[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3066 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3066

 To designate certain National Forest System land in the Pike and San 
 Isabel National Forests and certain land 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 SENATE OF THE UNITED STATES

                              May 22, 2008

  Mr. Salazar introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To designate certain National Forest System land in the Pike and San 
 Isabel National Forests and certain land 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. DEFINITIONS.

    In this Act:
            (1) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                the National Forest System land designated as 
                wilderness by section 3(a)(1)(A); and
                    (B) the Secretary of the Interior, with respect to 
                the land in the Royal Gorge Resource Area of the Bureau 
                of Land Management designated as wilderness by section 
                3(a)(1)(B).
            (2) State.--The term ``State'' means the State of Colorado.
            (3) Wilderness area.--The term ``wilderness area'' means 
        the Browns Canyon Wilderness designated by section 3(a)(1).
            (4) Wilderness map.--The term ``wilderness map'' means the 
        map entitled ``Browns Canyon Proposed Wilderness'' and dated 
        May 20, 2008.

SEC. 3. DESIGNATION OF BROWNS CANYON WILDERNESS, PIKE AND SAN ISABEL 
              NATIONAL FORESTS AND ROYAL GORGE RESOURCE AREA, COLORADO.

    (a) Designation.--
            (1) In general.--In furtherance of the Wilderness Act (16 
        U.S.C. 1131 et seq.), the following land in the State is 
        designated as wilderness and as a component of the National 
        Wilderness Preservation System, to be known as ``Browns Canyon 
        Wilderness'':
                    (A) Certain land in the Pike and San Isabel 
                National Forests, comprising approximately 12,104 
                acres, as generally depicted on the wilderness map.
                    (B) Certain land in the Royal Gorge Resource Area, 
                comprising approximately 7,921 acres, as generally 
                depicted on the wilderness map.
            (2) Wilderness map and legal description.--
                    (A) In general.--As soon as practicable after the 
                date of 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 Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate.
                    (B) Force and effect.--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.
                    (C) Public availability.--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 this Act and the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that any reference in the Wilderness Act to the effective 
date of the Wilderness Act shall be considered to be a reference to the 
date of enactment of this Act.
    (c) Grazing.--The grazing of livestock and the maintenance of 
facilities related to grazing in the wilderness area, if established 
before the date of 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 affects the 
jurisdiction or responsibilities of the State with respect to wildlife 
and fish in the State.
    (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) Findings.--Congress finds that--
                    (A) the land designated as wilderness by this Act 
                is--
                            (i) arid in nature;
                            (ii) generally not suitable for--
                                    (I) the development of new water 
                                resource facilities; or
                                    (II) the expansion of existing 
                                water resource facilities; and
                            (iii) located at or near the headwaters of 
                        streams on land with respect to which there are 
                        no or limited--
                                    (I) actual or proposed water 
                                resource facilities located upstream; 
                                or
                                    (II) opportunities for diversion, 
                                storage, or other uses of water 
                                occurring outside the land;
                    (B) the boundaries of the land designated as 
                wilderness by this Act are drawn in a manner that 
                specifically precludes any conflict with the existing 
                or future management and use of the water of the 
                Arkansas River in the State; and
                    (C) because of the nature of the land designated as 
                wilderness by this Act, it is possible to provide for 
                proper management and protection of the wilderness and 
                other values of the land in ways different from those 
                used in other laws.
            (2) Limitation on new water resource facilities.--
                    (A) Definition of water resource facility.--In this 
                paragraph, the term ``water resource facility'' means 
                an irrigation or pumping facility, reservoir, water 
                conservation work, aqueduct, canal, ditch, pipeline, 
                well, hydropower project, transmission or other 
                ancillary facility, or any other water diversion, 
                storage, or carriage structure.
                    (B) Restriction on new water resource facilities.--
                Except as otherwise provided in this Act, on or after 
                the date of 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 the wilderness area.
                    (C) Effect of paragraph.--Nothing in this paragraph 
                affects or limits the use, operation, maintenance, 
                repair, modification, or replacement of a water 
                resource facility that is--
                            (i) located within the boundaries of the 
                        wilderness area; and
                            (ii) in existence on the date of enactment 
                        of this Act.
            (3) Effect on water rights.--Nothing in this Act--
                    (A) affects any vested absolute or decreed 
                conditional water rights (including any water rights 
                held by the United States) in existence on the date of 
                enactment of this Act;
                    (B) establishes a precedent with regard to any 
                future wilderness designations; or
                    (C) limits, alters, or amends any interstate 
                compact or equitable apportionment decree that 
                apportions water among and between the State and other 
                States.
    (g) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this Act, the wilderness area is 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) disposition under laws relating 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 1 year after the date of 
        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.--
            (1) In general.--Nothing in this Act creates or implies the 
        creation of protective perimeters or buffer zones around the 
        wilderness area.
            (2) Activities outside wilderness area.--The fact that an 
        activity in, or use of, non-wilderness areas can be seen or 
        heard from within the wilderness area shall not preclude the 
        activity or use as a result of this Act.
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