[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9400 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9400
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
August 23, 2024
Ms. DeGette 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; DEFINITION.
(a) Short Title.--This Act may be cited as the ``Colorado
Wilderness Act of 2024''.
(b) Secretary Defined.--As used in this Act, the term ``Secretary''
means the Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
SEC. 2. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE
STATE OF COLORADO.
(a) Additions.--Section 2(a) of the Colorado Wilderness Act of 1993
(Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132 note) is amended by
adding at the end the following paragraphs:
``(23) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 20,171 acres, as generally depicted on a map
titled `Bull Gulch and Castle Peak Proposed Wilderness', dated
June 15, 2018, which shall be known as the Bull Gulch
Wilderness.
``(24) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 16,230 acres, as generally depicted on a map
titled `Bull Gulch and Castle Peak Proposed Wilderness Areas',
dated June 15, 2018, which shall be known as the Castle Peak
Wilderness.
``(25) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 312 acres, as generally depicted on a map titled
`Maroon Bells Addition Proposed Wilderness', dated June 15,
2018, which is hereby incorporated in and shall be deemed to be
a part of the Maroon Bells-Snowmass Wilderness Area designated
by Public Law 88-577.
``(26) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management, which comprise approximately
38,176 acres, as generally depicted on a map titled `Redcloud &
Handies Peak Proposed Wilderness', dated June 16, 2018, which
shall be known as the Redcloud Peak Wilderness.
``(27) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management or located in the Grand Mesa,
Uncompahgre, and Gunnison National Forests, which comprise
approximately 26,557 acres, as generally depicted on a map
titled `Redcloud & Handies Peak Proposed Wilderness', dated
June 16, 2018, which shall be known as the Handies Peak
Wilderness.
``(28) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 17,213 acres, as generally depicted on a map
titled `McIntyre Hills Proposed Wilderness', dated June 15,
2018, which shall be known as the McIntyre Hills Wilderness.
``(29) Certain lands managed by the Glenwood Springs Field
Office of the Bureau of Land Management, which comprise
approximately 11,291 acres, as generally depicted on a map
titled `Grand Hogback Proposed Wilderness', dated June 15,
2018, which shall be known as the Grand Hogback Wilderness.
``(30) Certain lands managed by the Glenwood Springs Field
Office of the Bureau of Land Management or located in the White
River National Forest, which comprise approximately 16,305
acres, as generally depicted on a map titled `Flat Tops
Proposed Wilderness Addition', dated June 15, 2018, and which
are hereby incorporated in and shall be deemed to be a part of
the Flat Tops Wilderness designated by Public Law 94-146.
``(31) Certain lands managed by the Grand Junction Field
Office, which comprise approximately 25,897 acres, as generally
depicted on a map titled `Demaree Canyon Proposed Wilderness',
dated June 15, 2018, which shall be known as the Demaree Canyon
Wilderness.
``(32) Certain lands managed by the Grand Junction Field
Office, which comprise approximately 29,045 acres, as generally
depicted on a map titled `South Shale Ridge & Little Book
Cliffs Proposed Wilderness', dated June 15, 2018, which shall
be known as the Little Bookcliffs Wilderness.
``(33) Certain lands managed by the Grand Junction Field
Office, which comprise approximately 27,517 acres, as generally
depicted on a map titled `South Shale Ridge & Little Book
Cliffs Proposed Wilderness', dated June 15, 2018, which shall
be known as the South Shale Ridge Wilderness.
``(34) Certain lands managed by the Glenwood Springs Field
Office or located in the White River National Forest, which
comprise approximately 20,742 acres, as generally depicted on a
map titled `Deep Creek Proposed Wilderness', dated June 15,
2018, upon being designated as wilderness as provided by
section 3(h)(2) of the Colorado Wilderness Act of 2024.
``(35) Certain lands managed by the Glenwood Springs Field
Office, which comprise approximately 14,538 acres, as generally
depicted on a map titled `Pisgah Mountain Proposed Wilderness'
and date is June 15, 2018, upon being designated as wilderness
as provided by section 3(h)(2) of the Colorado Wilderness Act
of 2024.
``(36) Certain lands managed by the Tres Rios Field Office,
which comprise approximately 29,118 acres, as generally
depicted on a map titled `Bug Canyon and Cross Canyon Proposed
Wilderness', dated September 28, 2023, which shall be known as
the Bug Canyon and Cross Canyon Wilderness Area.
``(37) Certain lands managed by the Colorado River Valley
Field Office, which comprise approximately 30,935 acres, as
generally depicted on a map titled `Bull Gulch and Castle Peak
Proposed Wilderness', dated September 28, 2023, which shall be
known as the Bull Gulch and Castle Peak Wilderness Area.
``(38) Certain lands managed by the Tres Rios Field Office,
which comprise approximately 31,406 acres, as generally
depicted on a map titled `McKenna Peak Proposed Wilderness',
dated September 28, 2023, which shall be known as the McKenna
Peak Wilderness Area.
``(39) Certain lands managed by the Tres Rios Field Office
and Uncompahgre Field Office, which comprise approximately
56,206 acres, as generally depicted on a map titled `Dolores
River Canyon Proposed Wilderness', dated November 14, 2023,
which shall be known as the Dolores River Canyon Wilderness
Area.
``(40) Certain lands managed by the Uncompahgre Field
Office and Grand Junction Field Office, which comprise
approximately 39,919 acres, as generally depicted on a map
titled `Sewemup Mesa Proposed Wilderness', dated November 14,
2023, which shall be known as the Sewemup Mesa Wilderness
Area.''.
(b) Further Additions.--The following lands in the State of
Colorado administered by the Bureau of Land Management or the United
States Forest Service are hereby designated as wilderness and,
therefore, as components of the National Wilderness Preservation
System:
(1) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management or located in the
White River National Forest, which comprise approximately
25,232 acres, as generally depicted on a map titled
``Assignation Ridge Proposed Wilderness'', dated July 11, 2018,
which shall be known as the Assignation Ridge Wilderness.
(2) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 25,192
acres, as generally depicted on a map titled ``Badger Creek
Proposed Wilderness Area'', dated June 15, 2018, which shall be
known as the Badger Creek Wilderness.
(3) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 38,253
acres, as generally depicted on a map titled ``Beaver Creek
Proposed Wilderness Area'', dated June 15, 2018, which shall be
known as the Beaver Creek Wilderness.
(4) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or the Bureau of Reclamation
or located in the Pike and San Isabel National Forest, which
comprise approximately 35,535 acres, as generally depicted on a
map titled ``Grape Creek Proposed Wilderness'', dated June 15,
2018, which shall be known as the Grape Creek Wilderness.
(5) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 20,996 acres, as generally depicted on a map
titled ``Bangs Canyon Proposed Wilderness'', dated June 15,
2018, which shall be known as the Bangs Canyon Wilderness.
(6) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 27,150 acres, as generally depicted on a map
titled ``Unaweep & Palisade Proposed Wilderness'', dated June
15, 2018, which shall be known as the Palisade Wilderness.
(7) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management or located in the Grand
Mesa, Uncompaghre, and Gunnison National Forest, which comprise
approximately 20,420 acres, as generally depicted on a map
titled ``Unaweep & Palisade Proposed Wilderness'', dated June
15, 2018, which shall be known as the Unaweep Wilderness.
(8) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management and San Juan Field
Office and in the Manti-LaSal National Forest, which comprise
approximately 45,220 acres, as generally depicted on a map
titled ``Sewemup Mesa Proposed Wilderness'', dated June 15,
2018, which shall be known as the Sewemup Mesa Wilderness.
(9) Certain lands managed by the Kremmling Field Office of
the Bureau of Land Management, which comprise approximately 31
acres, as generally depicted on a map titled ``Platte River
Addition Proposed Wilderness'', dated June 15, 2018, and which
are hereby incorporated in and shall be deemed to be part of
the Platte River Wilderness designated by Public Law 98-550.
(10) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management, which comprise approximately
17,660 acres, as generally depicted on a map titled ``Roubideau
Proposed Wilderness'', dated June 15, 2018, which shall be
known as the Roubideau Wilderness.
(11) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management or located in the Grand Mesa,
Uncompaghre, and Gunnison National Forest, which comprise
approximately 12,986 acres, as generally depicted on a map
titled ``Norwood Canyon Proposed Wilderness'', dated June 15,
2018, which shall be known as the Norwood Canyon Wilderness.
(12) Certain lands managed by the San Juan Field Office of
the Bureau of Land Management, which comprise approximately
26,776 acres, as generally depicted on a map titled ``Cross
Canyon Proposed Wilderness'', dated June 15, 2018, which shall
be known as the Cross Canyon Wilderness.
(13) Certain lands managed by the San Juan Field Office of
the Bureau of Land Management, which comprise approximately
33,114 acres, as generally depicted on a map titled ``McKenna
Peak Proposed Wilderness'', dated June 15, 2018, which shall be
known as the McKenna Peak Wilderness.
(14) Certain lands managed by the San Juan Field Office of
the Bureau of Land Management Certain lands, which comprise
approximately 14,339 acres, as generally depicted on a map
titled ``Weber-Menefee Mountain Proposed Wilderness'', dated
June 15, 2018, which shall be known as the Weber-Menefee
Mountain Wilderness.
(15) Certain lands managed by the Uncompahgre and San Juan
Field Offices of the Bureau of Land Management or the Bureau of
Reclamation, which comprise approximately 34,867 acres, as
generally depicted on a map titled ``Dolores River Canyon
Proposed Wilderness'', dated June 15, 2018, which shall be
known as the Dolores River Canyon Wilderness.
(16) Certain lands managed by the San Juan Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 31,752 acres, as
generally depicted on a map titled ``Snaggletooth Proposed
Wilderness'', dated June 15, 2018, which shall be known as the
Snaggletooth Wilderness.
(17) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and San
Isabel National Forests, which comprise approximately 22,654
acres, as generally depicted on a map titled ``Browns Canyon
Proposed Wilderness'', dated June 15, 2018, which shall be
known as the Browns Canyon Wilderness.
(18) Certain lands managed by the San Luis Field Office of
the Bureau of Land Management, which comprise approximately
10,871 acres, as generally depicted on a map titled ``San Luis
Hills Proposed Wilderness'', dated June 15, 2018, which shall
be known as the San Luis Hills Wilderness.
(19) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management, which comprise approximately
27,719 acres, as generally depicted on a map titled ``Table
Mountain Proposed Wilderness'', dated June 15, 2018, which
shall be known as the Table Mountain Wilderness.
(c) West Elk Addition.--Certain lands in the State of Colorado
administered by the Gunnison Field Office of the Bureau of Land
Management, the United States National Park Service, and the Bureau of
Reclamation, which comprise approximately 6,846 acres, as generally
depicted on a map titled ``West Elk Addition Proposed Wilderness'',
dated June 15, 2018, are hereby designated as wilderness and,
therefore, as components of the National Wilderness Preservation System
and are hereby incorporated in and shall be deemed to be a part of the
West Elk Wilderness designated by Public Law 88-577. The boundary
adjacent to Blue Mesa Reservoir shall be 50 feet landward from the
water's edge, and shall change according to the water level.
(d) Blue Mesa Reservoir.--If the Bureau of Reclamation determines
that lands within the West Elk Wilderness Addition are necessary for
future expansion of the Blue Mesa Reservoir, the Secretary shall by
publication of a revised boundary description in the Federal Register
revise the boundary of the West Elk Wilderness Addition.
(e) Maps and Descriptions.--As soon as practicable after the date
of enactment of the Act, the Secretary shall file a map and a boundary
description of each area designated as wilderness by this section with
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate. Each map
and boundary description shall have the same force and effect as if
included in this Act, except that the Secretary may correct clerical
and typographical errors in the map or boundary description. The maps
and boundary descriptions shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management, Department of the Interior, and in the Office of the Chief
of the Forest Service, Department of Agriculture, as appropriate.
(f) State and Private Lands.--Lands within the exterior boundaries
of any wilderness area designated under this section that are owned by
a private entity or by the State of Colorado, including lands
administered by the Colorado State Land Board, shall be included within
such wilderness area if such lands are acquired by the United States.
Such lands may be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 3. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands designated
as wilderness by this Act shall be managed by the Secretary 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.
(b) Grazing.--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, and the
guidelines set forth in appendix A of House Report 101-405 of the 101st
Congress.
(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) Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around any area designated as
wilderness by section 2.
(2) Activities outside wilderness.--The fact that an
activity or use on land outside the areas designated as
wilderness by section 2 can be seen or heard within the
wilderness shall not preclude the activity or use outside the
boundary of the wilderness.
(e) Military Helicopter Overflights.--
(1) In general.--Nothing in this Act restricts or
precludes--
(A) low-level overflights of military helicopters
over the areas designated as wilderness by section 2,
including military overflights that can be seen or
heard within any wilderness area;
(B) military flight testing and evaluation; or
(C) the designation or creation of new units of
special use airspace, or the establishment of military
flight training routes over any wilderness area.
(2) Aerial navigation training exercises.--The Colorado
Army National Guard, through the High-Altitude Army National
Guard Aviation Training Site, may conduct aerial navigation
training maneuver exercises over the wilderness areas
designated by this Act--
(A) in a manner consistent with the memorandum of
understanding dated August 4, 1987, entered into among
the Colorado Army National Guard, the Bureau of Land
Management, and the Forest Service; or
(B) in a manner consistent with a subsequent
memorandum of understanding entered into among the
Colorado Army National Guard, the Bureau of Land
Management, and the Forest Service.
(f) Running Events.--The Secretary may continue to authorize
competitive running events currently permitted in the Redcloud Peak
Wilderness Area and Handies Peak Wilderness Area in a manner compatible
with the preservation of such areas as wilderness.
(g) Land Trades.--If the Secretary trades privately owned land
within the perimeter of the Redcloud Peak Wilderness Area or the
Handies Peak Wilderness Area in exchange for Federal land, then such
Federal land shall be located in Hinsdale County, Colorado.
(h) Potential Wilderness Designations.--
(1) In general.--The following lands are designated as
potential wilderness areas:
(A) Certain lands managed by the Glenwood Springs
Field Office or located in the White River National
Forest, which comprise approximately 20,742 acres, as
generally depicted on a map titled ``Deep Creek
Proposed Wilderness'' and dated is June 15, 2018,
which, upon designation as wilderness under paragraph
(2), shall be known as the Deep Creek Wilderness.
(B) Certain lands managed by the Glenwood Springs
Field Office, which comprise approximately 14,538
acres, as generally depicted on a map titled ``Pisgah
Mountain Proposed Wilderness'' and dated June 15, 2018,
which, upon designation as wilderness under paragraph
(2), shall be known as the Pisgah Mountain Wilderness.
(2) Designation as wilderness.--Lands designated as a
potential wilderness area by subparagraph (A) or (B) of
paragraph (1) shall be designated as wilderness on the date on
which the Secretary publishes in the Federal Register a notice
that all nonconforming uses of those lands authorized by
subsection (e) in the potential wilderness area that would be
in violation of the Wilderness Act (16 U.S.C. 1131 et seq.)
have ceased. Such publication in the Federal Register and
designation as wilderness shall occur for the potential
wilderness area as the nonconforming uses cease in that
potential wilderness area and designation as wilderness is not
dependent on cessation of nonconforming uses in the other
potential wilderness area.
(3) Management.--Except for activities provided for under
subsection (e), lands designated as a potential wilderness area
by paragraph (1) shall be managed by the Secretary in
accordance with the Wilderness Act as wilderness pending the
designation of such lands as wilderness under this subsection.
SEC. 4. WATER.
(a) Effect on Water Rights.--Nothing in this Act--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) 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;
(3) affects any interstate water compact in existence on
the date of enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights; and
(5) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of the enactment of
this Act.
(b) Midstream Areas.--
(1) Purpose.--The purpose of this subsection is to protect
for the benefit and enjoyment of present and future
generations--
(A) the unique and nationally important values of
areas designated as wilderness by section 2(b)
(including the geological, cultural, archaeological,
paleontological, natural, scientific, recreational,
environmental, biological, wilderness, wildlife,
riparian, historical, educational, and scenic resources
of the public land); and
(B) the water resources of area streams, based on
seasonally available flows, that are necessary to
support aquatic, riparian, and terrestrial species and
communities.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that
any water rights within the wilderness designated by
section 2(b) required to fulfill the purposes of such
wilderness are secured in accordance with subparagraphs
(B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water
rights for which the Secretary pursues
adjudication shall be appropriated,
adjudicated, changed, and administered in
accordance with the procedural requirements and
priority system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided
in subclause (II), the purposes and
other substantive characteristics of
the water rights pursued under this
paragraph shall be established in
accordance with State law.
(II) Exception.--Notwithstanding
subclause (I) and in accordance with
this Act, the Secretary may appropriate
and seek adjudication of water rights
to maintain surface water levels and
stream flows on and across the
wilderness designated by section 2(b)
to fulfill the purposes of such
wilderness.
(C) Deadline.--The Secretary shall promptly, but
not earlier than January 1, 2025, appropriate the water
rights required to fulfill the purposes of the
wilderness designated by section 2(b).
(D) Required determination.--The Secretary shall
not pursue adjudication for any instream flow water
rights unless the Secretary makes a determination
pursuant to subparagraph (E)(ii) or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall not
pursue adjudication of any Federal instream
flow water rights established under this
paragraph if--
(I) the Secretary determines, upon
adjudication of the water rights by the
Colorado Water Conservation Board, that
the Board holds water rights sufficient
in priority, amount, and timing to
fulfill the purposes of this
subsection; and
(II) the Secretary has entered into
a perpetual agreement with the Colorado
Water Conservation Board to ensure full
exercise, protection, and enforcement
of the State water rights within the
Wilderness to reliably fulfill the
purposes of this subsection.
(ii) Adjudication.--If the Secretary
determines that the provisions of clause (i)
have not been met, the Secretary shall
adjudicate and exercise any Federal water
rights required to fulfill the purposes of the
Wilderness in accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado
Water Conservation Board modifies the instream flow
water rights obtained under subparagraph (E) to such a
degree that the Secretary determines that water rights
held by the State are insufficient to fulfill the
purposes of this Act, the Secretary shall adjudicate
and exercise Federal water rights required to fulfill
the purposes of this Act in accordance with
subparagraph (B).
(G) Failure to comply.--The Secretary shall
promptly act to exercise and enforce the water rights
described in subparagraph (E) if the Secretary
determines that--
(i) the State is not exercising its water
rights consistent with subparagraph (E)(i)(I);
or
(ii) the agreement described in
subparagraph (E)(i)(II) is not fulfilled or
complied with sufficiently to fulfill the
purposes of this Act.
(3) Water resource facility.--Notwithstanding any other
provision of law, beginning on the date of enactment of this
Act, neither the President nor any other officer, employee, or
agent of the United States shall fund, assist, authorize, or
issue a license or permit for development of any new irrigation
and pumping facility, reservoir, water conservation work,
aqueduct, canal, ditch, pipeline, well, hydropower project,
transmission, other ancillary facility, or other water,
diversion, storage, or carriage structure in the wilderness
designated by section 2(b).
(c) Access and Operation.--
(1) Definition.--As used in this subsection, the term
``water resource facility'' means irrigation and pumping
facilities, reservoirs, water conservation works, aqueducts,
canals, ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
(2) Access to water resource facilities.--Subject to the
provisions of this subsection, the Secretary shall allow
reasonable access to water resource facilities in existence on
the date of enactment of this Act within the areas described in
sections 2(b) and 2(c), including motorized access where
necessary and customarily employed on routes existing as of the
date of enactment of this Act.
(3) Access routes.--Existing access routes within such
areas customarily employed as of the date of enactment of this
Act may be used, maintained, repaired, and replaced to the
extent necessary to maintain their present function, design,
and serviceable operation, so long as such activities have no
increased adverse impacts on the resources and values of the
areas described in sections 2(b) and 2(c) than existed as of
the date of enactment of this Act.
(4) Use of water resource facilities.--Subject to the
provisions of this subsection and subsection (a)(4), the
Secretary shall allow water resource facilities existing on the
date of enactment of this Act within areas described in
sections 2(b) and 2(c) to be used, operated, maintained,
repaired, and replaced to the extent necessary for the
continued exercise, in accordance with Colorado State law, of
vested water rights adjudicated for use in connection with such
facilities by a court of competent jurisdiction prior to the
date of enactment of this Act. The impact of an existing
facility on the water resources and values of the area shall
not be increased as a result of changes in the adjudicated type
of use of such facility as of the date of enactment of this
Act.
(5) Repair and maintenance.--Water resource facilities, and
access routes serving such facilities, existing within the
areas described in sections 2(b) and 2(c) on the date of
enactment of this Act shall be maintained and repaired when and
to the extent necessary to prevent increased adverse impacts on
the resources and values of the areas described in sections
2(b) and 2(c).
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