[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Pages S3247-S3255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1741. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE XXX--COLORADO OUTDOOR RECREATION AND ECONOMY
SEC. 30001. SHORT TITLE.
This title may be cited as the ``Colorado Outdoor
Recreation and Economy Act''.
SEC. 30002. DEFINITION OF STATE.
In this title, the term ``State'' means the State of
Colorado.
SEC. 30003. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this title, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this title,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Subtitle A--Continental Divide
SEC. 30101. DEFINITIONS.
In this subtitle:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 30102(a).
(2) Historic landscape.--The term ``Historic Landscape''
means the Camp Hale National Historic Landscape designated by
section 30107(a).
(3) Recreation management area.--The term ``Recreation
Management Area'' means the Tenmile Recreation Management
Area designated by section 30104(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 30105(a); and
(B) the Williams Fork Mountains Wildlife Conservation Area
designated by section 30106(a).
SEC. 30102. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is
amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated June 24, 2019,
which shall be incorporated into, and managed as part of, the
Holy Cross Wilderness designated by section 102(a)(5) of
Public Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 5,235 acres, as generally depicted as `Proposed
Hoosier Ridge Wilderness' on the map entitled `Tenmile
Proposal' and dated June 24, 2019, which shall be known as
the `Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately
7,624 acres, as generally depicted as `Proposed Tenmile
Wilderness' on the map entitled `Tenmile Proposal' and dated
June 24, 2019, which shall be known as the `Tenmile
Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 9,670 acres, as generally depicted as `Proposed
Freeman Creek Wilderness Addition' and `Proposed Spraddle
Creek Wilderness Addition' on the map entitled `Eagles Nest
Wilderness Additions Proposal' and dated June 24, 2019, which
shall be incorporated into, and managed as part of, the
Eagles Nest Wilderness designated by Public Law 94-352 (90
Stat. 870).''.
(b) Applicable Law.--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 a covered
area.
(c) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary may carry out any activity in a covered area
that the Secretary determines to be necessary for the control
of fire, insects, and diseases, subject to such terms and
conditions as the Secretary determines to be appropriate.
(d) Grazing.--The grazing of livestock on a covered area,
if established before the date of enactment of this Act,
shall be permitted to continue subject to such reasonable
regulations as are considered to be necessary by the
Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) 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).
(e) Coordination.--For purposes of administering the
Federal land designated as wilderness by paragraph (26) of
section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by subsection
(a)(2)), the Secretary shall, as determined to be appropriate
for the protection of watersheds, coordinate the activities
of the Secretary in response to fires and flooding events
with interested State and local agencies, including
operations using aircraft or mechanized equipment.
SEC. 30103. WILLIAMS FORK MOUNTAINS WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
in the White River National Forest in the State, comprising
approximately 8,036 acres, as generally depicted as
``Proposed Williams Fork Mountains Wilderness'' on the map
entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and
except as provided in subsection (d), the potential
wilderness area designated by subsection (a) shall be managed
in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with applicable laws
(including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock
grazing or other use by livestock on the vacant allotments
known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that
livestock grazing or other use in accordance with applicable
laws (including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use any motorized or
mechanized transport or equipment for purposes of
constructing or rehabilitating such range improvements as are
necessary to obtain appropriate livestock management
objectives (including habitat and watershed restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180 days
after the date of enactment this Act; and
[[Page S3248]]
(B) on the earliest of--
(i) the date on which the Secretary publishes in the
Federal Register a notice that the construction or
rehabilitation of range improvements under subsection (d) is
complete;
(ii) the date described in subsection (d)(2); and
(iii) the effective date of a determination of the
Secretary not to authorize livestock grazing or other use by
livestock under subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Mountains Wilderness
in accordance with--
(A) the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77); and
(B) this subtitle.
SEC. 30104. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 17,122 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Tenmile Recreation Management Area'' on the map
entitled ``Tenmile Proposal'' and dated June 24, 2019, are
designated as the ``Tenmile 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 Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary 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 as 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 the roads, vehicle classes, and periods
authorized for motorized vehicle use on the date of enactment
of this Act.
(ii) New or temporary roads.--Except as provided in clause
(iii), no new or temporary road shall be constructed in 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 the Secretary
determines to be appropriate;
(II) authorizing the use of motorized vehicles for
administrative purposes or roadside camping;
(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
any activity described in subsection (d), (e)(1), or (f); or
(V) responding to an emergency.
(C) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Recreation Management Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to prevent, control, or mitigate fire, insects, or
disease in the Recreation Management Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--Nothing in
this section affects the construction, repair,
reconstruction, replacement, operation, maintenance, or
renovation within the Recreation Management Area of--
(A) water management infrastructure in existence on the
date of enactment of this Act; or
(B) any future infrastructure necessary for the development
or exercise of water rights decreed before the date of
enactment of this Act.
(2) Applicable law.--Section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058) shall apply to the Recreation Management Area.
(f) Regional Transportation Projects.--Nothing in this
section precludes the Secretary from authorizing, in
accordance with applicable laws (including regulations), the
use or leasing of Federal land within the Recreation
Management Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(g) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Recreation
Management Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(h) Permits.--Nothing in this section alters or limits--
(1) any 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 the boundaries of the Recreation Management
Area.
SEC. 30105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the
White River National Forest, as generally depicted as
``Proposed Porcupine Gulch Wildlife Conservation Area'' on
the map entitled ``Porcupine Gulch Wildlife Conservation Area
Proposal'' and dated June 24, 2019, are designated as the
``Porcupine Gulch Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation
Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation 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 Wildlife Conservation Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Recreation.--The Secretary may permit such recreational
activities in the Wildlife Conservation Area that the
Secretary determines are consistent with the purposes
described in subsection (b).
(C) Motorized vehicles and mechanized transport; new or
temporary roads.--
(i) Motorized vehicles and mechanized transport.--Except as
provided in clause (iii), the use of motorized vehicles and
mechanized transport in the Wildlife Conservation Area shall
be prohibited.
(ii) New or temporary roads.--Except as provided in clause
(iii) and subsection (e), no new or temporary road shall be
constructed within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) authorizing the use of motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads or permitting the use of
motorized vehicles or mechanized transport to carry out pre-
or post-fire watershed protection projects;
(III) authorizing the use of motorized vehicles or
mechanized transport to carry out activities described in
subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Wildlife Conservation Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to prevent, control, or mitigate fire, insects, or
disease in the Wildlife Conservation Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 30110(e) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Applicable Law.--Nothing in this section affects the
designation of the Federal
[[Page S3249]]
land within the Wildlife Conservation Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(g) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058)
shall apply to the Wildlife Conservation Area.
SEC. 30106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION
AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Williams Fork Mountains Wildlife Conservation
Area'' on the map entitled ``Williams Fork Mountains
Proposal'' and dated June 24, 2019, are designated as the
``Williams Fork Mountains Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation
Area'').
(b) Purposes.--The purposes of the Wildlife Conservation
Area are to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, recreational, and ecological
resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation 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 Wildlife Conservation Area as 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 in the Wildlife Conservation Area
shall be limited to designated roads and trails.
(ii) New or temporary roads.--Except as provided in clause
(iii), no new or temporary road shall be constructed in the
Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) authorizing the use of motorized vehicles for
administrative purposes;
(II) authorizing the use of motorized vehicles to carry out
activities described in subsection (d); or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads and
trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Wildlife Conservation Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and policies
followed by the Secretary in issuing and administering
grazing permits or leases on land under the jurisdiction of
the Secretary shall continue to apply with regard to the land
in the Wildlife Conservation Area, consistent with the
purposes described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to prevent, control, or mitigate fire, insects, or
disease in the Wildlife Conservation Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 30110(e) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058)
shall apply to the Wildlife Conservation Area.
SEC. 30107. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,676 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Camp Hale National Historic Landscape'' on the map
entitled ``Camp Hale National Historic Landscape Proposal''
and dated June 24, 2019, are designated the ``Camp Hale
National Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events, activities,
structures, and artifacts of the Historic Landscape,
including with respect to the role of the Historic Landscape
in local, national, and world history;
(B) the historic preservation of the Historic Landscape,
consistent with--
(i) the designation of the Historic Landscape as a national
historic site; and
(ii) the other purposes of the Historic Landscape;
(C) recreational opportunities, with an emphasis on the
activities related to the historic use of the Historic
Landscape, including skiing, snowshoeing, snowmobiling,
hiking, horseback riding, climbing, other road- and trail-
based activities, and other outdoor activities; and
(D) the continued environmental remediation and removal of
unexploded ordnance at the Camp Hale Formerly Used Defense
Site and the Camp Hale historic cantonment area; and
(2) to conserve, protect, restore, and enhance for the
benefit and enjoyment of present and future generations the
scenic, watershed, and ecological resources of the Historic
Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the Historic
Landscape in accordance with--
(A) the purposes of the Historic Landscape described in
subsection (b); and
(B) any other applicable laws (including regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall prepare a
management plan for the Historic Landscape.
(B) Contents.--The management plan prepared under
subparagraph (A) shall include plans for--
(i) improving the interpretation of historic events,
activities, structures, and artifacts of the Historic
Landscape, including with respect to the role of the Historic
Landscape in local, national, and world history;
(ii) conducting historic preservation and veteran outreach
and engagement activities;
(iii) managing recreational opportunities, including the
use and stewardship of--
(I) the road and trail systems; and
(II) dispersed recreation resources;
(iv) the conservation, protection, restoration, or
enhancement of the scenic, watershed, and ecological
resources of the Historic Landscape, including conducting the
restoration and enhancement project under subsection (d); and
(v) environmental remediation and, consistent with
subsection (e)(2), the removal of unexploded ordnance.
(3) Explosive hazards.--The Secretary shall provide to the
Secretary of the Army a notification of any unexploded
ordnance (as defined in section 101(e) of title 10, United
States Code) that is discovered in the Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a restoration
and enhancement project in the Historic Landscape--
(A) to improve aquatic, riparian, and wetland conditions in
and along the Eagle River and tributaries of the Eagle River;
(B) to maintain or improve recreation and interpretive
opportunities and facilities; and
(C) to conserve historic values in the Camp Hale area.
(2) Coordination.--In carrying out the project described in
paragraph (1), the Secretary shall coordinate with--
(A) the Corps of Engineers;
(B) the Camp Hale-Eagle River Headwaters Collaborative
Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health and
Environment;
(E) the Colorado State Historic Preservation Office;
(F) units of local government; and
(G) other interested organizations and members of the
public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall continue
to carry out the projects and activities of the Department of
the Army in existence on the date of enactment of this Act
relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site; or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army may remove
unexploded ordnance (as defined in section 101(e) of title
10, United States Code) from the Historic Landscape, as the
Secretary of the Army determines to be appropriate in
accordance with applicable law (including regulations).
(B) Action on receipt of notice.--On receipt from the
Secretary of a notification of unexploded ordnance under
subsection (c)(3), the Secretary of the Army may remove the
unexploded ordnance in accordance with--
(i) the program for environmental restoration of formerly
used defense sites under section 2701 of title 10, United
States Code;
(ii) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.); and
(iii) any other applicable provision of law (including
regulations).
(3) Effect of subsection.--Nothing in this subsection
modifies any obligation in existence on the date of enactment
of this Act relating to environmental remediation or removal
of any unexploded ordnance located in or around the Camp Hale
historic cantonment area, the Camp Hale Formerly Used
[[Page S3250]]
Defense Site, or the Historic Landscape, including such an
obligation under--
(A) the program for environmental restoration of formerly
used defense sites under section 2701 of title 10, United
States Code;
(B) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
(C) any other applicable provision of law (including
regulations).
(f) Interagency Agreement.--The Secretary and the Secretary
of the Army shall enter into an agreement--
(1) to specify--
(A) the activities of the Secretary relating to the
management of the Historic Landscape; and
(B) the activities of the Secretary of the Army relating to
environmental remediation and the removal of unexploded
ordnance in accordance with subsection (e) and other
applicable laws (including regulations); and
(2) to require the Secretary to provide to the Secretary of
the Army, by not later than 1 year after the date of
enactment of this Act and periodically thereafter, as
appropriate, a management plan for the Historic Landscape for
purposes of the removal activities described in subsection
(e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any water
law, water right, or adjudication or administration relating
to any water resource;
(2) affects any water right in existence on or after the
date of enactment of this Act, or the exercise of such a
water right, including--
(A) a water right under an interstate water compact
(including full development of any apportionment made in
accordance with such a compact);
(B) a water right decreed within, above, below, or through
the Historic Landscape;
(C) a water right held by the United States;
(D) the management or operation of any reservoir, including
the storage, management, release, or transportation of water;
and
(E) the construction or operation of such infrastructure as
is determined to be necessary by an individual or entity
holding water rights to develop and place to beneficial use
those rights, subject to applicable Federal, State, and local
law (including regulations);
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right;
(4) alters or limits--
(A) a permit held by a ski area;
(B) the implementation of activities governed by a ski area
permit; or
(C) the authority of the Secretary to modify or expand an
existing ski area permit;
(5) prevents the Secretary from closing portions of the
Historic Landscape for public safety, environmental
remediation, or other use in accordance with applicable laws;
or
(6) affects--
(A) any special use permit in effect on the date of
enactment of this Act; or
(B) the renewal of a permit described in subparagraph (A).
(h) Funding.--
(1) In general.--There is established in the general fund
of the Treasury a special account, to be known as the ``Camp
Hale Historic Preservation and Restoration Fund''.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Camp Hale Historic Preservation and
Restoration Fund $10,000,000, to be available to the
Secretary until expended, for activities relating to historic
interpretation, preservation, and restoration carried out in
and around the Historic Landscape.
(i) Designation of Overlook.--The interpretive site located
beside United States Route 24 in the State, at 39.431N
106.323W, is designated as the ``Sandy Treat Overlook''.
SEC. 30108. WHITE RIVER NATIONAL FOREST BOUNDARY
MODIFICATION.
(a) In General.--The boundary of the White River National
Forest is modified to include the approximately 120 acres
comprised of the SW\1/4\, the SE\1/4\, and the NE\1/4\ of the
SE\1/4\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian,
in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of
section 200306 of title 54, United States Code, the
boundaries of the White River National Forest, as modified by
subsection (a), shall be considered to be the boundaries of
the White River National Forest as in existence on January 1,
1965.
SEC. 30109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS
BOUNDARY ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for
the ongoing maintenance and use of portions of the Trail
River Ranch and the associated property located within Rocky
Mountain National Park in Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1070) is amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential
Wilderness is modified to exclude the area comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment'
and dated January 16, 2018.''.
SEC. 30110. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this subtitle affects
the jurisdiction or responsibility of the State with respect
to fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this subtitle or an amendment
made by this subtitle establishes a protective perimeter or
buffer zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 30103;
(C) the Recreation Management Area;
(D) a Wildlife Conservation Area; or
(E) the Historic Landscape.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of a covered area can be seen
or heard from within the covered area shall not preclude the
activity or use outside the boundary of the covered area.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and
legal descriptions of each area described in subsection
(b)(1) 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.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any 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.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described
in subsection (b)(1) only through exchange, donation, or
purchase from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area, Recreation
Management Area, Wildlife Conservation Area, or Historic
Landscape, as applicable, in which the land or interest in
land is located.
(e) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the areas described in
subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(f) Military Overflights.--Nothing in this subtitle or an
amendment made by this subtitle restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this subtitle or an amendment made by this
subtitle, including military overflights that can be seen,
heard, or detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an area
described in paragraph (1); or
(B) any military flight training or transportation over
such an area.
(g) Sense of Congress.--It is the sense of Congress that
military aviation training on Federal public land in the
State, including the training conducted at the High-Altitude
Army National Guard Aviation Training Site, is critical to
the national security of the United States and the readiness
of the Armed Forces.
Subtitle B--San Juan Mountains
SEC. 30201. DEFINITIONS.
In this subtitle:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act
of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by
section 30202); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area designated
by section 30203(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 30203(a)(2).
SEC. 30202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as amended by section
30102(a)(2)) is amended by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine,
Black Face and San Bernardo Additions to the Lizard Head
Wilderness' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of, the
Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--Certain
Federal land in the Grand Mesa, Uncompahgre, and Gunnison
National Forests comprising approximately 7,235 acres, as
generally depicted on the map entitled `Proposed Liberty Bell
and Last Dollar
[[Page S3251]]
Additions to the Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area' and dated September 6, 2018, which
is incorporated in, and shall be administered as part of, the
Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land in the
Grand Mesa, Uncompahgre, and Gunnison National Forests
comprising approximately 12,465 acres, as generally depicted
on the map entitled `Proposed Whitehouse Additions to the Mt.
Sneffels Wilderness' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of, the
Mount Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and
dated September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 30203. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San
Juan National Forests in the State comprising approximately
21,663 acres, as generally depicted on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated
September 19, 2018, is designated as the ``Sheep Mountain
Special Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty
Bell and Last Dollar Additions to the Mt. Sneffels
Wilderness, Liberty Bell East Special Management Area'' and
dated September 6, 2018, is designated as the ``Liberty Bell
East Special Management Area''.
(b) Purpose.--The purpose of the Special Management Areas
is to conserve and protect for the benefit and enjoyment of
present and future generations the geological, cultural,
archaeological, paleontological, natural, scientific,
recreational, wilderness, wildlife, riparian, historical,
educational, and scenic resources of the Special Management
Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources and
values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves the
wilderness character of the Special Management Areas and the
suitability of the Special Management Areas for potential
inclusion in the National Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.);
(ii) this subtitle; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum requirements
for the administration of the Federal land, to provide access
for abandoned mine cleanup, and to protect public health and
safety--
(i) the use of motor vehicles, motorized equipment, or
mechanical transport (other than as provided in paragraph
(3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any activities
(including helicopter access for recreation and maintenance
and the competitive running event permitted since 1992) that
have been authorized by permit or license as of the date of
enactment of this Act to continue within the Special
Management Areas, subject to such terms and conditions as the
Secretary may require.
(B) Permitting.--The designation of the Special Management
Areas by subsection (a) shall not affect the issuance of
permits relating to the activities covered under subparagraph
(A) after the date of enactment of this Act.
(C) Bicycles.--The Secretary may permit the use of bicycles
in--
(i) the portion of the Sheep Mountain Special Management
Area identified as ``Ophir Valley Area'' on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated
September 19, 2018; and
(ii) the portion of the Liberty Bell East Special
Management Area identified as ``Liberty Bell Corridor'' on
the map entitled ``Proposed Liberty Bell and Last Dollar
Additions to the Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September 6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with
section 8 of the Colorado Wilderness Act of 1993 (Public Law
103-77; 107 Stat. 762), except that, for purposes of this
subtitle--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of
this Act, or the Bowen Gulch Protection Area or the Fossil
Ridge Recreation Management Area identified in sections 5 and
6 of this Act'', or ``the areas described in sections 2, 5,
6, and 9 of this Act'' shall be considered to be a reference
to ``the Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to ``the Colorado
Outdoor Recreation and Economy Act''.
SEC. 30204. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of
title II of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--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 Dominguez
Canyon Wilderness Study Area not designated as wilderness by
this subtitle have been adequately studied for wilderness
designation.
``(b) Release.--Any public land referred to in subsection
(a) that is not designated as wilderness by this subtitle--
``(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 this subtitle and
any other applicable laws.''.
(b) McKenna Peak Wilderness Study Area.--
(1) In general.--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 McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 30202) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section
30202)--
(A) 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
(B) shall be managed in accordance with applicable laws.
SEC. 30205. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this subtitle affects
the jurisdiction or responsibility of the State with respect
to fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this subtitle establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as
added by section 30202) and the Special Management Areas
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.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary or
the Secretary of the Interior, as appropriate, may correct
any 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 Bureau of
Land Management and the Forest Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or
the wilderness designated under paragraphs (27) through (29)
of section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section
30202) only through exchange, donation, or purchase from a
willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special
Management Area in which the land or interest in land is
located.
(e) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall
be permitted to continue subject to such reasonable
regulations as are considered to be necessary by the
Secretary with jurisdiction over the covered land, in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable 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) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
[[Page S3252]]
(f) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary with jurisdiction over a wilderness area
designated by paragraphs (27) through (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 30202) may carry out
any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects,
and diseases, subject to such terms and conditions as the
Secretary determines to be appropriate.
(g) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the covered land and the
approximately 6,590 acres generally depicted on the map
entitled ``Proposed Naturita Canyon Mineral Withdrawal Area''
and dated September 6, 2018, is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
Subtitle C--Thompson Divide
SEC. 30301. PURPOSES.
The purposes of this subtitle are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and
other disposal laws; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere--
(A) to reduce methane gas emissions; and
(B) to provide--
(i) new renewable electricity supplies and other beneficial
uses of fugitive methane emissions; and
(ii) increased royalties for taxpayers.
SEC. 30302. DEFINITIONS.
In this subtitle:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal land
in Garfield, Gunnison, Delta, or Pitkin County in the State,
as generally depicted on the pilot program map as ``Fugitive
Coal Mine Methane Use Pilot Program Area'', that would leak
or be vented into the atmosphere from an active, inactive, or
abandoned underground coal mine.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 30305(a)(1).
(3) Pilot program map.--The term ``pilot program map''
means the map entitled ``Greater Thompson Divide Fugitive
Coal Mine Methane Use Pilot Program Area'' and dated June 17,
2019.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease'' means
any oil or gas lease in effect on the date of enactment of
this Act within the Thompson Divide Withdrawal and Protection
Area.
(B) Exclusions.--The term ``Thompson Divide lease'' does
not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage Field
development right; or
(ii) before the date of enactment of this Act, has expired,
been cancelled, or otherwise terminated.
(6) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map''
and dated June 13, 2019.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals generally depicted on the
Thompson Divide map as the ``Thompson Divide Withdrawal and
Protection Area''.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage Field
development right'' means a development right for any of the
Federal mineral leases numbered COC 007496, COC 007497, COC
007498, COC 007499, COC 007500, COC 007538, COC 008128, COC
015373, COC 0128018, COC 051645, and COC 051646, as generally
depicted on the Thompson Divide map as ``Wolf Creek Storage
Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage Field
development right'' does not include any storage right or
related activity within the area described in subparagraph
(A).
SEC. 30303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the
Thompson Divide Withdrawal and 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.
(b) Surveys.--The exact acreage and legal description of
the Thompson Divide Withdrawal and Protection Area shall be
determined by surveys approved by the Secretary, in
consultation with the Secretary of Agriculture.
(c) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall
be allowed to continue subject to such reasonable regulations
as are considered to be necessary by the Secretary with
jurisdiction over the covered land.
SEC. 30304. THOMPSON DIVIDE LEASE EXCHANGE.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder,
the Secretary may issue to the leaseholder credits for any
bid, royalty, or rental payment due under any Federal oil or
gas lease on Federal land in the State, in accordance with
subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide
lease relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for the applicable
Thompson Divide leases;
(ii) the amount of any rental paid for the applicable
Thompson Divide leases as of the date on which the
leaseholder submits to the Secretary a notice of the decision
to relinquish the applicable Thompson Divide leases; and
(iii) the amount of any expenses incurred by the
leaseholder of the applicable Thompson Divide leases in the
preparation of any drilling permit, sundry notice, or other
related submission in support of the development of the
applicable Thompson Divide leases as of January 28, 2019,
including any expenses relating to the preparation of any
analysis under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for legal fees or
related expenses for legal work with respect to a Thompson
Divide lease.
(c) Cancellation.--Effective on relinquishment under this
section, and without any additional action by the Secretary,
a Thompson Divide lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted
in accordance with--
(A) this title; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary shall accept
credits issued under subsection (a) in the same manner as
cash for the payments described in that subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--All amounts in the form of
credits issued under subsection (a) accepted by the Secretary
shall be considered to be amounts received for the purposes
of--
(A) section 35 of the Mineral Leasing Act (30 U.S.C. 191);
and
(B) section 20 of the Geothermal Steam Act of 1970 (30
U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease, any
leaseholder with a Wolf Creek Storage Field development right
shall permanently relinquish, transfer, and otherwise convey
to the Secretary, in a form acceptable to the Secretary, all
Wolf Creek Storage Field development rights of the
leaseholder.
(2) Limitation of transfer.--An interest acquired by the
Secretary under paragraph (1)--
(A) shall be held in perpetuity; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral extraction.
SEC. 30305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE
METHANE USE PILOT PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of
Land Management a pilot program, to be known as the ``Greater
Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to produce bid and royalty revenues;
(D) to improve air quality; and
(E) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a plan--
(i) to complete an inventory of fugitive methane emissions
in accordance with subsection (b);
(ii) to provide for the leasing of fugitive methane
emissions in accordance with subsection (c); and
(iii) to provide for the capping or destruction of fugitive
methane emissions in accordance with subsection (d).
(B) Coordination.--In developing the plan under this
paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin Counties in the
State;
(iii) lessees of Federal coal within the counties referred
to in clause (ii);
[[Page S3253]]
(iv) interested institutions of higher education in the
State; and
(v) interested members of the public.
(b) Fugitive Methane Emission Inventory.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--The Secretary may conduct the inventory under
paragraph (1) through, or in collaboration with--
(A) the Bureau of Land Management;
(B) the United States Geological Survey;
(C) the Environmental Protection Agency;
(D) the United States Forest Service;
(E) State departments or agencies;
(F) Garfield, Gunnison, Delta, or Pitkin County in the
State;
(G) the Garfield County Federal Mineral Lease District;
(H) institutions of higher education in the State;
(I) lessees of Federal coal within a county referred to in
subparagraph (F);
(J) the National Oceanic and Atmospheric Administration;
(K) the National Center for Atmospheric Research; or
(L) other interested entities, including members of the
public.
(3) Contents.--The inventory under paragraph (1) shall
include--
(A) the general location and geographic coordinates of each
vent, seep, or other source producing significant fugitive
methane emissions;
(B) an estimate of the volume and concentration of fugitive
methane emissions from each source of significant fugitive
methane emissions, including details of measurements taken
and the basis for that emissions estimate;
(C) an estimate of the total volume of fugitive methane
emissions each year;
(D) relevant data and other information available from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health Administration;
(iii) the department of natural resources of the State;
(iv) the Colorado Public Utility Commission;
(v) the department of health and environment of the State;
and
(vi) the Office of Surface Mining Reclamation and
Enforcement; and
(E) such other information as may be useful in advancing
the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall provide
opportunities for public participation in the inventory under
this subsection.
(B) Availability.--The Secretary shall make the inventory
under this subsection publicly available.
(C) Disclosure.--Nothing in this subsection requires the
Secretary to publicly release information that--
(i) poses a threat to public safety;
(ii) is confidential business information; or
(iii) is otherwise protected from public disclosure.
(5) Use.--The Secretary shall use the inventory in carrying
out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane
emissions under subsection (d).
(c) Fugitive Methane Emission Leasing Program.--
(1) In general.--Subject to valid existing rights and in
accordance with this section, not later than 1 year after the
date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the
use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to
lease.--
(A) In general.--The Secretary shall authorize the holder
of a valid existing Federal coal lease for a mine that is
producing fugitive methane emissions to capture for use, or
destroy by flaring, the fugitive methane emissions.
(B) Conditions.--The authority under subparagraph (A) shall
be subject to--
(i) valid existing rights; and
(ii) such terms and conditions as the Secretary may
require.
(C) Limitations.--The program carried out under
subparagraph (A) shall only include fugitive methane
emissions that can be captured for use, or destroyed by
flaring, in a manner that does not--
(i) endanger the safety of any coal mine worker; or
(ii) unreasonably interfere with any ongoing operation at a
coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work cooperatively
with the holders of valid existing Federal coal leases for
mines that produce fugitive methane emissions to encourage--
(I) the capture of fugitive methane emissions for
beneficial use, such as generating electrical power,
producing usable heat, transporting the methane to market, or
transforming the fugitive methane emissions into a different
marketable material; or
(II) if the beneficial use of the fugitive methane
emissions is not feasible, the destruction of the fugitive
methane emissions by flaring.
(ii) Guidance.--In furtherance of the purposes of this
paragraph, not later than 1 year after the date of enactment
of this Act, the Secretary shall issue guidance for the
implementation of Federal authorities and programs to
encourage the capture for use, or destruction by flaring, of
fugitive methane emissions, while minimizing impacts on
natural resources or other public interest values.
(E) Royalties.--The Secretary shall determine whether any
fugitive methane emissions used or destroyed pursuant to this
paragraph are subject to the payment of a royalty under
applicable law.
(3) Fugitive methane emissions from abandoned coal mines.--
(A) In general.--Except as otherwise provided in this
section, notwithstanding section 30303, subject to valid
existing rights, and in accordance with section 21 of the
Mineral Leasing Act (30 U.S.C. 241) and any other applicable
law, the Secretary shall--
(i) authorize the capture for use, or destruction by
flaring, of fugitive methane emissions from abandoned coal
mines on Federal land; and
(ii) make available for leasing such fugitive methane
emissions from abandoned coal mines on Federal land as the
Secretary considers to be in the public interest.
(B) Source.--To the maximum extent practicable, the
Secretary shall offer for lease each significant vent, seep,
or other source of fugitive methane emissions from abandoned
coal mines.
(C) Bid qualifications.--A bid to lease fugitive methane
emissions under this paragraph shall specify whether the
prospective lessee intends--
(i) to capture the fugitive methane emissions for
beneficial use, such as generating electrical power,
producing usable heat, transporting the methane to market, or
transforming the fugitive methane emissions into a different
marketable material;
(ii) to destroy the fugitive methane emissions by flaring;
or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane emissions for beneficial
use; and
(II) destroying the fugitive methane emission by flaring.
(D) Priority.--
(i) In general.--In any case in which 2 or more qualified
bids are submitted for a lease under this paragraph, the
Secretary shall select the bid that the Secretary determines
is likely to most significantly advance the public interest.
(ii) Considerations.--In determining the public interest
under clause (i), the Secretary shall take into
consideration--
(I) the size of the overall decrease in the time-integrated
radiative forcing of the fugitive methane emissions;
(II) the impacts to other natural resource values,
including wildlife, water, and air; and
(III) other public interest values, including scenic,
economic, recreation, and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall develop and provide to
prospective bidders a lease form for leases issued under this
paragraph.
(ii) Due diligence.--The lease form developed under clause
(i) shall include terms and conditions requiring the leased
fugitive methane emissions to be put to beneficial use or
flared by not later than 1 year after the date of issuance of
the lease.
(F) Royalty rate.--The Secretary shall develop a minimum
bid and royalty rate for leases under this paragraph to
advance the purposes of this section, to the maximum extent
practicable.
(d) Sequestration.--If, by not later than 4 years after the
date of enactment of this Act, any significant fugitive
methane emissions from abandoned coal mines on Federal land
are not leased under subsection (c)(3), the Secretary shall,
in accordance with applicable law, take all reasonable
measures--
(1) to cap those fugitive methane emissions at the source
in any case in which the cap will result in the long-term
sequestration of all or a significant portion of the fugitive
methane emissions; or
(2) if sequestration under paragraph (1) is not feasible,
destroy the fugitive methane emissions by flaring.
(e) Report to Congress.--Not later than 4 years after the
date of enactment of this Act the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a report detailing--
(1) the economic and environmental impacts of the pilot
program, including information on increased royalties and
estimates of avoided greenhouse gas emissions; and
(2) any recommendations of the Secretary regarding whether
the pilot program could be expanded geographically to include
other significant sources of fugitive methane emissions from
coal mines.
SEC. 30306. EFFECT.
Except as expressly provided in this subtitle, nothing in
this subtitle--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this subtitle, in
accordance with applicable laws; or
[[Page S3254]]
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in
the State.
Subtitle D--Curecanti National Recreation Area
SEC. 30401. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485C, and dated August 11, 2016.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation
Area established by section 30402(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 30402. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of
the date on which the Secretary approves a request under
subsection (c)(2)(B)(i)(I) and the date that is 1 year after
the date of enactment of this Act, there shall be established
as a unit of the National Park System the Curecanti National
Recreation Area, in accordance with this title, consisting of
approximately 50,667 acres of land in the State, as generally
depicted on the map as ``Curecanti National Recreation Area
Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this subtitle; and
(B) the laws (including regulations) generally applicable
to units of the National Park System, including section
100101(a), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of title 54, United States Code.
(2) Dam, power plant, and reservoir management and
operations.--
(A) In general.--Nothing in this subtitle affects or
interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley Reclamation Project
under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit of the Colorado
River Storage Project under the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620 et seq.); or
(iii) under the Federal Water Project Recreation Act (16
U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain administrative
jurisdiction.--If, before the date that is 1 year after the
date of enactment of this Act, the Commissioner of
Reclamation submits to the Secretary a request for the
Commissioner of Reclamation to retain administrative
jurisdiction over the minimum quantity of land within the
land identified on the map as ``Lands withdrawn or acquired
for Bureau of Reclamation projects'' that the Commissioner of
Reclamation identifies as necessary for the effective
operation of Bureau of Reclamation water facilities, the
Secretary may--
(I) approve, approve with modifications, or disapprove the
request; and
(II) if the request is approved under subclause (I), make
any modifications to the map that are necessary to reflect
that the Commissioner of Reclamation retains management
authority over the minimum quantity of land required to
fulfill the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative jurisdiction over the land
identified on the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'', as modified pursuant to
clause (i)(II), if applicable, shall be transferred from the
Commissioner of Reclamation to the Director of the National
Park Service by not later than the date that is 1 year after
the date of enactment of this Act.
(II) Access to transferred land.--
(aa) In general.--Subject to item (bb), the Commissioner of
Reclamation shall retain access to the land transferred to
the Director of the National Park Service under subclause (I)
for reclamation purposes, including for the operation,
maintenance, and expansion or replacement of facilities.
(bb) Memorandum of understanding.--The terms of the access
authorized under item (aa) shall be determined by a
memorandum of understanding entered into between the
Commissioner of Reclamation and the Director of the National
Park Service not later than 1 year after the date of
enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into management
agreements, or modify management agreements in existence on
the date of enactment of this Act, relating to the authority
of the Director of the National Park Service, the
Commissioner of Reclamation, the Director of the Bureau of
Land Management, or the Chief of the Forest Service to manage
Federal land within or adjacent to the boundary of the
National Recreation Area.
(B) State land.--The Secretary may enter into cooperative
management agreements for any land administered by the State
that is within or adjacent to the National Recreation Area,
in accordance with the cooperative management authority under
section 101703 of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in subparagraph (B),
the Secretary shall allow boating, boating-related
activities, hunting, and fishing in the National Recreation
Area in accordance with applicable Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting through the
Superintendent of the National Recreation Area, may designate
zones in which, and establish periods during which, no
boating, hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A) for reasons
of public safety, administration, or compliance with
applicable laws.
(ii) Consultation required.--Except in the case of an
emergency, any closure proposed by the Secretary under clause
(i) shall not take effect until after the date on which the
Superintendent of the National Recreation Area consults
with--
(I) the appropriate State agency responsible for hunting
and fishing activities; and
(II) the Board of County Commissioners in each county in
which the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located not more than 3
miles from the boundary of the National Recreation Area, the
Secretary may work in partnership with the individual to
enhance the long-term conservation of natural, cultural,
recreational, and scenic resources in and around the National
Recreation Area--
(A) by acquiring all or a portion of the private land or
interests in private land located not more than 3 miles from
the boundary of the National Recreation Area by purchase,
exchange, or donation, in accordance with section 30403;
(B) by providing technical assistance to the individual,
including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement opportunities.
(6) Withdrawal.--Subject to valid existing rights, all
Federal land within the National Recreation Area is withdrawn
from--
(A) all forms of entry, appropriation, and 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.
(7) Grazing.--
(A) State land subject to state grazing lease.--
(i) In general.--If State land acquired under this subtitle
is subject to a State grazing lease in effect on the date of
acquisition, the Secretary shall allow the grazing to
continue for the remainder of the term of the lease, subject
to the related terms and conditions of user agreements,
including permitted stocking rates, grazing fee levels,
access rights, and ownership and use of range improvements.
(ii) Access.--A lessee of State land may continue use of
established routes within the National Recreation Area to
access State land for purposes of administering the lease if
the use was permitted before the date of enactment of this
Act, subject to such terms and conditions as the Secretary
may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on land
acquired from the State or private landowners under section
30403, if grazing was established before the date of
acquisition.
(C) Private land.--On private land acquired under section
30403 for the National Recreation Area on which authorized
grazing is occurring before the date of enactment of this
Act, the Secretary, in consultation with the lessee, may
allow the continuation and renewal of grazing on the land
based on the terms of acquisition or by agreement between the
Secretary and the lessee, subject to applicable law
(including regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing leases, uses, and
practices in effect as of the date of enactment of this Act,
the continuation and renewal of grazing on Federal land
located within the boundary of the National Recreation Area
on which grazing is allowed before the date of enactment of
this Act, unless the Secretary determines that grazing on the
Federal land would present unacceptable impacts (as defined
in section 1.4.7.1 of the National Park Service document
entitled ``Management Policies 2006: The Guide to Managing
the National Park System'') to the natural, cultural,
recreational, and scenic resource values and the character of
the land within the National Recreation Area; and
(ii) retain all authorities to manage grazing in the
National Recreation Area.
(E) Termination of leases.--Within the National Recreation
Area, the Secretary may--
(i) accept the voluntary termination of a lease or permit
for grazing; or
(ii) in the case of a lease or permit vacated for a period
of 3 or more years, terminate the lease or permit.
(8) Water rights.--Nothing in this subtitle--
(A) affects any 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;
[[Page S3255]]
(D) authorizes or imposes any new reserved Federal water
right;
(E) shall be considered to be a relinquishment or reduction
of any water right reserved or appropriated by the United
States in the State on or before the date of enactment of
this Act; or
(F) constitutes an express or implied reservation by the
United States of any water or water right with respect to the
National Recreation Area.
(9) Fishing easements.--
(A) In general.--Nothing in this subtitle diminishes or
alters the fish and wildlife program for the Aspinall Unit
developed under section 8 of the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project
Act'') (70 Stat. 110, chapter 203; 43 U.S.C. 620g), by the
United States Fish and Wildlife Service, the Bureau of
Reclamation, and the Colorado Division of Wildlife (including
any successor in interest to that division) that provides for
the acquisition of public access fishing easements as
mitigation for the Aspinall Unit (referred to in this
paragraph as the ``program'').
(B) Acquisition of fishing easements.--The Secretary shall
continue to fulfill the obligation of the Secretary under the
program to acquire 26 miles of class 1 public fishing
easements to provide to sportsmen access for fishing within
the Upper Gunnison Basin upstream of the Aspinall Unit,
subject to the condition that no existing fishing access
downstream of the Aspinall Unit shall be counted toward the
minimum mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(i) develop a plan for fulfilling the obligation of the
Secretary described in subparagraph (B); and
(ii) submit to Congress a report that--
(I) includes the plan developed under clause (i); and
(II) describes any progress made in the acquisition of
public access fishing easements as mitigation for the
Aspinall Unit under the program.
SEC. 30403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National
Recreation Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with donated or
appropriated funds;
(iii) transfer from another Federal agency; or
(iv) exchange.
(B) State land.--Land or interests in land owned by the
State or a political subdivision of the State may only be
acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over the
approximately 2,560 acres of land identified on the map as
``U.S. Forest Service proposed transfer to the National Park
Service'' is transferred to the Secretary, to be administered
by the Director of the National Park Service as part of the
National Recreation Area.
(B) Boundary adjustment.--The boundary of the Gunnison
National Forest shall be adjusted to exclude the land
transferred to the Secretary under subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 5,040 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the
Bureau of Land Management, subject to the revocation of
Bureau of Reclamation withdrawal'' shall be transferred to
the Director of the Bureau of Land Management on
relinquishment of the land by the Bureau of Reclamation and
revocation by the Bureau of Land Management of any withdrawal
as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of
the land identified on the map as ``Potential exchange
lands'' shall be relinquished by the Commissioner of
Reclamation and revoked by the Director of the Bureau of Land
Management and the land shall be transferred to the National
Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for private land
described in section 30402(c)(5)--
(i) subject to a conservation easement remaining on the
transferred land, to protect the scenic resources of the
transferred land; and
(ii) in accordance with the laws (including regulations)
and policies governing National Park Service land exchanges;
and
(B) if not exchanged under subparagraph (A), shall be added
to, and managed as a part of, the National Recreation Area.
(d) Addition to National Recreation Area.--Any land within
the boundary of the National Recreation Area that is acquired
by the United States shall be added to, and managed as a part
of, the National Recreation Area.
SEC. 30404. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are
made available to carry out this subtitle, the Director of
the National Park Service, in consultation with the
Commissioner of Reclamation, shall prepare a general
management plan for the National Recreation Area in
accordance with section 100502 of title 54, United States
Code.
SEC. 30405. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National
Park Service) shall prepare a boundary survey and legal
description of the National Recreation Area.
______