[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5722 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5722
To designate certain lands in Colorado as wilderness.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2002
Mr. McInnis introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To designate certain lands in Colorado as wilderness.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--EXPANSION OF CERTAIN WILDERNESS AREAS
SEC. 101. PTARMIGAN PEAK WILDERNESS.
Section 2(a)(18) of the Colorado Wilderness Act of 1993 (Public Law
103-77; 16 U.S.C. 1132 note) is amended by inserting after ``January,
1993'' the following: ``; the approximately 2,000 acres of land known
as Ute Pass and the approximately 900 acres of land known as Acorn
Creek, both located in Summit County, Colorado, and generally depicted
on the map entitled `Ptarmigan Peak', numbered ____, and dated ____.''.
SEC. 102. RAGGEDS WILDERNESS.
Section 102(a)(16) of Public Law 96-560 (16 U.S.C. 1132 note; 94
Stat. 3267) is amended by inserting after ``November 1980'' the
following: ``; and the approximately 1,500 acres of land located in
Gunnison County, Colorado, and generally depicted on the map entitled
`Raggeds', numbered ____, and dated ____''.
SEC. 103. HUNTER-FRYINGPAN WILDERNESS.
Section 2(e) of the Endangered American Wilderness Act of 1978 (16
U.S.C. 1132 note; 92 Stat. 41) is amended by inserting after ``Area--
Proposed'' the following: ``; the approximately 3,000 acres of land
known as North Independence A and the approximately 1,100 acres of land
known as Hunter both located in Pitkin County, Colorado, and generally
depicted on the map entitled `Hunter-Fryingpan', numbered ____, and
dated ____''.
TITLE II--RED TABLE MOUNTAIN WILDERNESS
SEC. 201. RED TABLE MOUNTAIN WILDERNESS.
(a) Red Table Mountain Wilderness.--In furtherance of the purposes
of the Wilderness Act, the approximately 50,000 acres of land located
in Eagle County, Colorado, and generally depicted on the map entitled
``Red Table'', numbered ____, and dated ____'' are hereby designated as
wilderness and therefore as a component of the National Wilderness
Preservation System. Such component shall be known as ``Red Table
Mountain Wilderness''.
(b) Management.--Subject to valid existing rights, land designated
as wilderness by this title shall be managed by the Secretary, as
appropriate, in accordance with this title and--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.), except
that, with respect to any wilderness areas designated by this
title, 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 title;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) other applicable law.
(c) Water Infrastructure.--Nothing in this title (including the
provisions related to establishment or management of the Red Table
Mountain Wilderness Area) shall affect, impede, interfere with, or
diminish the operation, existence, access, maintenance, improvement, or
construction of water facilities and infrastructure, rights-of-way, or
other water-related property, interests, and uses, (including the use
of motorized vehicles and equipment existing or located on lands within
the Red Table Mountain Wilderness Area).
(d) High Voltage Transmission Electricity Lines or Electrical Power
Lines.--The Secretary shall allow for maintenance of rights-of-ways and
access roads located within the Red Table Mountain Wilderness Area to
the extent necessary to operate a transmission line or electrical power
line in a manner that avoids negative impacts on public safety and
allows for compliance with State and/or Federal safety requirements.
Such maintenance may include vegetation management, road maintenance,
ground stabilization, and motorized vehicle access.
(e) Withdrawals.--Subject to valid existing rights, all Federal
lands within the Red Table Mountain 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.
(f) 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 Red Table Mountain
Wilderness Area in a manner consistent with the memorandum of
understanding dated August 4, 1987, (or a subsequent memorandum
of understanding entered into by all of the same parties),
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
title.
(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 title, 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 Red Table Mountain 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 Red Table Mountain Wilderness Area that
meets its aerial training needs, the memorandum of
understanding shall be modified accordingly, subject to the
agreement of all parties thereto.
(g) Hunting and Fishing.--Nothing in this title shall affect the
authority of the Colorado Division of Wildlife to regulate hunting or
fishing in the Red Table Mountain Wilderness Area.
(h) Grazing.--
(1) In general.--Except as provided by paragraph (2), the
Secretary shall issue and administer any grazing leases or
permits in the Red Table Mountain 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.
(2) Grazing in wilderness area.--Grazing of livestock in
the Red Table Mountain 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.
(i) No Buffer Zones.--Congress does not intend for the
establishment of the Red Table Mountain Wilderness Area to lead to the
creation of protective perimeters or buffer zones around the Red Table
Mountain Wilderness Area. The fact that there may be activities or uses
on lands outside the Red Table Mountain Wilderness Area that would not
be allowed in the Red Table Mountain Wilderness Area shall not preclude
such activities or uses on such lands up to the boundary of the Red
Table Mountain Wilderness Area consistent with other applicable laws.
SEC. 202. WATER RIGHTS.
(a) Findings.--Congress finds as follows:
(1) The lands designated as wilderness by this title are
located at the headwaters of the streams and rivers on those
lands, with few, if any, actual or proposed water resource
facilities located upstream from such lands and few, if any,
opportunities for diversion, storage, or other uses of water
occurring outside such lands that would adversely affect the
wilderness or other values of such lands.
(2) The lands designated as wilderness by this title
includes several water resource facilities which provide for
important water storage and transmission of water for the
benefit of private owners of decreed water rights and the Town
of Gypsum.
(3) It is possible to provide for proper management and
protection of the wilderness and other values of such lands in
ways different from those used in other legislation designating
as wilderness lands not sharing the attributes of the lands
designated as wilderness by this title.
(b) Statutory Construction.--
(1) Nothing in this title shall constitute or be construed
to constitute either an express or implied reservation of any
water or water rights with respect to the land designated as
wilderness by this title.
(2) Nothing in this title shall affect any conditional or
absolute water rights in the State of Colorado existing on the
date of the enactment of this title.
(3) Nothing in this subsection shall be construed as
establishing a precedent with regard to any future wilderness
designations.
(4) Nothing in this title 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.
(c) Prohibition Against Instream Flow Permit Conditions.--The
Secretary shall not, as a condition of permit renewal for existing
facilities on National Forest System lands, impose bypass or other
minimum instream flow requirements within or upstream of the Red Table
Mountain Wilderness Area.
SEC. 203. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of the
enactment of this title, the Secretary shall submit to Congress a copy
of the maps referred to in section 201 and legal descriptions of the
land designated as wilderness by this title. The Secretary shall
reflect, as necessary, the boundaries referred to in subsection (e) on
the maps and legal descriptions submitted under this subsection.
(b) Force and Effect.--The maps and legal descriptions shall have
the same force and effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in the Map and
the legal descriptions.
(c) Public Availability.--Copies of the maps and the legal
descriptions shall be on file and available for public inspection in--
(1) the office of the Chief of the Forest Service; and
(2) the office of the White River National Forest in
Glenwood Springs, Colorado.
(d) Map Controlling.--In the case of a discrepancy between the maps
and the legal descriptions, the maps shall control.
(e) Areas Not Included in Red Table Mountain Wilderness.--
Notwithstanding the Map, or any other provision of this title, the
following areas shall not be included in the Red Table Mountain
Wilderness Area:
(1) Any FAA site, parking area, or appurtenant access
roads, power lines, facility or equipment, including an area 25
yards surrounding any such site, facility, area, or equipment.
(2) The Town of Gypsum's Mosher intake facility, and any
pipes or related facilities, including an area at least 200
linear feet upstream of the present facilities and 25 yards
surrounding the facility and any related pipes or facilities.
(3) The LEDE Ditch and Pipeline, and an access road for the
LEDE Reservoir, including an area 25 yards surrounding any such
ditch, pipeline or road.
(4) The Eye Lake Reservoir and Eye Lake Supply Ditch, any
related facilities in existence now or developed in the future
designed to develop decreed water rights, including an area 25
yards surrounding any such reservoir, ditch or facilities,
unless the White River National Forest and the Town of Gypsum
certify to the Chairman and Ranking Member of the House
Resources Committee and the Senate Energy and Natural Resources
Committee that the decreed diversion points for the above
decreed water rights have been moved to the LEDE Reservoir, and
any necessary permits or actions have been taken, thereby
removing the need to utilize the Eye Lake Reservoir and Eye
Lake Ditch.
(5) Red Creek Road (FDR 425), Red Table Road (FDR 514),
Muckey Lake Road (FDR 425.1B), and Antones Creek Road (FKR
457), including an area 10 yards to either side of the roads.
(6) FDR 464, FDR 433, and FDR 431, including an area 10
yards to either side of the roads.
(7) White Creek Trail (FDT 1862), Sundell Trail (FDT 1863),
Sourdough Lake Trail (FDT 1863.1A), Muckey Lake Trail (FDT
1863.2B), Mount Thomas Trail (FDT 1870), Antones Trail (FDT
1871), and Antones Lakes Trail (FDT 1871.1C), including an area
10 yards to either side of the trails.
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