[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2963 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2963

  To establish the Deep Creek Wilderness Area, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2001

 Mr. McInnis introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To establish the Deep Creek Wilderness Area, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deep Creek Wilderness Act''.

 SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Certain areas located in the White River National 
        Forest in Colorado along the Deep Creek area should be 
        protected and enhanced for the benefit and enjoyment of present 
        and future generations, including the areas making up the 
        rugged and remote limestone gorge formed by the Deep Creek on 
        the White River Plateau of the White River National Forest in 
        Garfield and Eagle Counties, Colorado which has wilderness 
        value and offers unique and valuable scenic, geological, 
        paleontological, scientific, and recreational opportunities.
            (2) The unique high elevation riparian areas, 
        paleontological, natural, and wildlife components enhanced by 
        the rural western setting of the area, provide extensive 
        opportunities for primitive recreational activities, and are 
        publicly used for hiking, cave exploration, and solitude and 
        are worthy of additional protection as a wilderness area.
            (3) The Deep Creek area has wilderness value and offers 
        unique geological, scenic, and species diversity.
            (4) Deep Creek carves a rugged and remote limestone gorge, 
        forming a dramatic pristine canyon over 2,500 feet deep and 13 
        miles long.
            (5) The limestone strata have created ideal conditions for 
        the formation of caves, many of which are the State of 
        Colorado's most outstanding caves.
            (6) There are unique circumstances with respect to the Deep 
        Creek Wilderness Area. There are valid, absolute, and decreed 
        conditional water rights upstream, adjacent, and downstream of 
        the Wilderness boundaries. These rights are private property 
        rights under State and Federal law. Nothing in the Act is 
        intended to eliminate or diminish the exercise of these rights.
            (7) It is possible to provide for proper management and 
        protection of the wilderness and other values of such lands in 
        ways that provide for the reasonable development of the 
        upstream and adjacent water rights adjudicated prior to the 
        date of enactment of this Act.
    (b) Purpose.--The purpose of this Act is to conserve, protect, and 
enhance for the benefit and enjoyment of present and future generations 
the unique and nationally important values of the public lands depicted 
on the Map, including geological, cultural, paleontological, natural, 
scientific, recreational, environmental, biological, wilderness, 
wildlife education, and scenic resources of such public lands, by 
establishing the Deep Creek Wilderness in the State of Colorado.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Wilderness area.--The term ``Wilderness Area'' means 
        the Deep Creek Wilderness Area established by section 4.
            (2) Map.--The term ``Map'' means the map entitled 
        ``Proposed Deep Creek Wilderness Area'' and dated September 5, 
        2001.
            (3) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service with regard to lands 
                over which that Secretary has jurisdiction; and
                    (B) the Secretary of the Interior, acting through 
                the Bureau of Land Management with regard to lands over 
                which that Secretary has jurisdiction.

SEC. 4. DEEP CREEK WILDERNESS DESIGNATION.

    (a) In General.--There is established the Deep Creek Wilderness 
Area in the State of Colorado.
    (b) Areas Included.--The Wilderness Area shall consist of 
approximately 8,000 acres of public land as generally depicted on the 
Map.

SEC. 5. MANAGEMENT.

    (a) Wilderness Area.--The Secretary shall manage the Wilderness 
Area in a manner that--
            (1) conserves, protects, and enhances the resources of the 
        Wilderness Area specified in section 2(b); and
            (2) is in accordance with--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.), 
                except that, with respect to any wilderness areas 
                designated by this Act, any reference in the Wilderness 
                Act to the effective date of the Wilderness Act shall 
                be deemed to be a reference to the date of the 
                enactment of this Act;
                    (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (C) other applicable law, including this Act.
    (b) Uses.--The Secretary shall allow only such uses of the 
Wilderness Area as the Secretary determines will further the purposes 
for which the Wilderness Area is established. Nothing in subsection (c) 
shall be construed to affect discretionary authority of the Secretary 
under other Federal laws to grant, issue, or renew rights-of-way or 
other land use authorizations consistent with the other provisions of 
this Act.
    (c) Withdrawals.--Subject to valid existing rights, all Federal 
lands within the Wilderness Area are withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) the operation of the mineral leasing, mineral 
        materials, and geothermal leasing laws, and all amendments 
        thereto.
    (d) Motorized Vehicle Use.--
            (1) In general.--Except as needed for administrative and 
        emergency response purposes, use of motorized vehicles in the 
        Wilderness Area shall not be allowed.
            (2) Colorado army national guard.--
                    (A) In general.--Pursuant to the Memorandum of 
                Understanding, dated August 4, 1987, between the 
                Colorado Army National Guard, the Bureau of Land 
                Management, and the United States Forest Service, the 
                Colorado Army National Guard shall continue to be 
                permitted to conduct aerial navigation training 
                maneuver exercises over certain lands within the Deep 
                Creek area.
                    (B) Modification of memorandum of understanding.--
                Conditions and requirements in the memorandum of 
                understanding referred to in subparagraph (A) may be 
                modified subject to the agreement of all parties 
                thereto.
    (e) Hunting and Fishing.--
            (1) In general.--Hunting and fishing shall be allowed 
        within the Wilderness Area in accordance with applicable laws 
        and regulations of the United States and the State of Colorado.
            (2) Area and time closures.--The head of the Colorado 
        Division of Wildlife, or the Secretary, after consultation with 
        the Colorado Division of Wildlife, may issue regulations 
        designating zones where, and establishing limited periods when, 
        hunting or fishing shall be prohibited in the Wilderness Area 
        for reasons of public safety, administration, or public use and 
        enjoyment.
    (f) Grazing.--
            (1) In general.--Except as provided by paragraph (2), the 
        Secretary shall issue and administer any grazing leases or 
        permits in the Wilderness Area in accordance with the same laws 
        (including regulations) and Executive orders followed by the 
        Secretary in issuing and administering grazing leases and 
        permits on other land under the jurisdiction of the Forest 
        Service and Bureau of Land Management, respectively.
            (2) Grazing in wilderness.--
                    (A) Forest service lands.--Grazing of livestock in 
                the Wilderness on lands that are under the jurisdiction 
                of the Forest Service shall be administered in 
                accordance with the provisions of section 4(d)(4) of 
                the Wilderness Act (16 U.S.C. 1133(d)(4)), in 
                accordance with the guidelines set forth under the 
                heading ``Grazing in National Forest Wilderness'' in 
                House Report 96-617 of the 96th Congress.
                    (B) BLM lands.--Grazing of livestock in the 
                Wilderness on lands that are under the jurisdiction of 
                the Bureau of Land Management shall be administered in 
                accordance with the provisions of section 4(d)(4) of 
                the Wilderness Act (16 U.S.C. 1133(d)(4)), in 
                accordance with the guidelines set forth in Appendix A 
                of House Report 101-405 of the 101st Congress.
    (g) No Buffer Zones.--The Congress does not intend for the 
establishment of the Wilderness Area to lead to the creation of 
protective perimeters or buffer zones around the Wilderness. The fact 
that there may be activities or uses on lands outside the Wilderness 
that would not be allowed in the Wilderness Area shall not preclude 
such activities or uses on such lands up to the boundary of the 
Wilderness Area consistent with other applicable laws.
    (h) Acquisition of Land.--
            (1) In general.--The Secretary may acquire nonfederally 
        owned land within the exterior boundaries of the Wilderness 
        Area only through purchase from a willing seller, exchange, or 
        donation.
            (2) Management.--Land acquired under paragraph (1) shall be 
        managed as part of the Wilderness Area in accordance with this 
        Act.
    (i) Interpretive Facilities or Sites.--The Secretary may establish 
minimal interpretive facilities or sites in cooperation with other 
public or private entities as the Secretary considers appropriate. Any 
facilities or sites shall be designed to protect the resources referred 
to in section 2(b).
    (j) Water Rights.--
            (1) Effect on water rights.--Nothing in this Act shall 
        affect any absolute or conditional water rights or their 
        diversions and conveyance facilities or the maintenance thereof 
        decreed prior to the date of the enactment of this Act.
            (2) Colorado water law.--The Secretary shall follow the 
        procedural and substantive requirements of the law of the State 
        of Colorado in order to obtain and hold any new water rights 
        with respect to the Wilderness Area.
            (3) Statutory construction.--Nothing in this Act shall--
                    (A) constitute or be construed to constitute either 
                an express or implied reservation of any water or water 
                rights with respect to the lands designated as 
                wilderness by this Act;
                    (B) affect any conditional or absolute water rights 
                in the State of Colorado existing on the date of the 
                enactment of this Act; or
                    (C) be construed as limiting, altering, modifying, 
                or amending any of the interstate compacts or equitable 
                apportionment decrees that apportion water among and 
                between the State of Colorado and other States.
            (4) New projects.--
                    (A) As used in this paragraph, the term ``water 
                resource facility'' means irrigation and pumping 
                facilities, reservoirs, water conservation works, 
                aqueducts, canals, ditches, pipelines, wells, 
                hydropower projects, and transmission and other 
                ancillary facilities, and other water diversion, 
                storage, and carriage structures. Such term does not 
                include any such facilities related to or used for the 
                purpose of raising crops or livestock grazing.
                    (B) Except as otherwise provided in this Act, on 
                and after the date of the enactment of this Act, 
                neither the President nor any other officer, employee, 
                or agent of the United States shall fund, assist, 
                authorize, or issue a license or permit for the 
                development of any new water resource facility within 
                the wilderness area designated by this Act.
                    (C) Except as provided in this paragraph, nothing 
                in this Act shall be construed to affect or limit the 
                use, operation, maintenance, repair, modification, or 
                replacement of or access to water resource facilities 
                in existence on the date of the enactment of this Act 
                within the boundaries of the Wilderness.

SEC. 6. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Secretary shall submit to Congress a copy of 
the Map and a legal description of the Wilderness Area.
    (b) Force and Effect.--The Map and legal descriptions shall have 
the same force and effect as if included in this Act, except that the 
Secretary may correct clerical and typographical errors in the Map and 
the legal descriptions.
    (c) Public Availability.--Copies of the Map and the legal 
descriptions shall be on file and available for public inspection in--
            (1) the Office of the Director of the Bureau of Land 
        Management;
            (2) the Office of the Chief of the Forest Service;
            (3) the District Office of the Bureau of Land Management in 
        Colorado; and
            (4) the Office of the Regional Forester of the Forest 
        Service in Colorado, and of the White River National Forest, 
        Forest Ranger Office in Glenwood Springs, Colorado.
    (d) Map Controlling.--In the case of a discrepancy between the Map 
and the descriptions, the Map shall control.

SEC. 7. PUBLIC ACCESS.

    The Secretary shall continue to allow private landowners reasonable 
access to inholdings in the Wilderness Area.
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