[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4587 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4587

 To designate certain lands in the State of Colorado as components of 
  the National Wilderness Preservation System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2005

 Ms. DeGette introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To designate certain lands in the State of Colorado as components of 
  the National Wilderness Preservation System, 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 AND DEFINITION.

    (a) Short Title.--This Act may be cited as the ``Colorado 
Wilderness Act of 2005''.
    (b) Secretary Defined.--As used in this Act, the term ``Secretary'' 
means the Secretary of the Interior or the Secretary of Agriculture, as 
appropriate.

SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.

    (a) Additions.--The following lands in the State of Colorado 
administered by the Bureau of Land Management or the United States 
Forest Service are hereby designated as wilderness and, therefore, as 
components of the National Wilderness Preservation System:
            (1) The following areas in the Glenwood Springs Resource 
        Area:
                    (A) Certain lands which comprise approximately 
                40,494 acres, as generally depicted on a map entitled 
                ``Roan Plateau Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the Roan Plateau 
                Wilderness.
                    (B) Certain lands which comprise approximately 
                15,155 acres, as generally depicted on a map entitled 
                ``Bull Gulch Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the Bull Gulch 
                Wilderness.
                    (C) Certain lands which comprise approximately 
                16,263 acres, as generally depicted on a map entitled 
                ``Castle Peak Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the Castle Peak 
                Wilderness.
                    (D) Certain lands which comprise approximately 316 
                acres, as generally depicted on a map entitled ``Maroon 
                Bells Snowmass Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the Maroon Bells 
                Wilderness.
                    (E) Certain lands which comprise approximately 
                11,701 acres, as generally depicted on a map entitled 
                ``Grand Hogback Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the Grand Hogback 
                Wilderness.
            (2) The following areas in the Glenwood Springs Resource 
        Area and the White River National Forest:
                    (A) Certain lands which comprise approximately 
                16,467 acres, as generally depicted on a map entitled 
                ``Flat Tops Addition Wilderness Proposal'', dated May 
                12, 2003, and which are hereby incorporated in and 
                shall be deemed to be a part of the Flat Tops 
                Wilderness designated by Public Law 94-146.
                    (B) Certain lands which comprise approximately 
                25,285 acres, as generally depicted on a map entitled 
                ``Thompson Creek Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Thompson Creek 
                Wilderness.
            (3) The following lands in the Grand Junction Resource 
        Area:
                    (A) Certain lands which comprise approximately 
                21,110 acres, as generally depicted on a map entitled 
                ``Bangs Canyon Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Bangs Canyon 
                Wilderness.
                    (B) Certain lands which comprise approximately 
                25,881 acres, as generally depicted on a map entitled 
                ``Demaree Canyon Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Demaree Canyon 
                Wilderness.
                    (C) Certain lands which comprise approximately 
                15,721 acres, as generally depicted on a map entitled 
                ``Cow Ridge Wilderness Proposal'', dated May 12, 2003, 
                which shall be known as the Cow Ridge Wilderness.
                    (D) Certain lands which comprise approximately 
                14,090 acres, as generally depicted on a map entitled 
                ``Granite Creek Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Granite Creek 
                Wilderness.
                    (E) Certain lands which comprise approximately 
                12,429 acres, as generally depicted on a map entitled 
                ``Gunnison River Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Gunnison River 
                Wilderness.
                    (F) Certain lands which comprise approximately 
                32,126 acres, as generally depicted on a map entitled 
                ``Hunter Canyon Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Hunter Canyon 
                Wilderness.
                    (G) Certain lands which comprise approximately 
                7,649 acres, as generally depicted on a map entitled 
                ``Kings Canyon Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Kings Canyon 
                Wilderness.
                    (H) Certain lands which comprise approximately 
                30,551 acres, as generally depicted on a map entitled 
                ``Little Bookcliffs Wilderness Proposal'', dated March 
                22, 2002, which shall be known as the Little Bookcliffs 
                Wilderness.
                    (I) Certain lands which comprise approximately 
                20,585 acres, as generally depicted on a map entitled 
                ``Maverick Canyon Wilderness Proposal'', dated March 
                22, 2002, which shall be known as Maverick Canyon 
                Wilderness.
                    (J) Certain lands which comprise approximately 
                26,914 acres, as generally depicted on a map entitled 
                ``The Palisade Wilderness Proposal'', dated March 22, 
                2002, which shall be known as The Palisade Wilderness.
                    (K) Certain lands which comprise approximately 
                18,687 acres, as generally depicted on a map entitled 
                ``Prairie Canyon Wilderness Proposal'', dated March 22, 
                2002, which shall be known as Prairie Canyon 
                Wilderness.
                    (L) Certain lands which comprise approximately 
                5,142 acres, as generally depicted on a map entitled 
                ``Sagebrush Pillows Wilderness Proposal'', dated March 
                22, 2002, which shall be known as the Sagebrush Pillows 
                Wilderness.
                    (M) Certain lands which comprise approximately 
                27,569 acres, as generally depicted on a map entitled 
                ``South Shale Ridge Wilderness Proposal'', dated March 
                22, 2002, which shall be known as the South Shale Ridge 
                Wilderness.
                    (N) Certain lands which comprise approximately 
                18,687 acres, as generally depicted on a map entitled 
                ``Prairie Canyon Wilderness Proposal'', dated March 22, 
                2002, which shall be known as Prairie Canyon 
                Wilderness.
                    (O) Certain lands which comprise approximately 
                3,025 acres, as generally depicted on a map entitled 
                ``Bitter Creek Wilderness Proposal'', dated March 22, 
                2002, which shall be known as Bitter Creek Wilderness.
            (4) Certain lands in the Grand Junction and Uncompahgre 
        Resource Areas and the Uncompahgre National Forest which 
        comprise approximately 84,635 acres, as generally depicted on a 
        map entitled ``Dominguez Canyons Wilderness Proposal'', dated 
        March 22, 2002, which shall be known as the Dominguez Canyons 
        Wilderness.
            (5) Certain lands in the Grand Junction Resource Area and 
        the Uncompahgre National Forest which comprise approximately 
        39,144 acres, as generally depicted on a map entitled ``Unaweep 
        Wilderness Proposal'', dated December 5, 2005, which shall be 
        known as the Unaweep Wilderness.
            (6) Certain lands in the Grand Junction Resource Area, the 
        San Juan Resource Area, and the Manti-LaSal National Forest 
        which comprise approximately 65,448 acres, as generally 
        depicted on a map entitled ``Sewemup Mesa Wilderness 
        Proposal'', dated March 22, 2002, which shall be known as the 
        Sewemup Mesa Wilderness.
            (7) The following lands in the Gunnison Resource Area:
                    (A) Certain lands in the Gunnison Resource Area 
                which comprise approximately 3,388 acres, as generally 
                depicted on a map entitled ``Powderhorn Additions 
                Wilderness Proposal'', dated March 22, 2002, and which 
                are hereby incorporated in and shall be deemed to be a 
                part of the Powderhorn Wilderness designated by Public 
                Law 103-77.
                    (B) Certain lands in the Gunnison Resource Area 
                which comprise approximately 38,594 acres, as generally 
                depicted on a map entitled ``Redcloud Peak Wilderness 
                Proposal'', dated March 22, 2002, which shall be known 
                as the Redcloud Peak Wilderness.
                    (C) Certain lands which comprise approximately 
                6,878 acres, as generally depicted on a map entitled 
                ``West Elk Addition Wilderness Proposal'', dated March 
                22, 2002, and which are hereby incorporated in and 
                shall be deemed to be a part of the West Elk Wilderness 
                designated by Public Law 88-577.
            (8) Certain lands in the Gunnison Resource Area and the 
        Gunnison National Forest and Rio Grande National Forest which 
        comprise approximately 72,397 acres, as generally depicted on a 
        map entitled ``Handies Peak Wilderness Proposal'', dated March 
        22, 2002, which shall be known as the Handies Peak Wilderness.
            (9) Certain lands in the Kremmling Resource Area which 
        comprise approximately 33 acres, as generally depicted on a map 
        entitled ``Platte River Addition Wilderness Proposal'', dated 
        March 22, 2002, and which are hereby incorporated in and shall 
        be deemed to be part of the Platte River Wilderness designated 
        by Public Law 98-550.
            (10) Certain lands in the Kremmling Resource Area, the 
        Arapaho National Forest, and the Routt National Forest which 
        comprise approximately 119,688 acres, as generally depicted on 
        a map entitled ``Troublesome Wilderness Proposal'', dated March 
        22, 2002, which shall be known as the Troublesome Wilderness.
            (11) Certain lands in the Royal Gorge Resource Area and the 
        Pike National Forest which comprise approximately 34,873 acres, 
        as generally depicted on a map entitled ``Browns Canyon 
        Wilderness Proposal'', dated May 12, 2003, which shall be known 
        as the Browns Canyon Wilderness.
            (12) Certain lands in the Uncompahgre Resource Area and the 
        Grand Mesa National Forest which comprise approximately 10,742 
        acres as generally depicted on a map entitled ``Adobe Badlands 
        Wilderness Area Proposal'', dated March 22, 2002, which shall 
        be known as the Adobe Badlands Wilderness.
            (13) Certain lands in the Uncompahgre Resource Area and the 
        Uncompahgre National Forest which comprise approximately 14,503 
        acres, as generally depicted on a map entitled ``Roubideau 
        Addition Wilderness Proposal'', dated March 22, 2002, which 
        shall be known as the Roubideau Wilderness.
            (14) The following areas in the San Juan Resource Area:
                    (A) Certain lands which comprise approximately 
                25,947 acres, as generally depicted on a map entitled 
                ``Cross Canyon Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the Cross Canyon 
                Wilderness.
                    (B) Certain lands which comprise approximately 
                41,133 acres, as generally depicted on a map entitled 
                ``Dolores River Canyon Wilderness Proposal'', dated 
                March 22, 2002, which shall be known as the Dolores 
                River Canyon Wilderness.
                    (C) Certain lands which comprise approximately 
                4,809 acres, as generally depicted on a map entitled 
                ``Mares Tail Canyon Wilderness Proposal'' dated March 
                22, 2002, which shall be known as the Mares Tail 
                Wilderness.
                    (D) Certain lands which comprise approximately 
                33,467 acres, as generally depicted on a map entitled 
                ``McKenna Peak Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the McKenna Peak 
                Wilderness.
                    (E) Certain lands which comprise approximately 
                23,536 acres, as generally depicted on a map entitled 
                ``San Luis Hills Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the San Luis Hills 
                Wilderness.
                    (F) Certain lands which comprise approximately 
                14,598 acres, as generally depicted on a map entitled 
                ``Weber-Menefee Mountain Wilderness Proposal'' dated 
                March 22, 2002, which shall be known as the Weber-
                Menefee Mountain Wilderness.
            (15) The following areas in the Little Snake Resource Area:
                    (A) Certain lands which comprise approximately 
                50,543 acres, as generally depicted on a map entitled 
                ``Cold Spring Mountain Wilderness Proposal'', dated 
                March 22, 2002, which shall be known as the Cold Spring 
                Mountain Wilderness.
                    (B) Certain lands which comprise approximately 
                18,071 acres, as generally depicted on a map entitled 
                ``Cross Mountain Wilderness Proposal'' dated December 
                5, 2005, which shall be known as the Cross Mountain 
                Wilderness.
                    (C) Certain lands which comprise approximately 
                34,010 acres, as generally depicted on a map entitled 
                ``Diamond Breaks Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Diamond Breaks 
                Wilderness.
                    (D) Certain lands which comprise approximately 
                6,753 acres, as generally depicted on a map entitled 
                ``Dragon Canyon Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Dragon Canyon 
                Wilderness.
                    (E) Certain lands which comprise approximately 
                56,249 acres, as generally depicted on a map entitled 
                ``Dinosaur Adjacent Wilderness Proposal'' dated March 
                22, 2002, which shall be known as the Dinosaur 
                Wilderness.
                    (F) Certain lands which comprise approximately 
                86,569 acres, as generally depicted on a map entitled 
                ``Vermillion Basin Wilderness Proposal'', dated March 
                22, 2002, which shall be known as the Vermillion Basin 
                Wilderness.
                    (G) Certain lands which comprise approximately 
                12,436 acres, as generally depicted on a map entitled 
                ``Yampa River Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the Yampa River 
                Wilderness.
            (16) Certain lands in the Royal Gorge Resource Area which 
        comprise approximately 17,318 acres, as generally depicted on a 
        map entitled ``McIntyre Hills Wilderness Proposal'', dated 
        March 22, 2002, which shall be known as the McIntyre 
        Wilderness.
            (17) Certain lands in the Royal Gorge Resource Area and the 
        Pike National Forest which comprise approximately 38,174 acres, 
        as generally depicted on a map entitled ``Beaver Creek 
        Wilderness Proposal'', dated March 22, 2002, which shall be 
        known as the Beaver Creek Wilderness.
            (18) Certain lands in the San Juan Resource Area and the 
        San Juan National which comprise approximately 32,050 acres, as 
        generally depicted on a map entitled ``Snaggletooth Wilderness 
        Proposal'', dated March 22, 2002, which shall be known as the 
        Snaggletooth Wilderness.
            (19) Certain lands in the San Luis Resource Area which 
        comprise approximately 10,864 acres, as generally depicted on a 
        map entitled ``Rio Grande Wilderness Proposal'', dated March 
        22, 2002, which shall be known as the Rio Grande Wilderness.
            (20) The following areas in the White River Resource Area:
                    (A) Certain lands which comprise approximately 
                22,439 acres, as generally depicted on a map entitled 
                ``Black Mountain-Windy Gulch Wilderness Proposal'', 
                dated March 22, 2002, which shall be known as the Black 
                Mountain-Windy Gulch Wilderness.
                    (B) Certain lands which comprise approximately 
                24,854 acres, as generally depicted on a map entitled 
                ``Big Ridge Wilderness Proposal'', dated December 5, 
                2005, which shall be known as the Big Ridge Wilderness.
                    (C) Certain lands which comprise approximately 
                16,781 acres, as generally depicted on a map entitled 
                ``Bull Canyon Wilderness Proposal'' dated March 22, 
                2002, which shall be known as the Bull Canyon 
                Wilderness.
                    (D) Certain lands which comprise approximately 
                25,005 acres, as generally depicted on a map entitled 
                ``Oil Spring Mountain Wilderness Proposal'', dated 
                March 22, 2002, which shall be known as the Oil Spring 
                Mountain Wilderness.
                    (E) Certain lands which comprise approximately 
                20,903 acres, as generally depicted on a map entitled 
                ``Pinyon Ridge Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Pinyon Ridge 
                Wilderness.
                    (F) Certain lands which comprise approximately 
                30,735 acres, as generally depicted on a map entitled 
                ``Skull Creek Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Skull Creek 
                Wilderness.
            (21) Certain lands in the Royal Gorge Resource Area and the 
        San Isabel National Forest which comprise approximately 44,372 
        acres, as generally depicted on a map entitled ``Grape Creek 
        Wilderness Proposal'', dated March 22, 2002, which shall be 
        known as the Grape Creek Wilderness.
    (b) Maps and Descriptions.--As soon as practicable after the date 
of enactment of this Act, the appropriate Secretary shall file a map 
and a boundary description of each area designated as wilderness by 
this Act with the Committee on Resources of the United States House of 
Representatives and the Committee on Energy and Natural Resources of 
the United States Senate. Each map and description shall have the same 
force and effect as if included in this Act, except that the 
appropriate Secretary is authorized to correct clerical and 
typographical errors in such boundary descriptions and maps. Such maps 
and boundary descriptions shall be on file and available for public 
inspection in the Office of the Director of the Bureau of Land 
Management, Department of the Interior, and in the Office of the Chief 
of the Forest Service, Department of Agriculture, as appropriate.
    (c) State and Private Lands.--Lands within the exterior boundaries 
of any wilderness area designated under this section that are owned by 
the State or by a private entity shall be included within such 
wilderness area if such lands are acquired by the United States. Such 
lands may be acquired by the United States only as provided in the 
Wilderness Act (16 U.S.C. 1131 and following).

SEC. 3. ADMINISTRATIVE PROVISIONS.

    (a) In General.--Subject to valid existing rights, lands designated 
as wilderness by this Act shall be managed by the Secretary of 
Agriculture or the Secretary of the Interior, as appropriate, in 
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this 
Act, 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 
enactment of this Act.
    (b) Grazing.--Grazing of livestock in wilderness areas designated 
by this Act shall be administered in accordance with the provisions of 
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, and, the 
guidelines set forth in Appendix A of House Report 101-405 of the 101st 
Congress.
    (c) 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.
    (d) Water.--(1) With respect to each wilderness area designated by 
this Act, Congress hereby reserves a quantity of water sufficient to 
fulfill the purposes of this Act. The priority date of such reserved 
rights shall be the date of enactment of this Act.
    (2) The appropriate Secretary and all other officers of the United 
States shall take steps necessary to protect the rights reserved by 
paragraph (1), including the filing by the Secretary of a claim for the 
quantification of such rights in any present or future appropriate 
stream adjudication in the courts of the State of Colorado in which the 
United States is or may be joined and which is conducted in accordance 
with the McCarran Amendment (43 U.S.C. 666).
    (3) Nothing in this Act shall be construed as a relinquishment or 
reduction of any water rights reserved or appropriated by the United 
States in the State of Colorado on or before the date of enactment of 
this Act.
    (4) The Federal water rights reserved by this Act are specific to 
the wilderness areas located in the State of Colorado designated by 
this title. Nothing in this title related to reserved Federal water 
rights shall be construed as establishing a precedent with regard to 
any future designations, nor shall it constitute an interpretation of 
any other Act or any designation made pursuant thereto.
    (e) 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 designated as wilderness and 
        as potential wilderness by this Act 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 lands designated as wilderness by 
        this Act for the conduct of activities identified in the 
        memorandum. If the Colorado Army National Guard identifies such 
        an alternate location outside of the lands designated as 
        wilderness by this Act that meets its aerial training needs, 
        the memorandum of understanding shall be modified accordingly, 
        subject to the agreement of all parties thereto.
    (f) Potential Wilderness Designations.--
            (1) In general.--The following lands are designated as 
        potential wilderness areas:
                    (A) Certain lands which comprise approximately 
                20,843 acres, as generally depicted on a map entitled 
                ``Deep Creek Wilderness Proposal'', dated March 22, 
                2002, which shall be known as the Deep Creek 
                Wilderness.
                    (B) Certain lands which comprise approximately 
                15,679 acres, as generally depicted on a map entitled 
                ``Pisgah Mountain Wilderness Proposal'', dated March 
                22, 2002, which shall be known as the Pisgah Mountain 
                Wilderness.
            (2) Designation as wilderness.--Lands described in 
        paragraph (1) shall be designated as wilderness upon 
        publication in the Federal Register by the Secretary of a 
        notice that all nonconforming uses of those lands provided for 
        under subsection (e) that would be prohibited in wilderness by 
        the Wilderness Act have ceased. Such publication in the Federal 
        Register by the Secretary and subsequent designation as 
        wilderness shall occur as the nonconforming use ceases in any 
        of the individual areas identified and shall not be dependent 
        on cessation of the nonconforming uses in all the potential 
        wilderness areas identified.
            (3) Management.--Except for activities provided for under 
        subsection (e), lands described in paragraph (1) shall be 
        managed by the Secretary in accordance with the Wilderness Act 
        as wilderness until those lands are designated as wilderness 
        under this subsection.
                                 <all>