therefore, Congress and the conservation community have
been extremely vigilant in safeguarding the opportunity to designate lands in the
future that qualify but that are not included in a specific piece of legislation at the
time of its enactment.
The wilderness release language in H.R. 2488 has two major flaws that under-
mine the wilderness process laid out under the Wilderness Act of 1964 and FLPMA.
First, Section 3 includes an unprecedented hard release provisiona special, non-
standard finding that non-designated lands within the Pilot Range are nonsuitable
for wilderness designation, and are no longer subject to the requirement of section
603(c) of the Federal Land Policy and Management Act of 1976 pertaining to the
management of wilderness study areas. The finding of nonsuitable for wilderness
is unwarranted and unexplained, and could put these lands off-limits to the BLM
and the Congress for future wilderness designations. (Furthermore, the finding is
unnecessary with respect to Wilderness Study Areas established under authority of
Section 603 of FLPMA since there are no Wilderness Study Areas in the general
area of the Pilot Range.) Inclusion of this hard release language reveals the true
intent of H.R. 2488to serve as a template for future wilderness bills that would
limit the eventual amount of wilderness added to the National Wilderness Preserva-
tion System. The cumulative intent of this language is to establish a norm of hard
release for future wilderness billsa provision that Congress has never approved
in the past. Finally, the language in H.R. 2488 is ambiguous regarding what lands
are being released, as it does not specify what constitutes the Pilot Range.
Second, the bill would terminate the BLMs ongoing designation of new Wilder-
ness Study Areas under Section 202 of FLPMA on 15,000 acres of Pilot Range lands
which the BLM found to have wilderness quality, but which this bill omits. Seen
in the context of Utahs ongoing wilderness controversy, it is clear that H.R. 2488
is meant as a tool, directly in Box Elder County and as a precedent elsewhere, to
thwart completion of BLMs long-overdue designation of additional Wilderness
Study Areas in Utah. The completion of the 202 review process, and adoption of re-
source plan amendments to establish WSAs for lands found recently by BLM to
qualify as wilderness, is of preeminent importance to the conservation community,
and this option should not be precluded by the legislation.
In order to be acceptable, H.R. 2488 must delete nonsuitable for wilderness des-
ignation language, references to Section 603 of FLPMA, and release language ter-
minating the BLM 202 process. It should also clarify language with regard to what
constitutes the Pilot Range.
Section 4: The adjacent management language in Section 4 would restrict BLM
from protecting wilderness areas from impairment by activities taking place at their
borders. This section is unnecessary and unacceptable. This unfortunate boilerplate
language essentially mandates that the agency shall permit any kind of develop-
ment right up to the boundary of wilderness, no matter that there might be dif-
ferent designs or locations that would work just as well and would safeguard impor-
tant wilderness values such as silence, solitude, undisturbed wildlife, and the like.
This section should be deleted.
SUMMARY OF PROBLEMS WITH MANAGEMENT LANGUAGE
Designation of wilderness entails not only adding special places into the National
Wilderness Preservation System, it means assuring that the concept of wilderness
and the standards for managing it are maintained. The Southern Utah Wilderness
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Alliance urges the Subcommittee on National Parks and Public Lands to give seri-
ous consideration to maintaining the integrity of the wilderness idea and the Wil-
derness Act of 1964, not undermining it as H.R. 2488 does currently. We will be
unable to support the bill unless the reasonable changes suggested specifically and
generally above are in large measure adopted, and would be pleased to work with
staff on modifications that the committee should adopt.
H.R. 2488 AND UTAHS WILDERNESS: A TERRIBLE TEMPLATE FOR THE FUTURE
H.R. 2488s chief sponsor has indicated he views it as a model for designating wil-
derness one county at a time, throughout Utah. The reasons to add what wilderness
remains to the system established in 1964 by Congress are many. Unfortunately,
this bill in its present form is a terrible model to pursue the goal of designating wil-
derness.
First, it is a plainly inadequate proposal for wilderness within Box Elder County.
It would designate as wilderness only 12 percent of the qualifying wildlands in Box
Elder County, and less than half the qualifying lands in Utahs Pilot Range itself.
It would fail to designate any wilderness at all in the Newfoundland Mountains
(recommended by BLM), Crater Island and Silver Island Mountains (both rec-
ommended by Utah Gov. Mike Leavitt last year), or the Grouse Creek Mountains
and Grassy Mountains (recommended by the Utah Wilderness Coalition and not yet
inventoried by the BLM), all located wholly or partly in Box Elder County.
Second, it would create unprecedented weakened wilderness areas, allowing the
construction of new buildings and equipment, temporary roadbuilding, and perma-
nent motorized access in so-called wilderness.
Third, without justification it simply hands the keys to BLM wilderness over to
the Air Force, allowing the military to lock the public out of the public lands.
Fourth, it fails to reserve a water right for the wilderness it designatesputting
at risk the health of the ecosystem it claims to be protecting.
Fifth, within the Pilot Range it would shut down BLM efforts to protect thousands
of acres of acknowledged wilderness outside this bills inadequate boundary and es-
tablish a Congressional finding that lands excluded from wilderness designation in
this bill are unsuitable for wilderness designationthereby barring BLM from
protecting these excluded lands as wilderness in the future.
This model, if followed, would prevent wilderness designation on millions of acres
of Utahs wilderness and fail to give genuine wilderness protection to the few lands
actually designated. It would lead to future wilderness bills driven by unacceptable
management language, and weaken the Wilderness Act of 1964. Utah wilderness
and the National Wilderness Preservation System deserve better. So do the majority
of Utahns and Americans who value wilderness.
Noted national author and Utah native Terry Tempest Williams wrote this about
our duty to protect our remaining wild places:
The eyes of the future are looking back at us and they are praying for us to see
beyond our time. They are kneeling with hands clasped that we might act with re-
straint, that we might leave room for the life that is destined to come. To protect
what is wild is to protect what is gentle. Perhaps the wildness we fear is the pause
between our own heartbeats, the silent space that says we live only by grace. Wil-
derness lives by this same grace. Wild mercy is in our hands.
H.R. 2488 as currently written lacks the grace and mercy that the Pilot Range
and National Wilderness Preservation System need you to demonstrate. The future
of wilderness is in your hands. If excluded lands are added and unacceptable man-
agement language changed as outlined in this testimony, the Southern Utah Wilder-
ness Alliance could support H.R. 2488 even though we believe Americas Redrock
Wilderness Act is a far better vehicle for protecting deserving Utah lands as wilder-
ness. Without such change, we urge members of the subcommittee to reject
H.R. 2488. Again we would be pleased to work with staff on modifications that the
committee should adopt.
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in business. The state and the Department did not negotiate Air
Force language. That was up to the Air Force to discuss in the
previous effort. Overflights are easy, but it is more than over-
flights. The Air Force needs to be able to get out there to recover
accidents. If you go out there on a daily basis, you will have B-2s,
B-52s, cruise missiles flying by.
You know, the State of Utahs position has been you need to pro-
tect the UTTR. Whether this language or any other language is ap-
propriate, we are not as vested in the result, as long as the UTTR
is protected, and I would simply defer to the Air Force to state
what they think they need.
Mr. PALLONE. Well, it just seemed to me that listening to his
criticism, that there are a lot more things that could be done to
maybe meet him halfway on this, and I mean, do you have any
general response to his comments?
Mr. HARJA. In terms of a number of things: in terms of wildlife,
I think we disagree. I think we need the ability to actively manage
wildlife in this area. There are a number of reintroduced species
that we need to be able to deal with: bighorn sheep, chuckers,
lahonton cutthroat trout. Wilderness does not solve those problems.
We need to be able to work the land. We need to be able to manip-
ulate it if necessary. We need to be able to help prescribe burns
and then reseed it.
I think the appendix that is mentioned allows us to do that, and
that is why we support that language.
In terms of water, I do not think you need a Federally-reserved
water right here, mostly because it is not the amount; it is that
there is drift in the principle, in the mission of that language, and
it starts to be used to support manipulations of the wrong type,
and that is why the state is concerned. Habitat manipulation is
what I am talking about.
In terms of the Air Force, I have no problem with the existing
language, as Mr. Fulton has explained. So that is kind of where the
State of Utah is.
Mr. PALLONE. Thank you.
Thank you, Mr. Chairman.
Mr. HEFLEY. Ms. McCollum?
Ms. MCCOLLUM. Thank you, Mr. Chairman. I apologize that I
was not here to ask the Air Force some questions; I will submit
those in writing, and I am assuming, based on the person who tes-
tified, if I direct those to you, Colonel, that will work. Thank you,
Colonel.
To the State of Utah, I am in a bit of a dilemma here. When the
State of Utah has a management area that the state is managing,
do you find yourself often going in and working with local units of
government, changing your definitions, your goals on how the state
is going to manage its habitat areas, its water areas, its land areas
when you are conceding as much as it appears to be conceded in
this language?
Mr. HARJA. The State of Utah, by the structure of government,
is the proper entity to control general wildlife activities on all
lands, including BLM lands. We do not control on Department of
Defense lands; we do not control in national parks. But everywhere
else, it is the State of Utah that is responsible for the habitat.
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Ms. MCCOLLUM. And so, Mr. Chairman, sir, what is the goal
here? To make sure thatwill the State of Utah be encouraging
nonnative species, plants and animals, in, quote, unquote, a Feder-
ally-designated wilderness area, or does the State of Utah look at,
you know, well, this is our land, and we are going to manage it,
and this is kind of okay?
Mr. HARJA. No; the State of Utah attempts to set out manage-
ment plans for each species. Some are natural; some are re-
introductions. In these particular mountains, there have been plans
in many years, and there are in fact already bighorn sheep that
have been reintroduced. It is because they had difficultythe
sheep caught diseases from domestic sheep and were nearly elimi-
nated.
We do not believe that we run around indiscriminately proposing
a species for here or there. However, if you look at the lahonton
cutthroat trout, for example, they were not originally there, and
they were moved there before everybody discovered that they were
threatened. Now that they are there, it is the State of Utahs inten-
tion to make sure that they survive, and we will participate with
the Fish and Wildlife Service in any recovery plan that may be nec-
essary. We simply are not convinced that the simple answer for
that is wilderness. The answer is much more complex. It involves
a plan, a recovery plan, that will probably extend well into the
State of Nevada, and it may involve counting the cutthroat. It may
involve electroshocking in order to count them.
Ms. MCCOLLUM. Mr. Chairman, I have another question; I have
limited time.
Sir, do you, on state lands, do you have buffer zones between,
you know, state lands and lands that are either commercial, highly
developed, potential to develop when the state has property in
Utah that it is trying to set aside or protect? Is that a normal thing
for the state to try to do?
Mr. HARJA. No, we do not normally look to board buffer zones,
no.
Ms. MCCOLLUM. We do in Minnesota, so I am just trying to get
theto use a bad pun, the lay of the land.
Mr. HARJA. If you are looking at a commercial zone, it is local
zoning that would do that. We would not.
Ms. MCCOLLUM. So in any of your state-designated lands, you
have no buffer zones, no zoning ordinances where, you know, there
is kind of a protection area?
Mr. HARJA. In our state-managed wildlife areas, we do not have
that, no. I cannot speak for local zoning. I am not aware of that.
But in terms of our state-managed wildlife areas, we do not con-
sider buffer zones.
Ms. MCCOLLUM. And when yousee, what I am struggling with
is I see that people have tried to come up with a compromise, Mr.
Chair, Chairs, I should say. People have tried to come up with a
compromise. But what concerns me about some of the language in
the bill is that we start having dual meanings for the same word,
and I always found that that caused more problems legislatively
back home than it solved anything.
And so, when we start doing that, I think we set ourselves up
for more headache and more heartbreak along the way. So that is
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did not do it? And then, I was on Take Two with another one who
said they would not do it, and no one ever responded to our cor-
respondence when we asked you, the Governor and Inot you; I
am referring to the Southern Utah Wilderness Allianceto work
with us on this wilderness bill that we introduced, which was state-
wide, which you have now said you would rather go statewide.
Would it not have been better if you had come to the table in-
stead of taking that hard line position? And we could have worked
that out possibly, maybe the Governor and Babbitt and SUWA and
the Sierra Club and the cattlemen and the ATVs and the
Backcountry Pilots? We could have all sat down and worked it out.
That is how we did the 1984 Wilderness Bill that passed. That was
the only way we got it to go. But we could not get you folks to do
it. Now, you come and tell this Committee that that is what you
want to do. What caused the change?
Mr. YOUNG. Two responses to that: the bill in the 104th Con-
gress, as introduced, was deeply flawed. We sought to participate
in a series of public hearings that were conducted throughout the
state. We sought to submit public comment. But the resulting prod-
uct fell far, far, far from the vision that the conservation commu-
nity has and was unacceptable.
Mr. HANSEN. Who did you talk to? I was the author of that bill.
No one came to me. I had people come to the hearing that criticized
it. We even asked. I remember Governor Leavitt in Nephi asking
to have people come and sit down and talk about it. Not one person
showed up. And then, we got thiswas it Ken Rait? Am I saying
it right?
Mr. YOUNG. Yes, you are; that is
Mr. HANSEN. Mr. Rait put a memorandum out, and I am sure
you have got a copy of it. If you do not, I will furnish it to you.
It said we will not do that. Now, you are telling this Committee
today that you now intend to sit down and become players on these
things. Is that correct?
Mr. YOUNG. What I am telling you is that since January 1999,
we have sat down in two different settings: first in the West
Desert, second in the San Rafael Swell area, and we have sought
to engage in constructive conversations. These are not bills that we
are sponsors of. They are not bills that we are encouraging. But we
are willing to sit down and see if there is sufficient common ground
to fashion bills in these areas.
Mr. HANSEN. I commend you for that. I hope that is the way you
go, because you are never going to get this thing doneI will guar-
antee it; when we are both pushing up daisies, Mr. Young, unless
people will sit down and talk.
Mr. YOUNG. Well, one of the challenges
Mr. HANSEN. There is part of your testimony that says come, let
us reason together, and I think that if you folks would do that, this
thing would have been done 10 years ago. But you have always
taken that hard line. This is the most dramatic testimony I have
ever heard from SUWA that you just gave, that you have changed
your way of doing business; you will now sit down and work on
bills.
Now, you added another thing I kind of liked a minute ago: you
said we should be civil in these things. I could not agree more.
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