[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4289 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4289

 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 11, 2009

 Ms. DeGette introduced the following bill; which was referred to the 
                     Committee on Natural 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 2009''.
    (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 NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE 
              STATE OF COLORADO.

    (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 managed by the Glenwood Springs 
        Field Office:
                    (A) Certain lands which comprise approximately 
                15,155 acres, as generally depicted on a map titled 
                ``Bull Gulch Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Bull 
                Gulch Wilderness.
                    (B) Certain lands which comprise approximately 
                16,263 acres, as generally depicted on a map titled 
                ``Castle Peak Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Castle 
                Peak Wilderness.
                    (C) Certain lands which comprise approximately 316 
                acres, as generally depicted on a map titled ``Maroon 
                Bells Snowmass Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Maroon 
                Bells Wilderness.
                    (D) Certain lands which comprise approximately 
                11,701 acres, as generally depicted on a map titled 
                ``Grand Hogback Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Grand 
                Hogback Wilderness.
            (2) The following areas managed by the Glenwood Springs 
        Field Office or located in the White River National Forest:
                    (A) Certain lands which comprise approximately 
                16,427 acres, as generally depicted on a map titled 
                ``Flat Tops Addition Proposed Wilderness Area'', dated 
                September 17, 2007, 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 titled 
                ``Thompson Creek Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the 
                Thompson Creek Wilderness.
            (3) The following areas managed by the Grand Junction Field 
        Office:
                    (A) Certain lands which comprise approximately 
                21,110 acres, as generally depicted on a map titled 
                ``Bangs Canyon Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Bangs 
                Canyon Wilderness.
                    (B) Certain lands which comprise approximately 
                25,881 acres, as generally depicted on a map titled 
                ``Demaree Canyon Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Demaree 
                Canyon Wilderness.
                    (C) Certain lands which comprise approximately 
                14,089 acres, as generally depicted on a map titled 
                ``Granite Creek Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Granite 
                Creek Wilderness.
                    (D) Certain lands which comprise approximately 
                30,557 acres, as generally depicted on a map titled 
                ``Little Bookcliffs Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Little 
                Bookcliffs Wilderness.
                    (E) Certain lands which comprise approximately 
                26,914 acres, as generally depicted on a map titled 
                ``The Palisade Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the 
                Palisade Wilderness.
                    (F) Certain lands which comprise approximately 
                27,569 acres, as generally depicted on a map titled 
                ``South Shale Ridge Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the South 
                Shale Ridge Wilderness.
            (4) Certain lands managed by the Grand Junction Field 
        Office or located in the Uncompahgre National Forest, which 
        comprise approximately 39,392 acres, as generally depicted on a 
        map titled ``Unaweep Proposed Wilderness Area'', dated 
        September 17, 2007, which shall be known as the Unaweep 
        Wilderness.
            (5) Certain lands managed by the Grand Junction Field 
        Office and San Juan Field Office and in the Manti-LaSal 
        National Forest which comprise approximately 65,448 acres, as 
        generally depicted on a map titled ``Sewemup Mesa Proposed 
        Wilderness Area'', dated September 17, 2007, which shall be 
        known as the Sewemup Mesa Wilderness.
            (6) The following areas managed by Gunnison Field Office:
                    (A) Certain lands which comprise approximately 
                3,306 acres, as generally depicted on a map titled 
                ``Powderhorn Additions Proposed Wilderness Area'', 
                dated September 17, 2007, 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 which comprise approximately 
                38,594 acres, as generally depicted on a map titled 
                ``Redcloud Peak Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the 
                Redcloud Peak Wilderness.
                    (C) Certain lands which comprise approximately 
                6,878 acres, as generally depicted on a map titled 
                ``West Elk Addition Proposed Wilderness Area'', dated 
                September 17, 2007, 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.
            (7) Certain lands managed by the Gunnison Field Office or 
        located in the Gunnison National Forest and Rio Grande National 
        Forest which comprise approximately 72,397 acres, as generally 
        depicted on a map titled ``Handies Peak Proposed Wilderness 
        Area'', dated September 17, 2007, which shall be known as the 
        Handies Peak Wilderness.
            (8) Certain lands managed by the Kremmling Field Office 
        which comprise approximately 33 acres, as generally depicted on 
        a map titled ``Platte River Addition Proposed Wilderness 
        Area'', dated September 17, 2007, and which are hereby 
        incorporated in and shall be deemed to be part of the Platte 
        River Wilderness designated by Public Law 98-550.
            (9) The following areas managed by the Uncompahgre Field 
        Office or located in the Uncompahgre National Forest:
                    (A) Certain lands which comprise approximately 
                22,604 acres, as generally depicted on a map titled 
                ``Roubideau Proposed Wilderness Area'', dated September 
                17, 2007, which shall be known as the Roubideau 
                Wilderness.
                    (B) Certain lands which comprise approximately 
                13,288 acres, as generally depicted on a map titled 
                ``Norwood Canyon Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Norwood 
                Canyon Wilderness.
            (10) The following areas managed by the San Juan Field 
        Office:
                    (A) Certain lands which comprise approximately 
                25,947 acres, as generally depicted on a map titled 
                ``Cross Canyon Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Cross 
                Canyon Wilderness.
                    (B) Certain lands which comprise approximately 
                33,467 acres, as generally depicted on a map titled 
                ``McKenna Peak Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the McKenna 
                Peak Wilderness.
                    (C) Certain lands which comprise approximately 
                14,598 acres, as generally depicted on a map titled 
                ``Weber-Menefee Mountain Proposed Wilderness Area'', 
                dated September 17, 2007, which shall be known as the 
                Weber-Menefee Mountain Wilderness.
            (11) Certain lands managed by the Uncompahgre and San Juan 
        Field Offices which comprise approximately 41,133 acres, as 
        generally depicted on a map titled ``Dolores River Canyon 
        Proposed Wilderness Area'', dated September 17, 2007, which 
        shall be known as the Dolores River Canyon Wilderness.
            (12) The following areas managed by the Royal Gorge Field 
        Office:
                    (A) Certain lands which comprise approximately 
                17,318 acres, as generally depicted on a map titled 
                ``McIntyre Hills Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the 
                McIntyre Wilderness.
                    (B) Certain lands which comprise approximately 
                27,888 acres, as generally depicted on a map titled 
                ``Table Mountain Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Table 
                Mountain Wilderness.
            (13) The following areas managed by the Royal Gorge Field 
        Office or located in the Pike National Forest:
                    (A) Certain lands which comprise approximately 
                38,378 acres, as generally depicted on a map titled 
                ``Beaver Creek Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Beaver 
                Creek Wilderness.
                    (B) Certain lands which comprise approximately 
                25,229 acres, as generally depicted on a map titled 
                ``Badger Creek Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Badger 
                Creek Wilderness.
                    (C) Certain lands which comprise approximately 
                20,025 acres, as generally depicted on a map titled 
                ``Browns Canyon Proposed Wilderness Area'', dated 
                September 17, 2007, which shall be known as the Browns 
                Canyon Wilderness.
            (14) Certain lands managed by the Royal Gorge Resource Area 
        or located in the San Isabel National Forest which comprise 
        approximately 44,372 acres, as generally depicted on a map 
        titled ``Grape Creek Proposed Wilderness Area'', dated 
        September 17, 2007, which shall be known as the Grape Creek 
        Wilderness.
            (15) Certain lands managed by the San Juan Field Office or 
        located in the San Juan National Forest which comprise 
        approximately 32,050 acres, as generally depicted on a map 
        titled ``Snaggletooth Proposed Wilderness Area'', dated 
        September 17, 2007, which shall be known as the Snaggletooth 
        Wilderness.
    (b) Maps and Descriptions.--As soon as practicable after the date 
of the enactment of this Act, the Secretary shall file a map and a 
boundary description of each area designated as wilderness by this 
section with the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate. Each map and boundary description shall have the same force 
and effect as if included in this Act, except that the Secretary may 
correct clerical and typographical errors in the map or boundary 
description. The 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 of Colorado 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 et seq.).

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 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) In general.--With respect to each wilderness and 
        potential wilderness area designated by this Act, the Secretary 
        shall obtain and exercise any water rights required to fulfill 
        the purposes of the wilderness in accordance with the following 
        provisions:
                    (A) Such water rights shall be appropriated, 
                adjudicated, changed, and administered pursuant to the 
                procedural requirements and priority system of the laws 
                of the State of Colorado.
                    (B) The purposes and other substantive 
                characteristics of such water rights shall be 
                established pursuant to State law, except that the 
                Secretary is specifically authorized to appropriate 
                water under this Act exclusively for the purpose of 
                maintaining groundwater levels, surface water levels, 
                and streamflows on, across, and under the wilderness in 
                order to accomplish the purposes of the wilderness and 
                to protect wilderness uses.
                    (C) Such water rights shall be established and used 
                without interfering with any exercise of a water right 
                in existence on the date of the enactment of this Act 
                for a non-Federal purpose.
            (2) Protecting rights.--The Secretary and all other 
        officers of the United States shall take steps necessary to 
        protect the rights established under 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 section 208 of the Department of Justice 
        Appropriation Act, 1953 (43 U.S.C. 666; commonly known as the 
        McCarran Amendment).
            (3) Relinquishment or reduction.--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 the enactment of 
        this Act.
            (4) Water resource facility.--With respect to each 
        wilderness and potential wilderness area designated by this 
        Act, notwithstanding any other provision of law, on and after 
        the date of the 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 
        development of any new irrigation and pumping facility, 
        reservoir, water conservation work, aqueduct, canal, ditch, 
        pipeline, well, hydropower project, transmission, other 
        ancillary facility, or other water diversion, storage, or 
        carriage structure.
    (e) Aerial Navigation Training Exercises.--
            (1) In general.--The Colorado Army National Guard, through 
        the High-Altitude Army National Guard Aviation Training Site, 
        may conduct aerial navigation training maneuver exercises over 
        and upon the lands designated as potential wilderness by this 
        Act in a manner--
                    (A) consistent with the memorandum of understanding 
                dated August 4, 1987, among the Colorado Army National 
                Guard, the Bureau of Land Management, and the Forest 
                Service; and
                    (B) minimizing the impact to wilderness character, 
                natural features, and a visitor's sense of solitude.
            (2) Review of the memorandum of understanding.--The parties 
        to the memorandum of understanding referred to in paragraph 
        (1)(A) 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 so long as the 
        Colorado Army National Guard conducts activity described in 
        paragraph (1). The review shall include consideration of 
        alternative locations for activities identified in the 
        memorandum of understanding. Such alternative locations must be 
        over and upon National Forest System lands and lands 
        administered by the Bureau of Land Management, other than lands 
        designated as wilderness or as potential wilderness.
            (3) Modification of the memorandum of understanding.--The 
        memorandum of understanding referred to in paragraph (1)(A) may 
        be modified, subject to the agreement of all parties thereto, 
        if the Colorado Army National Guard, in consultation with the 
        Bureau of Land Management and the Forest Service, identifies an 
        alternative location as described in paragraph (2) that meets 
        its aerial training needs.
    (f) Potential Wilderness Designations.--
            (1) In general.--The following lands are designated as 
        potential wilderness areas:
                    (A) Certain lands managed by the Glenwood Springs 
                Field Office or located in the White River National 
                Forest which comprise approximately 20,843 acres, as 
                generally depicted on a map titled ``Deep Creek 
                Proposed Wilderness Area'', dated September 17, 2007, 
                which shall be known as the Deep Creek Wilderness.
                    (B) Certain lands managed by the Glenwood Springs 
                Field Office which comprise approximately 15,679 acres, 
                as generally depicted on a map titled ``Pisgah Mountain 
                Proposed Wilderness Area'', dated September 17, 2007, 
                which shall be known as the Pisgah Mountain Wilderness.
            (2) Designation as wilderness.--Lands described in 
        paragraph (1) shall be designated as wilderness upon the 
        Secretary publishing in the Federal Register 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.
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