[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5311 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5311

 To designate certain lands in the State of Colorado as components of 
 the National Wilderness Preservation System, to designate the Tenmile 
Recreation Management Area and Porcupine Gulch Protection Area, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2014

  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 Tenmile 
Recreation Management Area and Porcupine Gulch Protection Area, 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 ``Rocky Mountain 
Recreation and 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. Colorado wilderness additions.
Sec. 3. Tenmile Recreation Management Area, White River National 
                            Forest, Colorado.
Sec. 4. Porcupine Gulch Protection Area, White River National Forest, 
                            Colorado.

SEC. 2. COLORADO WILDERNESS ADDITIONS.

    (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 Federal lands in the White River National 
        Forest which comprise approximately 6,349 acres, as generally 
        depicted as `Proposed Ute Pass Wilderness', `Proposed Acorn 
        Creek Wilderness', and `Proposed Ptarmigan Additions 
        Wilderness' on a map entitled `Ptarmigan Peak Wilderness 
        Additions Proposal', dated July, 2014,'' and
            (2) by adding at the end the following new paragraphs:
            ``(22) Holy cross wilderness addition.--Certain Federal 
        lands in the White River National Forest which comprise 
        approximately 3,942 acres, as generally depicted as `Proposed 
        No Name Wilderness' on a map entitled `Holy Cross Wilderness 
        Addition Proposal', dated July, 2014, and which are 
        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).
            ``(23) Hoosier ridge wilderness.--Certain Federal lands in 
        the White River National Forest which comprise approximately 
        5,172 acres, as generally depicted on a map entitled `Hoosier 
        Ridge Wilderness Proposal', dated July, 2014, and which shall 
        be known as the `Hoosier Ridge Wilderness'.
            ``(24) Tenmile wilderness.--Certain Federal lands in the 
        White River National Forest which comprise approximately 7,577 
        acres, as generally depicted as `Proposed Tenmile Wilderness' 
        on a map entitled `Tenmile Proposal', dated July, 2014, and 
        which shall be known as the `Tenmile Wilderness'.
            ``(25) Williams fork wilderness.--Certain Federal lands in 
        the White River National Forest which comprise approximately 
        9,338 acres, as generally depicted on a map entitled `Proposed 
        Williams Fork Wilderness', dated July, 2014, and which shall be 
        known as the `Williams Fork Wilderness'.
            ``(26) Eagles nest wilderness additions.--
                    ``(A) Designation of wilderness.--Certain Federal 
                lands in the White River National Forest which comprise 
                approximately 7,082 acres, as generally depicted as 
                `Proposed Freeman Creek Wilderness' and `Proposed 
                Spraddle Creek Wilderness' on a map entitled `Eagles 
                Nest Wilderness Additions Proposal', dated July, 2014, 
                and which are incorporated in and shall be deemed to be 
                a part of the Eagles Nest Wilderness designated by 
                Public Law 94-352 (90 Stat. 870).
                    ``(B) Potential wilderness.--
                            ``(i) Designation.--In furtherance of the 
                        purposes of the Wilderness Act, certain Federal 
                        lands in the White River National Forest which 
                        comprise approximately 2,338 acres, as 
                        generally depicted as `Proposed Spraddle Creek 
                        Potential Wilderness' on a map entitled `Eagles 
                        Nest Wilderness Additions Proposal', dated July 
                        2014, is designated as a potential wilderness 
                        area.
                            ``(ii) Management.--Except as provided in 
                        clause (iii) and subject to valid existing 
                        rights, the potential wilderness area 
                        designated by this subparagraph shall be 
                        managed in accordance with the Wilderness Act 
                        and this Act.
                            ``(iii) Ecological restoration.--For 
                        purposes of ecological restoration (including 
                        any activity necessary to restore the natural 
                        ecosystems and water quality and protect 
                        watershed values in the potential wilderness 
                        area designated by this subparagraph), the 
                        Secretary or an authorized third party may use 
                        motorized and mechanized transport and 
                        equipment in the potential wilderness area 
                        until the date on which the potential 
                        wilderness area is incorporated into the Eagles 
                        Nest Wilderness.
                            ``(iv) Designation as wilderness.--The 
                        potential wilderness area designated by this 
                        subparagraph shall be designated as wilderness 
                        and incorporated in and deemed to be a part of 
                        the Eagles Nest Wilderness on the earlier of--
                                    ``(I) the date on which the 
                                Secretary publishes in the Federal 
                                Register notice that the ecological 
                                restoration activities identified in 
                                clause (iii) have been completed by the 
                                Secretary or an authorized third party; 
                                or
                                    ``(II) the date that is 10 years 
                                after the date of enactment of the 
                                Rocky Mountain Recreation and 
                                Wilderness Preservation Act.''.
    (b) Effective Date.--Any reference in the Wilderness Act (16 U.S.C. 
1131 et seq.) to the effective date of that Act shall be considered to 
be a reference to the date of enactment of this Act for purposes of 
administering the Federal lands designated as wilderness by paragraphs 
(18) and (22) through (26)(A) of section 2(a) of the Colorado 
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77), as 
amended or added by subsection (a).
    (c) Fire, Insects, and Diseases.--As provided in section 4(d)(1) of 
the Wilderness Act (16 U.S.C. 1133(d)(1)), in the case of the Federal 
lands designated as wilderness by paragraphs (18) and (22) through 
(26)(A) of section 2(a) of the Colorado Wilderness Act of 1993 (16 
U.S.C. 1132 note; Public Law 103-77), as amended or added by subsection 
(a), the Secretary may take any measure that the Secretary determines 
to be necessary to control fire, insects, and diseases, subject to such 
terms and conditions as the Secretary determines to be appropriate.
    (d) Incorporation of Acquired Land and Interests.--Any land or 
interest in land that is acquired by the United States within the 
boundaries of the Federal lands designated as wilderness by paragraphs 
(18) and (22) through (26)(A) of section 2(a) of the Colorado 
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77), as 
amended or added by subsection (a), shall--
            (1) become part of the wilderness area of which the Federal 
        lands are a part; and
            (2) be managed in accordance with the applicable provisions 
        of this Act and any other applicable laws.
    (e) Grazing.--The grazing of livestock on the Federal lands 
designated as wilderness by paragraphs (18) and (22) through (26)(A) of 
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 
note; Public Law 103-77), as amended or added by subsection (a), if 
established before the date of enactment of this Act, shall be 
permitted to continue subject to such reasonable regulations as are 
considered necessary by the Secretary, in accordance with section 
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)).
    (f) No Buffer Zones.--Congress does not intend that the designation 
by this Act of Federal lands as wilderness in the State of Colorado 
creates or implies the creation of protective perimeters or buffer 
zones around any wilderness area. The fact that nonwilderness 
activities or uses can be seen or heard from within a wilderness area 
shall not, of itself, preclude such activities or uses up to the 
boundary of the wilderness area.

SEC. 3. TENMILE RECREATION MANAGEMENT AREA, WHITE RIVER NATIONAL 
              FOREST, COLORADO.

    (a) Designation.--Certain Federal land in the White River National 
Forest in the State of Colorado which comprise approximately 11,417 
acres, as generally depicted as ``Proposed Tenmile Recreation 
Management Area'' on a map entitled ``Tenmile Proposal'', dated July 
2014, is designated the ``Tenmile Recreation Management Area'' (in this 
section referred to as the ``Recreation Management Area'').
    (b) Purposes.--The purposes of the Recreation Management Area are 
to conserve, protect, and enhance for the benefit and enjoyment of 
present and future generations the recreational, scenic, watershed, 
habitat, and ecological resources of the area.
    (c) Management.--
            (1) In general.--The Secretary of Agriculture shall manage 
        the Recreation Management Area--
                    (A) in a manner that conserves, protects, and 
                enhances--
                            (i) the purposes of the Recreation 
                        Management Area described in subsection (b); 
                        and
                            (ii) recreation opportunities, including 
                        mountain biking, hiking, fishing, horseback 
                        riding, snowshoeing, climbing, skiing, camping, 
                        and hunting; and
                    (B) in accordance with--
                            (i) the Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 U.S.C. 1600 
                        et seq.);
                            (ii) any other applicable laws (including 
                        regulations); and
                            (iii) this section.
            (2) Uses.--
                    (A) In general.--The Secretary shall only allow 
                such uses of the Recreation Management Area that the 
                Secretary determines would further the purposes 
                described in subsection (b).
                    (B) Vehicles.--
                            (i) In general.--Except as provided in 
                        clause (iii), the use of motorized vehicles in 
                        the Recreation Management Area shall be limited 
                        to those roads, vehicle classes, and periods of 
                        use authorized for such use on the date of 
                        enactment of this Act.
                            (ii) New or temporary roads.--Except as 
                        provided in clause (iii), no new or temporary 
                        roads shall be constructed within the 
                        Recreation Management Area.
                            (iii) Exceptions.--Nothing in clause (i) or 
                        (ii) prevents the Secretary from--
                                    (I) rerouting or closing an 
                                existing road or trail to protect 
                                natural resources from degradation, as 
                                determined to be appropriate by the 
                                Secretary;
                                    (II) authorizing the use of 
                                motorized vehicles for administrative 
                                purposes;
                                    (III) constructing temporary roads 
                                or permitting the use of motorized 
                                vehicles to carry out pre- or post-fire 
                                watershed protection projects;
                                    (IV) authorizing the use of 
                                motorized vehicles to carry out 
                                activities associated subsection (g), 
                                (h), or (i); and
                                    (V) responding to an emergency.
                    (C) Commercial timber.--
                            (i) In general.--No projects shall be 
                        undertaken for the purpose of harvesting 
                        commercial timber within the Recreation 
                        Management Area.
                            (ii) Limitation.--Nothing in clause (i) 
                        prevents the Secretary from harvesting or 
                        selling merchantable products that are 
                        byproducts of activities authorized by this 
                        section.
    (d) Maps and Legal Descriptions.--
            (1) Filing.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal descriptions for the Recreation Management Area.
            (2) Force of law.--The map and legal description prepared 
        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.--The map and legal description 
        prepared under paragraph (1) shall be on file and available for 
        public inspection in the appropriate office of the Secretary.
    (e) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this Act, the Federal land within the Recreation 
Management Area is withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (f) Incorporation of Acquired Land and Interests.--Any land or 
interest in land that is acquired by the United States within the 
boundaries of the Recreation Management Area shall--
            (1) become part of the Recreation Management Area; and
            (2) be managed in accordance with the applicable provisions 
        of this Act and any other applicable laws.
    (g) Fire, Insects, and Diseases.--The Secretary may take any 
measure that the Secretary determines to be necessary to prevent, 
control, and mitigate fire, insects, and diseases, and hazardous fuels, 
subject to such terms and conditions as the Secretary determines to be 
appropriate.
    (h) Water Management Infrastructure.--Nothing in this section 
affects the construction, repair, reconstruction, replacement, 
operation, maintenance, or renovation of water management 
infrastructure existing on the date of enactment of this Act or such 
future infrastructure necessary for the development or exercise of 
water rights decreed prior to the date of enactment of this Act within 
the Tenmile Recreation Management Area.
    (i) 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 Recreation 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.
    (j) Application of Law.--Nothing in this section shall affect the 
designation of the Federal land within the Recreation Management Area 
for purposes of section 303 of title 49, United States Code, and 
section 138 of title 23 United States Code.
    (k) Permits.--Nothing in this section alters or limits--
            (1) a permit held by a ski area or other entity; or
            (2) the acceptance, review, or implementation of associated 
        activities or facilities proposed or authorized by law or 
        permit outside of the Recreation Management Area.
    (l) Water.--The provisions of section 3(e) of the James Peak 
Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1055) 
shall apply to the Recreation Management Area established by this 
section.
    (m) Military Activities.--
            (1) Colorado national guard use.--Nothing in this section 
        shall restrict, preclude or otherwise affect the use by the 
        Colorado Army National Guard, a reserve component of the Armed 
        Forces, of the Recreation Management Area for aircraft 
        training, testing, evaluation, emergency response, or other 
        related air operations--
                    (A) in the manner and degree such uses were 
                authorized to occur on the date of the enactment of 
                this Act; or
                    (B) as authorized under future agreements between 
                the Secretary and the Secretary of Defense.
            (2) Military aircraft use.--Nothing in this section 
        restricts or precludes, or should cause any other Federal 
        regulation to restrict or preclude--
                    (A) low-level overflights of military aircraft; or
                    (B) the designation, modification, or creation of 
                new units of special use airspace, or the establishment 
                of military flight training routes.
    (n) Fish and Wildlife.--Nothing in this section affects the 
jurisdiction or responsibilities of the State of Colorado with respect 
to fish and wildlife in the State.
    (o) No Buffer Zones.--The Recreation Management Area shall not 
create a protective perimeter or buffer zone around the Recreation 
Management Area.

SEC. 4. PORCUPINE GULCH PROTECTION AREA, WHITE RIVER NATIONAL FOREST, 
              COLORADO.

    (a) Designation.--Certain Federal land located in the White River 
National Forest in the State of Colorado which comprise approximately 
5,204 acres, as generally depicted on a map entitled ``Porcupine Gulch 
Protection Area Proposal'', dated July 2014, is designated the 
``Porcupine Gulch Protection Area'' (in this section referred to as the 
``Protection Area'').
    (b) Purposes.--The purposes of the Protection Area are to conserve, 
protect, and enhance for the benefit and enjoyment of present and 
future generations the scenic, roadless, watershed, and ecological 
resources of the Protection Area.
    (c) Management.--
            (1) In general.--The Secretary of Agriculture shall manage 
        the Protection Area--
                    (A) in a manner that conserves, protects, and 
                enhances the purposes described in subsection (b); and
                    (B) in accordance with--
                            (i) the Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 U.S.C. 1600 
                        et seq.);
                            (ii) any other applicable laws (including 
                        regulations); and
                            (iii) this section.
            (2) Uses.--
                    (A) In general.--The Secretary shall only allow 
                such uses of the Protection Area that the Secretary 
                determines would further the purposes described in 
                subsection (b).
                    (B) Motorized vehicles.--
                            (i) In general.--Except as provided in 
                        clause (iii), the use of motorized vehicles and 
                        mechanized transport in the Protection Area 
                        shall be prohibited.
                            (ii) New or temporary roads.--Except as 
                        provided in clause (iii), no new or temporary 
                        roads shall be constructed within the 
                        Protection Area.
                            (iii) Exceptions.--Nothing in clause (i) or 
                        (ii) prevents the Secretary from--
                                    (I) authorizing the use of 
                                motorized vehicles for administrative 
                                purposes;
                                    (II) constructing temporary roads 
                                or permitting the use of motorized 
                                vehicles to carry out pre- or post-fire 
                                watershed protection projects;
                                    (III) authorizing the use of 
                                motorized vehicles to carry out 
                                activities associated subsection (g) or 
                                (h); or
                                    (IV) responding to an emergency.
                    (C) Commercial timber.--
                            (i) In general.--No projects shall be 
                        undertaken for the purpose of harvesting 
                        commercial timber within the Protection Area.
                            (ii) Limitation.--Nothing in clause (i) 
                        prevents the Secretary from harvesting or 
                        selling merchantable products that are 
                        byproducts of activities authorized by this 
                        section.
    (d) Map and Legal Description.--
            (1) Filing.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal description for the Protection Area.
            (2) Force of law.--The map and legal description prepared 
        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 
        prepared under paragraph (1) shall be on file and available for 
        public inspection in the appropriate office of the Secretary.
    (e) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this Act, the Federal land within the Protection Area 
is withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (f) Incorporation of Acquired Land and Interests.--Any land or 
interest in land that is acquired by the United States within the 
boundaries of the Protection Area shall--
            (1) become part of the Protection Area; and
            (2) be managed in accordance with the applicable provisions 
        of this Act and any other applicable laws.
    (g) Fire, Insects, and Diseases.--The Secretary may take any 
measure that the Secretary determines to be necessary to prevent, 
control, and mitigate fire, insects, and diseases and hazardous fuels, 
subject to such terms and conditions as the Secretary determines to be 
appropriate.
    (h) 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 Protection 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.
    (i) Application of Law.--Nothing in this section shall affect the 
designation of the Federal land within the Protection Area for purposes 
of section 303 of title 49, United States Code, and section 138 of 
title 23 United States Code.
    (j) Water.--The provisions of section 3(e) of the James Peak 
Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1055) 
shall apply to the Protection Area.
    (k) Military Activities.--
            (1) Colorado army national guard use.--Nothing in this 
        section shall restrict, preclude or otherwise affect the use by 
        the Colorado Army National Guard, a reserve component of the 
        Armed Forces, of the Protection Area for aircraft training, 
        testing, evaluation, emergency response, or other related air 
        operations--
                    (A) in the manner and degree such uses were 
                authorized to occur on the date of the enactment of 
                this Act; or
                    (B) as authorized under future agreements between 
                the Secretary and the Secretary of Defense.
            (2) Military aircraft use.--Nothing in this section 
        restricts or precludes, or should cause any other Federal 
        regulation to restrict or preclude--
                    (A) low-level overflights of military aircraft; or
                    (B) the designation, modification, or creation of 
                new units of special use airspace, or the establishment 
                of military flight training routes.
    (l) Fish and Wildlife.--Nothing in this section affects the 
jurisdiction or responsibilities of the State of Colorado with respect 
to fish and wildlife in the State.
    (m) No Buffer Zones.--The Protection Area shall not create a 
protective perimeter or buffer zone around the Protection Area.
                                 <all>