[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 241 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 241
To provide for the designation of certain wilderness areas, recreation
management areas, and conservation areas in the State of Colorado, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2019
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the designation of certain wilderness areas, recreation
management areas, and conservation areas in the State of Colorado, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Colorado Outdoor
Recreation and Economy Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definition of State.
TITLE I--CONTINENTAL DIVIDE
Sec. 101. Definitions.
Sec. 102. Colorado Wilderness additions.
Sec. 103. Williams Fork Wilderness.
Sec. 104. Tenmile Recreation Management Area.
Sec. 105. Porcupine Gulch Wildlife Conservation Area.
Sec. 106. Williams Fork Wildlife Conservation Area.
Sec. 107. Camp Hale National Historic Landscape.
Sec. 108. White River National Forest boundary modification.
Sec. 109. Rocky Mountain National Park Wilderness boundary adjustment.
Sec. 110. Arapaho National Forest boundary adjustment.
Sec. 111. Bolts Ditch access and use.
Sec. 112. Administrative provisions.
TITLE II--SAN JUAN MOUNTAINS
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Additions to National Wilderness Preservation System.
Sec. 204. Special Management Areas.
Sec. 205. Release of Wilderness Study Areas.
Sec. 206. Administrative provisions.
TITLE III--THOMPSON DIVIDE
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Thompson Divide Withdrawal and Protection Area.
Sec. 304. Thompson Divide lease exchange.
Sec. 305. Methane leasing in Lower North Fork Valley.
Sec. 306. Effect.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
Sec. 401. Definitions.
Sec. 402. Curecanti National Recreation Area.
Sec. 403. Acquisition of land; boundary management.
Sec. 404. General management plan.
Sec. 405. Boundary survey.
SEC. 2. FINDINGS.
Congress finds that--
(1) Coloradans value public land and have a long and proud
history of balanced, varied, sustainable use of public land for
agriculture, energy development, recreation, and other
purposes;
(2) public land--
(A) is an essential part of the Colorado way of
life and what makes the State a desirable place to
live, work, and visit; and
(B) provides for--
(i) a clean water supply;
(ii) access to recreational opportunities,
including hiking, backpacking, camping,
mountain biking, skiing, climbing,
snowmobiling, off-highway vehicle travel, and
rafting;
(iii) high-quality wildlife habitat and
migration corridors that support at-risk
species and big game animals important to
hunters and anglers across the United States;
and
(iv) grazing land that supports the
agricultural economy of the State;
(3) outdoor recreation on public land is a key component of
the economy of the State, supporting large and small businesses
and communities statewide;
(4) according to the Outdoor Industry Association--
(A) 71 percent of Colorado residents participate in
outdoor recreation each year; and
(B) in Colorado, outdoor recreation generates--
(i) $28,000,000,000 in consumer spending
annually;
(ii) 229,000 direct jobs;
(iii) $9,700,000,000 in wages and salaries;
and
(iv) $2,000,000,000 in State and local tax
revenue;
(5) the wilderness, conservation, and recreation areas in
this Act will--
(A) protect--
(i) 3 highly visible mountain peaks with an
elevation of at least 14,000 feet (commonly
known as ``Fourteeners''), including Mt.
Sneffels, Wilson Peak, and Quandary Peak; and
(ii) many well-known smaller peaks;
(B) preserve iconic landscapes across Colorado;
(C) conserve important wildlife habitat;
(D) safeguard important watersheds that provide
many communities a supply of clean drinking water;
(E) protect valuable, high-quality land for biking,
skiing, and other road- and trail-based recreation; and
(F) provide access to world-class hunting and
fishing opportunities;
(6) the Camp Hale National Historic Landscape designation
honors the legacy of the 10th Mountain Division, the members of
which--
(A) trained at Camp Hale;
(B) contributed to the United States victory during
World War II; and
(C) went on to help create the modern outdoor
industry in Colorado, including several iconic Colorado
ski areas;
(7) the Thompson Divide in western Colorado--
(A) supports a robust agriculture-based economy;
(B) provides outstanding recreation and hunting
opportunities to the public;
(C) serves as important spring and summer grazing
land for ranching operations; and
(D) was described by President Theodore Roosevelt
as a ``great, wild country'';
(8) the National Park Service has formally recommended that
Congress legislatively establish Curecanti as a National
Recreation Area with a new legislative boundary;
(9) Curecanti National Recreation Area--
(A) includes an abundance of natural features in a
setting of reservoirs, canyons, pinnacles, cliffs, and
mesas;
(B) includes Blue Mesa Reservoir, the largest body
of water entirely contained in Colorado and home to an
outstanding fishery;
(C) offers the public outstanding opportunities for
recreation; and
(D) is 1 of the few remaining units of the National
Park Service that has never been legislatively
established by Congress;
(10) the provisions contained in this Act are the result of
years-long, locally driven, collaborative efforts from a
diverse set of stakeholders regarding the management of public
land in Colorado; and
(11) this Act will provide long-term certainty for
management of public land in Colorado, protecting the relevant
areas in perpetuity for the benefit of the people of the United
States.
SEC. 3. DEFINITION OF STATE.
In this Act, the term ``State'' means the State of Colorado.
TITLE I--CONTINENTAL DIVIDE
SEC. 101. DEFINITIONS.
In this title:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 102(a).
(2) Historic landscape.--The term ``Historic Landscape''
means the Camp Hale National Historic Landscape designated by
section 107(a).
(3) Recreation management area.--The term ``Recreation
Management Area'' means the Tenmile Recreation Management Area
designated by section 104(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 105(a); and
(B) the Williams Fork Wildlife Conservation Area
designated by section 106(a).
SEC. 102. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act of
1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,876 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated January 23, 2018,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,902 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated January 23, 2018,
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 on the map
entitled `Tenmile Proposal' and dated January 23, 2018, which
shall be known as the `Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately 7,606
acres, as generally depicted as `Proposed Tenmile Wilderness'
on the map entitled `Tenmile Proposal' and dated January 23,
2018, which shall be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 9,419 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 January 23, 2018,
which shall be incorporated into, and managed as part of, the
Eagles Nest Wilderness designated by Public Law 94-352 (90
Stat. 870).''.
(b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this Act for purposes of
administering a covered area.
(c) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
carry out any activity in a covered area that the Secretary determines
to be necessary for the control of fire, insects, and diseases, subject
to such terms and conditions as the Secretary determines to be
appropriate.
(d) Grazing.--The grazing of livestock on a covered area, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(e) Coordination.--For purposes of administering the Federal land
designated as wilderness by paragraph (26) of section 2(a) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77) (as added by subsection (a)(2)), the Secretary shall, as determined
to be appropriate for the protection of watersheds, coordinate the
activities of the Secretary in response to fires and flooding events
with interested State and local agencies, including operations using
aircraft or mechanized equipment.
SEC. 103. WILLIAMS FORK WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River
National Forest in the State, comprising approximately 8,192 acres and
generally depicted as ``Proposed Williams Fork Wilderness'' on the map
entitled ``Williams Fork Proposal'' and dated January 23, 2018, is
designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and except as
provided in subsection (d), the potential wilderness area designated by
subsection (a) shall be managed in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with applicable laws
(including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock grazing
or other use by livestock on the vacant allotments known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that livestock
grazing or other use.
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use any motorized or
mechanized transport or equipment for purposes of constructing
or rehabilitating such range improvements as are necessary to
obtain appropriate livestock management objectives (including
habitat and watershed restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Wilderness''--
(A) effective not earlier than the date that is 180
days after the date of enactment this Act; and
(B) on the earliest of--
(i) the date on which the Secretary
publishes in the Federal Register a notice that
the construction or rehabilitation of range
improvements under subsection (d) is complete;
(ii) the date described in subsection
(d)(2); and
(iii) the effective date of a determination
of the Secretary not to authorize livestock
grazing or other use by livestock under
subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Wilderness in
accordance with--
(A) the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77); and
(B) this title.
SEC. 104. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 16,996 acres of Federal land in the White River National
Forest in the State depicted as ``Proposed Tenmile Recreation
Management Area'' on the map entitled ``Tenmile Proposal'' and dated
January 23, 2018, are designated as the ``Tenmile Recreation Management
Area''.
(b) Purposes.--The purposes of the Recreation Management Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the recreational, scenic, watershed,
habitat, and ecological resources of the Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Recreation
Management Area--
(A) in a manner that conserves, protects, and
enhances--
(i) the purposes of the Recreation
Management Area described in subsection (b);
and
(ii) recreation opportunities, including
mountain biking, hiking, fishing, horseback
riding, snowshoeing, climbing, skiing, camping,
and hunting; and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Recreation Management Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Recreation Management Area shall be limited
to the roads, vehicle classes, and periods
authorized for motorized vehicle use on the
date of enactment of this Act.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Recreation
Management Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) rerouting or closing an
existing road or trail to protect
natural resources from degradation, as
the Secretary determines to be
appropriate;
(II) authorizing the use of
motorized vehicles for administrative
purposes or roadside camping;
(III) constructing temporary roads
or permitting the use of motorized
vehicles to carry out pre- or post-fire
watershed protection projects;
(IV) authorizing the use of
motorized vehicles to carry out any
activity described in subsection (d),
(e)(1), or (f); or
(V) responding to an emergency.
(C) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Recreation
Management Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to prevent, control, or
mitigate fire, insects, or disease in the Recreation Management Area,
subject to such terms and conditions as the Secretary determines to be
appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--Nothing in
this section affects the construction, repair, reconstruction,
replacement, operation, maintenance, or renovation within the
Recreation Management Area of--
(A) water management infrastructure in existence on
the date of enactment of this Act; or
(B) any future infrastructure necessary for the
development or exercise of water rights decreed before
the date of enactment of this Act.
(2) Applicable law.--Section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058) shall apply to the Recreation Management Area.
(f) Regional Transportation Projects.--Nothing in this section
precludes the Secretary from authorizing, in accordance with applicable
laws (including regulations), the use or leasing of Federal land within
the Recreation Management Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(g) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Recreation Management Area
for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(h) Permits.--Nothing in this section alters or limits--
(1) any permit held by a ski area or other entity; or
(2) the acceptance, review, or implementation of associated
activities or facilities proposed or authorized by law or
permit outside the boundaries of the Recreation Management
Area.
SEC. 105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,176 acres of Federal land located in the White River
National Forest, as generally depicted on the map entitled ``Porcupine
Gulch Wildlife Conservation Area Proposal'' and dated January 23, 2018,
are designated as the ``Porcupine Gulch Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Recreation.--The Secretary may permit such
recreational activities in the Wildlife Conservation
Area that the Secretary determines are consistent with
the purposes described in subsection (b).
(C) Motorized vehicles and mechanized transport;
new or temporary roads.--
(i) Motorized vehicles and mechanized
transport.--Except as provided in clause (iii),
the use of motorized vehicles and mechanized
transport in the Wildlife Conservation Area
shall be prohibited.
(ii) New or temporary roads.--Except as
provided in clause (iii) and subsection (e), no
new or temporary road shall be constructed
within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads
or permitting the use of motorized
vehicles or mechanized transport to
carry out pre- or post-fire watershed
protection projects;
(III) authorizing the use of
motorized vehicles or mechanized
transport to carry out activities
described in subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to prevent, control, and
mitigate fire, insects, and diseases in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this section
precludes the Secretary from authorizing, in accordance with applicable
laws (including regulations), the use or leasing of Federal land within
the Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Wildlife Conservation Area
for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(g) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 106. WILLIAMS FORK WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,492 acres of Federal land in the White River National
Forest in the State, as generally depicted on the map entitled
``Williams Fork Proposal'' and dated January 23, 2018, are designated
as the ``Williams Fork Wildlife Conservation Area'' (referred to in
this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the Wildlife
Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Wildlife Conservation Area shall be limited
to designated roads and trails.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Wildlife
Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles for administrative
purposes;
(II) authorizing the use of
motorized vehicles to carry out
activities described in subsection (d);
or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads
and trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and
policies followed by the Secretary in issuing and
administering grazing permits or leases on land under
the jurisdiction of the Secretary shall continue to
apply with regard to the land in the Wildlife
Conservation Area, consistent with the purposes
described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to prevent, control, or
mitigate fire, insects, or disease in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this section
precludes the Secretary from authorizing, in accordance with applicable
laws (including regulations), the use or leasing of Federal land within
the Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 107. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,728 acres of Federal land in the White River National
Forest in the State depicted as ``Proposed Camp Hale National Historic
Landscape'' on the map entitled ``Camp Hale National Historic Landscape
Proposal'' and dated January 23, 2018, are designated the ``Camp Hale
National Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events,
activities, structures, and artifacts of the Historic
Landscape, including with respect to the role of the
Historic Landscape in local, national, and world
history;
(B) the historic preservation of the Historic
Landscape, consistent with--
(i) the designation of the Historic
Landscape as a national historic site; and
(ii) the other purposes of the Historic
Landscape;
(C) recreational opportunities, with an emphasis on
the activities related to the historic use of the
Historic Landscape, including skiing, snowshoeing,
snowmobiling, hiking, horseback riding, climbing, other
road- and trail-based activities, and other outdoor
activities; and
(D) the continued cleanup of unexploded ordnance
and legacy hazards at the Camp Hale Formerly Used
Defense Site and the Camp Hale historic cantonment
area; and
(2) to conserve, protect, restore, and enhance for the
benefit and enjoyment of present and future generations the
scenic, watershed, and ecological resources of the Historic
Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the Historic
Landscape in accordance with--
(A) the purposes of the Historic Landscape
described in subsection (b); and
(B) any other applicable laws (including
regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after the
date of enactment of this Act, the Secretary shall
prepare a management plan for the Historic Landscape.
(B) Contents.--The management plan prepared under
subparagraph (A) shall include plans for--
(i) improving the interpretation of
historic events, activities, structures, and
artifacts of the Historic Landscape, including
with respect to the role of the Historic
Landscape in local, national, and world
history;
(ii) conducting historic preservation
activities;
(iii) managing recreational opportunities,
including the use and stewardship of--
(I) the road and trail systems; and
(II) dispersed recreation
resources;
(iv) the conservation, protection,
restoration, or enhancement of the scenic,
watershed, and ecological resources of the
Historic Landscape, including conducting the
restoration and enhancement project under
subsection (d); and
(v) consistent with subsection (e)(2), the
removal of unexploded ordnance and other legacy
hazards.
(3) Environmental hazards.--The Secretary shall provide to
the Secretary of the Army a notification of any unexploded
ordnance (as defined in section 101(e) of title 10, United
States Code) that is discovered in the Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a restoration
and enhancement project in the Historic Landscape--
(A) to improve aquatic, riparian, and wetland
conditions in and along the Eagle River and tributaries
of the Eagle River;
(B) to maintain or improve recreation and
interpretive opportunities and facilities; and
(C) to conserve historic values in the Camp Hale
area.
(2) Coordination.--In carrying out the project described in
paragraph (1), the Secretary shall coordinate with--
(A) the Corps of Engineers;
(B) the Camp Hale-Eagle River Headwaters
Collaborative Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health and
Environment;
(E) the Colorado State Historic Preservation
Office;
(F) units of local government; and
(G) other interested organizations and members of
the public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall continue
to carry out the projects and activities of the Department of
the Army in existence on the date of enactment of this Act
relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site; or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army may
remove unexploded ordnance (as defined in section
101(e) of title 10, United States Code) from the
Historic Landscape, as the Secretary of the Army
determines to be appropriate--
(i) in any case in which the unexploded
ordnance interferes with the management of the
Historic Landscape; or
(ii) to ensure public safety.
(B) Action on receipt of notice.--On receipt from
the Secretary of a notification of unexploded ordnance
under subsection (c)(3), the Secretary of the Army may
remove the unexploded ordnance in accordance with--
(i) the program for environmental
restoration of formerly used defense sites
under section 2701 of title 10, United States
Code;
(ii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); and
(iii) any other applicable provision of law
(including regulations).
(3) Effect of subsection.--Nothing in this subsection
modifies any obligation in existence on the date of enactment
of this Act relating to the remediation or cleanup of any
unexploded ordnance or legacy environmental hazard located in
or around the Camp Hale historic cantonment area, the Camp Hale
Formerly Used Defense Site, or the Historic Landscape,
including such an obligation under--
(A) the program for environmental restoration of
formerly used defense sites under section 2701 of title
10, United States Code;
(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.); or
(C) any other applicable provision of law
(including regulations).
(f) Interagency Agreement.--The Secretary and the Secretary of the
Army shall enter into an agreement--
(1) to specify--
(A) the responsibility of the Secretary to manage
the Historic Landscape; and
(B) the responsibility of the Secretary of the Army
for the removal of unexploded ordnance and other legacy
hazards in accordance with subsection (e) and other
applicable laws; and
(2) to require the Secretary to provide to the Secretary of
the Army, by not later than 1 year after the date of enactment
of this Act and periodically thereafter, as appropriate, a
management plan for the Historic Landscape for purposes of the
removal activities described in subsection (e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any water
law, water right, or adjudication or administration relating to
any water resource;
(2) affects any water right in existence on or after the
date of enactment of this Act, or the exercise of such a water
right, including--
(A) a water right under an interstate water compact
(including full development of any apportionment made
in accordance with such a compact);
(B) a water right decreed within, above, below, or
through the Historic Landscape;
(C) a water right held by the United States;
(D) the management or operation of any reservoir,
including the storage, management, release, or
transportation of water; and
(E) the construction or operation of such
infrastructure as is determined to be necessary by an
individual or entity holding water rights to develop
and place to beneficial use those rights, subject to
applicable Federal, State, and local law (including
regulations);
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right;
(4) alters or limits--
(A) a permit held by a ski area;
(B) the implementation of activities governed by a
ski area permit; or
(C) the authority of the Secretary to modify or
expand an existing ski area permit;
(5) prevents the Secretary from closing portions of the
Historic Landscape for public safety, environmental
remediation, or other use in accordance with applicable laws;
or
(6) affects--
(A) any special use permit in effect on the date of
enactment of this Act; or
(B) the renewal of a permit described in
subparagraph (A).
(h) Funding.--
(1) In general.--There is established in the general fund
of the Treasury a special account, to be known as the ``Camp
Hale Historic Preservation and Restoration Fund''.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Camp Hale Historic Preservation and
Restoration Fund $10,000,000, to be available to the Secretary
until expended, for activities relating to historic
interpretation, preservation, and restoration carried out in
and around the Historic Landscape.
SEC. 108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National Forest is
modified to include the approximately 120 acres comprised of the SW \1/
4\, the SE \1/4\, and the NE \1/4\ of the SE \1/4\ of sec. 1, T. 2 S.,
R. 80 W., 6th Principal Meridian, in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of section
200306 of title 54, United States Code, the boundaries of the White
River National Forest, as modified under subsection (a), shall be
considered to be the boundaries of the White River National Forest as
in existence on January 1, 1965.
SEC. 109. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS BOUNDARY ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for the
ongoing maintenance and use of portions of the Trail River Ranch and
the associated property located within Rocky Mountain National Park in
Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is
amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Wilderness
is modified to exclude the potential wilderness comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment' and
dated January 16, 2018.''.
SEC. 110. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.
(a) In General.--Subject to subsection (b), the boundary of the
Arapaho National Forest in the State is adjusted to incorporate the
approximately 92.95 acres of land depicted as ``The Wedge'' on the map
entitled ``Arapaho National Forest Boundary Adjustment'' and dated
November 6, 2013, and described as lots 3, 4, 8, and 9 of sec. 13, T. 4
N., R. 76 W., 6th Principal Meridian, in Grand County in the State.
(b) Written Permission Required.--A lot referred to in subsection
(a) may be included within the adjusted boundary of the Arapaho
National Forest under subsection (a) only after the Secretary obtains
written permission from 1 or more owners of the lot to include the lot
within the adjusted boundaries.
(c) Bowen Gulch Protection Area.--The Secretary shall include all
Federal land within the boundary described in subsection (a) in the
Bowen Gulch Protection Area established by section 6(a)(1) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 539j(a)(1)).
(d) Land and Water Conservation Fund.--For purposes of section
200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of
the Arapaho National Forest, as modified by subsection (a), shall be
considered to be the boundaries of the Arapaho National Forest as in
existence on January 1, 1965.
(e) Public Motorized Use.--Nothing in this section opens privately
owned land within the boundary described in subsection (a) to public
motorized use.
SEC. 111. BOLTS DITCH ACCESS AND USE.
(a) Access Granted.--The Secretary shall permit by special use
authorization nonmotorized access and use, in accordance with section
293.6 of title 36, Code of Federal Regulations (or successor
regulations), of the Bolts Ditch headgate and the Bolts Ditch within
the Holy Cross Wilderness in the State established by section 102(a)(5)
Public Law 96-560 (16 U.S.C. 1132 note), for the purposes of the
diversion of water and use, maintenance, and repair of the ditch and
headgate by the town of Minturn in the State, a Colorado Home Rule
Municipality.
(b) Location of Facilities.--The Bolts Ditch headgate and ditch
referred to in subsection (a) are as generally depicted on the map
entitled ``Bolts Ditch headgate and Ditch Segment'' and dated November
2015.
SEC. 112. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title or an amendment made
by this title establishes a protective perimeter or buffer zone
around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 103;
(C) the Recreation Management Area;
(D) a Wildlife Conservation Area; or
(E) the Historic Landscape.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of a covered area can be seen
or heard from within the covered area shall not preclude the
activity or use outside the boundary of the covered area.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of each area described in subsection (b)(1) with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described in
subsection (b)(1) only through exchange, donation, or purchase
from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area, Recreation
Management Area, Wildlife Conservation Area, or Historic
Landscape, as applicable, in which the land or interest in land
is located.
(e) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the areas described in subsection (b)(1) are
withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(f) Military Overflights.--Nothing in this title or an amendment
made by this title restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this title or an amendment made by this title,
including military overflights that can be seen, heard, or
detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an
area described in paragraph (1); or
(B) any military flight training or transportation
over such an area.
TITLE II--SAN JUAN MOUNTAINS
SEC. 201. SHORT TITLE.
This title may be cited as the ``San Juan Mountains Wilderness
Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs
(27) through (29) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77) (as added by section 203); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area
designated by section 204(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 204(a)(2).
SEC. 203. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77) (as amended by section 102(a)(2)) is amended
by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine, Black
Face and San Bernardo Additions to the Lizard Head Wilderness'
and dated September 6, 2018, which is incorporated in, and
shall be administered as part of, the Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--
Certain Federal land in the Grand Mesa, Uncompahgre,
and Gunnison National Forests comprising approximately
7,235 acres, as generally depicted on the map entitled
`Proposed Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East Special
Management Area' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of,
the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land
in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 12,465 acres, as
generally depicted on the map entitled `Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'
and dated September 6, 2018, which is incorporated in,
and shall be administered as part of, the Mount
Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and dated
September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 204. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan
National Forests in the State comprising approximately 21,663
acres, as generally depicted on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and dated September
19, 2018, is designated as the ``Sheep Mountain Special
Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area'' and dated September
6, 2018, is designated as the ``Liberty Bell East Special
Management Area''.
(b) Purpose.--The purpose of the Special Management Areas is to
conserve and protect for the benefit and enjoyment of present and
future generations the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic resources of
the Special Management Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources
and values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves
the wilderness character of the Special Management
Areas and the suitability of the Special Management
Areas for potential inclusion in the National
Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.);
(ii) this title; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal
land, to provide access for abandoned mine cleanup, and
to protect public health and safety--
(i) the use of motor vehicles, motorized
equipment, or mechanical transport (other than
as provided in paragraph (3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for recreation
and maintenance and the competitive running event
permitted since 1992) that have been authorized by
permit or license as of the date of enactment of this
Act to continue within the Special Management Areas,
subject to such terms and conditions as the Secretary
may require.
(B) Permitting.--The designation of the Special
Management Areas by subsection (a) shall not affect the
issuance of permits relating to the activities covered
under subparagraph (A) after the date of enactment of
this Act.
(C) Bicycles.--The Secretary may permit the use of
bicycles in--
(i) the portion of the Sheep Mountain
Special Management Area identified as ``Ophir
Valley Area'' on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and
dated September 19, 2018; and
(ii) the portion of the Liberty Bell East
Special Management Area identified as ``Liberty
Bell Corridor'' on the map entitled ``Proposed
Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September
6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with section 8 of
the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762),
except that--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of this
Act, or the Bowen Gulch Protection Area or the Fossil Ridge
Recreation Management Area identified in sections 5 and 6 of
this Act'', or ``the areas described in sections 2, 5, 6, and 9
of this Act'' shall be considered to be a reference to ``the
Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to ``the San Juan
Mountains Wilderness Act''.
SEC. 205. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II
of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Dominguez Canyon Wilderness Study Area
not designated as wilderness by this subtitle have been adequately
studied for wilderness designation.
``(b) Release.--Any public land referred to in subsection (a) that
is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
``(2) shall be managed in accordance with this subtitle and
any other applicable laws.''.
(b) McKenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 203) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 203)--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with applicable
laws.
SEC. 206. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added
by section 203) and the Special Management Areas with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct any
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or the
wilderness designated under paragraphs (27) through (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 203) only
through exchange, donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special Management
Area in which the land or interest in land is located.
(e) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary with jurisdiction over the
covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of
the report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(f) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary
with jurisdiction over a wilderness area designated by paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section 203) may
carry out any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects, and
diseases, subject to such terms and conditions as the Secretary
determines to be appropriate.
(g) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the covered land and the approximately 6,590
acres generally depicted on the map entitled ``Proposed Naturita Canyon
Mineral Withdrawal Area'' and dated September 6, 2018, is withdrawn
from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
TITLE III--THOMPSON DIVIDE
SEC. 301. PURPOSES.
The purposes of this title are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and other
disposal laws; and
(2) to promote the capture of methane gas that would
otherwise be emitted into the atmosphere--
(A) to reduce greenhouse gas emissions; and
(B) to provide--
(i) new renewable electricity supplies; and
(ii) increased royalties for taxpayers.
SEC. 302. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease''
means any oil or gas lease in effect on the date of
enactment of this Act within the Thompson Divide
Withdrawal and Protection Area.
(B) Exclusions.--The term ``Thompson Divide lease''
does not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage
Field development right; or
(ii) before the date of enactment of this
Act, has expired, been cancelled, or otherwise
terminated.
(3) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map'' and
dated September 22, 2016.
(4) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals generally depicted on the
Thompson Divide map as the ``Thompson Divide Withdrawal and
Protection Area''.
(5) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage
Field development right'' means a development right for
any of the Federal mineral leases numbered COC 007496,
COC 007497, COC 007498, COC 007499, COC 007500, COC
007538, COC 008128, COC 015373, COC 0128018, COC
051645, and COC 051646, and generally depicted on the
Thompson Divide map as ``Wolf Creek Storage
Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage
Field development right'' does not include any storage
right or related activity within the area described in
subparagraph (A).
SEC. 303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the Thompson
Divide Withdrawal and Protection Area is withdrawn from all forms of--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the
Thompson Divide Withdrawal and Protection Area shall be determined by
surveys approved by the Secretary, in consultation with the Secretary
of Agriculture.
SEC. 304. THOMPSON DIVIDE LEASE EXCHANGE.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder, the
Secretary may issue to the leaseholder credits for any bid, royalty, or
rental payment due under any Federal oil or gas lease on Federal land
in the State, in accordance with subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide lease
relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for
the applicable Thompson Divide leases;
(ii) the amount of any rental paid for the
applicable Thompson Divide leases as of the
date on which the leaseholder submits to the
Secretary a notice of the decision to
relinquish the applicable Thompson Divide
leases; and
(iii) the amount of any expenses incurred
by the leaseholder of the applicable Thompson
Divide leases in the preparation of any
drilling permit, sundry notice, or other
related submission in support of the
development of the applicable Thompson Divide
leases as of January 28, 2019, including any
expenses relating to the preparation of any
analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for legal fees or
related expenses for legal work with respect to a Thompson
Divide lease.
(c) Cancellation.--Effective on relinquishment under this section,
and without any additional action by the Secretary, a Thompson Divide
lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted in
accordance with--
(A) this Act; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary shall accept
credits issued under subsection (a) in the same manner as cash
for the payments described in that subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--All amounts in the form of
credits issued under subsection (a) accepted by the Secretary
shall be considered to be amounts received for the purposes
of--
(A) section 35 of the Mineral Leasing Act (30
U.S.C. 191); and
(B) section 20 of the Geothermal Steam Act of 1970
(30 U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease, any leaseholder
with a Wolf Creek Storage Field development right shall
permanently relinquish, transfer, and otherwise convey to the
Secretary, in a form acceptable to the Secretary, all Wolf
Creek Storage Field development rights of the leaseholder.
(2) Limitation of transfer.--An interest acquired by the
Secretary under paragraph (1)--
(A) shall be held in perpetuity; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral
extraction.
SEC. 305. METHANE LEASING IN LOWER NORTH FORK VALLEY.
(a) Inventory.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall complete, or shall collaborate with
agencies of the State or with institutions of higher education in the
State to complete, an inventory of all significant emissions of methane
in the North Fork Valley in the State, including methane emissions from
active, inactive, and abandoned coal mines.
(b) Leasing Program.--
(1) In general.--Not later than 1 year after the date of
completion of the inventory required under subsection (a), the
Secretary shall carry out, to the extent permissible under
applicable law, a program to offer for lease Federal methane
from active, inactive, and abandoned coal mines where methane
is escaping into the atmosphere, subject to valid existing
rights.
(2) Conditions.--The program carried out under paragraph
(1) shall--
(A) only include methane that can be collected and
transported in a manner that does not--
(i) endanger the safety of coal mine
workers; or
(ii) unreasonably interfere with ongoing
operations at coal mines; and
(B) provide for the owners or operators of mines
with leases that overlap potential methane leases under
the program carried out under paragraph (1) to elect to
remove the areas from potential methane leasing under
the program, if the owner or operator determines that
the conditions described in subparagraph (A) are not
met.
(c) Coal Mine Methane Electrical Power Generation Demonstration
Program.--
(1) In general.--Not later than 2 years after the date of
completion of the inventory required under subsection (a), the
Secretary shall consult with the eligible entities described in
paragraph (2) to develop a program to facilitate the sale and
delivery of methane from active, inactive, and abandoned coal
mines where methane is escaping into the atmosphere to 1 or
more of the eligible entities to demonstrate the feasibility,
cost-effectiveness, and environmental benefits of producing
electrical power from methane that--
(A) is subject to subsection (b); but
(B) has not been leased under that subsection.
(2) Description of eligible entities.--An eligible entity
referred to in paragraph (1) is any rural electric utility,
energy cooperative, or municipal utility the service area
boundaries of which are located within 100 miles of Paonia in
the State.
(3) Establishment of pricing.--The Secretary shall
establish pricing for the sale and delivery of methane under
paragraph (1) that is sufficient to reimburse all costs to the
Secretary for the implementation and management of the
demonstration program under that paragraph.
(4) Contracts.--The Secretary may enter into a contract
with the State or 1 or more institutions of higher education in
the State to provide services to the eligible entities
described in paragraph (2) to facilitate the program under
paragraph (1), with all related costs to be included in the
pricing established under paragraph (3).
SEC. 306. EFFECT.
Except as expressly provided in this title, nothing in this title--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this title, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in the
State.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
SEC. 401. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485C, and dated August 11, 2016.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation Area
established by section 402(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 402. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of the date
on which the Secretary approves a request under subsection
(c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment
of this Act, there shall be established as a unit of the National Park
System the Curecanti National Recreation Area, in accordance with this
Act, consisting of approximately 50,667 acres of land in the State, as
generally depicted on the map as ``Curecanti National Recreation Area
Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this title; and
(B) the laws (including regulations) generally
applicable to units of the National Park System,
including section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code.
(2) Dam, powerplant, and reservoir management and
operations.--
(A) In general.--Nothing in this title affects or
interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley
Reclamation Project under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit
of the Colorado River Storage Project under the
Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43
U.S.C. 620 et seq.); or
(iii) under the Federal Water Project
Recreation Act (16 U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain
administrative jurisdiction.--If, before the
date that is 1 year after the date of enactment
of this Act, the Commissioner of Reclamation
submits to the Secretary a request for the
Commissioner of Reclamation to retain
administrative jurisdiction over the minimum
quantity of land within the land identified on
the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'' that the
Commissioner of Reclamation identifies as
necessary for the effective operation of Bureau
of Reclamation water facilities, the Secretary
may--
(I) approve, modify, or disapprove
the request; and
(II) if the request is approved
under subclause (I), make any
modifications to the map that are
necessary to reflect that the
Commissioner of Reclamation has
management authority over the minimum
quantity of land required to fulfill
the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative
jurisdiction over the land identified
on the map as ``Lands withdrawn or
acquired for Bureau of Reclamation
projects'', as modified pursuant to
clause (i)(II), if applicable, shall be
transferred from the Commissioner of
Reclamation to the Director of the
National Park Service by not later than
the date that is 1 year after the date
of enactment of this Act.
(II) Access to transferred land.--
(aa) In general.--Subject
to item (bb), the Commissioner
of Reclamation shall retain
access to the land transferred
to the Director of the National
Park Service under subclause
(I) for reclamation purposes,
including for the operation,
maintenance, and expansion or
replacement of facilities.
(bb) Memorandum of
understanding.--The terms of
the access authorized under
item (aa) shall be determined
by a memorandum of
understanding entered into
between the Commissioner of
Reclamation and the Director of
the National Park Service not
later than 1 year after the
date of enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into
management agreements, or modify management agreements
in existence on the date of enactment of this Act,
relating to the authority of the Director of the
National Park Service, the Commissioner of Reclamation,
the Director of the Bureau of Land Management, or the
Chief of the Forest Service to manage Federal land
within, adjacent to, or near the boundary of the
National Recreation Area.
(B) State land.--The Secretary may enter into
cooperative management agreements for any land
administered by the State that is within, adjacent to,
or near the National Recreation Area, in accordance
with the cooperative management authority under section
101703 of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in
subparagraph (B), the Secretary shall allow boating,
boating-related activities, hunting, and fishing in the
National Recreation Area in accordance with applicable
Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting
through the Superintendent of the National
Recreation Area, may designate zones in which,
and establish periods during which, no boating,
hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A)
for reasons of public safety, administration,
or compliance with applicable laws.
(ii) Consultation required.--Except in the
case of an emergency, any closure proposed by
the Secretary under clause (i) shall not take
effect until after the date on which the
Superintendent of the National Recreation Area
consults with--
(I) the appropriate State agency
responsible for hunting and fishing
activities; and
(II) the Board of County
Commissioners in each county in which
the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located not more than 3 miles
from the boundary of the National Recreation Area, the
Secretary may work in partnership with the individual to
enhance the long-term conservation of natural, cultural,
recreational, and scenic resources in and around the National
Recreation Area--
(A) by acquiring the portion of the private land or
interests in private land located not more than 3 miles
from the boundary of the National Recreation Area by
purchase, exchange, or donation, in accordance with
section 403;
(B) by providing technical assistance to the
individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement
opportunities.
(6) Withdrawal.--Subject to valid existing rights, all
Federal land within the National Recreation Area is withdrawn
from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing.
(7) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired
under this title is subject to a State grazing
lease in effect on the date of acquisition, the
Secretary shall allow the grazing to continue
for the remainder of the term of the lease,
subject to the related terms and conditions of
user agreements, including permitted stocking
rates, grazing fee levels, access rights, and
ownership and use of range improvements.
(ii) Access.--A lessee of State land may
use established routes within the National
Recreation Area to access State land for
purposes of administering the lease if the use
was established before the date of enactment of
this Act, subject to such terms and conditions
as the Secretary may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on
land acquired from the State or private landowners
under section 403, if grazing was established before
the date of acquisition.
(C) Private land.--On private land acquired from a
willing seller under section 403 for the National
Recreation Area on which authorized grazing is
occurring before the date of enactment of this Act, the
Secretary, in consultation with the lessee, may allow
the continuation and renewal of grazing on the land
based on the terms of negotiation of the individual
land acquisition by the lessee on the date of
acquisition, subject to applicable law (including
regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing
leases, uses, and practices in effect as of the
date of enactment of this Act, the continuation
and renewal of grazing on Federal land located
within the boundary of the National Recreation
Area on which grazing is allowed before the
date of enactment of this Act, unless the
Secretary determines that grazing on the
Federal land would present unacceptable impacts
(as defined in section 1.4.7.1 of the National
Park Service document entitled ``Management
Policies 2006: The Guide to Managing the
National Park System'') to the natural,
cultural, recreational, and scenic resource
values and the character of the land within the
National Recreation Area; and
(ii) retain all authorities to manage
grazing in the National Recreation Area.
(E) Termination of leases.--The Secretary may--
(i) accept the voluntary termination of a
lease or permit for grazing; or
(ii) in the case of a lease or permit
vacated for a period of 3 or more years,
terminate the lease or permit.
(8) Water rights.--Nothing in this title--
(A) affects any use or allocation in existence on
the date of enactment of this Act of any water, water
right, or interest in water;
(B) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this Act, including any water right held
by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this Act;
(D) authorizes or imposes any new reserved Federal
water right; or
(E) shall be considered to be a relinquishment or
reduction of any water right reserved or appropriated
by the United States in the State on or before the date
of enactment of this Act.
(9) Fishing easements.--
(A) In general.--Nothing in this title diminishes
or alters the fish and wildlife program for the
Aspinall Unit developed under section 8 of the Act of
April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (70 Stat. 110, chapter 203; 43
U.S.C. 620g), by the United States Fish and Wildlife
Service, the Bureau of Reclamation, and the Colorado
Division of Wildlife (including any successor in
interest to that division) that provides for the
acquisition of public access fishing easements as
mitigation for the Aspinall Unit (referred to in this
paragraph as the ``program'').
(B) Acquisition of fishing easements.--The
Secretary shall continue to fulfill the obligation of
the Secretary under the program to acquire 26 miles of
class 1 public fishing easements to provide to
sportsmen access for fishing within the Upper Gunnison
Basin upstream of the Aspinall Unit, subject to the
condition that no existing fishing access downstream of
the Aspinall Unit shall be counted toward the minimum
mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(i) develop a plan for fulfilling the
obligation of the Secretary described in
subparagraph (B); and
(ii) submit to Congress a report that--
(I) includes the plan developed
under clause (i); and
(II) describes any progress made in
the acquisition of public access
fishing easements as mitigation for the
Aspinall Unit under the program.
SEC. 403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National Recreation
Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with
donated or appropriated funds;
(iii) transfer from another Federal agency;
or
(iv) exchange.
(B) State land.--Land or interests in land owned by
the State or a political subdivision of the State may
only be acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over
the approximately 2,560 acres of land identified on the
map as ``U.S. Forest Service proposed transfer to the
National Park Service'' is transferred to the
Secretary, to be administered by the Director of the
National Park Service as part of the National
Recreation Area.
(B) Boundary adjustment.--The boundary of the
Gunnison National Forest shall be adjusted to exclude
the land transferred to the Secretary under
subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 5,040 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the Bureau
of Land Management, subject to the revocation of Bureau of
Reclamation withdrawal'' shall be transferred to the Director
of the Bureau of Land Management on relinquishment of the land
by the Bureau of Reclamation and revocation by the Bureau of
Land Management of any withdrawal as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal of land identified on the
map as ``Potential exchange lands'' shall be relinquished by
the Commissioner of Reclamation and revoked by the Director of
Bureau of Land Management and the land shall be transferred to
the National Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for the
private land described in section 402(c)(5)--
(i) subject to a conservation easement
remaining on the transferred land, to protect
the scenic resources of the transferred land;
and
(ii) in accordance with the laws (including
regulations) and policies governing National
Park Service land exchanges; and
(B) if not exchanged under subparagraph (A), shall
be included in the boundary of the National Recreation
Area.
(d) Addition to National Recreation Area.--Any land within the
boundary of the National Recreation Area that is acquired by the United
States shall be added to, and managed as a part of, the National
Recreation Area.
SEC. 404. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made
available to carry out this title, the Director of the National Park
Service, in consultation with the Commissioner of Reclamation, shall
prepare a general management plan for the National Recreation Area in
accordance with section 100502 of title 54, United States Code.
SEC. 405. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National Park
Service) shall prepare a boundary survey and legal description of the
National Recreation Area.
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