[Senate Report 118-231]
[From the U.S. Government Publishing Office]
Calendar No. 524
118th Congress } { Report
SENATE
2d Session } { 118-231
======================================================================
COLORADO OUTDOOR RECREATION AND ECONOMY ACT
_______
September 24, 2024.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 1634]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1634), 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, reports favorably thereon
with amendments and recommends that the bill, as amended, do
pass.
Amendments
1. On page 4, line 19, strike ``April 22, 2022'' and insert
``May 1, 2023''.
2. On page 42, lines 16 and 17, strike ```Greater Thompson
Divide Area Map' and dated May 15, 2023'' and insert ```Greater
Thompson Divide Legislative Boundary Area Map' and dated
September 19, 2023''.
Purpose
The purposes of S. 1634 are to provide for the designation
of certain wilderness areas, recreation management areas, and
wildlife conservation areas in Colorado; to withdraw certain
lands in the Thompson Divide Withdrawal and Protection Area
from mineral development; and to legislatively establish the
Curecanti National Recreation Area as a unit of the National
Park System.
Background and Need
The Colorado Outdoor Recreation and Economy (CORE) Act
would designate several wilderness, recreation management, and
wildlife conservation areas, and provide for mineral
withdrawals and methane emission management in the State of
Colorado from the San Juan Mountains to the Continental and
Thompson divides.
The areas of Southwestern Colorado covered by S. 1634 are
characterized by high mountain ranges, scenic valleys, and
rocky canyons, and provide world-class outdoor recreation
opportunities.
The CORE Act is a result of decades-long collaborative
discussions between local stakeholders, including counties,
businesses, recreation groups, sportsmen, and conservationists
to reach consensus on the various designations and withdraws
contained in the bill.
Titles I and II of the bill establish permanent protections
for approximately 108,000 acres of wilderness, conservation,
and special management area designations within the White River
National Forest and the San Juan Mountains. These areas support
numerous outdoor recreation opportunities, including hunting,
fishing, hiking, biking, skiing, and off-road vehicle use,
while also providing diverse ecosystems and wildlife habitat.
Title III of the bill permanently withdraws approximately
252,000 acres within the Thompson Divide region in central
Colorado from future oil and gas development. The Thompson
Divide includes land in the White River, Grand Mesa,
Uncompahgre and Gunnison National Forests, as well as some
lands administered by the Bureau of Land Management, in western
Colorado. The Thompson Divide is a forested, mountainous, and
biodiverse landscape that provides important recreational
opportunities, including skiing, hunting, and fishing. The
Thompson Divide also contains key migration corridors for some
threatened species, and includes some of the largest aspen tree
stands in the west.
On April 3, 2024, the Secretary of the Interior issued
Public Land Order 7939, pursuant to her authority under section
204(c) of the Federal Land Policy and Management Act (43 U.S.C.
1714(c)). The order administratively withdrew approximately
221,898 acres of lands administered by the Bureau of Land
Management and the Forest Service within the Thompson Divide
area from the public land, mining, and mineral and geothermal
leasing laws for a 20-year period. 89 Fed. Reg. 24486 (April 8,
2024).
Title IV of the bill establishes the boundary of the
Curecanti National Recreation Area (NRA) to facilitate better
management by the National Park Service. The Curecanti NRA was
established in 1965 by a Memorandum of Agreement between the
National Park Service and the Bureau of Reclamation and
stretches 40 miles along the Gunnison River and encompasses 3
reservoirs. Because the NRA was never legislatively
established, the management of the NRA is guided by cooperative
agreements between the agencies. This section formally defines
the boundaries of the Recreation Area and establishes the
administrative jurisdictions between the agencies.
Legislative History
S. 1634 was introduced by Senators Bennet and Hickenlooper
on May 17, 2023. The Subcommittee on Public Lands, Forests, and
Mining held a hearing on S. 1634 on July 12, 2023.
Companion legislation, H.R. 3437, was introduced in the
House of Representatives on May 17, 2023, by Representative
Neguse. Similar legislation, S. 173, was introduced in the
117th Congress by Senators Bennet and Hickenlooper on February
2, 2021. Companion legislation, H.R. 577, was introduced in the
117th House of Representatives on February 28, 2021, by
Representative Neguse. The text of H.R. 577 was included as
title VII of H.R. 803, the Protecting America's Wilderness and
Public Lands Act, which passed the House on February 26, 2021,
by a vote of 227-200. The Subcommittee on Public Lands,
Forests, and Mining held a hearing on S. 173 on June 16, 2021.
The Committee failed to report S. 173 on a 10-10 vote in an
open business meeting held on May 3, 2022.
Senator Bennet introduced a similar bill in the 116th
Congress, S. 241. The Subcommittee on Public Lands, Forests,
and Mining held a hearing on S. 241 on November 18, 2020. A
companion bill, H.R. 823, was introduced in the House of
Representatives on January 28, 2019, by Rep. Neguse. On October
31, 2019, the bill passed H.R. 823 on a recorded vote of 227-
182. The text of H.R. 823 was also included in Division P of
H.R. 6395, the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, which passed the House
on July 21, 2020. However, the provision was not included in
the final version enacted into law.
In the 115th Congress, Senator Bennet introduced S. 2721,
the San Juan Mountains Wilderness Act, which is included in
title II of S. 173. The Subcommittee on Public Lands, Forests,
and Mining held a hearing on S. 2721 on August 22, 2018.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on December 14, 2023, by a majority vote
of a quorum present, recommends that the Senate pass S. 1634,
if amended as described herein.
The roll call vote on reporting the measure was 11 yeas and
8 nays, as follows:
YEAS NAYS
Mr. Manchin Mr. Barrasso
Mr. Wyden Mr. Risch*
Ms. Cantwell Mr. Lee
Mr. Sanders Mr. Daines
Mr. Heinrich Mr. Hoeven*
Ms. Hirono Mr. Cassidy
Mr. King Mrs. Hyde-Smith
Ms. Cortez Masto Mr. Hawley*
Mr. Hickenlooper
Mr. Padilla
Ms. Murkowski
*Indicates vote by proxy.
Committee Amendments
During its consideration of S. 1634, the Committee adopted
two amendments that updates the date and title of two maps
referenced in the bill.
Section-by-Section Analysis
Section 1. Short title; Table of contents
Section 1 provides the short title for the bill, the
``Colorado Outdoor Recreation and Economy Act'' and a table of
contents.
Section 2. Definition of State
Section 2 defines the term ``State'' as the State of
Colorado.
TITLE I--CONTINENTAL DIVIDE
Section 101. Definitions
Section 101 defines key terms used in Title I.
Section 102. Colorado wilderness additions
Subsection (a) amends Section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77)
to designate approximately 31,255 acres in the White River
National Forest as components of the Wilderness Preservation
System. This includes additions to the Ptarmigan Peak
Wilderness Area, the Holy Cross Wilderness Area, and the Eagles
Nest Wilderness Area, and establishes the Hoosier Ridge
Wilderness Area and the Tenmile Wilderness Area, as depicted on
the referenced maps.
Subsection (b) states that any reference to the date of
enactment of the Wilderness Act (16 U.S.C. 1131 et seq.) shall
be considered a reference to the date of enactment of this Act.
Subsection (c) authorizes the Secretary of Agriculture (the
Secretary) to carry out any activity in the designated
wilderness areas determined to be necessary by the Secretary
for the control of fire, insects, and diseases, subject to such
terms and conditions the Secretary determines to be
appropriate.
Subsection (d) authorizes livestock grazing in a wilderness
area designated by this section to continue, if established
before the date of enactment of this Act. The grazing is
subject to reasonable regulations considered necessary by the
Secretary, and in accordance with section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set
forth in House Report 96-617 accompanying H.R. 5487 of the 96th
Congress.
Subsection (e) provides that for purposes of administering
the additions to the Eagle's Nest Wilderness, the Secretary is
required to coordinate activities with interested State and
local agencies in response to fires and flooding events, as the
Secretary determines to be appropriate for the protection of
watersheds.
Section 103. Williams Fork Mountains Potential Wilderness
Subsection (a) designates approximately 8,036 acres of
Federal land in the White River National Forest as the Williams
Fork Mountains Potential Wilderness, as depicted on the
referenced map.
Subsection (b) requires the Williams Fork Mountains
Potential Wilderness area to be managed in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and this section,
subject to valid existing rights.
Subsection (c) requires the Secretary to publish a
determination on whether to authorize livestock grazing or
other livestock uses on the Big Hole Allotment and the Blue
Ridge Allotment not later than 3 years after the date of
enactment of this Act. Pursuant to the determination, the
Secretary is authorized to modify or combine the vacant
allotments and, not later than one year after the date of the
determination, the Secretary is required to grant a permit or
other authorization for the livestock use, if applicable.
Subsection (d) authorizes the Secretary or an authorized
third party to use motorized or mechanized transport or
equipment to construct or rehabilitate range improvements
necessary to obtain livestock management objectives, if the
Secretary permits livestock uses on the potential wilderness
area under subsection (c). This authorization terminates 2
years after the date on which the Secretary publishes a
positive determination under subsection (c).
Subsection (e) designates the Williams Fork Mountains
Potential Wilderness area under subsection (a) as wilderness,
no earlier than 180 days after the date of enactment of this
Act, and on the earliest of the date on which the Secretary
publishes in the Federal Register a notice that the range
improvements under subsection (d) are complete; the date of the
termination of authority to issue livestock permits or
authorizations; and the effective date of the determination
made by the Secretary to not authorize livestock uses under
subsection (c). Subject to valid existing rights, the Secretary
is required to manage the Williams Fork Mountains Wilderness
area in accordance with the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77), and any reference to the
date of enactment of that Act is considered a reference to the
effective date of the designation of the wilderness area.
Section 104. Porcupine Gulch Wildlife Conservation Area
Subsection (a) designates approximately 8,287 acres of
Federal land in the White River National Forest, subject to
valid existing rights, as the Porcupine Gulch Wildlife
Conservation Area (Wildlife Conservation Area), as depicted on
the referenced map.
Subsection (b) states the purposes of the Wildlife
Conservation Area are to conserve and protect a wildlife
migration corridor, and to conserve, protect, and enhance for
future generations the wildlife, scenic, roadless, watershed,
and ecological resources of the area.
Subsection (c) directs the Secretary to manage the Wildlife
Conservation Area in a manner that supports the purposes
described in subsection (b) and in accordance with the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), this section, and any other applicable
laws.
The Secretary shall only allow uses in the area that the
Secretary determines would further the purposes described in
subsection (b), including recreational activities consistent
with those purposes. The construction of new or temporary roads
and the use of motorized vehicles and mechanized transport is
prohibited in the Wildlife Conservation Area except as needed
for administrative purposes, to carry out pre- or post-fire
watershed protection projects, emergency response, or to carry
out activities described in subsection (d) and (e). Finally,
the harvesting of commercial timber is prohibited, except
nothing prevents the Secretary from harvesting or selling a
merchantable byproduct of an activity authorized by this
subsection.
Subsection (d) authorizes the Secretary to carry out any
activity, in accordance with applicable laws, that the
Secretary determines to be necessary to manage wildland fire,
and treat hazardous fuels, insects, and diseases.
Subsection (e) clarifies that nothing in this section or in
section 110(f) precludes the Secretary from allowing the
subsurface of the Wildlife Conservation Area to be used for the
construction, realignment, operation, or maintenance of
regional transportation projects, subject to valid existing
rights and in accordance with applicable laws.
Subsection (f) applies section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058), relating to water rights and water infrastructure,
to the Wildlife Conservation Area.
Section 105. Williams Fork Mountains Wildlife Conservation Area
Subsection (a) designates approximately 3,528 acres of
Federal land in the White River National Forest, subject to
valid existing rights, as the Williams Fork Mountains Wildlife
Conservation Area (Wildlife Conservation Area), as depicted on
the referenced map.
Subsection (b) states the purpose of the Wildlife
Conservation Area is to conserve, protect, and enhance for
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the area.
Subsection (c) directs the Secretary to manage the Wildlife
Conservation Area in a manner that supports the purposes
described in subsection (b) and in accordance with the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), this section, and any other applicable
laws.
The Secretary shall only allow uses that the Secretary
determines would further the purposes described in subsection
(b). The use of motorized vehicles are limited to designated
roads and trails and the construction of new or temporary roads
are prohibited, except nothing prevents the Secretary from
authorizing the use of motorized vehicles for administrative
purposes; to carry out the activities as described in
subsection (d); or responding to emergencies. The use of
bicycles are limited to designated roads and trails. The
harvesting of commercial timber is prohibited, except nothing
prevents the Secretary from harvesting or selling merchantable
byproducts of an activity authorized by this section. Finally,
the Secretary is authorized to continue to issue and administer
grazing permits in the Wildlife Conservation Area.
Subsection (d) authorizes the Secretary to carry out any
activities, in accordance with applicable laws, that the
Secretary determines to be necessary to manage wildland fire,
treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area.
Subsection (e) applies section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058), relating to water rights and water infrastructure,
to the Wildlife Conservation Area.
Section 106. Spraddle Creek Wildlife Conservation Area
Subsection (a) designates approximately 2,674 acres of
Federal land in the White River National Forest, subject to
valid existing rights, as the Spraddle Creek Wildlife
Conservation Area (Wildlife Conservation Area), as depicted on
the referenced map.
Subsection (b) states the purpose of the Wildlife
Conservation Area is to conserve, protect, and enhance for the
benefit of future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the area.
Subsection (c) directs the Secretary to manage the Wildlife
Conservation Area in a manner that supports the purposes
described in subsection (b) and in accordance with the Forest
and Rangeland Renewable Resources Act of 1974 (16 U.S.C. 1600
et seq.), this title, and any other applicable laws.
The Secretary shall only allow uses in the Wildlife
Conservation Area that the Secretary determines would further
the purposes described in subsection (b). Except as needed for
administrative purposes or to respond to an emergency, the use
of motorized vehicles and mechanized transport is prohibited.
The construction of roads is also prohibited, except nothing
prevents the Secretary from constructing a temporary road as
necessary to carry out a vegetation management project or
responding to an emergency. Not later than 3 years after the
date on which the applicable vegetation management project is
completed, the Secretary shall decommission any temporary road
constructed for that purpose. The harvesting of commercial
timber is prohibited, except nothing prevents the Secretary
from harvesting or selling merchantable byproducts of an
activity authorized by this section.
Subsection (d) authorizes the Secretary carry out any
activities, in accordance with applicable laws, that the
Secretary determines to be necessary to manage wildland fire,
treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area.
Subsection (e) applies section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058), relating to water rights and water infrastructure,
to the Wildlife Conservation Area.
Section 107. Sandy Treat Overlook
Section 107 designates the site at the referenced
coordinates within the Camp Hale-Continental Divide National
Monument as the ``Sandy Treat Overlook.''
Section 108. White River National Forest boundary modification
Subsection (a) modifies the boundary of the White River
National Forest to include an additional 120 acres comprised of
the land referenced by the coordinates.
Subsection (b), for the purposes of allocating Land and
Water Conservation Funds, requires the modification made by
subsection (a) to be considered the boundaries of the White
River National Forest as in existence on January 1, 1965.
Section 109. Rocky Mountain National Park potential wilderness boundary
adjustment
Subsection (a) states 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 within the Rocky
Mountain National Park.
Subsection (b) amends section 1952(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070)
to modify the boundary of the Rocky Mountain National Park
potential wilderness area to exclude approximately 15.5 acres
of land as identified on the referenced map.
Section 110. Administrative provisions
Subsection (a) clarifies that nothing in this title affects
the jurisdiction or responsibility of the State of Colorado
with respect to fish and wildlife in the State.
Subsection (b) clarifies that nothing in this title or an
amendment made by this title establishes a protective perimeter
or buffer zone around a wilderness area established by the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public
Law 103-77); a wilderness or potential wilderness area
designated by section 103; or a Wildlife Conservation Area. The
subsection also clarifies that any non-wilderness activity or
use outside of an area described in this subsection that can be
seen or heard from within the boundary of those areas does not
preclude the activity or use outside of the boundary.
Subsection (c) states that nothing in this title affects
the treaty rights of an Indian Tribe, and subject to any terms
and conditions determined to be necessary by the Secretary, the
use of the land described in subsection (b) for traditional
ceremonies and as a source of traditional plants and materials
are authorized to continue.
Subsection (d) requires the Secretary to prepare maps and
legal descriptions of each area described in subsection (b) as
soon as practicable after the date of enactment of this Act,
and to file the maps with the Senate Energy and Natural
Resources and House Natural Resources Committees. Each map and
legal description shall have the same force and effect as if
included in this title, except that the Secretary may correct
any errors and make minor adjustments to the boundaries of the
Porcupine Gulch Wildlife Conservation Area and the Williams
Fork Mountains Wildlife Conservation Area in consultation with
the State, to account for potential highway or multimodal
transportation system construction, safety measures,
maintenance, realignment, or widening. Finally, each map and
legal description shall be made available for public inspection
in the appropriate offices of the Forest Service.
Subsection (e) authorizes the Secretary to acquire land or
interests in land within the boundaries of an area described in
subsection (b) by donation, purchase from a willing seller, or
exchange. Any acquisition of land or interest in land shall be
incorporated into, and administered as part of, the wilderness
or Wildlife Conservation Area, as applicable.
Subsection (f) withdraws the areas described in subsection
(b), subject to valid existing rights, from all forms of entry,
appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation under the mineral and geothermal leasing and mineral
material laws.
Subsection (g) clarifies that nothing in this title or an
amendment made by this title restricts or precludes any low-
level overflight of military aircrafts, flight testing or
evaluations, or the use or establishment of new special use
airspace, or any military flight training or transportation
over an area designated by this title, even if the flight
activity can be seen or heard from within the boundaries of the
area.
Subsection (h) states it is the sense of Congress that
military aviation training on Federal public land in the State,
including training conducted at the High-Altitude Army National
Guard Aviation Training Site, is critical to the national
security of the United States and the readiness of the Armed
Forces.
TITLE II--SAN JUAN MOUNTAINS
Section 201. Definitions
Section 201 defines key terms used in title II.
Section 202. Additions to National Wilderness Preservation System
Section 202 amends Section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) to
designate approximately 31,725 acres of National Forest System
land as components of the Wilderness Preservation System. This
includes additions to the Lizard Head Wilderness area;
additions to the Mount Sneffels Wilderness area; and the
establishment of the McKenna Peak Wilderness area; as depicted
on the referenced maps.
Section 203. Special Management Areas
Subsection (a) designates approximately 21,663 acres of
National Forest System land in Colorado as the Sheep Mountain
Special Management Area, and approximately 792 acres as the
Liberty Bell East Special Management Area, as depicted on the
referenced maps.
Subsection (b) states the purposes of the Special
Management Areas are to conserve and protect for future
generations the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic
resources of the areas.
Subsection (c) requires the Secretary of Agriculture
(Secretary) to manage the Special Management Areas in a manner
that supports the purposes described in subsection (b),
maintains or improves the wilderness character of the Special
Management Areas, and in accordance with the National Forest
Management Act of 1976 (16 U.S.C. 1600 et seq.), this title,
and any other applicable laws.
The construction of permanent roads are within the special
management areas is prohibited. The use of motor vehicles,
motorized equipment, mechanical transport, or the establishment
of temporary roads is also prohibited, except as necessary to
meet the minimum requirements for the administration of the
land, to provide access for abandoned mine cleanup, and to
protect public safety.
The Secretary may authorize activities within the Special
Management Areas that have been permitted or licensed as of the
date of enactment of this Act, subject to terms and conditions
the Secretary may require, and the designation of the Special
Management Areas shall not affect those permitted activities
after the date of enactment of this Act. The Secretary is
authorized to permit the use of bicycles in the Ophir Valley
Area of the Sheep Mountain Special Management Area, and the
Liberty Bell Corridor of the Liberty Bell East Special
Management, as identified on the referenced maps.
Subsection (d) requires water and water rights in the
Special Management Areas to be administered in accordance with
section 8 of the Colorado Wilderness Act of 1993 (Public Law
103-77; 107 Stat. 762), and certain lands designated by that
section will be considered a reference to the Special
Management Areas and this Act.
Subsection (e) requires the Secretary, in consultation with
interested parties, to complete a study within 2 years after
the date of enactment of this Act to ensure safe access for
Nordic skiing in the Sheep Mountain Special Management Area,
consistent with the purposes described in subsection (b). The
Secretary, in consultation with San Miguel County in Colorado,
the State Department of Transportation, and other stakeholders,
must identify reasonable actions that could be taken to
facilitate parking areas along Highway 145 for safe access for
Nordic skiing.
Section 204. Release of wilderness study areas
Subsection (a) amends subtitle E of title II of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11) to
release from wilderness study designation the portions of the
Dominguez Canyon Wilderness Study Area not designated as
wilderness by that Act, and clarifying that the released area
is no longer subject to section 603(c) of the Federal Land
Policy Management Act of 1976 (43 U.S.C. 1782(c)) and shall be
managed in accordance with applicable laws.
Subsection (b) releases from wilderness study designation
the portions of the McKenna Peak Wilderness Study Area not
designated as wilderness by section 2(a)(29) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77), and clarifying that the released area is no longer subject
to section 603(c) of the Federal Land Policy Management Act of
1976 (43 U.S.C. 1782(c)) and shall be managed in accordance
with applicable laws.
Section 205. Administrative provisions
Subsection (a) clarifies that nothing in this title affects
the jurisdiction or responsibility of the State of Colorado
with respect to fish and wildlife.
Subsection (b) clarifies that nothing in this title
establishes a protective perimeter or buffer zone around a
wilderness area or Special Management Area designated under
this title. It also clarifies that any non-wilderness activity
or use on land outside of the boundaries of the designations
made by this title that can be seen or heard from within the
boundaries does not preclude the activity or use.
Subsection (c) clarifies that nothing in this title affects
the treaty rights of any Indian Tribe, including the rights
under the Agreement of September 13, 1873 (18 Stat. 36, chapter
136). Subject to any terms and conditions determined to be
necessary by the Secretary, the continued use of the land by
Tribal members is permitted for traditional ceremonies and as a
source of traditional plants and other materials.
Subsection (d) requires the Secretary of Agriculture or the
Secretary of the Interior, as applicable, to file maps and
legal descriptions of each wilderness area and Special
Management Area designated by this title with the appropriate
Congressional committees of jurisdiction as soon as practicable
after the date of enactment of this Act. The maps and legal
descriptions shall have the same force and effect as if
included in this title, except the Secretaries may correct
errors as appropriate, and shall be available for public
inspection in the appropriate offices of the Bureau of Land
Management and the Forest Service.
Subsection (e) authorizes the Secretary of Agriculture or
the Secretary of the Interior, as applicable, to acquire any
land or interests in land within the boundaries of the Special
Management Areas or wilderness areas designated under this
title by donation, purchase from a willing seller, or exchange.
Any land acquired shall be incorporated into and managed as
part of the wilderness or Special Management Area in which it
is located.
Subsection (f) authorizes the grazing of livestock in the
wilderness or Special Management Area designated by this title
to continue, if established before the date of enactment of
this Act, and subject to regulations considered necessary by
the Secretary with jurisdiction over the land, in accordance
with the section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), and the applicable guidelines set forth in
Appendix A of House Report 101-405 of the 101st Congress or
House Report 96-617 of the 96th Congress.
Subsection (g) authorizes the applicable Secretary to carry
out any activity determined to be necessary to control fire,
insects, and diseases, and subject to terms and conditions
determined to be appropriate by the Secretary, in accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)).
Subsection (h) withdraws the wilderness areas and the
Special Management Areas designated by this title, and
approximately 6,590 acres of the Naturita Canyon Mineral
Withdrawal Area, from all forms of entry, appropriation, and
disposal under the public land laws; location, entry, and
patent under the mining laws; and operation of mineral and
geothermal leasing and mineral material laws, subject to valid
existing rights.
TITLE III--THOMPSON DIVIDE
Section 301. Purposes
Section 301 states the purposes of the title, which are to
withdraw certain Federal land in the Thompson Divide from the
mineral laws to protect the agricultural, ranching, wildlife,
air quality, recreation, ecological, and scenic values of the
area, and to promote the capture of fugitive methane emissions.
Section 302. Definitions
Section 302 defines key terms used in title III.
Section 303. Thompson Divide withdrawal and protection area
Subsection (a) withdraws the Thompson Divide, as depicted
on the map referenced in the definitions, from entry,
appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral and geothermal leasing and mineral
material laws, subject to valid existing rights.
Subsection (b) states that the exact acreage and legal
description of the Thompson Divide withdrawal shall be
determined by surveys approved by the Secretary of the Interior
(the Secretary), in consultation with the Secretary of
Agriculture.
Subsection (c) states that nothing in this title affects
the administration of grazing in the Thompson Divide withdrawal
area.
Section 304. Thompson Divide lease credits
Subsection (a) authorizes the Secretary to issue to a
leaseholder, in exchange for the relinquishment of leases in
the Thompson Divide, credits for any bid, royalty, or rental
payment due under any Federal oil and gas lease in accordance
with section 304(b) of this title.
Subsection (b) requires the amount of credits issued to a
leaseholder be equal to the sum of the amount of bonus bids
paid for the applicable lease; the amount of any rental paid
for the lease as of the date of the notice submitted to the
Secretary to relinquish the lease; and the amount of any
reasonable expenses incurred by the leaseholder in preparing
any drilling permit, sundry notice, or other related submission
in support of the development of the lease as of January 28,
2019, including any expenses incurred in the preparation of
analysis under the National Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321 et seq.). Any credits issued must be
approved by the Secretary. The subsection requires the credit
amount to not include any expenses paid by the leaseholder for
legal fees or related expenses for the lease, or any expenses
incurred before the issuance of the lease.
Subsection (c) permanently cancels and prohibits the
reissuing of a lease relinquished under this section.
Subsection (d) requires each exchange to be conducted in
accordance with this title and any other applicable laws. The
Secretary is required to accept the credits issued in the same
manner as cash for the payments described in subsection (a).
The use of the credits issued are subject to the laws
applicable to the payments described in subsection (a), to the
extent they are consistent with this section. Finally, all
amounts in the form of credits issued under subsection (a)
accepted by the Secretary are considered to be amounts received
for the purposes of section 35 of the Mineral Leasing Act (30
U.S.C. 191) and section 20 of the Geothermal Steam Act of 1970
(30 U.S.C. 1019).
Subsection (e) requires that as a condition to the
relinquishment of a lease, any leaseholder with development
rights to the Wolf Creek Storage Field permanently relinquish,
transfer, and otherwise convey to the Secretary all
developments rights, in a form acceptable to the Secretary. The
Secretary is authorized to issue to a leaseholder with
relinquished development rights credits for any reasonable
expenses incurred in acquiring the development right, or in the
preparation of any drilling permit, sundry notice, or other
related submission in support of the development right as of
January 28, 2019, including any reasonable expenses incurred in
the preparation of any analysis under NEPA (42 U.S.C. 4321 et
seq.). Any credits for a transfer of the development rights are
subject to the exclusions described in subsection (b) and
conditions described in subsection (d), and subject to the
approval of the Secretary. Finally, development rights acquired
by the Secretary must be held for as long as the parent leases
in the Wolf Creek Storage Field remain in effect; and cannot be
transferred, reissued, or otherwise used for mineral
extraction.
Section 305. Greater Thompson Divide Fugitive Coal Mine Methane Use
Pilot Program
Subsection (a) establishes the Greater Thompson Divide
Fugitive Coal Mine Methane Use Pilot Program in the BLM. The
purpose of the program is to promote the capture, beneficial
use, mitigation, and sequestration of fugitive methane
emissions to promote economic development, improve air quality,
and improve public safety. Not later than 180 days after
enactment of this Act, the Secretary is required to develop a
plan to complete an inventory of fugitive methane emissions in
accordance with subsection (b); provide for the leasing of
fugitive methane emissions in accordance with subsection (c);
and provide for the capping or destruction of fugitive methane
emissions in accordance with subsection (d).
In developing the plan, the Secretary must coordinate with
the State of Colorado; Garfield, Gunnison, Delta, and Pitkin
Counties, including Federal lessees in those counties;
interested higher education institutions; and interested
members of the public.
Subsection (b)(1) requires the Secretary to complete an
inventory of fugitive methane emissions not later than 2 years
after the date of enactment of this Act.
Paragraph (2) authorizes the Secretary to conduct the
inventory in collaboration with the BLM; the U.S. Geological
Survey; the Environmental Protection Agency (EPA); the Forest
Service; Colorado State departments or agencies; Garfield,
Gunnison, Delta, or Pitkin Counties, including Federal coal
lessees in those counties; the Garfield County Federal Mineral
Lease District; higher education institutions; the National
Oceanic and Atmospheric Administration; the National Center for
Atmospheric Research; or other interested entities including
the public. For Federal minerals on split estate land, the
Secretary must rely on available data, and nothing in this
section requires or authorizes the Secretary to enter or access
private land to conduct the inventory.
Paragraph (3) requires the inventory to include the general
location and geographic coordinates of vents, seeps, or other
sources which produce significant methane emissions; an
estimate of the volume and concentration of emissions from each
emission source, including details of the measurements taken
and the basis for the estimate; relevant data from the EPA, the
Mine Safety and Health Administration, the Colorado Department
of Natural Resources, the Colorado Public Utility Commission,
the Colorado Department of Health and Environment, and the
Office of Surface Mining Reclamation and Enforcement; and other
information that may be useful in advancing the purposes of the
program.
Paragraph (4) requires the Secretary to provide
opportunities for public participation in conducting the
inventory assessment, as appropriate, and the inventory must be
publicly available. Nothing in this subsection requires the
Secretary to publicly release information that poses a threat
to public safety; is confidential business information; or is
otherwise protected from public disclosure.
Paragraph (5) requires the Secretary to use readily
available methane emissions data when conducting the inventory
assessment for land with a Federal coal lease. Nothing in this
section requires the holder of the lease to report additional
data to the Secretary.
Paragraph (6) requires the Secretary to use the inventory
data under paragraph (1) in carrying out the leasing program
under subsection (c), and the capping or destruction of
fugitive methane emissions under subsection (d).
Subsection (c)(1), requires the Secretary, subject to valid
existing rights, in accordance with this section, and not later
than one year after the date of completion of the inventory
assessment under subsection (b), to carry out a program to
encourage the use and destruction of fugitive methane
emissions.
Paragraph (2) directs the Secretary to authorize the holder
of a valid existing Federal coal lease, for a mine that is
producing fugitive methane emissions, to capture for use or
destroy the emissions, subject to valid existing rights and
such terms and conditions as the Secretary may require. The
program under paragraph (1) must only capture for use or
destroy methane emissions that does not endanger the safety of
any coal mine worker or unreasonably interfere with any ongoing
operation at a coal mine.
The Secretary is required to work cooperatively with the
holders of coal leases to encourage the capture of fugitive
methane emissions for beneficial use, such as generating
electrical power, producing usable heat, transporting methane
to market, or transforming the emissions into a different
marketable material; or if the beneficial use of the emissions
is not feasible, the destruction of the emissions. Not later
than 1 year after the date of enactment of this Act, the
Secretary shall issue guidance to the public for implementation
of authorities and programs to encourage the cooperation under
this paragraph, while minimizing impacts on natural resources
or other public interest values. Finally, the Secretary shall
determine whether any emissions used or destroyed are subject
to the payment of a royalty under applicable law.
Paragraph (3) directs the Secretary to authorize the
capture for use or destruction of fugitive methane emissions
and make available for leasing the fugitive methane emissions
that the Secretary determines to be in the public interest, for
land not subject to a Federal coal lease, subject to valid
existing rights and any other applicable law, and
notwithstanding section 303.
To the extent practicable, the Secretary is required to
offer for lease, individually or in combination, each
significant source of emissions on land not subject to a
Federal coal lease. In a bid to lease fugitive methane
emissions, the prospective lessee must specify the intent to
either capture the emissions for beneficial use, such as
generating electrical power, producing usable heat,
transporting the methane to market, or transforming the
emissions into a different marketable material; destroy the
emissions; or employ a specific combination of capturing and
destroying the emissions. If there is more than 1 qualified bid
for an emissions lease, the Secretary must select the bid
determined to most significantly advance the public interest,
taking into consideration the overall decrease in the
emissions; the impacts to other natural resource values
including wildlife, water, and air; and other public interest
values including scenic, recreation, and cultural values. The
lease must include terms and conditions requiring the leased
methane emissions to be put to beneficial use or destroyed by
no later than 3 years after the date of issuance of the lease.
Finally, the Secretary must develop a minimum bid determined to
be necessary by the Secretary as well as a royalty rate for the
leases.
Subsection (d) states that, not later than 4 years after
the date of completion of the inventory under subsection (b),
if any significant fugitive methane emissions are not leased
under subsection (c)(3), and subject to the availability of
appropriations and other applicable laws, the Secretary must
take all reasonable measures to provide incentives for the
leases; 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 portion of the emissions; or destroy
the emissions if incentivizing the leases or sequestering the
emissions is not feasible, with priority for locations that
destroy the greatest quantity of emissions at the lowest cost.
Subsection (e) requires the Secretary, not later than 4
years after the date of enactment of this Act, to submit a
report to the Senate Committee on Energy and Natural Resources
and the House Committee on Natural Resources detailing the
economic and environmental impacts of the pilot program,
including increased royalties and estimates of avoided
greenhouse gas emissions and any recommendations of the
Secretary on whether the pilot program could be expanded to
include other significant sources of fugitive methane emissions
outside of the boundaries of the area depicted on the
referenced map, and the leasing of natural methane seeps under
the activities authorized under subsection (c)(3).
Section 306. Effect
Section 306 clarifies that nothing in this title expands,
diminishes, or impairs any valid existing mineral leases,
mineral interest, or other property rights within or partially
within the Thompson Divide withdrawal area, including access to
those leases, interests, rights, or land in accordance with
applicable laws. Nothing prevents the capture of methane from
any active, inactive, or abandoned coal mine covered by this
title, in accordance with applicable laws. Finally, nothing
prevents access to, or the development of, any new or existing
coal mine or lease in Delta or Gunnison County in Colorado.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
Section 401. Definitions
Section 401 defines key terms used in title IV.
Section 402. Curecanti National Recreation Area
Subsection (a) establishes the Curecanti National
Recreation Area as a unit of the National Park System,
comprising approximately 50,300 acres as depicted on the
referenced map. The establishment is 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 one year
after the date of enactment of this Act.
Subsection (b) requires the referenced map to be on file
and available for public inspection in the appropriate offices
of the National Park Service.
Subsection (c)(1) requires the Secretary of the Interior
(the Secretary) to administer the National Recreation Area in
accordance with this title and laws applicable to units of the
National Park System, including the referenced sections of
title 54, United States Code.
Paragraph (2) clarifies that nothing in this title affects
or interferes with the authority of the Secretary to operate
the Uncompahgre Valley Reclamation Project; the Wayne N.
Aspinall Unit of the Colorado River Storage Project (43 U.S.C.
620 et seq.); or authority under the Federal Water Project
Recreation Act (16 U.S.C. 4601-12 et seq.). The paragraph also
states that before the date that is one year after the date of
enactment of this Act, if the Commissioner of Reclamation
(Commissioner) submits to the Secretary a request to retain
administrative jurisdiction over the minimum quantity of land
within the referenced map as necessary for the effective
operation of Reclamation water facilities, and if approved, the
Secretary may make modifications to the map referenced to
reflect that the Bureau of Reclamation retains management
authority over the land. If modifications are made to the
referenced map pursuant to this paragraph, the administrative
jurisdiction over the land shall be transferred from the
Commissioner to the Director of the National Park Service (NPS)
by no later than the date that is one year after the date of
enactment of this Act. If applicable, the Commissioner shall
retain access to the land transferred to the Director of the
NPS for reclamation purposes, including for the operation,
maintenance, and expansion or replacement of facilities. The
access authorized must be determined by a memorandum of
understanding between the Commissioner and the Director of the
NPS no later than one year after the date of enactment of this
Act.
Paragraph (3) authorizes the Secretary to 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 NPS, the Commissioner, the
Director of the BLM, or the Chief of the Forest Service to
manage Federal land within or adjacent to the boundary of the
National Recreation Area. The Secretary is also authorized to
enter into cooperative agreements for any State land that is
within or adjacent to the National Recreation Area, in
accordance with the cooperative management authority under 54
U.S.C. 101703.
Paragraph (4) authorizes the Secretary to allow boating,
boating-related activities, hunting, and fishing in the
National Recreation Area in accordance with applicable Federal
and State laws. The Secretary may designate zones and establish
periods in which no boating, hunting, or fishing is permitted
in the National Recreation Area for the purposes of public
safety, administration, or compliance with applicable laws.
Except in the case of emergency, any closure in this paragraph
cannot take effect until after the date on which the
Superintendent consults with the appropriate State agency
responsible for hunting and fishing activities, and the Board
of County Commissioners in each county in which the zone may be
designated.
Paragraph (5) states that on the written request of an
individual that owns private land located within the
Conservation Opportunity Area located on the referenced map in
the Curecanti Special Resource Study, 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 by
acquiring all or a portion of the private land by purchase,
exchange, or donation, in accordance with section 403 of this
Act; by providing technical or cooperative assistance; through
available grant programs; and by supporting conservation
easement opportunities.
Paragraph (6) states that any land or interest in land
acquired under paragraph (5) shall become part of the National
Recreation Area and be managed in accordance with this title.
Paragraph (7) withdraws, subject to valid existing rights,
all the Federal land within the National Recreation Area,
including acquired land under this section, from all form of
entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral and geothermal leasing and mineral
material laws.
Paragraph (8) states that if State land acquired under this
title is subject to a State grazing lease as of the date of
acquisition, the Secretary must allow the grazing to continue
for the remainder of the lease term, subject to the terms and
conditions of user agreements, including permitted stocking
rates, grazing fee levels, access rights, and ownership and use
of range improvements. A lessee of State land may continue to
access the land using established routes within the National
Recreation Area to administer the lease if the use was
permitted before the date of enactment of this Act, and subject
to terms and conditions the Secretary may require.
Paragraph (9) clarifies that nothing in this title affects
any use or allocation of any water, water right, or interest in
water in existence on the date of enactment of this Act;
affects any vested absolute or decreed conditional water right;
affects any interstate water compact; shall be considered to be
a relinquishment or reduction of a water right reserved or
appropriated by the U.S.; or constitutes an express or implied
Federal reservation of any water or water rights in the
National Recreation Area.
Paragraph (10) clarifies that nothing in this title
diminishes or alters the fish and wildlife program for the
Aspinall Unit of the Colorado River Storage Project Act (70
Stat. 110, chapter 203; 43 U.S.C. 620g) by the U.S. Fish and
Wildlife Service, the Bureau of Reclamation, and the Colorado
Division of Wildlife that provides for the acquisition of
public access fishing easements. The Secretary is required to
continue to fulfill their obligations under the program to
acquire 26 miles of class 1 fishing easements to provide access
for fishing in the Upper Gunnison Basin of the Aspinall Unit,
on the condition that no existing fishing access downstream be
counted toward the minimum mileage requirement of the program.
No later than one year after the date of enactment of this Act,
the Secretary must develop a plan for fulfilling the
obligations described in this paragraph by the date that is 10
years after the date of enactment of this Act. No later than
each of 2 years, 5 years, and 8 years after the date of
enactment of this Act, the Secretary shall submit a report to
Congress describing the progress made in fulfilling the
obligations described in this paragraph.
Subsection (d) clarifies that nothing in this title affects
the treaty rights of any Indian Tribe. Subject to any terms and
conditions determined to be necessary by the Secretary, and in
accordance with applicable law, the Secretary shall continue to
authorize the use of the National Recreation Area for members
of Indian Tribes for traditional ceremonies and as a source of
traditional plants and other materials.
Section 403. Acquisition of land; boundary management
Subsection (a) authorizes the Secretary to acquire any land
or interest in land within the boundary of the National
Recreation Area by donation; purchase from willing sellers with
donated or appropriated funds; transfer from another Federal
agency; or exchange. Land or interests in land owned by the
State or a political subdivision may only be acquired by
purchase, donation, or exchange.
Subsection (b) transfers the administrative jurisdiction
over approximately 2,500 acres of land identified on the
referenced map from the Forest Service to the Secretary, to be
administered by the Director of the NPS as part of the National
Recreation Area. The boundary of the Gunnison National Forest
is adjusted to exclude the land transferred under this
subsection. The administrative jurisdiction over approximately
6,100 acres of land identified on the referenced map is
transferred from the Director of the BLM to the Director of the
NPS to be administered as part of the National Recreation Area.
Finally, the administrative jurisdiction over the land
identified on the referenced map is transferred to the Director
of the BLM upon relinquishment of that land by the Bureau of
Reclamation and revocation by the BLM of any withdrawal as may
be necessary.
Subsection (c) requires the land identified on the
referenced map to be relinquished by the Bureau of Reclamation,
revoked by the Director of the BLM, and transferred to the
National Park Service. Upon the transfer of that land, the land
may be exchanged by the Secretary for private land described in
section 402(c)(5) subject to a conservation easement remaining
on the transferred land to protect the scenic resources and in
accordance with the lands and policies governing NPS land
exchanges, and, if not exchanged, the land must be added to and
managed as part of the National Recreation Area.
Subsection (d) states that any land within the boundary of
the National Recreation Area that is acquired by the United
States shall be added to, and managed as part of, the National
Recreation Area.
Section 404. General management plan
Section 404 requires, not later than 3 years after the date
on which fund are made available to carry out this title, the
Director of the National Park Service, in consultation with the
Commissioner of Reclamation, prepare a general management plan
for the National Recreation Area, in accordance with section
100502 of title 54, United States Code.
Section 405. Boundary survey
Section 405 requires the Secretary to prepare a boundary
study and legal description for the National Recreation Area.
Cost and Budgetary Considerations
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 1634
as ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1634. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 1634, as ordered reported.
Congressionally Directed Spending
S. 1634, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Bureau of Land Management and
the Forest Service from the Subcommittee on Public Lands,
Forests, and Mining July 12, 2023, hearing on S. 1634, follows:
Statement of Thomas Heinlein, Assistant Director for National
Conservation Lands & Community Partnerships, Bureau of Land Management,
U.S. Department of the Interior
s. 1634, colorado outdoor recreation & economy act
S. 1634, the Colorado Outdoor Recreation and Economy Act,
provides direction for the future management of certain Federal
lands in southwestern Colorado. S. 1634 designates the McKenna
Peak Wilderness on lands managed by the Bureau of Land
Management (BLM) and releases the remainder of the Dominguez
Canyon Wilderness Study Area (WSA) from further wilderness
study.
In addition, the bill withdraws approximately 244,500 acres
of Federal lands near Carbondale and east of Paonia, Colorado--
including Thompson Divide--from operation of the public land,
mining, and mineral leasing, mineral materials, and geothermal
leasing laws, subject to valid existing rights, and provides
for the relinquishment of certain mineral leases within this
area. The bill further requires the BLM to inventory coal mine
methane emissions from coal mines, and creates a commercial
coal mine methane emissions capture program.
The bill also establishes a legislative boundary for the
existing Curecanti National Recreation Area managed by the
National Park Service (NPS); expands the area to encompass a
total of approximately 50,300 acres; directs the transfer of
certain lands currently managed by the BLM, USFS, and
Reclamation to the NPS for inclusion into this area; and
adjusts the potential wilderness area boundary of the NPS-
managed Rocky Mountain National Park. Finally, the bill
designates three new wildlife conservation areas comprising
approximately 14,500 acres; two new special management areas
comprising approximately 22,500 acres; and creates or expands
eight wilderness areas encompassing approximately 62,100 acres
on lands managed by the USFS.
On January 27, 2021, President Biden signed Executive Order
14008, Tackling the Climate Crisis at Home and Abroad, which
launched a government-wide effort to confront climate change
and restore balance on public lands and waters. The President's
directive recognizes the opportunities that America's lands and
waters offer and outlines a historic and ambitious challenge to
the nation to conserve at least 30 percent of our lands and
waters by 2030. S. 1634 aligns with the Administration's
conservation goals and the BLM supports the bill. The
Department of the Interior (Department) defers to the
Department of Agriculture regarding provisions in the bill
concerning the lands and interests administered by the USFS.
Analysis
Southwestern Colorado is characterized by high mountain
ranges, scenic valleys, and arid, slick rock canyon country.
Recreation, agriculture, and energy development drive the local
economy, as well as world-famous resort areas like Aspen and
Telluride. The public lands managed by the BLM and NPS in this
region serve as popular destinations for outdoor enthusiasts,
including off-highway vehicle users, hikers, mountain bikers,
rock climbers, hunters, and anglers.
McKenna Peak WSA
The McKenna Peak WSA covers nearly 20,000 acres of BLM-
managed public lands in San Miguel and Dolores Counties in
southwestern Colorado. The Department notes that this area
generally serves as habitat for a diversity of plant and animal
life, including mule deer, elk, pronghorn, mountain lions, and
bald and golden eagles. The WSA also provides important
opportunities for hunting, hiking, horseback riding,
snowshoeing, and cross-country skiing.
Thompson Divide
The Thompson Divide and North Fork Valley connect the Elk
Mountains and Grand Mesa. These rugged areas of Colorado are
near the mountain resort communities of Aspen and Glenwood
Springs. The North Fork Valley is also home to a more than
century-old coal mining area, as well as an emerging organic
farming movement centered in Paonia. This area of Colorado is
characterized by steep, forested terrain and large areas of
congressionally designated wilderness, including the Raggeds
and West Elk wildernesses. Higher elevations include big game
habitat, particularly mule deer and elk, while lower elevations
are primarily used for agriculture, including vineyards,
orchards, and ranching. Oil and gas development has occurred in
the Thompson Divide and North Fork Valley for decades. In
addition, the Thompson Divide includes the Wolf Creek Storage
Field, a natural gas storage unit managed under special use
permit by the USFS, where natural gas is stored for later use
in nearby communities.
Curecanti National Recreation Area
The NPS-managed Curecanti National Recreation Area includes
a series of three Reclamation reservoirs along the Gunnison
River. The reservoirs that make up Curecanti today are a
destination for water-based recreation high in the Rocky
Mountains. Best known for kokanee salmon and lake trout
fishing, Curecanti also offers opportunities for hiking,
boating, camping, and bird watching. BLM-managed public lands
border Curecanti at lower elevations, with National Forest
Lands in higher elevations.
title i--continental divide
Section 109 would provide for the maintenance and use of
the Trail River Ranch in Rocky Mountain National Park by
excluding approximately 15.5-acres from the Rocky Mountain
National Park Wilderness. This tract contains a historic ranch,
which is dedicated to unique environmental programs currently
run by partner groups, The Friends of Trail River Ranch and
Rocky Mountain Conservancy. By policy, areas listed as
potential wilderness are managed as wilderness until a final
determination can be made. Stakeholders believe the area can be
used as a more robust education center, accommodating year-
round programs while expanding visitor opportunities on the
west side of the Park. The necessary upgrades and improved
educational uses for the Trail River Ranch are not feasible
while the tract is being managed as wilderness. By removing the
Trail River Ranch from the potential wilderness designation,
the NPS can upgrade the facilities, and allow for year-round
educational uses supported by the partner groups, the
community, and local stakeholders. The Department supports this
adjustment.
title ii--san juan mountains
Section 202 of the bill designates approximately 8,900
acres of the existing BLM-managed McKenna Peak WSA as
wilderness. Only Congress can determine whether to designate
WSAs as wilderness or to release them for other multiple uses.
The McKenna Peak WSA has been pending final resolution by
Congress since October 1991. The Department supports permanent
protection of this area as wilderness, which is consistent with
the Administration's conservation goals. We note, however, that
section 202 covers only those areas of the WSA in San Miguel
County. The other almost 11,000 acres of the WSA in Dolores
County are not addressed in the legislation. The Department
recommends that the Sponsor and the Subcommittee consider
addressing this portion of the WSA as well.
title iii--thompson divide withdrawal/methane inventory & leasing
Section 303 of the bill withdraws approximately 244,500
acres of Federal land near Carbondale and east of Paonia,
Colorado, from operation of the public land, mining, mineral
leasing, mineral materials, and geothermal leasing laws,
subject to valid existing rights. This area is locally known as
the Thompson Divide. The surface of these lands is managed by
the USFS (approximately 187,900 acres) and the BLM
(approximately 15,200 acres), with the remainder of the surface
managed by the State of Colorado and Reclamation or in private
ownership.
Under the current BLM and USFS land use plans, some of the
lands proposed for withdrawal are currently open to oil, gas,
and coal development. The lands overlap with four existing BLM
oil and gas units. The Thompson Divide proposed withdrawal
largely avoids the historic North Fork Valley coal mine
development area, although some coal reserves would be
withdrawn.
Section 305 of the bill would require the Department to
complete, within one year of enactment, a fugitive coal mine
methane inventory. This inventory would include an assessment
of ``significant'' methane emissions from active, inactive, and
abandoned coal mines in the Lower North Fork Valley. Section
305 also requires the Department to develop a program to offer
for lease Federal methane from active, inactive, and abandoned
coal mines, subject to valid existing rights, in addition to
authorizing holders of valid existing Federal coal leases in
the area to capture for use, or destroy by flaring, fugitive
methane emissions.
Section 305 also provides for bid qualifications and a
royalty rate for leasing fugitive methane emissions. Bids must
specify whether the prospective lessee intends to capture the
emissions for beneficial use, such as generating electrical
power; destroy the emissions by flaring; or a combination of
capturing for use and destroying by flaring. If there is more
than one qualified bid for a lease, the Secretary of the
Interior is required to select the bid determined to be most
likely to significantly advance the public interest.
The Department supports the Thompson Divide withdrawal
provided in this section, as it is consistent with the
Administration's conservation goals, and notes that the BLM is
currently working with USFS on administratively withdrawing the
area from mineral development. The Department also supports the
Sponsor's goals to reduce methane waste coming from public
lands, as President Biden has made it clear reducing greenhouse
gas emissions is a top priority. The Department would like to
work with the Sponsor to aid in the implementation on a number
of modifications, including language clarifying the status of
the Wolf Creek Storage Unit and the State of Colorado's share
of all Federal revenue from the leasing process. Specifically,
it is not clear whether the State of Colorado would be
obligated to refund the revenue it has received from these
leases.
In order to meet the Sponsor's ultimate goal of reducing
methane emissions, the BLM suggests that Congress consider
amending the bill to allow for immediate implementation of the
coal mine methane leasing and sequestration program. The BLM
notes that a mine methane capture facility currently operating
at the Elk Creek Mine near Somerset, Colorado, demonstrates the
feasibility of using methane emissions from coal mines to
generate electric power. If Congress chooses to move forward
with an inventory program, the BLM suggests adding language
clarifying that the inventory be limited to methane emissions
from coal mines, since there are potentially thousands of
natural sources of methane emissions in the specified area. We
would also welcome the opportunity to work with the Sponsor to
determine which agency is best suited to implement this
inventory.
To add further clarity to the requirements posed by the
bill, the BLM recommends that the legislation clearly define
what constitutes a ``significant'' source of methane. Using a
term consistent with air quality standards currently in use by
the BLM, such as in the context of National Environmental
Policy Act analysis, could be appropriate. Regarding the
leasing program created by the bill, Congress may want to
consider limiting the applicability of the leasing provisions
to methane that is commercially viable for capture and sale.
title iv--curecanti national recreation area
Curecanti National Recreation Area (NRA) is located in
southwestern Colorado, stretching approximately 40 miles along
the Gunnison River basin in Gunnison and Montrose counties.
Curecanti is one of the few units of the National Park System
that does not have a legislated boundary. In cooperation with
Reclamation, the NPS manages Curecanti NRA under Section 8 of
the Colorado River Storage Project Act of 1956 and a 1965
Memorandum of Agreement (MOA) between Reclamation and the NPS.
Additionally, the NPS maintains cooperative agreements with the
BLM and with USFS for various program areas at Curecanti NRA.
Title IV of S. 1634 addresses the recommendations of a 2009
NPS study on management alternatives for the resources within
and surrounding Curecanti NRA in several ways. First, the bill
transfers administrative jurisdiction of lands withdrawn or
acquired by Reclamation to the NPS within one year of the
enactment of the bill, while allowing Reclamation to retain
lands and all necessary access required for reclamation
purposes. The bill also requires that a Memorandum of
Understanding governing this access be entered into between the
NPS and Reclamation within one year of enactment. Additionally,
the bill transfers administrative jurisdiction of approximately
2,500 acres of USFS land and approximately 6,100 acres of BLM
land to the NPS, and provides authority to acquire additional
land within the boundary by donation, purchase from willing
sellers, transfer from a Federal agency, or exchange. The
legislation requires that any existing grazing leases on BLM
and USFS lands will be honored after transfer to NPS.
Furthermore, hunting and fishing opportunities would be allowed
on these lands after inclusion in the recreation area.
Additionally, the bill transfers 800 acres currently managed by
Reclamation to the BLM. These Gunnison County parcels include
the 6-site Gateview campground, which lies at the north end of
recreation lands currently managed by the BLM's Gunnison Field
Office.
The 2009 study further recommended that the NPS expand
efforts to support conservation of the natural, cultural,
recreational, and scenic resources on lands within and
surrounding Curecanti NRA. These recommendations are addressed
in Section 402(c), paragraphs (3), (4), and (5), authorizing
new or modified management agreements between Federal agencies
and state agencies for management of the NRA; allowing
recreation access including boating, hunting, and fishing
within the NRA; and authorizing landowner assistance and
partnership efforts with private landowners located within 3
miles of the NRA boundary. Section 402(c), paragraphs (7), (8),
and (9) maintains existing grazing rights, existing water
rights, and existing fishing easement access and programs,
while Section 404 requires that the NPS prepare a General
Management Plan for the NRA, in consultation with the
Commissioner of Reclamation, within 3 years of funds being
provided for the purpose.
----------
Testimony of Chris French, Deputy Chief, United States Department of
Agriculture Forest Service
s. 1634, ``colorado outdoor recreation andeconomyact''
S. 1634, the ``Colorado Outdoor Recreation and Economy
Act'' (CORE Act) includes provisions that pertain to management
of the National Forests in Colorado, including designation of
new Wilderness areas, designation of wildlife conservation
areas, mineral withdrawals, boundary modifications, transfer of
jurisdiction of National Forest System (NFS) lands, and other
administrative provisions. This bill would provide wilderness
and special management protection on over 400,000 acres of land
in Colorado.
USDA supports S. 1634, the CORE Act, and defers to the DOI
for their views on the bill as it affects public lands under
their jurisdiction.
The USDA Forest Service is deeply committed to connecting
all Americans to the outdoors. Outdoor recreation attracts
people to visit, live, and work in gateway and rural
communities and supports the health, well-being, and economic
vitality of those communities. Recreation on NFS lands
contributes more than $13.7 billion to America's gross domestic
product and supports more than 161,500 full and part-time jobs,
the vast majority of which are in gateway and rural
communities. Recreation on NFS lands sustains more private
sector jobs than any other USDA Forest Service program and
provides the single largest economic stimulus for many local
communities adjacent to or within NFS lands. Outdoor recreation
opportunities and amenities are consistently ranked as one of
the primary reasons people move to rural towns and can be a
leading contributor to small town economies.
title i--continental divide
Title I of the CORE Act would designate five Wilderness
area additions, one potential Wilderness area addition, and
three Wildlife Conservation Areas, as well as the ``Sandy Treat
Overlook'' at an existing interpretive site within the newly
established Camp Hale--Continental Divide National Monument.
These areas are located on the White River National Forest, the
most visited forest in the country. The landscapes are
generally high elevation and attract millions of visitors
wanting to enjoy the views and recreate as hunters, anglers,
hikers, mountain bikers, skiers, and off-road riders. These
areas also support sensitive ecosystems and diverse wildlife.
Title I would also include a boundary adjustment to the White
River National Forest to include approximately 120 acres as
well as an adjustment to the boundary of the Potential
Wilderness within the Rocky Mountain National Park.
The proposed designations would permanently withdraw,
subject to valid existing rights, all NFS lands within these
areas on the White River National Forest from location, entry,
and patent under the mining laws, and operation under the
mineral leasing and geothermal leasing laws. USDA supports the
designations and the boundary adjustment to the White River
National Forest. USDA defers to the DOI for their views on the
bill as it affects public lands under their jurisdiction.
The Ptarmigan Peak Wilderness Additions
Section 102(a)(1) would designate 6,896 acres of the White
River National Forest, currently depicted as the ``Proposed
Ptarmigan Peak Wilderness,'' for incorporation into and
management as part of the existing Ptarmigan Peak Wilderness
designated by section 2(a)(18) of Public Law 103-77.
The Ptarmigan Peak Wilderness lies on the western flank of
the Williams Fork Mountain Range, three miles east of
Silverthorne, Colorado, on the White River National Forest. The
four proposed Wilderness additions encompass approximately
6,896 acres of NFS lands adjacent to the existing Wilderness.
These additions include Ute Pass, Acorn Creek, Straight Creek,
and Ptarmigan. The proposed designations would largely be
consistent with current management.
The Eagles Nest Wilderness Additions
Section 102(a)(2) would designate 7,634 acres of the White
River National Forest, depicted as the ``Proposed Freeman Creek
Wilderness Addition'' and the ``Proposed Spraddle Creek
Wilderness Addition,'' to be incorporated into and managed as
part of the ``Eagles Nest Wilderness'' designated by Public Law
94-352. The Act would designate two separate parcels on the
west side of the existing Wilderness area. The proposed
designation would largely be consistent with current
management.
The proposed Freeman Creek Wilderness Addition would
encompass 978 acres within the National Forest boundary. In the
Forest Plan, 289 acres of the proposed addition are recommended
for Wilderness designation. The remaining acres are currently
managed for non-motorized recreation opportunities and the four
remaining acres are private lands.
The proposed Spraddle Creek Wilderness Addition would
encompass 6,656 acres. Of those, 872 acres are recommended for
Wilderness designation under the Forest Plan. The remaining
acres are currently managed for primitive backcountry
experiences. Although this designation would remove 2,797 acres
from consideration for commercial timber harvest and active
forest management, there are no current plans for any
commercial harvesting in the area.
Spraddle Creek Wildlife Conservation Area
Section 106 would designate the ``Spraddle Creek Wildlife
Conservation Area'' (Spraddle Creek WCA) on approximately 2,674
acres of the White River National Forest to conserve, protect
and enhance wildlife, scenic, roadless, watershed, recreational
and ecological resources. Motor vehicles and mechanized
transport would be prohibited in the Spraddle Creek WCA except
for emergency response and as a minimum requirement in carrying
out vegetation management. Activities may be undertaken in the
WCA to manage wildfire and treat hazardous fuels, insects and
diseases, including the sale of merchantable material that is a
byproduct of those activities.
title ii--san juan mountains
Section 202 would designate several parcels of the Grand
Mesa, Uncompahgre, and Gunnison National Forests totaling
approximately 22,841 acres as Wilderness under the National
Wilderness Preservation System. These parcels would be
additions to the existing Lizard Head and Mount Sneffels
Wilderness areas.
Section 203 would also designate the Sheep Mountain and
Liberty Bell East areas as Special Management Areas to be
managed to maintain or improve the area's existing Wilderness
character for potential inclusion in the National Wilderness
Preservation System. Section 203(e) would require the Secretary
of Agriculture to complete a study on ensuring safe access for
Nordic skiing in the vicinity of the Sheep Mountain Special
Management Area.
Additionally, Section 205(h) would permanently withdraw
these designated lands as well as 6,590 acres of NFS lands in
Naturita Canyon on the Uncompahgre National Forest from entry,
appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation under the mineral leasing and geothermal leasing
laws.
USDA supports these designations and withdrawals and defers
to the DOI regarding the proposal in section 203 to designate
approximately 8,884 acres of Bureau of Land Management lands as
the McKenna Peak Wilderness and the release of the Dominguez
Canyon Wilderness Study Area in section 204.
title iii--thompson divide
Section 303 would withdraw approximately 200,567 acres of
NFS lands from operation of the public land, mining, mineral
leasing, mineral materials, and geothermal leasing laws,
subject to valid existing rights. The Forest currently operates
grazing permits, outfitter and guide permits, and mineral
leases in the area consistent with their respective Land
Management Plans. USDA supports these withdrawals in the CORE
Act and defers to the DOI for their views on the bill as it
affects public lands under their jurisdiction including
fugitive coal mine methane collection and use. Title III is
aligned with recent steps by the Biden-Harris administration to
protect the Thompson Divide area in Central Colorado through an
administrative withdrawal process which would include
approximately 200,518 acres of NFS lands. USDA would prefer
that the minor difference in affected NFS acreage between the
CORE Act and the administrative proposal be resolved in favor
the administrative withdrawal map to better achieve management
efficiencies.
title iv--curecanti national recreation area
Section 402 would establish the Curecanti National
Recreation Area (NRA), consisting of approximately 50,300 acres
in Colorado and allows DOI to enter into management agreements,
or modify existing agreements, relating to the authorities of
several DOI bureaus and USDA Forest Service to manage federal
land within the National Recreation Area. Section 403 would
transfer administrative jurisdiction of approximately 2,500
acres of the Gunnison National Forest to the National Park
Service as part of the NRA. USDA supports the establishment of
the Curecanti NRA and the transfer of administrative
jurisdiction to the National Park Service.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1634, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
COLORADO WILDERNESS ACT OF 1993
Public Law 103-77
AN ACT To designate certain lands in the State of Colorado as
components of the National Wilderness Preservation System, and for
other purposes.
* * * * * * *
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--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)(1) 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)(1) of Public Law 96-560 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 by 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 ``O-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 Fryingpan
Wilderness designated by Public Law 95-327: Provided,
That no right, or claim of right, to the diversion and
use of waters by the Fryingpan-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 map 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 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 Law 96-560.
(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 May 1, 2023,
which shall be known as the ``Hoosier Ridge
Wilderness''.
(25) Tenmile wilderness.--Certain Federal land within
the White River National Forest that comprises
approximately 7,624 acres, as generally depicted as
``Proposed Tenmile Wilderness'' on the map entitled
``Tenmile Proposal'' and dated May 1, 2023, which shall
be known as the ``Tenmile Wilderness''.
(26) Eagles nest wilderness additions.--Certain
Federal land within the White River National Forest
that comprises approximately 7,634 acres, as generally
depicted as ``Proposed Freeman Creek Wilderness
Addition'' and ``Proposed Spraddle Creek Wilderness
Addition'' on the map entitled ``Eagles Nest Wilderness
Additions Proposal'' and dated April 26, 2022, which
shall be incorporated into, and managed as part of, the
Eagles Nest Wilderness designated by Public Law 94-352
13 (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''.
* * * * * * *
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 National Park Wilderness, Colorado
* * * * * * *
SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO.
* * * * * * *
(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.
* * * * * * *
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
* * * * * * *
Subtitle E--Dominguez-Escalante National Conservation Area
* * * * * * *
SEC. 2407. ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
advisory council, to be known as the ``Dominguez-Escalante
National Conservation Area Advisory Council''.
(b) Duties.--The Council shall advise the Secretary with
respect to the preparation and implementation of the management
plan.
(c) Applicable law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C.
App.); and
(2) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(d) Members.--The Council shall include 10 members to be
appointed by the Secretary, of whom, to the extent
practicable--
(1) 1 member shall be appointed after considering the
recommendations of the Mesa County Commission;
(2) 1 member shall be appointed after considering the
recommendations of the Montrose County Commission;
(3) 1 member shall be appointed after considering the
recommendations of the Delta County Commission;
(4) 1 member shall be appointed after considering the
recommendations of the permittees holding grazing
allotments within the Conservation Area or the
Wilderness; and
(5) 5 members shall reside in, or within reasonable
proximity to, Mesa County, Delta County, or Montrose
County, Colorado, with backgrounds that reflect--
(A) the purposes for which the Conservation
Area or Wilderness was established; and
(B) the interests of the stakeholders that
are affected by the planning and management of
the Conservation Area and Wilderness.
(e) Representation.--The Secretary shall ensure that the
membership of the Council is fairly balanced in terms of the
points of view represented and the functions to be performed by
the Council.
(f) Duration.--The Council shall terminate on the date that
is 1 year from the date on which the management plan is adopted
by the Secretary.
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.
[all]