Colorado Outdoor Recreation and Economy Act

IIB 116TH CONGRESS 1ST SESSION H. R. 823 IN THE SENATE OF THE UNITED STATES OCTOBER 31, 2019 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 2 HR 823 RFS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Colorado Outdoor Recreation and Economy Act’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. Sec. 2. Definition of State. Sec. 3. Determination of budgetary effects. TITLE I—CONTINENTAL DIVIDE Sec. 101. Definitions. Sec. 102. Colorado Wilderness additions. Sec. 103. Williams Fork Mountains Wilderness. Sec. 104. Tenmile Recreation Management Area. Sec. 105. Porcupine Gulch Wildlife Conservation Area. Sec. 106. Williams Fork Mountains Wildlife Conservation Area. Sec. 107. Camp Hale National Historic Landscape. Sec. 108. White River National Forest Boundary modification. Sec. 109. Rocky Mountain National Park Potential Wilderness Boundary ad- justment. Sec. 110. Administrative provisions. TITLE II—SAN JUAN MOUNTAINS Sec. 201. Definitions. Sec. 202. Additions to National Wilderness Preservation System. Sec. 203. Special management areas. Sec. 204. Release of wilderness study areas. Sec. 205. Administrative provisions. TITLE III—THOMPSON DIVIDE Sec. 301. Purposes. Sec. 302. Definitions. Sec. 303. Thompson Divide Withdrawal and Protection Area. Sec. 304. Thompson Divide lease exchange. Sec. 305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program. Sec. 306. Effect. TITLE IV—CURECANTI NATIONAL RECREATION AREA Sec. 401. Definitions. Sec. 402. Curecanti National Recreation Area. Sec. 403. Acquisition of land; boundary management. Sec. 404. General management plan. Sec. 405. Boundary survey. VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 3 HR 823 RFS SEC. 2. DEFINITION OF STATE. 1 In this Act, the term ‘‘State’’ means the State of Col- 2 orado. 3 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 4 The budgetary effects of this Act, for the purpose of 5 complying with the Statutory Pay-As-You-Go Act of 2010, 6 shall be determined by reference to the latest statement 7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 8 Act, submitted for printing in the Congressional Record 9 by the Chairman of the House Budget Committee, pro- 10 vided that such statement has been submitted prior to the 11 vote on passage. 12 TITLE I—CONTINENTAL DIVIDE 13 SEC. 101. DEFINITIONS. 14 In this title: 15 (1) COVERED AREA.—The term ‘‘covered area’’ 16 means any area designated as wilderness by the 17 amendments to section 2(a) of the Colorado Wilder- 18 ness Act of 1993 (16 U.S.C. 1132 note; Public Law 19 103–77) made by section 102(a). 20 (2) HISTORIC LANDSCAPE.—The term ‘‘His- 21 toric Landscape’’ means the Camp Hale National 22 Historic Landscape designated by section 107(a). 23 (3) RECREATION MANAGEMENT AREA.—The 24 term ‘‘Recreation Management Area’’ means the 25 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 4 HR 823 RFS Tenmile Recreation Management Area designated by 1 section 104(a). 2 (4) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Agriculture. 4 (5) WILDLIFE CONSERVATION AREA.—The 5 term ‘‘Wildlife Conservation Area’’ means, as appli- 6 cable— 7 (A) the Porcupine Gulch Wildlife Con- 8 servation Area designated by section 105(a); 9 and 10 (B) the Williams Fork Mountains Wildlife 11 Conservation Area designated by section 12 106(a). 13 SEC. 102. COLORADO WILDERNESS ADDITIONS. 14 (a) DESIGNATION.—Section 2(a) of the Colorado Wil- 15 derness Act of 1993 (16 U.S.C. 1132 note; Public Law 16 103–77) is amended— 17 (1) in paragraph (18), by striking ‘‘1993,’’ and 18 inserting ‘‘1993, and certain Federal land within the 19 White River National Forest that comprises approxi- 20 mately 6,896 acres, as generally depicted as ‘Pro- 21 posed Ptarmigan Peak Wilderness Additions’ on the 22 map entitled ‘Proposed Ptarmigan Peak Wilderness 23 Additions’ and dated June 24, 2019,’’; and 24 (2) by adding at the end the following: 25 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 5 HR 823 RFS ‘‘(23) HOLY CROSS WILDERNESS ADDITION.— 1 Certain Federal land within the White River Na- 2 tional Forest that comprises approximately 3,866 3 acres, as generally depicted as ‘Proposed Megan 4 Dickie Wilderness Addition’ on the map entitled 5 ‘Holy Cross Wilderness Addition Proposal’ and 6 dated June 24, 2019, which shall be incorporated 7 into, and managed as part of, the Holy Cross Wil- 8 derness designated by section 102(a)(5) of Public 9 Law 96–560 (94 Stat. 3266). 10 ‘‘(24) HOOSIER RIDGE WILDERNESS.—Certain 11 Federal land within the White River National Forest 12 that comprises approximately 5,235 acres, as gen- 13 erally depicted as ‘Proposed Hoosier Ridge Wilder- 14 ness’ on the map entitled ‘Tenmile Proposal’ and 15 dated June 24, 2019, which shall be known as the 16 ‘Hoosier Ridge Wilderness’. 17 ‘‘(25) TENMILE WILDERNESS.—Certain Federal 18 land within the White River National Forest that 19 comprises approximately 7,624 acres, as generally 20 depicted as ‘Proposed Tenmile Wilderness’ on the 21 map entitled ‘Tenmile Proposal’ and dated June 24, 22 2019, which shall be known as the ‘Tenmile Wilder- 23 ness’. 24 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 6 HR 823 RFS ‘‘(26) EAGLES NEST WILDERNESS ADDI- 1 TIONS.—Certain Federal land within the White 2 River National Forest that comprises approximately 3 9,670 acres, as generally depicted as ‘Proposed 4 Freeman Creek Wilderness Addition’ and ‘Proposed 5 Spraddle Creek Wilderness Addition’ on the map en- 6 titled ‘Eagles Nest Wilderness Additions Proposal’ 7 and dated June 24, 2019, which shall be incor- 8 porated into, and managed as part of, the Eagles 9 Nest Wilderness designated by Public Law 94–352 10 (90 Stat. 870).’’. 11 (b) APPLICABLE LAW.—Any reference in the Wilder- 12 ness Act (16 U.S.C. 1131 et seq.) to the effective date 13 of that Act shall be considered to be a reference to the 14 date of enactment of this Act for purposes of admin- 15 istering a covered area. 16 (c) FIRE, INSECTS, AND DISEASES.—In accordance 17 with section 4(d)(1) of the Wilderness Act (16 U.S.C. 18 1133(d)(1)), the Secretary may carry out any activity in 19 a covered area that the Secretary determines to be nec- 20 essary for the control of fire, insects, and diseases, subject 21 to such terms and conditions as the Secretary determines 22 to be appropriate. 23 (d) GRAZING.—The grazing of livestock on a covered 24 area, if established before the date of enactment of this 25 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 7 HR 823 RFS Act, shall be permitted to continue subject to such reason- 1 able regulations as are considered to be necessary by the 2 Secretary, in accordance with— 3 (1) section 4(d)(4) of the Wilderness Act (16 4 U.S.C. 1133(d)(4)); and 5 (2) the guidelines set forth in Appendix A of 6 the report of the Committee on Interior and Insular 7 Affairs of the House of Representatives accom- 8 panying H.R. 2570 of the 101st Congress (H. Rept. 9 101–405). 10 (e) COORDINATION.—For purposes of administering 11 the Federal land designated as wilderness by paragraph 12 (26) of section 2(a) of the Colorado Wilderness Act of 13 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as 14 added by subsection (a)(2)), the Secretary shall, as deter- 15 mined to be appropriate for the protection of watersheds, 16 coordinate the activities of the Secretary in response to 17 fires and flooding events with interested State and local 18 agencies, including operations using aircraft or mecha- 19 nized equipment. 20 SEC. 103. WILLIAMS FORK MOUNTAINS WILDERNESS. 21 (a) DESIGNATION.—In furtherance of the purposes of 22 the Wilderness Act (16 U.S.C. 1131 et seq.), certain Fed- 23 eral land in the White River National Forest in the State, 24 comprising approximately 8,036 acres and generally de- 25 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 8 HR 823 RFS picted as ‘‘Proposed Williams Fork Mountains Wilder- 1 ness’’ on the map entitled ‘‘Williams Fork Mountains Pro- 2 posal’’ and dated June 24, 2019, is designated as a poten- 3 tial wilderness area. 4 (b) MANAGEMENT.—Subject to valid existing rights 5 and except as provided in subsection (d), the potential wil- 6 derness area designated by subsection (a) shall be man- 7 aged in accordance with— 8 (1) the Wilderness Act (16 U.S.C. 1131 et 9 seq.); and 10 (2) this section. 11 (c) LIVESTOCK USE OF VACANT ALLOTMENTS.— 12 (1) IN GENERAL.—Not later than 3 years after 13 the date of enactment of this Act, in accordance 14 with applicable laws (including regulations), the Sec- 15 retary shall publish a determination regarding 16 whether to authorize livestock grazing or other use 17 by livestock on the vacant allotments known as— 18 (A) the ‘‘Big Hole Allotment’’; and 19 (B) the ‘‘Blue Ridge Allotment’’. 20 (2) MODIFICATION OF ALLOTMENTS.—In pub- 21 lishing a determination pursuant to paragraph (1), 22 the Secretary may modify or combine the vacant al- 23 lotments referred to in that paragraph. 24 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 9 HR 823 RFS (3) PERMIT OR OTHER AUTHORIZATION.—Not 1 later than 1 year after the date on which a deter- 2 mination of the Secretary to authorize livestock 3 grazing or other use by livestock is published under 4 paragraph (1), if applicable, the Secretary shall 5 grant a permit or other authorization for that live- 6 stock grazing or other use in accordance with appli- 7 cable laws (including regulations). 8 (d) RANGE IMPROVEMENTS.— 9 (1) IN GENERAL.—If the Secretary permits live- 10 stock grazing or other use by livestock on the poten- 11 tial wilderness area under subsection (c), the Sec- 12 retary, or a third party authorized by the Secretary, 13 may use any motorized or mechanized transport or 14 equipment for purposes of constructing or rehabili- 15 tating such range improvements as are necessary to 16 obtain appropriate livestock management objectives 17 (including habitat and watershed restoration). 18 (2) TERMINATION OF AUTHORITY.—The au- 19 thority provided by this subsection terminates on the 20 date that is 2 years after the date on which the Sec- 21 retary publishes a positive determination under sub- 22 section (c)(3). 23 (e) DESIGNATION AS WILDERNESS.— 24 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 10 HR 823 RFS (1) DESIGNATION.—The potential wilderness 1 area designated by subsection (a) shall be designated 2 as wilderness, to be known as the ‘‘Williams Fork 3 Mountains Wilderness’’— 4 (A) effective not earlier than the date that 5 is 180 days after the date of enactment this 6 Act; and 7 (B) on the earliest of— 8 (i) the date on which the Secretary 9 publishes in the Federal Register a notice 10 that the construction or rehabilitation of 11 range improvements under subsection (d) 12 is complete; 13 (ii) the date described in subsection 14 (d)(2); and 15 (iii) the effective date of a determina- 16 tion of the Secretary not to authorize live- 17 stock grazing or other use by livestock 18 under subsection (c)(1). 19 (2) ADMINISTRATION.—Subject to valid existing 20 rights, the Secretary shall manage the Williams 21 Fork Mountains Wilderness in accordance with— 22 (A) the Colorado Wilderness Act of 1993 23 (16 U.S.C. 1132 note; Public Law 103–77); 24 and 25 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 11 HR 823 RFS (B) this title. 1 SEC. 104. TENMILE RECREATION MANAGEMENT AREA. 2 (a) DESIGNATION.—Subject to valid existing rights, 3 the approximately 17,122 acres of Federal land in the 4 White River National Forest in the State, as generally de- 5 picted as ‘‘Proposed Tenmile Recreation Management 6 Area’’ on the map entitled ‘‘Tenmile Proposal’’ and dated 7 June 24, 2019, are designated as the ‘‘Tenmile Recreation 8 Management Area’’. 9 (b) PURPOSES.—The purposes of the Recreation 10 Management Area are to conserve, protect, and enhance 11 for the benefit and enjoyment of present and future gen- 12 erations the recreational, scenic, watershed, habitat, and 13 ecological resources of the Recreation Management Area. 14 (c) MANAGEMENT.— 15 (1) IN GENERAL.—The Secretary shall manage 16 the Recreation Management Area— 17 (A) in a manner that conserves, protects, 18 and enhances— 19 (i) the purposes of the Recreation 20 Management Area described in subsection 21 (b); and 22 (ii) recreation opportunities, including 23 mountain biking, hiking, fishing, horseback 24 VerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823 kjohnson on DSK79L0C42 with BILLS 12 HR 823 RFS riding, snowshoeing, climbing, skiing, 1 camping, and hunting; and 2 (B) in accordance with— 3 (i) the Forest and Rangeland Renew- 4 able Resources Planning Act of 1974 (16 5 U.S.C. 1600 et seq.); 6 (ii) any other applicable laws (includ- 7 ing regulations); and 8 (iii) this section. 9 (2) USES.— 10 (A) IN GENERAL.—The Secretary shall 11 only allow such uses of the Recreation Manage- 12 ment Area as the Secretary determines would 13 further the purposes described in subsection 14 (b). 15 (B) VEHICLES.— 16 (i) IN GENERAL.—Except as provided 17 in clause (iii), the use of motorized vehicles 18 in the Recreation Management Area shall 19 be limited to the roads, vehicle classes, and 20 periods authorized for motorized vehicle 21 use on the date of enactment of this Act. 22 (ii) NEW OR TEMPORARY [Text truncated for display. 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