[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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