[House Report 116-226]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-226
======================================================================
COLORADO OUTDOOR RECREATION AND ECONOMY ACT
_______
October 4, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 823]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 823) to provide for the designation of certain
wilderness areas, recreation management areas, and conservation
areas in the State of Colorado, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Colorado Outdoor
Recreation and Economy Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of state.
TITLE I--CONTINENTAL DIVIDE
Sec. 101. Definitions.
Sec. 102. Colorado Wilderness additions.
Sec. 103. Williams Fork Mountains Wilderness.
Sec. 104. Tenmile Recreation Management Area.
Sec. 105. Porcupine Gulch Wildlife Conservation Area.
Sec. 106. Williams Fork Mountains Wildlife Conservation Area.
Sec. 107. Camp Hale National Historic Landscape.
Sec. 108. White River National Forest Boundary modification.
Sec. 109. Rocky Mountain National Park Potential Wilderness Boundary
adjustment.
Sec. 110. Administrative provisions.
TITLE II--SAN JUAN MOUNTAINS
Sec. 201. Definitions.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Special management areas.
Sec. 204. Release of wilderness study areas.
Sec. 205. Administrative provisions.
TITLE III--THOMPSON DIVIDE
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Thompson Divide Withdrawal and Protection Area.
Sec. 304. Thompson Divide lease exchange.
Sec. 305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 306. Effect.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
Sec. 401. Definitions.
Sec. 402. Curecanti National Recreation Area.
Sec. 403. Acquisition of land; boundary management.
Sec. 404. General management plan.
Sec. 405. Boundary survey.
SEC. 2. DEFINITION OF STATE.
In this Act, the term ``State'' means the State of Colorado.
TITLE I--CONTINENTAL DIVIDE
SEC. 101. 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 102(a).
(2) Historic landscape.--The term ``Historic Landscape''
means the Camp Hale National Historic Landscape designated by
section 107(a).
(3) Recreation management area.--The term ``Recreation
Management Area'' means the Tenmile Recreation Management Area
designated by section 104(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 105(a); and
(B) the Williams Fork Mountains Wildlife Conservation
Area designated by section 106(a).
SEC. 102. 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. 103. 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 and
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
(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 title.
SEC. 104. 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. 105. 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 110(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 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. 106. 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 110(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. 107. 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
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 United States Army 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 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.
SEC. 108. 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 under subsection (a), shall be considered
to be the boundaries of the White River National Forest as in existence
on January 1, 1965.
SEC. 109. 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. 110. 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 103;
(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 title, 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 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.
TITLE II--SAN JUAN MOUNTAINS
SEC. 201. 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 202); 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 203(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 203(a)(2).
SEC. 202. 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 102(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. 203. 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 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 Act--
(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. 204. 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 202) 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 202)--
(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. 205. 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) 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 202) 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.
(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 202) 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).
(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 202) 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.
TITLE III--THOMPSON DIVIDE
SEC. 301. 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; 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. 302. DEFINITIONS.
In this title:
(1) Fugitive methane emissions.--The term ``fugitive methane
emissions'' means methane gas from those Federal lands in
Garfield, Gunnison, Delta, or Pitkin County in the State
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 305(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, and 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. 303. 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.
SEC. 304. 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 Act; 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. 305. 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);
(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) Colorado Department of Natural
Resources;
(iv) Colorado Public Utility Commission;
(v) Colorado Department of Health and
Environment; and
(vi) 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--
(i) subject to valid existing rights; and
(ii) subject to 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 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, 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 303, 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,
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.--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 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
Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate 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 by the Secretary on whether the pilot
program could be expanded geographically to include other
significant sources of fugitive methane emissions from coal
mines.
SEC. 306. 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.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
SEC. 401. DEFINITIONS.
In this title:
(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 402(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 402. 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 Act,
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 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, powerplant, 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 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 403;
(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) 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 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 its 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 403, if grazing was established before
the date of acquisition.
(C) Private land.--On private land acquired under
section 403 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 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) authorizes or imposes any new reserved Federal
water right; or
(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.
(9) 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--
(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. 403. 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 402(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. 404. 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. 405. 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.
Purpose of the Bill
The purpose of H.R. 823 is to provide for the designation
of certain wilderness areas, recreation management areas, and
conservation areas in the State of Colorado, and for other
purposes.
Background and Need for Legislation
Coloradans value public land as an essential part of the
Colorado way of life. Public lands make the state a desirable
place to live, work, and visit by providing a clean water
supply; access to recreational opportunities, including hiking,
backpacking, camping, mountain biking, skiing, climbing,
snowmobiling, off-highway vehicle travel, and rafting; high-
quality wildlife habitat and migration corridors that support
at-risk species and big game animals important to hunters and
anglers; and grazing land that supports Colorado's agricultural
economy.
In Colorado, outdoor recreation generates $28 billion in
annual consumer spending, 229,000 direct jobs, $9.7 billion in
wages and salaries, and $2 billion in state and local tax
revenue.\1\ H.R. 823 would support Colorado's growing
recreation economy by protecting approximately 400,000 acres of
public land in Colorado, safeguarding existing and future
outdoor recreation opportunities.
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\1\Outdoor Indus. Ass'n, Outdoor Recreation Economy State Report:
Colorado (2017), retrieved from https://outdoorindustry.org/state/
colorado/.
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H.R. 823 is the result of years of locally driven,
collaborative efforts among a diverse set of stakeholders with
a shared interest in providing long-term protections for key
public lands in Colorado. The bill unites and improves upon
earlier proposals to protect roughly 400,000 acres in
perpetuity for the benefit of the people of the United States
and for future generations. Of the roughly 400,000 acres
protected, over half of the acreage is federal mineral
withdrawals, about 73,000 acres are new wilderness areas, and
nearly 80,000 acres are designated as recreation, conservation,
and special management areas. The legislation would also
establish approximately 28,676 acres of public land as a first-
of-its-kind National Historic Landscape to honor the legacy of
the 10th Mountain Division, members of which trained at Camp
Hale and helped win World War II and many of whom went on to
create the modern outdoor industry in Colorado and across the
country. Lastly, the bill congressionally establishes the
Curecanti National Recreation Area (NRA). Although the National
Park Service has managed the area as an NRA since it was
created in 1965, it has never been designated by Congress.
The CORE Act enjoys wide support from stakeholders across
Colorado, making it one of the most broadly supported pieces of
public lands legislation in recent history. Support for
provisions of the CORE Act includes: Eagle, Garfield, Gunnison,
Ouray, Pitkin, San Juan, San Miguel, and Summit Counties; the
local municipalities of Basalt, Breckenridge, Carbondale,
Crested Butte, Dillon, Frisco, Glenwood Springs, Minturn, Mt.
Crested Butte, Ophir, Paonia, Ridgway, and Telluride; over 200
businesses across the state, including Arapahoe Basin Ski Area,
Blue Grouse Bread, Crystal River Meats, Icelantic Skis,
Justin's, The North Face, Osprey Packs, and Vail Resorts;
dozens of outdoor recreation and conservation organizations,
including Backcountry Hunters & Anglers, Theodore Roosevelt
Conservation Partnership, Conservation Colorado, International
Mountain Bicycling Association, National Parks Conservation
Association, North Thompson Cattle and Coal Basin Cattle
Associations, Outdoor Industry Association, Trout Unlimited,
Vet Voice Foundation, Wilderness Workshop, and The Wilderness
Society; and many other organizations and individuals.
Title I of H.R. 823 establishes protections for nearly
100,000 acres of wilderness, recreation, and conservation areas
in Colorado's central mountains in the White River National
Forest--the most visited national forest in the country.\2\ The
bill designates three new wilderness areas totaling
approximately 20,895 acres in the Hoosier Ridge, Williams Fork
Mountains, and Tenmile Range. The bill sponsors have worked
extensively with the Office of the Secretary of Defense to
confirm that current and future military overflight in the
region, including the Colorado Army National Guard High-
Altitude Aviation Training Site (HAATS) mission, is preserved.
The National Guard Bureau has indicated to the House Armed
Services Committee that it has no concerns with H.R. 823.
Adjacent to the Tenmile Wilderness, the bill designates the
approximately 17,122-acre Tenmile Recreation Management Area to
safeguard access to world-class outdoor recreation, such as
mountain biking, hunting, and hiking, including access to
Quandary Peak, commonly known as a ``fourteener'' because it
reaches an elevation of at least 14,000 feet. The bill adds to
three existing wilderness areas by expanding the Eagles Nest,
Ptarmigan Peak, and Holy Cross wilderness areas, roughly
totaling an additional 20,432 acres of wilderness. Provisions
are included for the appropriate management of forest fire,
insects, and diseases in the areas.
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\2\USDA Forest Serv., White River National Forest, https://
www.fs.usda.gov/whiteriver (last visited Sept. 26, 2019).
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The bill also designates two new wildlife conservation
areas, totaling approximately 11,815 acres, to protect
wildlife, scenic, roadless, watershed, and ecological
resources. The Porcupine Gulch Wildlife Conservation Area would
protect the most important high-elevation migration corridor
over Interstate 70 for elk, bear, mule deer, lynx, and other
wildlife. The Williams Fork Wildlife Conservation Area would
enhance wildlife habitat for the greater sage-grouse and other
species. The bill designates roughly 28,676 acres surrounding
Camp Hale as the first-ever National Historic Landscape. The
10th Mountain Division that trained at Camp Hale helped lead
our nation to victory in World War II, and many of its veterans
went on to create the outdoor recreation industry as we know it
today. The National Historic Landscape designation would ensure
Camp Hale's historic preservation, secure existing recreational
opportunities, and protect natural resources. The bill also
modifies the boundary of the White River National Forest to
include roughly 120 acres and adjusts the boundary of a
potential wilderness area around the Trail River Ranch in Rocky
Mountain National Park.
Title II of H.R. 823 provides permanent protections for
nearly 61,000 acres of land located in the heart of the San
Juan Mountains in Southwest Colorado. The bill expands two
existing wilderness areas, the Lizard Head Wilderness and Mt.
Sneffels Wilderness, in the Grand Mesa, Uncompahgre, and
Gunnison National Forests. The bill also designates the new
McKenna Peak Wilderness on public land managed by the Bureau of
Land Management. Of the roughly 31,725 acres designated as
wilderness, approximately 23,000 acres are wilderness
additions, including two of the state's most iconic
``fourteener'' peaks: Mount Sneffels and Wilson Peak. The bill
designates approximately 21,663 acres as the Sheep Mountain
Special Management Area between the towns of Ophir and
Silverton, which includes the popular hiking and skiing
destination of Ice Lakes Basin. The inclusion of Paradise Basin
in the Special Management Area will not only help protect the
scenic, natural, cultural, and popular recreational values of
the area, but it will also protect public safety from the
potential of avalanches inadvertently triggered by motorized
vehicles. The bill also creates the approximately 792-acre
Liberty Bell East Special Management Area near Telluride. The
Special Management Areas will conserve, protect and enhance the
existing resources, uses, and values, including the wilderness
characteristics of these areas, while permitting bicycle use in
the Ophir Valley Area and Liberty Bell Corridor. The bill also
includes the roughly 6,590-acre Naturita Canyon Mineral
Withdrawal and releases certain portions of Wilderness Study
Areas not designated by this title.
Title III of H.R. 823 resolves oil and gas conflicts in the
Thompson Divide by withdrawing approximately 200,000 acres near
Carbondale and Glenwood Springs to protect the ranching and
agricultural heritage, wildlife, scenery, and other public land
values of the Thompson Divide, while preserving existing
private property rights for leaseholders and landowners. The
bill creates a voluntary process for existing leaseholders who
would like to relinquish leases within the Thompson Divide
Withdrawal and Protection Area in exchange for credits that may
be used for any bid, royalty, or rental payments due under any
federal oil or gas lease on federal land in Colorado. The bill
includes provisions to support the continuation of natural gas
storage at the Wolf Creek Storage Field. The bill also
addresses climate change and supports the local economy by
creating a pilot program to facilitate the capture, beneficial
use, mitigation, and sequestration of fugitive methane
emissions from coal mines in Garfield, Gunnison, Delta, and
Pitkin Counties.
Title IV of H.R. 823 congressionally establishes the
approximately 50,667-acre Curecanti National Recreation Area to
be managed as a unit of the National Park System. Although the
National Park Service (NPS) has managed resources in the area
since 1965, it has never been designated by Congress, which has
limited the ability of the National Park Service to effectively
manage the area. To further facilitate management, the bill
would enable the transfer of administrative jurisdiction of
certain public lands in the area, while ensuring that the
Bureau of Reclamation maintains jurisdiction over the three
dams in the area and uphold its commitment to expand public
fishing access. Lastly, the bill allows nearby landowners to
voluntarily receive assistance from the NPS to conserve natural
resources on their property.
The proposed protections made by H.R. 823 would safeguard
and bolster Colorado's recreation economy and have significant
support, including from Colorado state and local elected
officials, businesses, local ranchers, sportsmen, veterans,
recreational users, and conservationists. The thoughtful
participation by a diverse group of stakeholders and careful
vetting of the protections and designations included in H.R.
823 would ensure permanent protections for approximately
400,000 acres of public land in Colorado providing recreational
and economic opportunities for current and future generations.
Committee Action
H.R. 823 was introduced on January 28, 2019, by
Representative Joe Neguse (D-CO). The bill was referred solely
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on National Parks, Forests, and Public
Lands and the Subcommittee on Energy and Mineral Resources. On
April 2, 2019, the Subcommittee on National Parks, Forests, and
Public Lands held a hearing on the bill. On June 26, 2019, the
Natural Resources Committee met to consider the bill. The
Subcommittees were discharged by unanimous consent.
Representative Neguse offered an amendment in the nature of a
substitute. Representative John Curtis (R-UT) offered an
amendment designated Curtis #1 to the amendment in the nature
of a substitute. The amendment was not agreed to by a roll call
vote of 14 yeas and 21 nays, as follows:
Representative Paul Gosar (R-AZ) offered an amendment
designated Gosar #2 to the amendment in the nature of a
substitute. The amendment was not agreed to by a roll call vote
of 15 yeas and 21 nays, as follows:
Representative Tom McClintock (R-CA) offered an amendment
designated McClintock #5 to the amendment in the nature of a
substitute. The amendment was not agreed to by a roll call vote
of 15 yeas and 23 nays, as follows:
Representative Doug Lamborn (R-CO) offered an amendment
designated Lamborn #4 to the amendment in the nature of a
substitute. The amendment was not agreed to by a roll call vote
of 17 yeas and 21 nays, as follows:
Representative Deb Haaland (D-NM) offered an amendment
designated Haaland #1 to the amendment in the nature of a
substitute. The amendment was agreed to by voice vote.
Representative Bruce Westerman (R-AR) offered an amendment
designated Westerman #3 to the amendment in the nature of a
substitute. The amendment was not agreed to by a roll call vote
of 16 yeas and 22 nays, as follows:
Representative Neguse's amendment in the nature of a
substitute, as amended, was adopted by voice vote. The bill, as
amended, was ordered favorably reported to the House of
Representatives by a roll call vote of 23 yeas and 15 nays, as
follows:
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 823: hearing by the Subcommittee on National
Parks, Forests, and Public Lands--on H.R. 306, H.R. 434, H.R.
823, and H.R. 1708, held on April 2, 2019.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 27, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 823, the Colorado
Outdoor Recreation and Economy Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
Bill summary: H.R. 823 would designate roughly 200,000
acres of federal land in Colorado for wilderness, recreation,
historic preservation, or conservation purposes. The bill would
withdraw those areas, along with lands in the Naturita Canyon
and Thompson Divide in Colorado, from entry under hardrock
mining laws and mineral and geothermal leasing, subject to
valid existing rights. That is, the bill would not allow new
hardrock mining claims or mineral and geothermal leases on that
land. Some of the land designated under H.R. 823 also would be
withdrawn from availability for timber production.
The bill also would authorize the appropriation of $10
million for the Forest Service to conduct historic
interpretation, preservation, and restoration activities at the
proposed Camp Hale National Historic Landscape. In addition,
H.R. 823 would direct the Bureau of Land Management (BLM) to
establish a pilot program to capture and lease out or destroy
methane emissions in the Greater Thompson Divide region.
Estimated Federal cost: The estimated budgetary effect of
H.R. 823 is shown in Table 1. The costs of the legislation fall
within budget function 300 (natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 823a
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2019-2024
----------------------------------------------------------------------------------------------------------------
Camp Hale National Historic Landscape:
Authorization.............................. 0 10 0 0 0 0 10
Estimated Outlays.......................... 0 1 1 2 3 3 10
Methane Capture Pilot Program:
Estimated Authorization.................... 0 1 1 1 1 * 4
Estimated Outlays.......................... 0 1 1 1 1 * 4
Wilderness Designations:
Estimated Authorization.................... 0 2 * * * * 3
Estimated Outlays.......................... 0 2 * * * * 3
Other Costs:
Estimated Authorization.................... 0 1 * * * * 2
Estimated Outlays.......................... 0 1 * * * * 2
Total Changes:
Estimated Authorization.................... 0 14 2 1 1 1 19
Estimated Outlays.......................... 0 5 3 3 4 4 19
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.
aCBO also estimates that enacting H.R. 823 would increase direct spending by an insignificant amount.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the start of 2020 and that the
authorized and necessary amounts will be provided. Estimated
outlays are based on historical spending patterns for similar
activities.
CBO estimates that implementing H.R. 823 would cost $19
million over the 2020-2024 period.
Camp Hale National Historic Landscape
Section 107 would establish the Camp Hale National Historic
Landscape and would authorize the appropriation of $10 million
for the Forest Service to carry out related management,
historic interpretation, preservation, and restoration
activities. For this estimate, CBO assumes the entire amount
will be appropriated in 2020 and spent over the next five years
and thus would cost $10 million over the 2020-2024 period.
Methane capture pilot program
Section 305 would direct BLM to establish a pilot program
to capture and either lease or destroy methane emissions in the
Greater Thompson Divide region. Under the bill, BLM would
develop an inventory of the emissions and a leasing plan. If
the emissions are not leased within four years, H.R. 823 would
direct BLM to cap or destroy those emissions. Using information
from BLM, CBO estimates that implementing the program would
cost $1 million in 2020 for planning activities. In addition,
we estimate that BLM would need five additional employees at an
average annual cost of $120,000 each over the initial years of
the program. In total, CBO estimates that implementing section
305 would cost $4 million over the 2020-2024 period.
Wilderness designations
Sections 102, 103, and 202 would designate new wilderness
areas in Colorado and expand existing ones. Using information
from the Forest Service and BLM, CBO estimates that the
agencies would incur costs of roughly $2 million in 2020 to
amend management plans, complete boundary surveys, and install
new signage. Thereafter, we estimate that the costs for
additional rangers to patrol those areas would total less than
$500,000 annually. In total, CBO estimates that implementing
those sections would cost $3 million over the 2020-2024 period.
Other costs
CBO estimates that implementing other sections of H.R. 823
would cost $2 million over the 2020-2024 period.
Title IV would confirm the boundary of the Curecanti
National Recreation Area and would direct the National Park
Service (NPS) to complete a boundary survey and a management
plan for the unit. Using information from the NPS, CBO
estimates that completing those activities would cost $1
million.
H.R. 823 also would:
Designate other conservation, recreation,
and management areas;
Adjust the boundary of the White River
National Forest and Rocky Mountain National Park;
Release some parcels of land from their
status as wilderness study areas; and
Authorize BLM to issue credits to
leaseholders who choose to relinquish leases within the
Thompson Divide.
Based on the costs of similar tasks, CBO estimates that
implementing those activities would cost $1 million over the
2020-2024 period.
Pay-As-You-Go considerations: Income from mineral leasing
and timber production is classified as offsetting receipts and
recorded in the budget as a reduction in direct spending. Under
H.R. 823, the federal government would forgo receipts because
land would be withdrawn from mineral and geothermal leasing and
the commercial timber base. However, CBO estimates that any
increases in direct spending would be insignificant over the
2020-2029 period.
Increase in long-term deficits: CBO estimates that enacting
H.R. 823 would not increase on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2030.
Mandates: None.
Estimate prepared by: Federal costs: Janani Shankaran;
Mandates: Lilia Ledezma.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill is to provide for the designation of
certain wilderness areas, recreation management areas, and
conservation areas in the State of Colorado.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
This bill contains no unfunded mandates.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139 or identified in the most
recent Catalog of Federal Domestic Assistance published
pursuant to 31 U.S.C. Sec. 6104 as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
COLORADO WILDERNESS ACT OF 1993
* * * * * * *
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Addition.--The following lands in the State of Colorado
are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System:
(1) Certain lands in the Gunnison Resource Area
administered by the Bureau of Land Management which
comprise approximately 3,390 acres, as generally
depicted on a map entitled ``American Flats Additions
to the Big Blue Wilderness Proposal (American Flats)'',
dated January, 1993, and which are hereby incorporated
in and shall be deemed to be a part of the wilderness
area designated by section 102(a)(l) of Public Law 96-
560 and renamed Uncompahgre Wilderness by section 3(f)
of this Act.
(2) Certain lands in the Gunnison Resource Area
administered by the Bureau of Land Management which
comprise approximately 815 acres, as generally depicted
on a map entitled``Bill Hare Gulch and Larson Creek
Additions to the Big Blue Wilderness'', dated January,
1993, and which are hereby incorporated in and shall be
deemed to be a part of the wilderness area designated
by section 102(a)(l) of Public Law96-560 and renamed
Uncompahgre Wilderness by section 3(f) of this Act.
(3) Certain lands in the Pike and San Isabel National
Forests which comprise approximately 43,410 acres, as
generally depicted on a map entitled ``Buffalo Peaks
Wilderness Proposal'', dated January, 1993, and which
shall be known as the Buffalo Peaks Wilderness.
(4) Certain lands in the Gunnison National Forest and
in the Powderhorn Primitive Area administered by the
Bureau of Land Management which comprise approximately
60,100 acres, as generally depicted on a map entitled
``Powderhorn Wilderness Proposal'', dated January,
1993, and which shall be known as the Powderhorn
Wilderness.
(5) Certain lands in the Routt National Forest which
comprise approximately 20,750 acres, as generally
depicted on a map entitled ``Davis Peak Additions to
Mount Zirkel Wilderness Proposal'', dated January,
1993, and which are hereby incorporated in and shall be
deemed to be a part of the Mount Zirkel Wilderness
designated by Public Law 88-555, as amended by Public
Law 96-560.
(6) Certain lands in the Gunnison National Forests
which comprise approximately 33,060 acres, as generally
depicted on a map entitled ``Fossil Ridge Wilderness
Proposal'', dated January,1993, and which shall be
known as the Fossil Ridge Wilderness.
(7) Certain lands in the San Isabel National Forest
which comprise approximately 22,040 acres, as generally
depicted on a map entitled ``Greenhorn Mountain
Wilderness Proposal'', dated January, 1993, and which
shall be known as the Greenhorn Mountain Wilderness.
(8) Certain lands within the Pike National Forest
which comprise approximately 14,700 acres, as generally
depicted on a map entitled ``Lost Creek Wilderness
Addition Proposal'', dated January, 1993, which are
hereby incorporated in and shall be deemed to be a part
of the Lost Creek Wilderness designated Public Law 96-
560: Provided, That the Secretary is authorized to
acquire, only by donation or exchange, various mineral
reservations held by the State of Colorado within the
boundaries of the Lost Creek Wilderness additions
designated by this Act.
(9) Certain lands in the Gunnison National Forests
which comprise approximately 5,500 acres, as generally
depicted on a map entitled ``0-Be-Joyful Addition to
the Raggeds Wilderness Proposal'', dated January, 1993,
and which are hereby incorporated in and shall be
deemed to be a part of the Raggeds Wilderness
designated by Public Law 96-560.
(10) Certain lands in the Rio Grande and San Isabel
National Forests and lands in the San Luis Resource
Area administered by the Bureau of Land Management
which comprise approximately 226,455 acres, as
generally depicted on four maps entitled ``Sangre de
Cristo Wilderness Proposal (North Section)'', ``Sangre
de Cristo Wilderness Proposal (North Middle Section)'',
``Sangre de Cristo Wilderness Proposal (South Middle
Section)'', and ``Sangre de Cristo Wilderness Proposal
(South Section)'', all dated January, 1993, and which
shall be known as the Sangre de Cristo Wilderness.
(11) Certain lands in the Routt National Forest which
comprise approximately 47,140 acres, as generally
depicted on a map entitled ``Service Creek Wilderness
Proposal (Sarvis Creek Wilderness)'', dated January,
1993, and which shall be known as the Sarvis Creek
Wilderness.
(12) Certain lands in the San Juan National Forest
which comprise approximately 31,100 acres, as generally
depicted on two maps, one entitled ``South San Juan
Wilderness Expansion Proposal, Montezuma Peak'' and the
other entitled ``South San Juan Wilderness Expansion
Proposal, V-Rock Trail'', both dated January, 1993, and
which are hereby incorporated in and shall be deemed to
be a part of the South San Juan Wilderness designated
by Public law 96-560.
(13) Certain lands in the White River National Forest
which comprise approximately 8,330 acres, as generally
depicted on a map entitled ``Spruce Creek Addition to
the Hunter-Fryingpan Wilderness Proposal'', dated
January, 1993,and which are hereby incorporated in and
shall be deemed to be part of the Hunter Frying pan
Wilderness designated by Public Law 95-327: Provided,
That no right, or claim of right, to the diversion and
use of waters by the Fryinpan-Arkansas Project shall be
prejudiced, expanded, diminished, altered, or affected
by this Act, nor shall anything in this Act be
construed to expand, abate, impair, impede limit,
interfere with, or prevent the construction, operation,
use, maintenance, or repair of the project facilities
and diversion systems to their full extent.
(14) Certain lands in the Arapaho National Forest
which comprise approximately 8,095 acres, as generally
depicted on a map entitled ``Byers Peak Wilderness
Proposal'', dated January,1993, and which shall be
known as the Byers Peak Wilderness.
(15) Certain lands in the Arapaho National Forest
which comprise approximately 12,300 acres, as generally
depicted on a map entitled ``Vasquez Peak Wilderness
Proposal'', dated January, 1993, and which shall be
known as the Vasquez Peak Wilderness.
(16) Certain lands in the San Juan National Forest
which comprise approximately 28,740 acres, as generally
depicted on a man entitled ``West Needle Wilderness
Proposal and Weminuche Additions'', dated January,
1993, and which are hereby incorporated in and shall be
deemed to be a part of the Weminuche Wilderness
designated by Public Law 93-632,as amended by Public
Law 96-560.
(17) Certain lands in the Rio Grande National Forest
which comprise ap approximately 25,640 acres, as
generally depicted on a map entitled "``Wheeler
Addition to the La Garita Wilderness Proposal'', dated
January, 1993, and which shall be incorporated in and
shall be deemed to be a part of the La Garita
Wilderness designated by Public Law 96-560.
(18) Certain lands in the Arapaho National Forest
which comprise approximately 13,175 acres, as generally
depicted on a map entitled ``Farr Wilderness
Proposal'', dated January, [1993,] 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 which shall be known as the Ptarmigan Peak
Wilderness.
(19) Certain lands in the Arapaho National Forest
which comprise approximately 6,990 acres, as generally
depicted on a map entitled ``Bowen Gulch Additions to
Never Summer Wilderness Proposal'', dated January,
1993, and which are hereby incorporated in and shall be
deemed to be a part of the Never Summer Wilderness
designated by Public Law96-560.
(20) Spanish peaks wilderness.--Certain land in the
San Isabel National Forest that--
(A) comprises approximately 18,000 acres, as
generally depicted on a map entitled ``Proposed
Spanish Peaks Wilderness'', dated February 10,
1999; and
(B) shall be known as the ``Spanish Peaks
Wilderness''.
(21) Certain lands in the Arapaho/Roosevelt National
Forest which comprise approximately 14,000 acres, as
generally depicted on a map entitled ``Proposed James
Peak Wilderness'', dated September 2001, and which
shall be known as the James Peak Wilderness.
(22) Certain land within the San Juan National Forest
that comprises approximately 37,236 acres, as generally
depicted on the map entitled ``Proposed Hermosa Creek
Special Management Area and Proposed Hermosa Creek
Wilderness Area'' and dated November 12, 2014, which
shall be known as the ``Hermosa Creek Wilderness''.
(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).
(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''.
(b) Maps and Descriptions.--As soon as practicable after the
date of enactment of this Act, the appropriate Secretary shall
file a map and a boundary description of each area designated
as wilderness by this Act with the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Natural Resources of the United States House of
Representatives. Each map and description shall have the same
force and effect as if included in this Act, except that the
appropriate Secretary is authorized to correct clerical and
typographical errors in such boundary descriptions and maps.
Such maps and boundary descriptions shall be on file and
available for public inspection in the Office of the Chief of
the Forest Service, Department of Agriculture, and the Office
of the Director of the Bureau of Land Management, Department of
the Interior, as appropriate.
* * * * * * *
----------
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
(Public Law 111-11)
AN ACT To designate certain land as components of the National
Wilderness Preservation System, to authorize certain programs and
activities in the Department of the Interior and the Department of
Agriculture, and for other purposes.
* * * * * * *
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
* * * * * * *
Subtitle N--Rocky Mountain National Park Wilderness, Colorado
* * * * * * *
SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), there is designated as
wilderness and as a component of the National Wilderness
Preservation System approximately 249,339 acres of land in the
Park, as generally depicted on the map.
(b) Map and Boundary Description.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall--
(A) prepare a map and boundary description of
the Wilderness; and
(B) submit the map and boundary description
prepared under subparagraph (A) to the
Committee on Energy and Natural Resources of
the Senate and the Committee on Natural
Resources of the House of Representatives.
(2) Availability; force of law.--The map and boundary
description submitted under paragraph (1)(B) shall--
(A) be on file and available for public
inspection in appropriate offices of the
National Park Service; and
(B) have the same force and effect as if
included in this subtitle.
(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.
(c) Inclusion of Potential Wilderness.--
(1) In general.--On publication in the Federal
Register of a notice by the Secretary that all uses
inconsistent with the Wilderness Act (16 U.S.C. 1131 et
seq.) have ceased on the land identified on the map as
a ``Potential Wilderness Area'', the land shall be--
(A) included in the Wilderness; and
(B) administered in accordance with
subsection (e).
(2) Boundary description.--On inclusion in the
Wilderness of the land referred to in paragraph (1),
the Secretary shall modify the map and boundary
description submitted under subsection (b) to reflect
the inclusion of the land.
(d) Exclusion of certain land.--The following areas are
specifically excluded from the Wilderness:
(1) The Grand River Ditch (including the main canal
of the Grand River Ditch and a branch of the main canal
known as the Specimen Ditch), the right-of-way for the
Grand River Ditch, land 200 feet on each side of the
center line of the Grand River Ditch, and any
associated appurtenances, structures, buildings, camps,
and work sites in existence as of June 1, 1998.
(2) Land owned by the St. Vrain & Left Hand Water
Conservancy District, including Copeland Reservoir and
the Inlet Ditch to the Reservoir from North St. Vrain
Creek, comprising approximately 35.38 acres.
(3) Land owned by the Wincenstsen-Harms Trust,
comprising approximately 2.75 acres.
(4) Land within the area depicted on the map as the
``East Shore Trail Area''.
(e) Administration.--Subject to valid existing rights, any
land designated as wilderness under this section or added to
the Wilderness after the date of enactment of this Act under
subsection (c) shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(1) 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, or the date on which the
additional land is added to the Wilderness,
respectively; and
(2) any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the Secretary of Agriculture shall be
considered to be a reference to the Secretary.
(f) Water Rights.--
(1) Findings.--Congress finds that--
(A) the United States has existing rights to
water within the Park;
(B) the existing water rights are sufficient
for the purposes of the Wilderness; and
(C) based on the findings described in
subparagraphs (A) and (B), there is no need for
the United States to reserve or appropriate any
additional water rights to fulfill the purposes
of the Wilderness.
(2) Effect.--Nothing in this subtitle--
(A) constitutes an express or implied
reservation by the United States of water or
water rights for any purpose; or
(B) modifies or otherwise affects any
existing water rights held by the United States
for the Park.
(g) Fire, Insect, and Disease Control.--The Secretary may
take such measures in the Wilderness as are necessary to
control fire, insects, and diseases, as are provided for in
accordance with--
(1) the laws applicable to the Park; and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
* * * * * * *
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
* * * * * * *
Subtitle E--Dominguez-Escalante National Conservation Area
* * * * * * *
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.
SEC. [2408].2409 AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry
out this subtitle.* * * * * * *
DISSENTING VIEWS
H.R. 823 creates land restrictions for approximately 400,000 acres of
land in Colorado in the form of new wilderness, recreation and conservation
areas. While the stated goals of this legislation to protect and enhance
outdoor recreation in Colorado are certainly admirable, it is regrettably
clear that the proposed language does not reflect the local consensus we
believe is critical for lands bills of this magnitude.
Among the primary criticisms of this legislation is the drastic reduction
of areas open for motorized recreation use. The bill offers only 28,000
acres for motorized access versus the roughly 400,000 acres of new wilderness
and closures.\1\ Rural county commissioners have also raised economic concerns
about the areas this bill will remove from multiple-use designation.\2\
Instead of a legislative mineral lease exchange, which is supported by
the impacted county and would enable energy companies to develop federal
minerals in other areas, this bill offers a blanket mineral withdrawal in
the Thompson Divide area with zero compromise.\3\ Finally, in a State with
significant wildfire risk, this bill would further reduce acres that have
been identified as suitable for forest management by approximately 8,000 acres.\4\
____________
\1\``Action Alert: The Core Wilderness Proposal Needs Your Opposition!'' All Volunteer
501c3 Organization, Focused on Preserving Motorized, Single-Track Trail Riding.,
www.coloradotpa.org/2019/02/07/action-alert-the-core-wilderness-proposal-needs-
your-opposition/.
\2\``Garfield County Balks at Permanent Lease Withdrawal in Thompson Divide.''
PostIndependent.com, 11 Feb. 2019, www.postindependent.com/news/garfield-county-
balks-at-permanent-lease-withdrawal-in-thompson-divide/.
\3\Ibid.
\4\Letter of opposition from the lntermountain Forest Association provided
to HNR staff.
Of most concern to us, is that, contrary to the claims of Statewide consensus
made by the sponsors of this legislation, there is significant opposition to this
bill from many Colorado stakeholders.\5\ Further, this bill does not have the
support of any of the Republican members of the Colorado delegation. Congressman
Scott Tipton (CO-03) in particular has expressed significant concerns with this
legislation, which contains several provisions that deal directly with federal
lands in his Congressional district. In fact, roughly 65 percent of the lands
affected by H.R. 823 are in Congressman Tipton's district. It is further troubling
that Congressman Tipton was not even consulted on this legislation, and in fact did
not even hear about this bill until the day it was publicly announced. To add insult
to injury, regrettably, at the April 2, 2019, hearing on this bill, Congressman Tipton
was prevented from engaging the bill sponsor, who not only chaired the hearing for
a time but also was listed as a witness and testified regarding H.R. 823. This was
not only an egregious violation of House rules and comity among Members, but a very
discouraging example of continued disregard for Member engagement shown by the
Democrats concerning legislation impacting other Members' districts. Congressman
Tipton's specific concerns with the impact that this bill will have on his
constituents is appended to these views.
__________
\5\Letters of opposition provided to HNR staff: Garfield County, lntermountain
Forest Association, Colorado Off-Highway Vehicle Coalition (COHVCO), Colorado
Snowmobile Association, Trails Preservation Alliance.
This lack of engagement continued during the markup of H.R. 823 where several
amendments offered by Republicans seeking to address major flaws in the bill
were rejected on largely party line votes. Among these was an amendment offered
by Congressman Doug Lamborn that would have ensured that the important military
readiness training conducted at the High Altitude Aviation Training Site in
Colorado would not be adversely impacted by this legislation. Also offered at
the markup were amendments requiring engagement with an impacted county, the
removal of impacted lands in Congressman Tipton's district, and the removal
of wilderness designations for lands that do not meet Wilderness Act criteria.
All of these amendments were rejected by Committee Democrats, and the
legislation advanced without a single Republican vote which bodes ill for its
progress in the Senate.If the bill sponsor wants this legislation to serve as
anything more than a partisan messaging bill, some long-overdue outreach and
genuine efforts at a bi-partisan consensus by the sponsors need to take place.
Rob Bishop.
Don Young.
Paul A. Gosar.
Jody B. Hice.
Bruce Westerman.
Louie Gohmer.
Aumua Amata C. Radewagen.
Mike Johnson.
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