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






                                                 Union Calendar No. 249
107th CONGRESS
  2d Session
                                H. R. 2963

                          [Report No. 107-416]

  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

                             April 23, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 25, 2001]

_______________________________________________________________________

                                 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-Yampatika Ute Wilderness 
Act''.

 SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Certain areas located in the White River National 
        Forest and the Bureau of Land Management, Glenwood Springs 
        Resource Area, in Colorado along Deep Creek 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 Deep Creek on the White 
        River Plateau of the White River National Forest in Garfield 
        and Eagle Counties, Colorado, which have wilderness values and 
        offer unique and valuable scenic, geological, scientific, and 
        recreational opportunities.
            (2) The unique high elevation riparian areas and natural 
        and wildlife components, enhanced by the rural western setting 
        of the area, provide extensive opportunities for primitive 
        recreational activities, are publicly used for hiking, cave 
        exploration, and solitude, and are worthy of additional 
        protection as a wilderness area.
            (3) Deep Creek carves a rugged and remote limestone gorge, 
        forming a dramatic pristine canyon over 2,500 feet deep and 13 
        miles long.
            (4) The limestone strata have created ideal conditions for 
        the formation of caves, many of which are among Colorado's most 
        outstanding.
            (5) There are both absolute and conditional decreed water 
        rights appertaining to waters upstream and downstream from the 
        Wilderness Area. These rights are private property rights and 
        are entitled to protection.
            (6) It is possible to provide for proper management and 
        protection of the wilderness values of the Wilderness Area in 
        ways that provide for the reasonable development of the 
        upstream and adjacent water rights.
            (7) Out of respect for the native Ute people who frequented 
        the area near Trappers Lake and the Deep Creek headwaters for 
        centuries, the Wilderness Area shall be known as the Deep 
        Creek-Yampatika Ute Wilderness.
            (8) Colorado law authorizes the Colorado Water Conservation 
        Board to hold instream flow rights in order to protect the 
        natural environment. Establishment and/or augmentation of such 
        an instream flow right for Deep Creek, abandonment of existing 
        conditional rights appertaining to waters upstream from the 
        Wilderness Area, and/or conversion to such instream flow rights 
        of existing absolute water rights appertaining to such waters 
        would be beneficial to the protection of the resources and 
        values of the Wilderness Area.
            (9) There are no known water resource facilities or 
        projects, or rights-of-way or access routes serving water 
        resource facilities or projects, within the Wilderness Area. 
        Therefore, it is not necessary to include provisions in this 
        Act for access, operation, routes, maintenance, or repair for 
        water resource facilities or projects.
    (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 Federal lands 
depicted on the Map, including wilderness, geological, natural, 
scientific, recreational, environmental, biological, and scenic 
resources of such Federal lands, by establishing the Deep Creek-
Yampatika Ute Wilderness Area in the State of Colorado.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Wilderness area.--The term ``Wilderness Area'' means 
        the Deep Creek-Yampatika Ute Wilderness Area established by 
        section 4.
            (2) Map.--The term ``Map'' means the map entitled 
        ``Proposed Deep Creek-Yampatika Ute Wilderness Area'' and dated 
        February 25, 2002.
            (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 Director of the Bureau of Land Management, with 
                regard to lands over which that Secretary has 
                jurisdiction.

SEC. 4. DEEP CREEK-YAMPATIKA UTE WILDERNESS AREA DESIGNATION.

    (a) In General.--In furtherance of the Wilderness Act, there is 
established the Deep Creek-Yampatika Ute Wilderness Area in the State 
of Colorado.
    (b) Areas Included.--The Wilderness Area shall consist of 
approximately 7,350 acres of Federal land as generally depicted on the 
Map.
    (c) Effective Date.--
            (1) Determination.--Subsections (a) and (b) shall take 
        effect upon a determination by the Secretary of Agriculture 
        that--
                    (A) conditional water rights described in section 
                6(e)(3)(A)(i) have been canceled or abandoned;
                    (B) absolute water rights described in section 
                6(e)(3)(A)(ii) have been conveyed to the Colorado Water 
                Conservation Board for conversion to instream flows 
                under Colorado law; or
                    (C) the Colorado Water Conservation Board has made 
                a final determination regarding whether or not instream 
                flow levels in Deep Creek are adequate.
            (2) Notice.--As soon as practicable after making a 
        determination under paragraph (1), the Secretary of Agriculture 
        shall publish notice of that determination in the Federal 
        Register.

SEC. 5. MANAGEMENT.

    (a) Wilderness Area.--After making a determination under section 
4(c), the Secretary, shall manage the Wilderness Area in a manner 
that--
            (1) conserves, protects, and enhances the resources of the 
        Wilderness Area; 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) 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.
    (c) Aerial Navigation Training Exercises.--
            (1) In general.--The Colorado Army National Guard, through 
        the High Altitude ARNG Aviation Training Site, shall continue 
        to be allowed to conduct aerial navigation training maneuver 
        exercises over and upon the lands within the Wilderness Area in 
        a manner consistent with the memorandum of understanding dated 
        August 4, 1987, among the Colorado Army National Guard, the 
        Bureau of Land Management, and the United States Forest Service 
        as interpreted and implemented prior to the date of the 
        enactment of this Act.
            (2) Review and modification of memorandum of 
        understanding.--The memorandum of understanding referred to in 
        paragraph (1) may be modified subject to the agreement of all 
        parties thereto. The parties to the memorandum of understanding 
        shall review the memorandum and associated annual operating 
        plan not later than 180 days after the date of the enactment of 
        this Act, and annually thereafter while the memorandum of 
        understanding is in effect. The review shall include 
        consideration of alternative locations over National Forest 
        System lands and lands administered by the Bureau of Land 
        Management outside of the Wilderness Area for the conduct of 
        activities identified in the memorandum. If the Colorado Army 
        National Guard identifies such an alternate location outside of 
        the Wilderness Area that meets its aerial training needs, the 
        memorandum of understanding shall be modified accordingly, 
        subject to the agreement of all parties thereto.
    (d) Hunting and Fishing.--Nothing in this Act shall affect the 
authority of the Colorado Division of Wildlife to regulate hunting or 
fishing in the Wilderness Area.
    (e) 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 area.--
                    (A) Forest service lands.--Grazing of livestock in 
                the Wilderness Area 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 Area 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.
    (f) No Buffer Zones.--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 Area. The 
fact that there may be activities or uses on lands outside the 
Wilderness Area 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.

SEC. 6. WATER RIGHTS AND MANAGEMENT.

    (a) Definition.--As used in this section, 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.
    (b) Restrictions on Rights and Disclaimer of Effect.--
            (1) Restrictions on rights.--Neither the Secretary of 
        Agriculture nor the Secretary of the Interior, nor any other 
        officer, employee, representative, or agent of the United 
        States, nor any other person, shall assert in any court or 
        agency, nor shall any court or agency consider, any claim to or 
for water or water rights in the State of Colorado, which is based on 
any construction of any portion of this Act, or the designation of any 
lands as wilderness by this Act, as constituting an express or implied 
reservation of water or water rights.
            (2) Disclaimer of effect.--(A) Nothing in this Act shall--
                    (i) be construed as a recognition, disclaimer, 
                relinquishment, or reduction of any water rights of the 
                United States in the State of Colorado existing before 
                the date of the enactment of this Act; or
                    (ii) be construed as constituting an interpretation 
                of any other Act or any designation made by or pursuant 
                thereto.
            (B) Nothing in this section shall be construed as 
        establishing a precedent with regard to any future wilderness 
        designations.
    (c) New or Expanded Projects.--Notwithstanding any other provision 
of law, 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 lands 
designated wilderness pursuant to this Act.
    (d) Interstate Compacts.--Nothing in this Act, and nothing in any 
previous Act designating any lands as wilderness, shall 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. Except as expressly 
provided in this section, nothing in this Act shall affect or limit the 
development or use by existing and future holders of vested water 
rights of Colorado's full apportionment of such waters.
    (e) Stream Flows.--
            (1) Recommendations.--The Secretary of Agriculture shall 
        consult with the Colorado Water Conservation Board regarding 
        instream flow protection recommendations on Deep Creek within 
        the Wilderness Area and shall do so in accordance with Colorado 
        law and in consultation with interested parties and local 
        elected officials.
            (2) Restatement of current law.--As provided by Federal and 
        Colorado State law, the Secretary may continue to enter into 
        enforcement agreements with the Colorado Water Conservation 
        Board for monitoring and protecting instream flows.
            (3) Grants for compensation relating to water rights.--
                    (A) In general.--The Secretary of Agriculture may 
                make a grant to the Department of Natural Resources of 
                the State of Colorado for the following purposes:
                            (i) Conditional water rights.--Compensating 
                        willing parties for canceling or otherwise 
                        abandoning conditional water rights within or 
                        upstream of the Wilderness Area which would 
                        protect the natural environment within the 
                        Wilderness Area.
                            (ii) Absolute water rights.--Compensating 
                        willing parties for conveying absolute water 
                        rights within or upstream of the Wilderness 
                        Area to the Colorado Water Conservation Board 
                        for conversion to instream flows under Colorado 
                        law.
                    (B) Enforceable agreement.--Compensation under 
                clauses (i) and (ii) of subparagraph (A) shall be given 
                pursuant to an enforceable agreement between the 
                Department of Natural Resources of the State of 
                Colorado and the willing party setting out the fair 
                market value for the conditional water rights to be 
                canceled or abandoned, or the absolute water rights to 
                be conveyed, as applicable. The fair market value shall 
                be determined by an independent appraisal, performed by 
                an appraiser to be mutually agreed upon by the 
                Secretary of Agriculture, the Department of Natural 
                Resources of the State of Colorado, and the willing 
                party.
                    (C) Authorization of appropriations.--There is 
                authorized to be appropriated for the purposes of this 
                paragraph $300,000.

SEC. 7. MAP AND LEGAL DESCRIPTION.

    (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 description 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 description.
    (c) Public Availability.--Copies of the Map and the legal 
description shall be on file and available for public inspection in the 
following:
            (1) The Office of the Director of the Bureau of Land 
        Management.
            (2) The Office of the Chief of the Forest Service.
            (3) The Office of the State Director of the Bureau of Land 
        Management in Colorado and the Glenwood Springs Resource area 
        Office in Glenwood Springs, Colorado.
            (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. 8. WILDERNESS POTENTIAL.

    Nothing in the Act shall preclude or restrict the authority of the 
Secretary to evaluate the suitability of roadless and unroaded areas 
adjacent to the Wilderness Area for inclusion in the National 
Wilderness Preservation System or to make recommendations to Congress 
for such inclusions.




                                                 Union Calendar No. 249

107th CONGRESS

  2d Session

                               H. R. 2963

                          [Report No. 107-416]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 23, 2002

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed