[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2493-S2501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 297. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an
amendment intended to be proposed by him to the bill S. 2226, to
authorize appropriations for fiscal year 2024 for military activities
of the Department of Defense, for military construction,
[[Page S2494]]
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 end, add the following:
DIVISION F--COLORADO OUTDOOR RECREATION
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Colorado Outdoor
Recreation and Economy Act''.
SEC. 6002. DEFINITION OF STATE.
In this division, the term ``State'' means the State of
Colorado.
TITLE LXI--CONTINENTAL DIVIDE
SEC. 6101. DEFINITIONS.
In this title:
(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 6102(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 6104(a);
(B) the Williams Fork Mountains Wildlife Conservation Area
designated by section 6105(a); and
(C) the Spraddle Creek Wildlife Conservation Area
designated by section 6106(a).
SEC. 6102. 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 April 22, 2022, 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
May 1, 2023, 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 7,634 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 April 26, 2022,
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 the report of the Committee
on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96-617).
(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.
SEC. 6103. WILLIAMS FORK MOUNTAINS POTENTIAL 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 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
(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 the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date on which the
Williams Fork Mountains Wilderness is designated in
accordance with paragraph (1).
SEC. 6104. 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).
[[Page S2495]]
(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 manage wildland fire and treat hazardous fuels,
insects, and diseases 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 6110(f) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations) and subject to valid existing rights, the use of
the subsurface of the Wildlife Conservation Area to
construct, realign, operate, or maintain regional
transportation projects, including Interstate 70 and the
Eisenhower-Johnson Tunnels.
(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. 6105. 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 manage wildland fire and treat hazardous fuels,
insects, and diseases in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary
determines to be appropriate.
(e) 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. 6106. SPRADDLE CREEK WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 2,674 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Spraddle Creek Wildlife Conservation Area'' on the
map entitled ``Eagles Nest Wilderness Additions Proposal''
and dated April 26, 2022, are designated as the ``Spraddle
Creek 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 title.
(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 and mechanized transport.--Except as
necessary for administrative purposes or to respond to an
emergency, the use of motorized vehicles and mechanized
transport in the Wildlife Conservation Area shall be
prohibited.
(C) Roads.--
(i) In general.--Except as provided in clause (ii), no road
shall be constructed in the Wildlife Conservation Area.
(ii) Exceptions.--Nothing in clause (i) prevents the
Secretary from--
(I) constructing a temporary road as the Secretary
determines to be necessary as a minimum requirement for
carrying out a vegetation management project in the Wildlife
Conservation Area; or
(II) responding to an emergency.
(iii) Decommissioning of temporary roads.--Not later than 3
years after the date on which the applicable vegetation
management project is completed, the Secretary shall
decommission any temporary road constructed under clause
(ii)(I) for the applicable vegetation management project.
(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 in the Wildlife
Conservation Area 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 manage wildland fire and treat hazardous fuels,
insects, and diseases in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary
determines to be appropriate.
(e) 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. 6107. SANDY TREAT OVERLOOK.
The interpretive site located beside United States Route 24
within the Camp Hale-Continental Divide National Monument, at
39.431N 106.323W, is designated as the ``Sandy Treat
Overlook''.
SEC. 6108. 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. 6109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS
BOUNDARY ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for
the ongoing maintenance
[[Page S2496]]
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. 6110. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title 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 title or an amendment made
by this title establishes a protective perimeter or buffer
zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 6103; or
(C) a Wildlife Conservation Area.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of an area described in
paragraph (1) can be seen or heard from within the applicable
area described in paragraph (1) shall not preclude the
activity or use outside the boundary of the applicable area
described in paragraph (1).
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of an Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions that the Secretary determines to be necessary and
in accordance with applicable law, the Secretary shall allow
for the continued use of the areas described in subsection
(b)(1) by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare 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 prepared
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary may--
(A) correct any typographical errors in the maps and legal
descriptions; and
(B) in consultation with the State, make minor adjustments
to the boundaries of the Porcupine Gulch Wildlife
Conservation Area designated by section 6104(a) and the
Williams Fork Mountains Wildlife Conservation Area designated
by section 6105(a) to account for potential highway or
multimodal transportation system construction, safety
measures, maintenance, realignment, or widening.
(3) Public availability.--Each map and legal description
prepared under paragraph (1) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service.
(e) 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) by donation, purchase from a willing
seller, or exchange.
(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 or Wildlife
Conservation Area, as applicable, in which the land or
interest in land is located.
(f) Withdrawal.--Subject to valid existing rights, 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.
(g) Military Overflights.--Nothing in this title or an
amendment made by this title restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this title or an amendment made by this
title, 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.
(h) 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.
TITLE LXII--SAN JUAN MOUNTAINS
SEC. 6201. DEFINITIONS.
In this title:
(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 6202); 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 6203(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 6203(a)(2).
SEC. 6202. 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
6102(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 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. 6203. 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 title; 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
[[Page S2497]]
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
title--
(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''.
(e) Sheep Mountain Special Management Area Nordic Ski
Safety Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
interested parties, shall complete a study on ensuring safe
access for Nordic skiing in the vicinity of the Sheep
Mountain Special Management Area, consistent with the
purposes of the Sheep Mountain Special Management Area.
(2) Requirement.--In conducting the study under paragraph
(1), the Secretary, in coordination with San Miguel County in
the State, the State Department of Transportation, and other
interested stakeholders, shall identify a range of reasonable
actions that could be taken by the Secretary to provide or
facilitate off-highway parking areas along State Highway 145
to facilitate safe access for Nordic skiing in the vicinity
of the Sheep Mountain Special Management Area.
SEC. 6204. 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 6202) 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
6202)--
(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. 6205. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title 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 title 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) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of any Indian Tribe, including rights under the
Agreement of September 13, 1873, ratified by the Act of April
29, 1874 (18 Stat. 36, chapter 136).
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the covered land by members of Indian
Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(d) 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 6202) 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 title, 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.
(e) 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
6202) by donation, purchase from a willing seller, or
exchange.
(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.
(f) 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).
(g) 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 6202) 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.
(h) Withdrawal.--Subject to valid existing rights, 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.
TITLE LXIII--THOMPSON DIVIDE
SEC. 6301. PURPOSES.
The purposes of this title are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and
other disposal laws in order to protect the agricultural,
ranching, wildlife, air quality, recreation, ecological, and
scenic values of the area; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere.
SEC. 6302. DEFINITIONS.
In this title:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal land
or interests in Federal land in Garfield, Gunnison, Delta, or
Pitkin County in the State, within the boundaries of the
``Fugitive Coal Mine Methane Use Pilot Program Area'', as
generally depicted on the pilot program map, that would leak
or be vented into the atmosphere from--
(A) an active or inactive coal mine subject to a Federal
coal lease; or
(B) an abandoned underground coal mine or the site of a
former coal mine--
(i) that is not subject to a Federal coal lease; and
[[Page S2498]]
(ii) with respect to which the Federal interest in land
includes mineral rights to the methane gas.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 6305(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 April
29, 2022.
(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 May 15, 2023.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals within the area generally
depicted as the ``Thompson Divide Withdrawal and Protection
Area'' on the Thompson Divide map.
(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 0007496, COC 0007497, COC
0007498, COC 0007499, COC 0007500, COC 0007538, COC 0008128,
COC 0015373, COC 0128018, COC 0051645, and COC 0051646, 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. 6303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the
Thompson Divide Withdrawal and Protection Area is withdrawn
from--
(1) 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.--Nothing in this title affects the
administration of grazing in the Thompson Divide Withdrawal
and Protection Area.
SEC. 6304. THOMPSON DIVIDE LEASE CREDITS.
(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 reasonable 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--
(A) legal fees or related expenses for legal work with
respect to a Thompson Divide lease; or
(B) any expenses incurred before the issuance of 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 under this
section, 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) Credits.--
(A) In general.--In consideration for the transfer of
development rights under paragraph (1), the Secretary may
issue to a leaseholder described in that paragraph credits
for any reasonable expenses incurred by the leaseholder in
acquiring the Wolf Creek Storage Field development right or
in the preparation of any drilling permit, sundry notice, or
other related submission in support of the development right
as of January 28, 2019, including any reasonable expenses
relating to the preparation of any analysis under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(B) Approval.--Any credits for a transfer of the
development rights under paragraph (1), shall be subject to--
(i) the exclusion described in subsection (b)(2);
(ii) the conditions described in subsection (d); and
(iii) the approval of the Secretary.
(3) Limitation of transfer.--Development rights acquired by
the Secretary under paragraph (1)--
(A) shall be held for as long as the parent leases in the
Wolf Creek Storage Field remain in effect; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral extraction.
SEC. 6305. 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 improve air quality; and
(D) 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);
(iv) interested institutions of higher education in the
State; and
(v) interested members of the public.
(b) Fugitive Methane Emissions Inventory.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--
(A) Collaboration.--The Secretary may conduct the inventory
under paragraph (1) through, or in collaboration with--
(i) the Bureau of Land Management;
(ii) the United States Geological Survey;
(iii) the Environmental Protection Agency;
(iv) the United States Forest Service;
(v) State departments or agencies;
(vi) Garfield, Gunnison, Delta, or Pitkin County in the
State;
(vii) the Garfield County Federal Mineral Lease District;
(viii) institutions of higher education in the State;
(ix) lessees of Federal coal within a county referred to in
subparagraph (F);
(x) the National Oceanic and Atmospheric Administration;
[[Page S2499]]
(xi) the National Center for Atmospheric Research; or
(xii) other interested entities, including members of the
public.
(B) Federal split estate.--
(i) In general.--In conducting the inventory under
paragraph (1) for Federal minerals on split estate land, the
Secretary shall rely on available data.
(ii) Limitation.--Nothing in this section requires or
authorizes the Secretary to enter or access private land to
conduct the inventory under paragraph (1).
(3) Contents.--The inventory conducted under paragraph (1)
shall include--
(A) the general location and geographic coordinates of
vents, seeps, or other sources 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) relevant data and other information available from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health Administration;
(iii) the Colorado Department of Natural Resources;
(iv) the Colorado Public Utility Commission;
(v) the Colorado Department of Health and Environment; and
(vi) the Office of Surface Mining Reclamation and
Enforcement; and
(D) 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, as
appropriate, provide opportunities for public participation
in the conduct of the inventory under paragraph (1).
(B) Availability.--The Secretary shall make the inventory
conducted under paragraph (1) 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) Impact on coal mines subject to lease.--
(A) In general.--For the purposes of conducting the
inventory under paragraph (1), for land subject to a Federal
coal lease, the Secretary shall use readily available methane
emissions data.
(B) Effect.--Nothing in this section requires the holder of
a Federal coal lease to report additional data or information
to the Secretary.
(6) Use.--The Secretary shall use the inventory conducted
under paragraph (1) 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 Emissions Leasing Program and
Sequestration.--
(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 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 paragraph
(1) shall only include fugitive methane emissions that can be
captured for use or destroyed 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.
(ii) Guidance.--In support of cooperative efforts with
holders of valid existing Federal coal leases to capture for
use or destroy fugitive methane emissions, not later than 1
year after the date of enactment of this Act, the Secretary
shall issue guidance to the public for the implementation of
authorities and programs to encourage the capture for use and
destruction 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 land not subject to a
federal coal lease.--
(A) In general.--Except as otherwise provided in this
section, notwithstanding section 6303 and subject to valid
existing rights and any other applicable law, the Secretary
shall, for land not subject to a Federal coal lease--
(i) authorize the capture for use or destruction of
fugitive methane emissions; and
(ii) make available for leasing such fugitive methane
emissions as the Secretary determines to be in the public
interest.
(B) Source.--To the extent practicable, the Secretary shall
offer for lease, individually or in combination, each
significant source of fugitive methane emissions on land not
subject to a Federal coal lease.
(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; or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane emissions for beneficial
use; and
(II) destroying the fugitive methane emissions.
(D) Priority.--
(i) In general.--If there is more than 1 qualified bid 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 overall decrease in 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
destroyed by not later than 3 years after the date of
issuance of the lease.
(F) Royalty rate.--The Secretary shall develop a minimum
bid, as the Secretary determines to be necessary, and royalty
rate for leases under this paragraph.
(d) Sequestration.--If, by not later than 4 years after the
date of completion of the inventory under subsection (b), any
significant fugitive methane emissions are not leased under
subsection (c)(3), the Secretary shall, subject to the
availability of appropriations and in accordance with
applicable law, take all reasonable measures--
(1) to provide incentives for new leases under subsection
(c)(3);
(2) 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
(3) to destroy the fugitive methane emissions, if
incentivizing leases under paragraph (1) or sequestration
under paragraph (2) is not feasible, with priority for
locations that destroy the greatest quantity of fugitive
methane emissions at the lowest cost.
(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 on whether the
pilot program could be expanded to include--
(A) other significant sources of emissions of fugitive
methane located outside the boundaries of the area depicted
as ``Fugitive Coal Mine Methane Use Pilot Program Area'' on
the pilot program map; and
(B) the leasing of natural methane seeps under the
activities authorized pursuant to subsection (c)(3).
SEC. 6306. EFFECT.
Except as expressly provided in this title, nothing in this
title--
(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 title, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in
the State.
[[Page S2500]]
TITLE LXIV--CURECANTI NATIONAL RECREATION AREA
SEC. 6401. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485D, and dated April 25, 2022.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation
Area established by section 6402(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 6402. 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 division, consisting
of approximately 50,300 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 title; 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 title 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 within the area
generally depicted as ``Conservation Opportunity Area'' on
the map entitled ``Preferred Alternative'' in the document
entitled ``Report to Congress: Curecanti Special Resource
Study'' and dated June 2009, 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 within the Conservation Opportunity
Area by purchase, exchange, or donation, in accordance with
section 6403;
(B) by providing technical assistance to the individual,
including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement opportunities.
(6) Incorporation of acquired land and interests.--Any land
or interest in land acquired by the United States under
paragraph (5) shall--
(A) become part of the National Recreation Area; and
(B) be managed in accordance with this title.
(7) Withdrawal.--Subject to valid existing rights, all
Federal land within the National Recreation Area, including
land acquired pursuant to this section, is withdrawn from--
(A) 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.
(8) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired under this title 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 to use
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
6403, if grazing was established before the date of
acquisition.
(C) Private land.--On private land acquired under section
6403 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
[[Page S2501]]
(ii) in the case of a lease or permit vacated for a period
of 3 or more years, terminate the lease or permit.
(9) Water rights.--Nothing in this title--
(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;
(D) 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
(E) constitutes an express or implied Federal reservation
of any water or water rights with respect to the National
Recreation Area.
(10) Fishing easements.--
(A) In general.--Nothing in this title 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 develop a plan for
fulfilling the obligation of the Secretary described in
subparagraph (B) by the date that is 10 years after the date
of enactment of this Act.
(D) Reports.--Not later than each of 2 years, 5 years, and
8 years after the date of enactment of this Act, the
Secretary shall submit to Congress a report that describes
the progress made in fulfilling the obligation of the
Secretary described in subparagraph (B).
(d) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of any Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the National Recreation Area by members
of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
SEC. 6403. 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 2,500 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 6,100 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 6402(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. 6404. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are
made available to carry out this title, 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. 6405. 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.
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