II 110th CONGRESS 2d Session S. 3066 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.

1.

Short title

This Act may be cited as the Browns Canyon Wilderness Act.

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.

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.