[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1701 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1701

 To designate certain lands in the State of Colorado as components of 
the National Wilderness Preservation System, to designate the Red Table 
  Mountain, Pisgah Mountain, Castle Peak, Tenmile, Hoosier Ridge, and 
   Porcupine Gulch Special Management Areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2011

  Mr. Polis 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, to designate the Red Table 
  Mountain, Pisgah Mountain, Castle Peak, Tenmile, Hoosier Ridge, and 
   Porcupine Gulch Special Management Areas, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Eagle and Summit 
County Wilderness Preservation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Designation of additional wilderness in the State of Colorado.
Sec. 4. Red Table Mountain, Pisgah Mountain, and Castle Peak Special 
                            Management Areas.
Sec. 5. Tenmile and Hoosier Ridge Special Management Areas.
Sec. 6. Porcupine Gulch Special Management Area.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                public land administered by the Secretary of the 
                Interior through the Bureau of Land Management.
            (2) Wilderness area.--The term ``wilderness area'' means 
        each wilderness area designated, or area of National Forest 
        System land incorporated in an existing wilderness area, by the 
        amendments made by sections 3(a) and 4(c).

SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS IN THE STATE OF COLORADO.

    (a) Designation.--Section 2(a) of the Colorado Wilderness Act of 
1993 (Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132 note) is 
amended--
            (1) in paragraph (18), by striking ``1993,'' and inserting 
        ``1993, and certain lands in the Acorn Creek/Ute Pass and 
        Ptarmigan A areas of the White River National Forest which 
        comprise approximately 6,190 acres, as depicted on a map 
        entitled `Additions to Ptarmigan Peak Wilderness Proposal' and 
        dated September 2010,''; and
            (2) by adding at the end the following new paragraphs:
            ``(22) Certain lands in the White River National Forest 
        which comprise approximately 4,440 acres, as depicted on a map 
        entitled `Hoosier Ridge Proposal' and dated September 2010, and 
        which shall be known as the Hoosier Ridge Wilderness.
            ``(23) Certain lands in the White River National Forest 
        which comprise approximately 6,900 acres, as depicted on a map 
        entitled `Adam Mountain Wilderness Proposal' and dated 
        September 2010, and which shall be known as the Adam Mountain 
        Wilderness.
            ``(24) Certain lands in the White River National Forest 
        which comprise approximately 3,770 acres, as depicted on a map 
        entitled `Tenmile Proposal' and dated September 2010, and which 
        shall be known as the Tenmile Wilderness.
            ``(25) Certain lands in the White River National Forest 
        which comprise approximately 8,960 acres, as depicted on a map 
        entitled `Williams Fork Wilderness Proposal' and dated 
        September 2010, and which shall be known as the Williams Fork 
        Wilderness.
            ``(26) Certain public lands administered by the Colorado 
        River Valley Field Office of the Bureau of Land Management 
        which comprise approximately 14,670 acres, as depicted on a map 
        entitled `Bull Gulch Wilderness Proposal' and dated September 
        2010, and which shall be known as the Bull Gulch Wilderness.
            ``(27) Certain lands administered by the Colorado River 
        Valley Field Office of the Bureau of Land Management which 
        comprise approximately 12,080 acres, as depicted on a map 
        entitled `Castle Peak Proposal' and dated September 2010, and 
        which shall be known as the Castle Peak Wilderness.
            ``(28) Certain lands in the No Name, West Lake Creek, and 
        Woods Lake areas of the White River National Forest which 
        comprise approximately 14,500 acres, as depicted on a map 
        entitled `Additions to Holy Cross Wilderness Proposal' and 
        dated September 2010, and which are hereby incorporated in and 
        shall be deemed to be a part of the Holy Cross Wilderness 
        designated by section 102(a)(5) of Public Law 96-560 (94 Stat. 
        3266).
            ``(29) Certain lands in the Freeman Creek and Spraddle 
        Creek areas of the White River National Forest which comprise 
        approximately 10,280 acres, as depicted on a map entitled 
        `Additions to Eagles Nest Wilderness Proposal' and dated 
        September 2010, and which are hereby incorporated in and shall 
        be deemed to be a part of the Eagles Nest Wilderness designated 
        by the first section of Public Law 94-352 (90 Stat. 870).''.
    (b) Maps and Legal Descriptions.--
            (1) Filing.--As soon as practicable after the date of 
        enactment of this Act, the Secretary concerned shall file a map 
        and a legal description of each wilderness area with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Force of law.--The maps and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary concerned may 
        correct typographical errors in the maps and legal 
        descriptions.
            (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service or Bureau of Land Management.
    (c) Administration.--Subject to valid existing rights, the 
wilderness areas shall be administered by the Secretary concerned in 
accordance with this section, Public Law 103-77, and the Wilderness Act 
(16 U.S.C. 1131 et seq.), except that--
            (1) any reference in the Wilderness Act to the effective 
        date of that Act shall be considered to be a reference to the 
        date of the enactment of this Act; and
            (2) any reference in the Wilderness Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary concerned.
    (d) Fire Management and Related Activities.--
            (1) Authority.--The Secretary concerned may take such 
        measures in a wilderness area as are necessary for the control 
        of fire, insects, and diseases in accordance with section 
        4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House 
        Report 98-40 of the 98th Congress.
            (2) Funding priorities.--Nothing in this section limits 
        funding for fire and fuels management in the wilderness areas.
            (3) Revision and development of local fire management 
        plans.--As soon as practicable after the date of enactment of 
        this Act, the Secretary concerned shall amend the local fire 
        management plans that apply to the wilderness areas.
            (4) Administration.--Consistent with paragraph (1) and 
        other applicable Federal law, to ensure a timely and efficient 
        response to fire emergencies in the wilderness areas, the 
        Secretary concerned shall--
                    (A) not later than 1 year after the date of 
                enactment of this Act, establish agency approval 
                procedures (including appropriate delegations of 
                authority to the Forest Supervisor, District Manager, 
                or other agency officials) for responding to fire 
                emergencies; and
                    (B) enter into agreements with the State of 
                Colorado or local firefighting agencies.
    (e) Use of Horses.--Subject to any terms and conditions determined 
to be necessary by the Secretary concerned, nothing in this section 
precludes horseback riding in, or the entry of recreational or 
commercial saddle or pack stock into, a wilderness area in accordance 
with the Wilderness Act (16 U.S.C. 1131).
    (f) Military Helicopter Overflights.--
            (1) In general.--Nothing in this Act restricts or 
        precludes, or should cause any other Federal regulation to 
        restrict or preclude--
                    (A) low-level overflights of military helicopters 
                over the wilderness areas, including military 
                overflights that can be seen or heard within the 
                wilderness areas;
                    (B) flight testing, and evaluation over the 
                wilderness areas; or
                    (C) the designation or creation of new units of 
                special use airspace, or the establishment of military 
                flight training routes, over the wilderness areas.
            (2) Military aerial navigation training exercises.--The 
        Colorado Army National Guard, through the High-Altitude Army 
        National Guard Aviation Training Site, may conduct aerial 
        navigation training maneuver exercises over the wilderness 
        areas designated by the amendment made by subsection (a)(2)--
                    (A) in the manner and degree consistent with 
                current authorizations, and under current interagency 
                agreements, in effect as of the date of the enactment 
                of this Act; or
                    (B) in a manner consistent with subsequent 
                interagency agreements between the Colorado Army 
                National Guard or Department of Defense and the Bureau 
                of Land Management or the Forest Service.
    (g) Release of Wilderness Study Areas.--
            (1) Finding.--Congress finds that, for the purposes of 
        section 603(c) of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1782(c)), the portions of the Castle Peak and 
        Bull Gulch wilderness study areas that are not designated 
        wilderness by the amendment made by subsection (a)(2) have been 
        adequately studied for wilderness designation.
            (2) Release.--Any public land referred to in paragraph (1) 
        that is not designated as wilderness by the amendment made by 
        subsection (a)(2)--
                    (A) has been adequately studied for wilderness 
                designation pursuant to section 603(c) of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1782(c));
                    (B) is no longer subject to such section; and
                    (C) shall be managed in accordance with the 
                applicable land use plan adopted under section 202 of 
                that Act (43 U.S.C. 1712).

SEC. 4. RED TABLE MOUNTAIN, PISGAH MOUNTAIN, AND CASTLE PEAK SPECIAL 
              MANAGEMENT AREAS.

    (a) Designation of Additional Areas.--Section 9(a) of the Colorado 
Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 764) is amended by 
adding at the end the following new paragraphs:
            ``(4) Certain lands in the White River National Forest, 
        comprising approximately 55,320 acres as generally depicted on 
        a map entitled `Red Table Mountain Area' and dated September 
        2010, except that, with respect to these lands and consistent 
        with this section, the Secretary of Agriculture may take any 
        measures that the Secretary determines to be necessary to 
        control fire, insects, and diseases, including, as the 
        Secretary determines appropriate, the coordination of those 
        activities with the State of Colorado or a local agency.
            ``(5) Certain public lands administered by the Colorado 
        River Valley Field Office of the Bureau of Land Management, 
        comprising approximately 13,770 acres as generally depicted on 
        a map entitled `Pisgah Mountain Area' and dated September 2010.
            ``(6) Certain public lands administered by the Colorado 
        River Valley Field Office of the Bureau of Land Management, 
        comprising approximately 4,000 acres as generally depicted on a 
        map entitled `Castle Peak Area' and dated September 2010.''.
    (b) Management.--Section 9(b) of the Colorado Wilderness Act of 
1993 (Public Law 103-77; 107 Stat. 764) is amended--
            (1) in paragraph (4), by striking the second sentence; and
            (2) by adding at the end the following new paragraphs:
    ``(4)(A) Except as otherwise provided in this Act, mechanized or 
motorized travel shall not be permitted in areas described in 
subsection (a).
    ``(B)(i) The Secretary of Agriculture may permit motorized travel 
on trail number 535 in the San Juan National Forest during periods of 
adequate snow cover.
    ``(ii) The Secretary of Agriculture shall permit bicycle travel on 
trail number 1912.1 (Red Hill) to the intersection with trail number 
1870.1 (Mount Thomas), and on trail number 1870.1 (Mount Thomas) west 
of the intersection with trail number 1912.1 (Red Hill) in the White 
River National Forest.
    ``(5)(A) Nothing in this Act shall restrict, preclude or otherwise 
affect the use by the Colorado Army National Guard, a reserve component 
of the Armed Forces, of the Red Table Mountain Area, Pisgah Mountain 
Area or Castle Peak Area for helicopter training, testing, evaluation, 
emergency response, or other related air and ground operations--
            ``(i) in the manner and degree such uses were authorized to 
        occur on the date of the enactment of the Eagle and Summit 
        County Wilderness Preservation Act; or
            ``(ii) as authorized under future agreements between the 
        Secretary of Agriculture, on behalf of the Forest Service, the 
        Secretary of the Interior, on behalf of the Bureau of Land 
        Management, and the Secretary of Defense.
    ``(B) Nothing in this Act restricts or precludes, or should cause 
any other Federal regulation to restrict or preclude--
            ``(i) low-level overflights of military helicopters over 
        the Red Table Area, Pisgah Mountain Area, or Castle Peak Area;
            ``(ii) takeoffs or landings, or related air and ground 
        operations in the event of an emergency or a search and rescue, 
        emergency response, or recovery operation; or
            ``(iii) the designation, modification, or creation of new 
        units of special use airspace, or the establishment of military 
        flight training routes, over the Red Table Mountain Area, 
        Pisgah Mountain Area, or Castle Peak Area.
    ``(C) Nothing in this Act shall create any protective perimeter or 
buffer zone. The fact that military activities or uses can be seen or 
heard from within the Red Table Mountain Area, Pisgah Mountain Area, or 
Castle Peak Area shall not preclude the conduct of those activities or 
uses outside the boundary of each area.''.
    (c) Eventual Wilderness Designation for Castle Peak and Pisgah 
Mountain Areas.--Section 9 of the Colorado Wilderness Act of 1993 
(Public Law 103-77; 107 Stat. 764) is amended by adding at the end the 
following new subsection:
    ``(d) Eventual Wilderness Designation for Castle Peak and Pisgah 
Mountain Areas.--
            ``(1) In general.--The Castle Peak and Pisgah Mountain 
        areas designated by subsection (a) shall be designated as 
        wilderness on the date on which the Secretary, in consultation 
        with the Secretary of Defense, publishes in the Federal 
        Register a notice that the Castle Peak and Pisgah Mountain 
        areas are no longer needed by the Colorado Army National Guard 
        for helicopter training, testing, or evaluation.
            ``(2) Designation.--Upon designation under paragraph (1)--
                    ``(A) the Castle Peak area shall be known as the 
                Castle Peak Wilderness; and
                    ``(B) the Pisgah Mountain area shall be known as 
                the Pisgah Mountain Wilderness.
            ``(3) Administration.--Subject to valid existing rights, 
        the land designated as wilderness by this subsection shall be 
        administered by the Secretary in accordance with this Act and 
        the Wilderness Act (16 U.S.C. 1131 et seq.).''.
    (d) Cross Reference Amendment.--Section 8(b)(2)(A) of the Colorado 
Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762) is amended by 
striking ``Piedra, Roubideau, and Tabeguache areas'' and inserting 
``special management areas''.
    (e) Clerical Amendment.--The heading of section 9 of the Colorado 
Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 764) is amended to 
read as follows:

``SEC. 9. DESIGNATION OF SPECIAL MANAGEMENT AREAS.''.

SEC. 5. TENMILE AND HOOSIER RIDGE SPECIAL MANAGEMENT AREAS.

    (a) Designation.--The following are hereby designated as special 
management areas:
            (1) Certain Federal land located in the White River 
        National Forest, comprising approximately 3,240 acres, as 
        generally depicted on the map entitled ``Tenmile Proposal'' and 
        dated September 2010, which is designated as the Tenmile 
        Special Management Area.
            (2) Certain Federal land located in the White River 
        National Forest, comprising approximately 1,620 acres, as 
        generally depicted on the map entitled ``Hoosier Ridge 
        Proposal'' and dated September 2010, which is designated as the 
        Hoosier Ridge Special Management Area.
    (b) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary of Agriculture shall file 
        a map and a legal description of the special management areas 
        designated by subsection (a) (referred to in this section as 
        the ``special management areas'') with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Force of law.--The maps and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        typographical errors in the maps and legal descriptions.
            (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.
    (c) Administration.--The Secretary of Agriculture shall administer 
the special management areas in accordance with this section and any 
laws (including regulations) relating to the National Forest System.
    (d) Withdrawal.--Subject to valid existing rights, the Federal land 
in the special management areas is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (e) Prohibited Uses.--Except as provided in subsection (g), the 
following shall be prohibited on the Federal land within the special 
management areas:
            (1) Permanent roads.
            (2) Permanent structures.
            (3) Timber harvesting.
            (4) Except as necessary to meet the minimum requirements 
        for the administration of the special management areas and to 
        protect public health and safety--
                    (A) the use of motorized vehicles; or
                    (B) the establishment of temporary roads.
            (5) Commercial enterprises, except as necessary--
                    (A) for realizing the recreational or other 
                wilderness purposes of the special management areas; or
                    (B) to fulfill the purposes of subsections (f) and 
                (g).
    (f) Wildfire, Insect, and Disease Management.--Consistent with this 
section, the Secretary of Agriculture may take any measures that the 
Secretary determines to be necessary to control fire, insects, and 
diseases, including, as the Secretary determines appropriate, the 
coordination of those activities with the State of Colorado or local 
agency.
    (g) Regional Transportation Projects.--Nothing in this section 
precludes the Secretary of Agriculture from authorizing, consistent 
with applicable laws (including regulations), the use or lease of 
Federal land within the Tenmile Special Management Area for--
            (1) regional transportation projects, including highway 
        widening or realignment and construction of multimodal 
        transportation systems; and
            (2) infrastructure, activities, or safety measures 
        associated with the implementation or utilization of those 
        facilities.

SEC. 6. PORCUPINE GULCH SPECIAL MANAGEMENT AREA.

    (a) Designation.--Certain Federal land located in the White River 
National Forest, comprising approximately 6,180 acres, as generally 
depicted on the map entitled ``Porcupine Gulch Protection Area'' and 
dated September 2010, which is hereby designated as the Porcupine Gulch 
Special Management Area (referred to in this section as the ``special 
management area'').
    (b) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary of Agriculture shall file 
        a map and a legal description of the special management area 
        with--
                    (A) the Committee on Natural Resources of the House 
                of Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate.
            (2) Force of law.--The map and legal description filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        typographical errors in the map and legal description.
            (3) Public availability.--The map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.
    (c) Administration.--The Secretary of Agriculture shall administer 
the special management area--
            (1) in accordance with this section and any laws (including 
        regulations) relating to the National Forest System; and
            (2) except as provided in subsection (f), to maintain the 
        special management area's wilderness character and potential 
        for inclusion in the National Wilderness Preservation System.
    (d) Withdrawal.--Subject to valid existing rights, the Federal land 
in the special management area is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (e) Prohibited Uses.--Except as provided in subsection (f), the 
following shall be prohibited on the Federal land within the special 
management area:
            (1) Permanent or temporary roads.
            (2) Permanent structures.
            (3) Commercial enterprises.
            (4) Timber harvesting.
            (5) Motorized and mechanized vehicles.
    (f) Regional Transportation Projects.--Nothing in this section 
precludes the Secretary from authorizing, consistent with applicable 
laws (including regulations), the use or lease of Federal land within 
the special management area for--
            (1) regional transportation projects, including highway 
        widening or realignment and construction of multimodal 
        transportation systems; and
            (2) infrastructure, activities, or safety measures 
        associated with the implementation or utilization of those 
        facilities.
    (g) Wildfire, Insect, and Disease Management.--Consistent with this 
section, the Secretary of Agriculture may take any measures that the 
Secretary determines to be necessary to control fire, insects, and 
diseases, including, as the Secretary determines appropriate, the 
coordination of those activities with a State or local agency.
    (h) Military Overflights.--Nothing in this section restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        special management area, including military overflights that 
        can be seen or heard within the special management area;
            (2) flight testing and evaluation; or
            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the special management area.
                                 <all>