[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 195 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 195
To designate certain lands in the State of Colorado as components of
the National Wilderness Preservation System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. Hefley (for himself, Mr. McInnis, Mr. Allard, and Mr. Schaefer)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To designate certain lands in the State of Colorado as components of
the National Wilderness Preservation System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorado Wilderness Act of 1993''.
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 Basin Resource Area
administered by the Bureau of Land Management which comprise
approximately 1,470 acres, as generally depicted on a map
entitled ``American Flats Additions to the Big Blue
Wilderness--Proposal'', dated May 1991, and which are hereby
incorporated in and shall be deemed to be a part of the Big
Blue Wilderness designated by Public Law 96-560.
(2) Certain lands in the Gunnison Resource Area
administered by the Bureau of Land Management which comprise
approximately 140 acres, as generally depicted on a map
entitled ``Larson Creek Addition to the Big Blue Wilderness--
Proposal'', dated May 1991, and which are hereby incorporated
in and shall be deemed to be a part of the Big Blue Wilderness
designated by Public Law 96-560.
(3) Certain lands in the Pike and San Isabel National
Forests which comprise approximately 40,150 acres, as generally
depicted on a map entitled ``Buffalo Peaks Wilderness--
Proposal'', dated May 1991, and which shall be known as the
Buffalo Peaks Wilderness.
(4) Certain lands in the Gunnison National Forest and in
the Bureau of Land Management Powderhorn Primitive Area which
comprise approximately 60,100 acres as generally depicted on a
map entitled ``Powderhorn Wilderness--Proposal'', dated May
1991, and which shall be known as the Powderhorn Wilderness.
(5) Certain lands in the Routt National Forest which
comprise approximately 17,300 acres, as generally depicted on a
map entitled ``Davis Peak Additions to the Mount Zirkel
Wilderness Proposal'', dated May 1991, 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.
(6) 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
May 1991, and which shall be known as the Greenhorn Mountain
Wilderness.
(7) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests which comprise approximately 32,000
acres as generally depicted on a map entitled ``Fossil Ridge
Wilderness Proposal'', dated May 1991, and which shall be known
as the Fossil Ridge Wilderness Area.
(8) Certain lands within the Pike and San Isabel National
Forests which comprise approximately 13,830 acres, as generally
depicted on a map entitled ``Lost Creek Wilderness Proposal'',
dated May 1991, 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 of Agriculture
(hereinafter in this Act referred to as 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 Grand Mesa, Uncompahgre, and
Gunnison National Forests which comprise approximately 5,000
acres, as generally depicted on a map entitled ``Oh-Be-Joyful
Addition to the Raggeds Wilderness--Proposal'', dated May 1991,
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 San Juan National Forest which
comprise approximately 56,000 acres, as generally depicted on a
map entitled ``Piedra Wilderness'', dated July 1991 and which
shall be known as the Piedra Wilderness: Provided, That no
motorized travel shall be permitted on Forest Service trail
number 535, except for snowmobile travel during periods of
adequate snow cover.
(11) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests which comprise approximately 18,000
acres, as generally depicted on a map entitled ``Roubideau
Wilderness--Proposal'', dated May 1991, and which shall be
known as the Roubideau Wilderness.
(12) Certain lands in the Rio Grande National Forest which
comprise approximately 207,330 acres, as generally depicted on
a map entitled ``Sangre de Cristo Wilderness--Proposal'', dated
May 1991, and which shall be known as the Sangre de Cristo
Wilderness.
(13) Certain lands in the Routt National Forest which
comprise approximately 44,000 acres, as generally depicted on a
map entitled ``Service Creek Wilderness Proposal'', dated May
1991, which shall be known as the Sarvis Creek Wilderness:
Provided, That the Secretary is authorized to acquire by
purchase, donation, or exchange, lands or interests therein
within the boundaries of the Sarvis Creek Wilderness only with
the consent of the owner thereof.
(14) Certain lands in the San Juan National Forest which
comprise approximately 15,920 acres as generally depicted on a
map entitled ``South San Juan Expansion Wilderness--Proposal'',
(V-Rock Trail and Montezuma Peak), dated May 1991, 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.
(15) Certain lands in the White River National Forest which
comprise approximately 8,330 acres, as generally depicted on a
map entitled ``Spruce Creek Additions to the Hunter-Fryingpan
Wilderness--Proposal'', dated May 1991, and which are hereby
incorporated in and shall be deemed to be a 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
the waters of Hunter Creek, the Fryingpan or Roaring Fork
Rivers, or any tributaries of said creeks or rivers, by the
Fryingpan-Arkansas Project, Public Law 87-590, and the
reauthorization thereof by Public Law 93-493, as modified as
proposed in the September 1959 report of the Bureau of
Reclamation entitled ``Ruedi Dam and Reservoir, Colorado,'' and
as further modified and described in the description of the
proposal contained in the final environmental statement for
said project, dated April 16, 1975, under the laws of the State
of Colorado, shall be prejudiced, expanded, diminished,
altered, or affected by this Act. Nothing in this Act shall be
construed to expand, abate, impair, impede, or interfere with
the construction, maintenance, or repair of said Fryingpan-
Arkansas Project facilities, nor the operation thereof,
pursuant to the Operating Principles, House Document 187,
Eighty-third Congress, and pursuant to the water laws of the
State of Colorado: And provided further, That nothing in this
Act shall be construed to impede, limit, or prevent the use of
the Fryingpan-Arkansas Project of its diversion systems to
their full extent.
(16) Certain lands in the Arapaho National Forest which
comprise approximately 7,630 acres, as generally depicted on a
map entitled ``St. Louis Peak Wilderness--Proposal'', dated May
1991, and which shall be known as Byers Peak Wilderness.
(17) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests and in the Bureau of Land Management
Montrose District which comprise approximately 16,740 acres, as
generally depicted on a map entitled ``Tabeguache Wilderness--
Proposal'', dated May 1991, and which shall be known as the
Tabeguache Wilderness.
(18) 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 May
1991, and which shall be known as the Vasquez Peak Wilderness.
(19) Certain lands in the San Juan National Forest which
comprise approximately 28,740 acres, as generally depicted on a
map entitled ``West Needle Wilderness and Weminuche Wilderness
Addition--Proposal'', dated May 1991, and which are hereby
incorporated in and shall be deemed to be a part of the
Weminuche Wilderness designated by Public Law 93-632.
(20) Certain lands in the Rio Grande National Forest which
comprise approximately 23,100 acres, as generally depicted on a
map entitled ``Wheeler Additions to the La Garita Wilderness--
Proposal'', dated May 1991, and which shall be incorporated
into and shall be deemed to be a part of the La Garita
Wilderness.
(21) Certain lands in the Arapaho National Forest which
comprise approximately 12,100 acres, as generally depicted on a
map entitled ``Williams Fork Wilderness--Proposal'', dated May
1991, and which shall be known as the Farr Wilderness.
(22) Certain lands in the Arapaho National Forest which
comprise approximately 6,400 acres, as generally depicted on a
map entitled ``Bowen Gulch Additions to Never Summer
Wilderness--Proposal'', dated May 1991, which are hereby
incorporated into and shall be deemed to be a part of the Never
Summer Wilderness.
(b) Maps and Description.--As soon as practicable after the date of
enactment of this Act, the appropriate Secretary shall file a map and a
legal description of each area designated as wilderness by this Act
with the Committee on Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the United States
House of Representatives. Each map and description shall have the same
force and effect as if included in this Act, except that the Secretary
is authorized to correct clerical and typographical errors in such
legal descriptions and maps. Such maps and legal descriptions shall be
on file and available for public inspection in the Office of the Chief
of the Forest Service, Department of Agriculture and the Office of the
Director of the Bureau of Land Management, Department of the Interior,
as appropriate.
SEC. 3. WATER RIGHTS.
(a) Findings.--The Congress finds that--
(1) since virtually all of the lands designated as
wilderness by this Act lie at the headwaters of streams and
rivers that arise on those lands, the designation of these
lands as wilderness poses few, if any, conflicts with existing
water users in view of the provisions of this Act, and the land
management agencies can protect these wilderness lands and
their water-related resources without asserting either implied
or express reserved water rights;
(2) these particular headwaters areas are not appropriate
for new water projects;
(3) while the Piedra Wilderness designated by section
2(a)(10) of this Act is located downstream of numerous State-
granted conditional and absolute water rights, the Forest
Service can adequately protect the water-related resources of
this wilderness area by working in coordination with the
Colorado Water Conservation Board through a contractual
agreement between the Secretary and the Board (as provided in
subsection (e) of this section) to protect and enforce instream
flow filings established pursuant to the provisions of section
37-92-102(3) of the Colorado Revised Statutes by the Colorado
Water Court for Division 7; and
(4) the water-related values of the existing Platte River
Wilderness will be adequately protected by the terms of the
equitable apportionment decree that the United States Supreme
Court has issued for allocation of the waters of the North
Platte River and its tributaries.
(b) Water Rights.--(1) Nothing in this Act or any other Act of
Congress shall constitute or be construed to constitute either an
express or implied reservation of water or water rights arising from--
(A) wilderness designation for the lands designated as
wilderness by this Act;
(B) the establishment of the Fossil Ridge National
Conservation Area pursuant to section 6 of this Act; or
(C) the establishment of the Bowen Gulch Backcountry
Recreation Area pursuant to section 7 of this Act.
(2) The United States may acquire such water rights as it deems
necessary to carry out its responsibilities on any lands designated as
wilderness by this Act pursuant to the substantive and procedural
requirements of the State of Colorado: Provided, That nothing in this
Act shall be construed to authorize the use of eminent domain to
acquire water rights for such lands.
(3) Notwithstanding any other provision of law, no officer of the
United States shall authorize or issue a permit for the development of
a new water resource facility within the wilderness areas designated by
this Act: Provided, That nothing in this Act shall affect irrigation,
pumping and transmission facilities, and water facilities in existence
within the boundaries of such wilderness areas, nor shall anything in
this Act be construed to limit operation, maintenance, repair,
modification or replacement of existing facilities as provided in
paragraph (f) of this section.
(c) Piedra Wilderness.--The Secretary shall enter into an agreement
with the Colorado Water Conservation Board to protect and enforce
instream flow filings established pursuant to the provisions of section
37-92-102(3) of the Colorado Revised Statutes by the Water Court of
Water Division 7 of the State of Colorado, and neither the United
States nor any other person shall assert any rights for water in the
Piedra River for wilderness purposes except those established pursuant
to the provisions of section 37-92-102(3) of the Colorado Revised
Statutes by the Water Court of Water Division 7 of the State of
Colorado.
(d) North Platte River.--Notwithstanding the provisions of this Act
or any prior Acts of Congress to the contrary, neither the United
States nor any other person shall assert any rights which may be
determined to have been established for waters of the North Platte
River for purposes of the Platte River Wilderness established by Public
Law 98-550, located on the Colorado-Wyoming State boundary, to the
extent such rights would limit the use or development of water within
Colorado by present and future holders of valid water rights in the
North Platte River and its tributaries, to the full extent allowed
under interstate compact or United States Supreme Court equitable
decree. Any such rights shall be junior and subordinate to use or
development of Colorado's full entitlement to interstate waters of the
North Platte River and its tributaries within Colorado allowed under
interstate compact or United States Supreme Court equitable decree.
(e) Interstate Compacts.--Nothing in this Act shall be deemed to
alter, modify, or amend any interstate compact or equitable
apportionment decree affecting the allocation of water between or among
the State of Colorado and other States nor the full use and development
of such waters, and nothing in this title shall affect or limit the use
or development by holders of valid water rights of Colorado's full
apportionment of such waters.
(f) Access.--Reasonable access shall be allowed to existing water
diversion, carriage, storage and ancillary facilities within the
wilderness areas designated by this Act, including motorized access
where necessary and customarily employed on existing routes. The
present diversion, carriage and storage capacity of existing water
facilities, and the present condition of existing access routes, may be
operated, maintained, repaired and replaced as necessary to maintain
serviceable conditions: Provided, That, unless authorized by applicable
statute: (i) the original function and impact of an existing facility
or access route on wilderness values shall not be increased as a result
of changes in operation; (ii) existing facilities and access routes
shall be maintained and repaired when necessary to prevent increased
impacts on wilderness values; and (iii) the original function and
impact of existing facilities and access routes on wilderness values
shall not be increased subsequent to maintenance, repair, or
replacement.
(g) Precedents.--Nothing in this section shall be construed as
establishing a precedent with regard to any future wilderness
designations, nor shall it constitute an interpretation of any other
Act or any wilderness designation made pursuant thereto.
SEC. 4. ADMINISTRATION OF THE WILDERNESS AREAS.
(a) In General.--(1) Subject to valid existing rights, each
wilderness area designation by this Act shall be administered by the
Secretary or the Secretary of the Interior, as appropriate, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to any wilderness areas designated by
this Act, any reference in the Wilderness Act to the effective date of
the Wilderness Act shall be deemed to be a reference to the date of
enactment of this Act.
(2) Administrative jurisdiction over those lands designated as
wilderness pursuant to paragraphs (1), (2), and (12) of section 2(a) of
this Act, and which, as of the date of enactment of this Act, are
administered by the Bureau of Land Management, is hereby transferred to
the Forest Service.
(b) Grazing.--(1) Grazing of livestock in wilderness areas
designated by this Act shall be administered in accordance with the
provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), as further interpreted by section 108 of Public Law 96-
560.
(2) Review.--The Secretary of the Interior is directed to review
all policies, practices, and regulations of the Bureau of Land
Management-administered wilderness areas in Colorado to ensure that
such policies, practices, and regulations full conform with and
implement the intent of Congress regarding grazing in such areas as
such intent is expressed in this Act.
(c) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
State of Colorado with respect to wildlife and fish in Colorado.
(d) Repeal of Wilderness Study and Further Planning Areas Status.--
(1) Public Law 96-560 is amended by striking sections 105(c) and
106(b).
(2) Section 2(e) of the Endangered American Wilderness Act of 1978
(92 Stat. 41) is amended by striking ``Subject to'' and all that
follows through ``System''.
(e) Buffer Zones.--Congress does not intend that the designation by
this Act of wilderness area areas in the State of Colorado creates or
implies the creation of protective perimeters or buffer zones around
any wilderness area. The fact that non-wilderness activities or uses
can be seen or heard from within a wilderness areas shall not, of
itself, preclude such activities or uses up to the boundary of the
wilderness area.
SEC. 5. WILDERNESS REVIEW CONCERNS.
(a) Findings.--The Congress finds that--
(1) the Department of Agriculture has adequately met the
wilderness study requirements of Public Law 96-560, Public Law
95-237, and section 12(g) of Public Law 98-141;
(2) the initial Land and Resource Management Plans and
associated environmental impact statements (hereinafter
referred to as ``land and resource management plans'') for the
National Forests in the State of Colorado have been completed
as required by section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1976;
(3) the Department of Agriculture, with substantial public
input, has reviewed the wilderness potential of these and other
areas; and
(4) the Congress has made its own examination of National
Forest System roadless areas in the State of Colorado and of
the environmental impacts associated with alternative
allocations of such areas.
(b) On the basis of such review, the Congress hereby determines and
directs that--
(1) with respect to the National Forest System lands in the
State of Colorado that were reviewed by the Department of
Agriculture in wilderness studies conducted pursuant to Public
Law 95-237, Public Law 96-560, and section 12(g) of Public Law
98-141, and the initial land and resource management plans,
such reviews shall be deemed for the purposes of the initial
land and resource management plans required for such lands by
the Forest and Rangeland Renewable Resources Planning Act of
1974, as amended by the National Forest Management Act of 1976,
to be an adequate consideration of the suitability of such
lands for inclusion in the National Wilderness Preservation
System and the Department of Agriculture shall not be required
to review the wilderness option prior to the revision of the
plans but shall review the wilderness option when the plans are
revised, which revisions will ordinarily occur on a 10-year
cycle, or at least every 15 years, unless prior to such time
the Secretary finds that conditions in a unit have
significantly changed;
(2) except as may be specifically provided in sections 6
and 7 of this Act, those areas in the State of Colorado
referred to in subparagraph (1) of this subsection which were
not designated as wilderness shall be managed for multiple use
in accordance with land and resource management plans pursuant
to section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as amended by the National Forest
Management Act of 1976: Provided, That such areas need not be
managed for the purpose of protecting their suitability for
wilderness designation prior to or during revision of the
initial land and resource management plans;
(3) in the event that revised land and resource management
plans in the State of Colorado are implemented pursuant to
section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974, as amended by the National Forest
Management Act of 1976, and other applicable laws, areas not
recommended for wilderness designation need not be managed for
the purpose of protecting their suitability for wilderness
designation prior to or during revision of such plans, and
areas recommended for wilderness designation shall be managed
for the purpose of protecting their suitability for wilderness
designation as may be required by the Forest and Rangeland
Renewable Resources Planning Act of 1974, as amended by the
National Forest Management Act of 1976, and other applicable
law; and
(4) unless expressly authorized by Congress, the Department
of Agriculture shall not conduct any further statewide roadless
area review and evaluation of National Forest System lands in
the State of Colorado for the purpose of determining their
suitability for inclusion in the National Wilderness
Preservation System.
(c) Revisions.--As used in this section, and as provided in section
6 of the Forest and Rangeland Renewable Resources Planning Act of 1974,
as amended by the National Forest Management Act of 1976, the term
``revision'' shall not include an amendment to a plan.
(d) Application of Section.--The provisions of this section shall
also apply to those National Forest System roadless lands in the State
of Colorado that are less than 5,000 acres in size.
SEC. 6. FOSSIL RIDGE NATIONAL CONSERVATION AREA.
(a) Establishment.--(1) In order to conserve, protect, and enhance
the scenic, wildlife, recreational, and other natural resource values
of the Fossil Ridge area, there is hereby established the Fossil Ridge
National Conservation Area (hereinafter referred to as the
``conservation area'').
(2) The conservation area shall consist of certain lands in the
Grand Mesa, Uncompahgre, and Gunnison National Forests, Colorado, which
comprise approximately 43,900 acres as generally depicted as ``Area A''
on a map entitled ``Fossil Ridge Wilderness Proposal'', dated May 1991.
(b) Administration.--The Secretary shall administer the
conservation area in accordance with this section and the laws and
regulations generally applicable to the National Forest System.
(c) Withdrawal.--Subject to valid existing rights, all lands within
the conservation area are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws, from location,
entry, and patent under the mining laws, and from disposition under the
mineral and geothermal leasing laws, including all amendments thereto.
(d) Timber Harvesting.--No timber harvesting shall be allowed
within the conservation area except for the minimum necessary to
protect the forest from insects and disease, and for public safety.
(e) Livestock Grazing.--The designation of the conservation area
shall not be construed to prohibit, or change the administration of,
the grazing of livestock within the conservation area.
(f) Development.--No developed campgrounds shall be constructed
within the conservation area. After the date of enactment of this Act,
no new roads or trails may be constructed within the conservation area.
(g) Off-Road Recreation.--Motorized travel shall be permitted
within the conservation area only on those designated trails and routes
existing as of July 1, 1991.
SEC. 7. BOWEN GULCH BACKCOUNTRY RECREATION AREA.
(a) Establishment.--(1) There is hereby established in the Arapaho
National Forest, Colorado, the Bowen Gulch backcountry recreation area
(hereinafter referred to as the ``backcountry recreation area'').
(2) The backcountry recreation area shall consist of certain lands
in the Arapaho National Forest, Colorado, which comprise approximately
6,800 acres as generally depicted as ``Area A'' on a map entitled
``Bowen Gulch Additions to Never Summer Wilderness Proposal'', dated
May, 1991.
(b) Administration.--The Secretary shall administer the backcountry
recreation area in accordance with this section and the laws and
regulations generally applicable to the National Forest System.
(c) Withdrawal.--Subject to valid existing rights, all lands within
the backcountry recreation area are hereby withdrawn from all forms of
entry, appropriation, or disposal under the public land laws, from
location, entry, and patent under the mining laws, and from disposition
under the mineral and geothermal leasing laws, including all amendments
thereto.
(d) Development.--No developed campgrounds shall be constructed
within the backcountry recreation area. After the date of enactment of
this Act, no new roads or trails may be constructed within the
backcountry recreation area.
(e) Timber Harvesting.--No timber harvesting shall be allowed
within the backcountry recreation area except for the minimum necessary
to protect the forest from insects and disease, and for public safety.
(f) Motorized Travel.--Motorized travel shall be permitted within
the backcountry recreation area only on those designated trails and
routes existing as of July 1, 1991 and only during periods of adequate
snow cover. At all other times, mechanized, nonmotorized travel shall
be permitted within the backcountry recreation area.
(g) Management Plan.--During the preparation of the revision of the
Land and Resource Management Plan for the Arapaho National Forest, the
Forest Service shall develop a management plan for the backcountry
recreation area, after providing for public consultation.
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