[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2420 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2420

 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

                              July 6, 2011

 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; DEFINITION.

    (a) Short Title.--This Act may be cited as the ``Colorado 
Wilderness Act of 2011''.
    (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.--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 (4) by striking ``1993,'' and inserting 
        ``1993, and certain lands managed by the Gunnison Field Office 
        which comprise approximately 3,325 acres, as depicted on a map 
        titled `Proposed Powderhorn Wilderness Addition' and dated 
        October 20, 2010,''; and
            (2) by adding at the end the following paragraphs:
            ``(22) Certain lands managed by the Colorado River Valley 
        Field Office of the Bureau of Land Management which comprise 
        approximately 15,200 acres, as generally depicted on a map 
        titled `Bull Gulch and Castle Peak Proposed Wilderness Areas', 
        dated October 20, 2010, which shall be known as the Bull Gulch 
        Wilderness.
            ``(23) Certain lands managed by the Colorado River Valley 
        Field Office of the Bureau of Land Management which comprise 
        approximately 12,225 acres, as generally depicted on a map 
        titled `Bull Gulch and Castle Peak Proposed Wilderness Areas', 
        dated October 20, 2010, which shall be known as the Castle Peak 
        Wilderness.
            ``(24) Certain lands managed by the Colorado River Valley 
        Field Office of the Bureau of Land Management which comprise 
        approximately 325 acres, as generally depicted on a map titled 
        `Maroon Bells Proposed Wilderness', dated October 20, 2010, 
        which is hereby incorporated in and shall be deemed to be a 
        part of the Maroon Bells-Snowmass Wilderness Area designated by 
        Public Law 88-577.
            ``(25) Certain lands managed by the Gunnison Field Office 
        of the Bureau of Land Management which comprise approximately 
        38,180 acres, as generally depicted on a map titled `Redcloud 
        and Handies Peak Proposed Wildernesses', dated October 21, 
        2010, which shall be known as the Redcloud Peak Wilderness.
            ``(26) Certain lands managed by the Gunnison Field Office 
        of the Bureau of Land Management which comprise approximately 
        16,350 acres, as generally depicted on a map titled `Redcloud 
        and Handies Peak Proposed Wildernesses', dated October 21, 
        2010, which shall be known as the Handies Peak Wilderness.
            ``(27) Certain lands managed by the Royal Gorge Field 
        Office of the Bureau of Land Management or located in the Pike 
        National Forest which comprise approximately 19,825 acres, as 
        generally depicted on a map titled `Browns Canyon Proposed 
        Wilderness Area', dated October 20, 2010, which shall be known 
        as the Browns Canyon Wilderness.
            ``(28) Certain lands managed by the Royal Gorge Field 
        Office of the Bureau of Land Management which comprise 
        approximately 16,690 acres, as generally depicted on a map 
        titled `McIntyre Hills Proposed Wilderness Area', dated October 
        20, 2010, which shall be known as the McIntyre Hills 
        Wilderness.
            ``(29) Certain lands managed by the Glenwood Springs Field 
        Office of the Bureau of Land Management which comprise 
        approximately 11,701 acres, as generally depicted on a map 
        titled `Grand Hogback Proposed Wilderness Area', dated May 31, 
        2011, which shall be known as the Grand Hogback Wilderness.
            ``(30) Certain lands managed by the Glenwood Springs Field 
        Office of the Bureau of Land Management or located in the White 
        River National Forest which comprise approximately 16,427 
        acres, as generally depicted on a map titled `Flat Tops 
        Addition Proposed Wilderness Area', dated May 31, 2011, 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.
            ``(31) Certain lands managed by the Grand Junction Field 
        Office which comprise approximately 25,881 acres, as generally 
        depicted on a map titled `Demaree Canyon Proposed Wilderness 
        Area', dated May 31, 2011, which shall be known as the Demaree 
        Canyon Wilderness.
            ``(32) Certain lands managed by the Grand Junction Field 
        Office which comprise approximately 30,557 acres, as generally 
        depicted on a map titled `South Shale Ridge and Little Book 
        Cliffs Proposed Wilderness', dated May 31, 2011, which shall be 
        known as the Little Bookcliffs Wilderness.
            ``(33) Certain lands managed by the Grand Junction Field 
        Office which comprise approximately 27,569 acres, as generally 
        depicted on a map titled `South Shale Ridge and Little Book 
        Cliffs Proposed Wilderness', dated May 31, 2011, which shall be 
        known as the South Shale Ridge Wilderness.''.
    (b) Further 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) Certain lands managed by the Colorado River Valley 
        Field Office of the Bureau of Land Management or located in the 
        White River National Forest: which comprise approximately 
        21,900 acres, as generally depicted on a map titled 
        ``Assignation Ridge Proposed Wilderness Area'', dated May 31, 
        2011, which shall be known as the Thompson Creek Wilderness.
            (2) Certain lands managed by the Royal Gorge Field Office 
        of the Bureau of Land Management which comprise approximately 
        20,950 acres, as generally depicted on a map titled ``Badger 
        Creek Proposed Wilderness Area'', dated October 20, 2010, which 
        shall be known as the Badger Creek Wilderness.
            (3) Certain lands managed by the Royal Gorge Field Office 
        of the Bureau of Land Management which comprise approximately 
        33,425 acres, as generally depicted on a map titled ``Beaver 
        Creek Proposed Wilderness Area'', dated October 20, 2010, which 
        shall be known as the Beaver Creek Wilderness.
            (4) Certain lands managed by the Royal Gorge Field Office 
        of the Bureau of Land Management or located in the San Isabel 
        National Forest which comprise approximately 33,525 acres, as 
        generally depicted on a map titled ``Grape Creek Proposed 
        Wilderness Area'', October 20, 2010, which shall be known as 
        the Grape Creek Wilderness.
            (5) Certain lands managed by the Grand Junction Field 
        Office of the Bureau of Land Management which comprise 
        approximately 21,110 acres, as generally depicted on a map 
        titled ``Bangs Canyon Proposed Wilderness Area'', dated May 31, 
        2011, which shall be known as the Bangs Canyon Wilderness.
            (6) Certain lands managed by the Grand Junction Field 
        Office of the Bureau of Land Management which comprise 
        approximately 14,089 acres, as generally depicted on a map 
        titled ``Granite Creek, Unaweep and Palisade Proposed 
        Wilderness'', dated June 14, 2011, which shall be known as the 
        Granite Creek Wilderness.
            (7) Certain lands managed by the Grand Junction Field 
        Office of the Bureau of Land Management which comprise 
        approximately 26,914 acres, as generally depicted on a map 
        titled ``Granite Creek, Unaweep and Palisade Proposed 
        Wilderness'', dated June 14, 2011, which shall be known as the 
        Palisade Wilderness.
            (8) Certain lands managed by the Grand Junction Field 
        Office of the Bureau of Land Management or located in the 
        Uncompahgre National Forest, which comprise approximately 
        39,392 acres, as generally depicted on a map titled ``Granite 
        Creek, Unaweep and Palisade Proposed Wilderness'', dated June 
        14, 2011, which shall be known as the Unaweep Wilderness.
            (9) Certain lands managed by the Grand Junction Field 
        Office of the Bureau of Land Management 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 May 31, 
        2011, which shall be known as the Sewemup Mesa Wilderness.
            (10) Certain lands managed by the Kremmling Field Office of 
        the Bureau of Land Management which comprise approximately 33 
        acres, as generally depicted on a map titled ``Platte River 
        Addition Proposed Wilderness Area'', dated May 31, 2011, and 
        which are hereby incorporated in and shall be deemed to be part 
        of the Platte River Wilderness designated by Public Law 98-550.
            (11) Certain lands managed by the Uncompahgre Field Office 
        of the Bureau of Land Management or located in the Uncompahgre 
        National Forest which comprise approximately 22,604 acres, as 
        generally depicted on a map titled ``Roubideau Proposed 
        Wilderness Area'', dated May 31, 2011, which shall be known as 
        the Roubideau Wilderness.
            (12) Certain lands managed by the Uncompahgre Field Office 
        of the Bureau of Land Management or located in the Uncompahgre 
        National Forest which comprise approximately 13,288 acres, as 
        generally depicted on a map titled ``Norwood Canyon Proposed 
        Wilderness Area'', dated May 31, 2011, which shall be known as 
        the Norwood Canyon Wilderness.
            (13) Certain lands managed by the San Juan Field Office of 
        the Bureau of Land Management which comprise approximately 
        25,947 acres, as generally depicted on a map titled ``Cross 
        Canyon Proposed Wilderness Area'', dated May 31, 2011, which 
        shall be known as the Cross Canyon Wilderness.
            (14) Certain lands managed by the San Juan Field Office of 
        the Bureau of Land Management which comprise approximately 
        33,467 acres, as generally depicted on a map titled ``McKenna 
        Peak Proposed Wilderness Area'', May 31, 2011, which shall be 
        known as the McKenna Peak Wilderness.
            (15) Certain lands managed by the San Juan Field Office of 
        the Bureau of Land Management Certain lands which comprise 
        approximately 14,598 acres, as generally depicted on a map 
        titled ``Weber-Menefee Mountain Proposed Wilderness Area'', 
        dated May 31, 2011, which shall be known as the Weber-Menefee 
        Mountain Wilderness.
            (16) Certain lands managed by the Uncompahgre and San Juan 
        Field Offices of the Bureau of Land Management which comprise 
        approximately 41,133 acres, as generally depicted on a map 
        titled ``Dolores River Canyon Proposed Wilderness Area'', dated 
        May 31, 2011, which shall be known as the Dolores River Canyon 
        Wilderness.
            (17) Certain lands managed by the San Juan Field Office of 
        the Bureau of Land Management 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 May 31, 2011, which shall be known as 
        the Snaggletooth Wilderness.
    (c) West Elk Addition.--Certain lands in the State of Colorado 
administered by the Gunnison Field Office of the Bureau of Land 
Management, the United States Forest Service, and the Bureau of 
Reclamation which comprise approximately 5,000 acres, as generally 
depicted on a map titled ``West Elk Addition Proposed Wilderness 
Area'', dated December 13, 2010, are hereby designated as wilderness 
and, therefore, as components of the National Wilderness Preservation 
System and are hereby incorporated in and shall be deemed to be a part 
of the West Elk Wilderness designated by Public Law 88-577. The 
boundary adjacent to Blue Mesa Reservoir shall be 50 feet from the high 
water mark.
    (d) Blue Mesa Reservoir.--If the Bureau of Reclamation determines 
that lands within the West Elk Wilderness Addition are necessary for 
future expansion of the Blue Mesa Reservoir, the Secretary shall by 
publication of a revised boundary description in the Federal Register 
revise the boundary of the West Elk Wilderness Addition.
    (e) Maps and Descriptions.--As soon as practicable after the date 
of enactment of the 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.
    (f) 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) Buffer Zones.--
            (1) In general.--Nothing in this Act creates a protective 
        perimeter or buffer zone around any area designated as 
        wilderness by section 2.
            (2) Activities outside wilderness.--The fact that an 
        activity or use on land outside the areas designated as 
        wilderness by section 2 can be seen or heard within the 
        wilderness shall not preclude the activity or use outside the 
        boundary of the wilderness.
    (e) Military Helicopter Overflights.--
            (1) In general.--Nothing in this Act restricts or 
        precludes--
                    (A) low-level overflights of military helicopters 
                over the areas designated as wilderness by section 2, 
                including military overflights that can be seen or 
                heard within any wilderness area;
                    (B) military flight testing and evaluation; or
                    (C) the designation or creation of new units of 
                special use airspace, or the establishment of military 
                flight training routes over any wilderness area.
            (2) 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 this Act--
                    (A) 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 Forest Service; or
                    (B) in a manner consistent with a subsequent 
                memorandum of understanding entered into between the 
                Colorado Army National Guard, the Bureau of Land 
                Management, and the Forest Service.
    (f) Running Events.--The Secretary may continue to authorize 
competitive running events currently permitted in the Redcloud Peak 
Wilderness Area and Handies Peak Wilderness Area in a manner compatible 
with the preservation of such areas as wilderness.
    (g) Land Trades.--If the Secretary trades privately owned land 
within the perimeter of the Redcloud Peak Wilderness Area or the 
Handies Peak Wilderness Area in exchange for Federal land, then such 
Federal land shall be located in Hinsdale County, Colorado.

SEC. 4. WATER.

    (a) Effect on Water Rights.--Nothing in this Act--
            (1) affects the use or allocation, in existence on the date 
        of enactment of this Act, of any water, water right, or 
        interest in water;
            (2) affects any vested absolute or decreed conditional 
        water right in existence on the date of enactment of this Act, 
        including any water right held by the United States;
            (3) affects any interstate water compact in existence on 
        the date of enactment of this Act;
            (4) authorizes or imposes any new reserved Federal water 
        rights; and
            (5) shall be considered to be a relinquishment or reduction 
        of any water rights reserved or appropriated by the United 
        States in the State on or before the date of the enactment of 
        this Act.
    (b) Midstream Areas.--
            (1) Purpose.--The purpose of this subsection is to protect 
        for the benefit and enjoyment of present and future 
        generations--
                    (A) the unique and nationally important values of 
                areas designated as wilderness by section 2(b) 
                (including the geological, cultural, archaeological, 
                paleontological, natural, scientific, recreational, 
                environmental, biological, wilderness, wildlife, 
                riparian, historical, educational, and scenic resources 
                of the public land); and
                    (B) the water resources of area streams, based on 
                seasonally available flows, that are necessary to 
                support aquatic, riparian, and terrestrial species and 
                communities.
            (2) Wilderness water rights.--
                    (A) In general.--The Secretary shall ensure that 
                any water rights within the wilderness designated by 
                section 2(b) required to fulfill the purposes of such 
                wilderness are secured in accordance with subparagraphs 
                (B) through (G).
                    (B) State law.--
                            (i) Procedural requirements.--Any water 
                        rights for which the Secretary pursues 
                        adjudication shall be appropriated, 
                        adjudicated, changed, and administered in 
                        accordance with the procedural requirements and 
                        priority system of State law.
                            (ii) Establishment of water rights.--
                                    (I) In general.--Except as provided 
                                in subclause (II), the purposes and 
                                other substantive characteristics of 
                                the water rights pursued under this 
                                paragraph shall be established in 
                                accordance with State law.
                                    (II) Exception.--Notwithstanding 
                                subclause (I) and in accordance with 
                                this Act, the Secretary may appropriate 
                                and seek adjudication of water rights 
                                to maintain surface water levels and 
                                stream flows on and across the 
                                wilderness designated by section 2(b) 
                                to fulfill the purposes of such 
                                wilderness.
                    (C) Deadline.--The Secretary shall promptly, but 
                not earlier than January 1, 2015, appropriate the water 
                rights required to fulfill the purposes of the 
                wilderness designated by section 2(b).
                    (D) Required determination.--The Secretary shall 
                not pursue adjudication for any instream flow water 
                rights unless the Secretary makes a determination 
                pursuant to subparagraph (E)(ii) or (F).
                    (E) Cooperative enforcement.--
                            (i) In general.--The Secretary shall not 
                        pursue adjudication of any Federal instream 
                        flow water rights established under this 
                        paragraph if--
                                    (I) the Secretary determines, upon 
                                adjudication of the water rights by the 
                                Colorado Water Conservation Board, that 
                                the Board holds water rights sufficient 
                                in priority, amount, and timing to 
                                fulfill the purposes of this 
                                subsection; and
                                    (II) the Secretary has entered into 
                                a perpetual agreement with the Colorado 
                                Water Conservation Board to ensure full 
                                exercise, protection, and enforcement 
                                of the State water rights within the 
                                Wilderness to reliably fulfill the 
                                purposes of this subsection.
                            (ii) Adjudication.--If the Secretary 
                        determines that the provisions of clause (i) 
                        have not been met, the Secretary shall 
                        adjudicate and exercise any Federal water 
                        rights required to fulfill the purposes of the 
                        Wilderness in accordance with this paragraph.
                    (F) Insufficient water rights.--If the Colorado 
                Water Conservation Board modifies the instream flow 
                water rights obtained under subparagraph (E) to such a 
                degree that the Secretary determines that water rights 
                held by the State are insufficient to fulfill the 
                purposes of this Act, the Secretary shall adjudicate 
                and exercise Federal water rights required to fulfill 
                the purposes of this Act in accordance with 
                subparagraph (B).
                    (G) Failure to comply.--The Secretary shall 
                promptly act to exercise and enforce the water rights 
                described in subparagraph (E) if the Secretary 
                determines that--
                            (i) the State is not exercising its water 
                        rights consistent with subparagraph (E)(i)(I); 
                        or
                            (ii) the agreement described in 
                        subparagraph (E)(i)(II) is not fulfilled or 
                        complied with sufficiently to fulfill the 
                        purposes of this Act.
            (3) Water resource facility.--Notwithstanding any other 
        provision of law, beginning on 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 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 in the wilderness 
        designated by section 2(b).
    (c) Access and Operation.--
            (1) Definition.--As used in this subsection, the term 
        ``water resource facility'' means irrigation and pumping 
        facilities, reservoirs, water conservation works, aqueducts, 
        canals, ditches, pipelines, wells, hydropower projects, and 
        transmission and other ancillary facilities, and other water 
        diversion, storage, and carriage structures.
            (2) Access to water resource facilities.--Subject to the 
        provisions of this subsection, the Secretary shall allow 
        reasonable access to water resource facilities in existence on 
        the date of enactment of this Act within the areas described in 
        sections 2(b) and 2(c), including motorized access where 
        necessary and customarily employed on routes existing as of the 
        date of enactment of this Act.
            (3) Access routes.--Existing access routes within such 
        areas customarily employed as of the date of enactment of this 
        Act may be used, maintained, repaired, and replaced to the 
        extent necessary to maintain their present function, design, 
        and serviceable operation, so long as such activities have no 
        increased adverse impacts on the resources and values of the 
        areas described in sections 2(b) and 2(c) than existed as of 
        the date of enactment of this Act.
            (4) Use of water resource facilities.--Subject to the 
        provisions of this subsection and subsection (a)(4), the 
        Secretary shall allow water resource facilities existing on the 
        date of enactment of this Act within areas described in 
        sections 2(b) and 2(c) to be used, operated, maintained, 
        repaired, and replaced to the extent necessary for the 
        continued exercise, in accordance with Colorado State law, of 
        vested water rights adjudicated for use in connection with such 
        facilities by a court of competent jurisdiction prior to the 
        date of enactment of this Act. The impact of an existing 
        facility on the water resources and values of the area shall 
        not be increased as a result of changes in the adjudicated type 
        of use of such facility as of the date of enactment of this 
        Act.
            (5) Repair and maintenance.--Water resource facilities, and 
        access routes serving such facilities, existing within the 
        areas described in sections 2(b) and 2(c) on the date of 
        enactment of this Act shall be maintained and repaired when and 
        to the extent necessary to prevent increased adverse impacts on 
        the resources and values of the areas described in sections 
        2(b) and 2(c).
                                 <all>