[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1794 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1794

  To designate certain Federal land in Chaffee County, Colorado, as a 
                  national monument and as wilderness.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2013

  Mr. Udall of Colorado introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To designate certain Federal land in Chaffee County, Colorado, as a 
                  national monument and as wilderness.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Browns Canyon National Monument and 
Wilderness Act of 2013''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) certain Federal land in the Pike and San Isabel 
        National Forests and certain Federal land managed by the Bureau 
        of Land Management in Chaffee County, Colorado, known as 
        ``Browns Canyon'' contain nationally significant biological, 
        cultural, recreational, natural, wilderness, historic, scenic, 
        riparian, geological, educational, and scientific values;
            (2) Browns Canyon provides world class opportunities for 
        fishing, hunting, boating, hiking, horseback riding, 
        recreational gold-panning, picnicking, wildlife watching, and 
        camping;
            (3) permanently protecting the values described in 
        paragraph (1) while sustaining the local ranching economy would 
        enhance the economic prosperity of local communities that 
        depend on the area; and
            (4) designating the Browns Canyon National Monument and the 
        Browns Canyon Wilderness would maintain and protect the world 
        class recreational opportunities within the Arkansas Headwaters 
        Recreation Area.
    (b) Purposes.--The purposes of this Act are--
            (1) to preserve the nationally significant biological, 
        cultural, recreational, natural, wilderness, historic, scenic, 
        riparian, geological, educational, and scientific values found 
        within the National Monument;
            (2) to sustain traditional uses in the Browns Canyon area, 
        including hunting, angling, livestock grazing, commercial 
        outfitting, and boating;
            (3) to provide visitors the opportunity to enjoy and learn 
        about the biological, cultural, recreational, natural, 
        wilderness, historic, scenic, riparian, geological, 
        educational, and scientific values and traditional uses of the 
        National Monument;
            (4) to designate certain land within the National Monument 
        as wilderness;
            (5) to protect important big game wildlife habitat and the 
        backcountry character of certain National Forest System land 
        within the National Monument that is not designated as 
        wilderness;
            (6) to provide for cooperative management of the National 
        Monument by the Bureau of Land Management and the Forest 
        Service; and
            (7) to preserve the existing cooperative management of the 
        Arkansas Headwaters Recreation Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Management plan.--The term ``management plan'' means 
        the management plan developed under section 8.
            (2) Map.--The term ``Map'' means the map entitled ``Browns 
        Canyon National Monument'' and dated November 7, 2013.
            (3) National monument.--The term ``National Monument'' 
        means the Browns Canyon National Monument established by 
        section 4(a).
            (4) 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 
                Bureau of Land Management land.
            (5) State.--The term ``State'' means the State of Colorado.
            (6) Wilderness.--The term ``Wilderness'' means the Browns 
        Canyon Wilderness designated by section 2(a)(22) of the 
        Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public 
        Law 103-77; 107 Stat. 756) (as added by section 5(a)).

SEC. 4. ESTABLISHMENT OF BROWNS CANYON NATIONAL MONUMENT.

    (a) In General.--Subject to valid existing rights, there is 
established in the State the Browns Canyon National Monument to 
preserve the nationally significant biological, cultural, recreational, 
natural, wilderness, historic, scenic, riparian, geological, 
educational, and scientific values found within the National Monument.
    (b) Boundaries.--
            (1) In general.--The National Monument shall consist of 
        approximately 22,000 acres of public land, as generally 
        depicted on the Map.
            (2) Arkansas river.--
                    (A) In general.--In areas in which the Arkansas 
                River is used as a reference for defining the boundary 
                of the National Monument, the boundary shall--
                            (i) be located at the edge of the Arkansas 
                        River; and
                            (ii) change according to the level of the 
                        Arkansas River.
                    (B) Exclusion from national monument.--Regardless 
                of the level of the Arkansas River, no portion of the 
                Arkansas River shall be included in the National 
                Monument.
            (3) Road offset.--The boundary of any portion of the 
        National Monument that is bordered by a road shall be set back 
        100 feet from the centerline of the road.

SEC. 5. DESIGNATION OF BROWNS CANYON WILDERNESS.

    (a) Designation.--Section 2(a) of the Colorado Wilderness Act of 
1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756; 116 Stat. 
1055) is amended by adding at the end the following:
            ``(22) Browns canyon wilderness.--Certain Federal land in 
        Chaffee County, Colorado, comprising approximately 7,900 acres 
        of land managed by the Bureau of Land Management and 2,500 
        acres in the Pike and San Isabel National Forests, to be known 
        as the `Browns Canyon Wilderness'.''.
    (b) Boundary.--Section 3 of the Colorado Wilderness Act of 1993 (16 
U.S.C. 1132 note; Public Law 103-77; 107 Stat. 759) is amended by 
adding at the end the following:
    ``(h) Boundary of Browns Canyon Wilderness.--
            ``(1) Western boundary offset.--The western boundary of any 
        portion of the wilderness designated by section 2(a)(22) that 
        is formed by the Arkansas River or the railroad right-of-way 
        shall be set back 150 feet inland on the East side and measured 
        perpendicular to the Arkansas River or the eastern edge of the 
        legal right-of-way of the railroad line, whichever is farthest 
        East, but in no case shall the Browns Canyon Wilderness extend 
        within 150 feet of either the railroad or the Arkansas River.
            ``(2) Road offset.--The boundary of any portion of the 
        wilderness designated by section 2(a)(22) that is bordered by a 
        road shall be set back 100 feet from the centerline of the 
        road.''.
    (c) 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 wilderness area designated by section 2(a)(22) of the 
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by 
subsection (a)).

SEC. 6. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretaries concerned shall file a map and a legal 
description of the National Monument and the Wilderness with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal descriptions filed under 
subsection (a) shall have the same force and effect as if included in 
this Act, except that the Secretary concerned may correct clerical and 
typographical errors in the map and legal descriptions.
    (c) Public Availability.--The map and legal descriptions filed 
under subsection (a) shall be available for public inspection in the 
appropriate offices of the Bureau of Land Management and the Forest 
Service.

SEC. 7. MANAGEMENT OF THE NATIONAL MONUMENT AND WILDERNESS.

    (a) Management of National Monument.--
            (1) In general.--The Secretaries concerned shall 
        cooperatively manage the National Monument--
                    (A) in a manner that conserves, protects, and 
                enhances the purposes for which the National Monument 
                was established; and
                    (B) in accordance with--
                            (i) this Act; and
                            (ii) any other applicable laws (including 
                        regulations).
            (2) Uses.--
                    (A) In general.--The Secretary concerned shall 
                allow only such uses of the National Monument as the 
                Secretary concerned determines would further the 
                purposes for which the National Monument is 
                established.
                    (B) Arkansas headwaters recreation area.--Nothing 
                in this Act affects the arrangements for cooperative 
                administration of the Arkansas Headwaters Recreation 
                Area within the National Monument by the Director of 
                the Bureau of Land Management and the State.
                    (C) Motorized vehicles and mechanical transport.--
                The establishment of permanent or temporary roads, and 
                the use of motorized vehicles or mechanical transport, 
                shall be prohibited in the portion of the National 
                Monument east of the Arkansas River, except--
                            (i) as provided in subparagraphs (D) and 
                        (E);
                            (ii) on roads and trails open to such uses 
                        on the date of enactment of this Act;
                            (iii) as necessary to meet the minimum 
                        requirements for the administration of the 
                        Federal land; and
                            (iv) as necessary to protect public health 
                        and safety.
                    (D) Forest road 184.--
                            (i) In general.--The Secretary of 
                        Agriculture shall maintain Forest Road 184 
                        within the National Monument as a Forest 
                        Service Level II Road, as depicted on the map.
                            (ii) Management.--The Secretary of 
                        Agriculture shall manage the road described in 
                        clause (i) in accordance with applicable laws--
                                    (I) to provide motorized and 
                                mechanized access into the National 
                                Monument;
                                    (II) to minimize any adverse 
                                impacts to the values described in 
                                section 4(a); and
                                    (III) subject to such terms and 
                                conditions as the Secretary may 
                                require.
                            (iii) Closure.--The Secretary of 
                        Agriculture may temporarily close the road to 
                        any or all uses--
                                    (I) to protect public safety;
                                    (II) for maintenance or other 
                                administrative uses.
                    (E) Grazing.--
                            (i) In general.--Except as provided in 
                        subparagraph (iv), the laws (including 
                        regulations) and policies followed by the 
                        Secretary concerned in issuing and 
                        administering grazing permits or leases for the 
                        National Monument shall continue to apply in 
                        the same manner as on the day before the date 
                        of enactment of this Act.
                            (ii) Effect of designation.--There shall be 
                        no curtailment of grazing in the National 
                        Monument or Wilderness simply because of a 
                        designation under this Act.
                            (iii) Adjustments.--Any adjustments in the 
                        numbers of livestock permitted to graze in the 
                        National Monument or Wilderness shall be based 
                        on revisions in the normal grazing and land 
                        management planning and policy setting process, 
                        giving consideration to legal mandates, range 
                        condition, and the protection of range 
                        resources from deterioration.
                            (iv) Continuation of grazing.--The grazing 
                        of livestock in the Wilderness, if established 
                        before the date of enactment of this Act, shall 
                        be permitted to continue in accordance with--
                                    (I) section 4(d)(4) of the 
                                Wilderness Act (16 U.S.C. 1133(d)(4)); 
                                and
                                    (II) the guidelines set forth in 
                                appendix A of the report of the 
                                Committee on Interior and Insular 
                                Affairs of the House of Representatives 
                                accompanying H.R. 2570 of the 101st 
                                Congress (H. Rept. 101-405) and H.R. 
                                5487 of the 96th Congress (H. Rept. 96-
                                617).
    (b) Withdrawals.--
            (1) In general.--Subject to valid existing rights, all 
        Federal land described in paragraph (2) within the National 
        Monument and all land and interests in land acquired by the 
        United States within the National Monument is withdrawn from--
                    (A) all forms of entry, appropriation, or disposal 
                under the public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
            (2) Description of withdrawal areas.--The Federal land 
        referred to in paragraph (1) is--
                    (A) all Federal land within the National Monument 
                and all land and interests in land acquired by the 
                United States within the National Monument; and
                    (B) all Federal land that is--
                            (i) between the eastern and western 
                        boundaries of the National Monument along the 
                        Arkansas River corridor, as described in 
                        section 4(b)(2); and
                            (ii) between lines paralleling the northern 
                        and southern boundaries of the National 
                        Monument.
    (c) Acquisition of Land.--
            (1) In general.--The Secretary concerned may acquire non-
        Federal land within and adjacent to the boundaries of the 
        National Monument or Wilderness through exchange, donation, 
        bequest, or purchase from a willing seller.
            (2) Management.--Land acquired under paragraph (1) shall--
                    (A) become part of the National Monument and, if 
                applicable, the Wilderness; and
                    (B) be managed in accordance with--
                            (i) this Act; and
                            (ii) any other applicable laws.
            (3) Administration of subsequently acquired land.--
                    (A) Secretary of the interior.--The Secretary of 
                the Interior shall manage any land or interest in land 
                within the boundaries of the National Monument that is 
                acquired by the Bureau of Land Management after the 
                date of enactment of this Act.
                    (B) Secretary of agriculture.--The Secretary of 
                Agriculture shall manage any land or interest in land 
                within the boundaries of the National Monument that is 
                acquired by the Forest Service after the date of 
                enactment of this Act.
    (d) Fire, Insects, and Disease.--Subject to such terms and 
conditions as the Secretary concerned determines to be appropriate, the 
Secretary concerned may undertake such measures as are necessary to 
control fire, insects, and disease--
            (1) in the Wilderness, in accordance with section 4(d)(1) 
        of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
            (2) in the National Monument, in accordance with--
                    (A) this Act; and
                    (B) any other applicable laws.
    (e) Invasive Species and Noxious Weeds.--In accordance with any 
applicable laws and subject to such terms and conditions as the 
Secretary concerned determines to be appropriate, the Secretary 
concerned may prescribe measures to control nonnative invasive plants 
and noxious weeds within the National Monument and Wilderness.
    (f) Water Rights.--
            (1) Effect.--Nothing in this Act--
                    (A) affects the use or allocation, in existence on 
                the date of enactment of this Act, of any water, water 
                right, or interest in water;
                    (B) 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;
                    (C) affects any interstate water compact in 
                existence on the date of enactment of this Act;
                    (D) authorizes or imposes any new reserved Federal 
                water rights; or
                    (E) 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 enactment of this Act.
            (2) National monument water rights.--With respect to water 
        within the National Monument, nothing in this Act--
                    (A) authorizes any Federal agency to appropriate or 
                otherwise acquire any water right on the mainstem of 
                the Arkansas River; or
                    (B) prevents the State from appropriating or 
                acquiring, or requires the State to appropriate or 
                acquire, an instream flow water right on the mainstem 
                of the Arkansas River.
    (g) Fish and Wildlife.--Nothing in this Act diminishes the 
jurisdiction of the State with respect to fish and wildlife in the 
State.
    (h) Commercial Activities.--
            (1) In general.--The Secretary concerned may permit 
        commercial activities (including outfitting and guide 
        activities) within the National Monument and Wilderness, in 
        accordance with--
                    (A) this Act;
                    (B) the Wilderness Act (16 U.S.C. 1131 et seq.); 
                and
                    (C) any other applicable laws (including 
                regulations).
            (2) Outfitting and guide activities.--In accordance with 
        section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), 
        commercial services (including authorized outfitting and guide 
        activities) are authorized in the Wilderness to the extent 
        necessary for activities that fulfill the recreational or other 
        wilderness purposes of the Wilderness.

SEC. 8. DEVELOPMENT OF MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary of the Interior, in cooperation with the 
Secretary of Agriculture and in consultation with the State, shall 
complete a comprehensive management plan for the conservation and 
protection of the National Monument and Wilderness.
    (b) Contents.--The management plan shall--
            (1) describe the appropriate uses and management of the 
        National Monument and Wilderness in accordance with--
                    (A) this Act; and
                    (B) the purposes for which the National Monument 
                and Wilderness are established;
            (2) be developed with opportunities for public input;
            (3) be prepared in close consultation with appropriate 
        Federal, State, county, and local agencies; and
            (4) concentrate visitorship within the Arkansas Headwaters 
        Recreation Area and the public land west of the Arkansas River.
    (c) Incorporation of Existing Plans.--In developing the management 
plan under subsection (a), to the extent consistent with this Act, the 
Secretary concerned may incorporate any provision of any other 
applicable land management plan, including the Arkansas River 
Recreation Management Plan or a successor plan.

SEC. 9. RELEASE OF WILDERNESS STUDY AREA.

    (a) In General.--Congress finds that, for 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 Browns Canyon Wilderness Study Area not 
designated as wilderness by section 2(a)(22) of the Colorado Wilderness 
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756) (as 
added by section 5(a)) have been adequately studied for wilderness 
designation.
    (b) Release.--Any public land described in subsection (a) that is 
not designated as wilderness by section 2(a)(22) of the Colorado 
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 
Stat. 756) (as added by section 5(a))--
            (1) is no longer subject to section 603(c) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
            (2) shall be managed in accordance with--
                    (A) this Act; and
                    (B) the management plan developed under section 8.
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