[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4235 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4235

 To designate certain National Forest System lands in the Pike and San 
 Isabel National Forests and certain lands in the Royal Gorge Resource 
   Area of the Bureau of Land Management in the State of Colorado as 
                  wilderness, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2005

  Mr. Hefley (for himself and Mr. Beauprez) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To designate certain National Forest System lands in the Pike and San 
 Isabel National Forests and certain lands in the Royal Gorge Resource 
   Area of the Bureau of Land Management in the State of Colorado as 
                  wilderness, 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 ``Browns Canyon Wilderness Act''.

SEC. 2. DESIGNATION OF BROWNS CANYON WILDERNESS, PIKE AND SAN ISABEL 
              NATIONAL FORESTS AND ROYAL GORGE RESOURCE AREA, COLORADO.

    (a) Designation.--
            (1) Designation.--In furtherance of the Wilderness Act (16 
        U.S.C. 1131 et seq.), the following lands in the State of 
        Colorado are hereby designated as wilderness and as a component 
        of the National Wilderness Preservation System to be known as 
        Browns Canyon Wilderness:
                    (A) Certain lands in the Pike and San Isabel 
                National Forests, comprising approximately 12,104 
                acres, as generally depicted on the wilderness map.
                    (B) Certain lands in the Royal Gorge Resource Area, 
                which comprise approximately 7,921 acres, as generally 
                depicted on the wilderness map.
            (2) Wilderness map and description.--As soon as practicable 
        after the date of the enactment of this Act, the Secretary of 
        Agriculture and the Secretary of the Interior shall file a 
        legal description of the wilderness area with the Committee on 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate. The wilderness map 
        and legal description shall have the same force and effect as 
        if included in this Act, except that the Secretary concerned 
        may correct clerical and typographical errors in the wilderness 
        map and legal description. The wilderness map shall be on file 
        and available for public inspection in appropriate offices of 
        the Bureau of Land Management and the Forest Service.
    (b) Administration of Wilderness Area.--Subject to valid existing 
rights, the Secretary concerned shall manage the wilderness area in 
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this 
section. With respect to the wilderness area, 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.
    (c) Grazing.--The grazing of livestock and the maintenance of 
facilities related to grazing in the wilderness areas, if established 
before the date of the enactment of this Act, shall be permitted to 
continue in accordance with section 4(d)(4) of the Wilderness Act (16 
U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law 
96-560 (16 U.S.C. 1133 note), and the guidelines set forth in Appendix 
A of the report of the Committee on Interior and Insular Affairs of the 
House of Representatives accompanying H.R. 2570 of the 101st Congress 
(H. Rept. 101-405).
    (d) State Jurisdiction.--As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be 
construed as affecting the jurisdiction or responsibilities of the 
State of Colorado with respect to wildlife and fish in Colorado.
    (e) Incorporation of Acquired Land and Interests.--Any land 
acquired by the United States that is immediately adjacent to the 
boundary of the wilderness area and that the Secretary concerned 
determines is suitable for inclusion within the National Wilderness 
Preservation System shall become part of the wilderness area.
    (f) Water Rights.--
            (1) Effect on water rights.--Nothing in this section shall 
        constitute an express or implied reservation of water for any 
        purpose relating to the wilderness area or affect any water 
        rights decreed under the laws of Colorado before the date of 
        the enactment of this Act, including water rights held by the 
        United States.
            (2) Additional water rights.--If the Secretary concerned 
        determines that a water right is necessary for the purposes of 
        administering the wilderness area, such water right shall be 
        established in accordance with the procedural and substantive 
        requirements of the laws of Colorado.
    (g) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this Act, the wilderness area is withdrawn from all 
forms of entry, appropriation, or disposal under the public land laws, 
location, entry, and patent under the mining laws, and disposition 
under all laws pertaining to mineral and geothermal leasing or mineral 
materials.
    (h) Fire, Insect, and Disease Management Activities.--
            (1) Control and prevention activities.--The Secretary 
        concerned may undertake such measures in the wilderness area as 
        are necessary for the control and prevention of fire, insects, 
        and diseases, in accordance with section 4(d)(1) of the 
        Wilderness Act (16 U.S.C. 1133(d)(1)) and the report of the 
        Committee on Interior and Insular Affairs of the House of 
        Representatives to accompany H.R. 1437 of the 98th Congress (H. 
        Rept. 98-40).
            (2) Review.--Not later than one year after the date of the 
        enactment of this Act, the Secretary concerned shall review 
        existing policies applicable to the wilderness area to ensure 
        that authorized approval procedures for any fire management 
        measures allow a timely and efficient response to fire 
        emergencies in the wilderness area.
    (i) Buffer Zones.--Nothing in this Act shall be construed to create 
or imply the creation of protective perimeters or buffer zones around 
the wilderness area. Activities in or uses of non-wilderness areas that 
can be seen or heard from within the wilderness area shall not be 
precluded as a result of this Act.
    (j) Definitions.--In this section:
            (1) Secretary concerned.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                the National Forest System lands designated as 
                wilderness by subsection (a)(1); and
                    (B) the Secretary of the Interior, with respect to 
                the lands in the Royal Gorge Resource Area of the 
                Bureau of Land Management designated as wilderness by 
                subsection (a)(2).
            (2) Wilderness area.--The term ``wilderness area'' means 
        the Browns Canyon Wilderness designated by subsection (a).
            (3) Wilderness map.--The term ``wilderness map'' means the 
        map entitled ``Browns Canyon Proposed Wilderness'' and dated 
        August 9, 2005.
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