[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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