H.R. 823 — what changed
Colorado Outdoor Recreation and Economy Act
From Introduced in House to Reported in House. 24 sections amended and 4 removed between Introduced in House and Reported in House.
2. Definition of state
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Congress finds that—In this Act, the term “State” means the State of Colorado.
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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;
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public land—
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is an essential part of the Colorado way of life and what makes the State a desirable place to live, work, and visit; and
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provides for—
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a clean water supply;
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access to recreational opportunities, including hiking, backpacking, camping, mountain biking, skiing, climbing, snowmobiling, off-highway vehicle travel, and rafting;
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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
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grazing land that supports the agricultural economy of the State;
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outdoor recreation on public land is a key component of the economy of the State, supporting large and small businesses and communities statewide;
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according to the Outdoor Industry Association—
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71 percent of Colorado residents participate in outdoor recreation each year; and
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in Colorado, outdoor recreation generates—
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$28,000,000,000 in consumer spending annually;
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229,000 direct jobs;
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$9,700,000,000 in wages and salaries; and
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$2,000,000,000 in State and local tax revenue;
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the wilderness, conservation, and recreation areas in this Act will—
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protect—
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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
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many well-known smaller peaks;
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preserve iconic landscapes across Colorado;
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conserve important wildlife habitat;
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safeguard important watersheds that provide many communities a supply of clean drinking water;
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protect valuable, high-quality land for biking, skiing, and other road- and trail-based recreation; and
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provide access to world-class hunting and fishing opportunities;
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the Camp Hale National Historic Landscape designation honors the legacy of the 10th Mountain Division, the members of which—
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trained at Camp Hale;
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contributed to the United States victory during World War II; and
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went on to help create the modern outdoor industry in Colorado, including several iconic Colorado ski areas;
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the Thompson Divide in western Colorado—
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supports a robust agriculture-based economy;
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provides outstanding recreation and hunting opportunities to the public;
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serves as important spring and summer grazing land for ranching operations; and
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was described by President Theodore Roosevelt as a “great, wild country”;
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the National Park Service has formally recommended that Congress legislatively establish Curecanti as a National Recreation Area with a new legislative boundary;
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Curecanti National Recreation Area—
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includes an abundance of natural features in a setting of reservoirs, canyons, pinnacles, cliffs, and mesas;
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includes Blue Mesa Reservoir, the largest body of water entirely contained in Colorado and home to an outstanding fishery;
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offers the public outstanding opportunities for recreation; and
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is 1 of the few remaining units of the National Park Service that has never been legislatively established by Congress;
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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
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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.
3. Definition of State
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In this Act, the term State means the State of Colorado.
101. Definitions
In this title:
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Covered area— The term covered area “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).
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Historic Landscape—landscape— The term Historic Landscape “Historic Landscape” means the Camp Hale National Historic Landscape designated by section 107(a).
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Recreation Management Area—management area— The term Recreation “Recreation Management Area Area” means the Tenmile Recreation Management Area designated by section 104(a).
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Secretary— The term Secretary “Secretary” means the Secretary of Agriculture.
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Wildlife Conservation Area—conservation area— The term Wildlife “Wildlife Conservation Area Area” means, as applicable—
the Porcupine Gulch Wildlife Conservation Area designated by section 105(a); and
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the Williams Fork Mountains Wildlife Conservation Area designated by section 106(a).
102. Colorado Wilderness additions
Designation— Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) is amended—
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in paragraph (18), by striking “1993,” and inserting “1993, and certain Federal land within the White River National Forest that comprises approximately 6,876 6,896 acres, as generally depicted as “Proposed Ptarmigan Peak Wilderness Additions” on the map entitled “Proposed Ptarmigan Peak Wilderness Additions” and dated January 23, 2018,”; June 24, 2019,”; and
by adding at the end the following:
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“(23) Holy Cross Wilderness cross wilderness addition—Certain Federal land within the White River National Forest that comprises approximately 3,902 3,866 acres, as generally depicted as “Proposed Megan Dickie Wilderness Addition” on the map entitled “Holy Cross Wilderness Addition Proposal” and dated January 23, 2018, June 24, 2019, which shall be incorporated into, and managed as part of, the Holy Cross Wilderness designated by section 102(a)(5) of Public Law 96–560 (94 Stat. 3266).
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“(24) Hoosier Ridge Wilderness—Certain ridge wilderness—Certain Federal land within the White River National Forest that comprises approximately 5,235 acres, as generally depicted as ‘Proposed Hoosier Ridge Wilderness’ on the map entitled “Tenmile Proposal” and dated January 23, 2018, June 24, 2019, which shall be known as the “Hoosier Ridge Wilderness”.
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“(25) Tenmile Wilderness—Certain wilderness—Certain Federal land within the White River National Forest that comprises approximately 7,606 7,624 acres, as generally depicted as “Proposed Tenmile Wilderness” on the map entitled “Tenmile Proposal” and dated January 23, 2018, June 24, 2019, which shall be known as the “Tenmile Wilderness”.
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“(26) Eagles Nest Wilderness nest wilderness additions—Certain Federal land within the White River National Forest that comprises approximately 9,419 9,670 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, June 24, 2019, which shall be incorporated into, and managed as part of, the Eagles Nest Wilderness designated by Public Law 94–352 (90 Stat. 870).”
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.
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.
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—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
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).
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.
103. Williams Fork Mountains Wilderness
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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 8,036 acres and generally depicted as “Proposed Williams Fork Mountains Wilderness” on the map entitled “Williams Fork Mountains Proposal” and dated January 23, 2018, June 24, 2019, is designated as a potential wilderness area.
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—
the Wilderness Act (16 U.S.C. 1131 et seq.); and
this section.
Livestock use of vacant allotments—
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—
the “Big Hole Allotment”; and
the “Blue Ridge Allotment”.
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.
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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.use in accordance with applicable laws (including regulations).
Range improvements—
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).
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).
Designation as wilderness—
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Designation— The potential wilderness area designated by subsection (a) shall be designated as wilderness, to be known as the “Williams Fork Mountains Wilderness”—
effective not earlier than the date that is 180 days after the date of enactment this Act; and
on the earliest of—
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;
the date described in subsection (d)(2); and
the effective date of a determination of the Secretary not to authorize livestock grazing or other use by livestock under subsection (c)(1).
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Administration— Subject to valid existing rights, the Secretary shall manage the Williams Fork Mountains Wilderness in accordance with—
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77); and
this title.
104. Tenmile Recreation Management Area
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Designation— Subject to valid existing rights, the approximately 16,996 17,122 acres of Federal land in the White River National Forest in the State State, as generally depicted as “Proposed Tenmile Recreation Management Area” on the map entitled “Tenmile Proposal” and dated January 23, 2018, June 24, 2019, are designated as the “Tenmile Recreation Management Area”.
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.
Management—
In general— The Secretary shall manage the Recreation Management Area—
in a manner that conserves, protects, and enhances—
the purposes of the Recreation Management Area described in subsection (b); and
recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and
in accordance with—
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
any other applicable laws (including regulations); and
this section.
Uses—
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).
Vehicles—
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.
New or temporary roads— Except as provided in clause (iii), no new or temporary road shall be constructed in the Recreation Management Area.
Exceptions— Nothing in clause (i) or (ii) prevents the Secretary from—
rerouting or closing an existing road or trail to protect natural resources from degradation, as the Secretary determines to be appropriate;
authorizing the use of motorized vehicles for administrative purposes or roadside camping;
constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects;
authorizing the use of motorized vehicles to carry out any activity described in subsection (d), (e)(1), or (f); or
responding to an emergency.
Commercial timber—
In general— Subject to clause (ii), no project shall be carried out in the Recreation Management Area for the purpose of harvesting commercial timber.
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.
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.
Water—
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—
water management infrastructure in existence on the date of enactment of this Act; or
any future infrastructure necessary for the development or exercise of water rights decreed before the date of enactment of this Act.
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.
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—
a regional transportation project, including—
highway widening or realignment; and
construction of multimodal transportation systems; or
any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1).
Applicable law— Nothing in this section affects the designation of the Federal land within the Recreation Management Area for purposes of—
section 138 of title 23, United States Code; or
section 303 of title 49, United States Code.
Permits— Nothing in this section alters or limits—
any permit held by a ski area or other entity; or
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.
105. Porcupine Gulch Wildlife Conservation Area
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Designation— Subject to valid existing rights, the approximately 8,176 8,287 acres of Federal land located in the White River National Forest, as generally depicted as “Proposed Porcupine Gulch Wildlife Conservation Area” on the map entitled “Porcupine Gulch Wildlife Conservation Area Proposal” and dated January 23, 2018, June 24, 2019, are designated as the “Porcupine Gulch Wildlife Conservation Area” (referred to in this section as the Wildlife “Wildlife Conservation Area).Area”).
Purposes— The purposes of the Wildlife Conservation Area are—
to conserve and protect a wildlife migration corridor over Interstate 70; and
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.
Management—
In general— The Secretary shall manage the Wildlife Conservation Area—
in a manner that conserves, protects, and enhances the purposes described in subsection (b); and
in accordance with—
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
any other applicable laws (including regulations); and
this section.
Uses—
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).
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).
Motorized vehicles and mechanized transport; new or temporary roads—
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.
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.
Exceptions— Nothing in clause (i) or (ii) prevents the Secretary from—
authorizing the use of motorized vehicles or mechanized transport for administrative purposes;
constructing temporary roads or permitting the use of motorized vehicles or mechanized transport to carry out pre- or post-fire watershed protection projects;
authorizing the use of motorized vehicles or mechanized transport to carry out activities described in subsection (d) or (e); or
responding to an emergency.
Commercial timber—
In general— Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber.
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.
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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 or mitigate fire, insects, and diseases or disease in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate.
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Regional transportation projects— Nothing in this section or section 110(e) 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—
a regional transportation project, including—
highway widening or realignment; and
construction of multimodal transportation systems; or
any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1).
Applicable law— Nothing in this section affects the designation of the Federal land within the Wildlife Conservation Area for purposes of—
section 138 of title 23, United States Code; or
section 303 of title 49, United States Code.
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.
106. Williams Fork Mountains Wildlife Conservation Area
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Designation— Subject to valid existing rights, the approximately 3,492 3,528 acres of Federal land in the White River National Forest in the State, as generally depicted as “Proposed Williams Fork Mountains Wildlife Conservation Area” on the map entitled “Williams Fork Mountains Proposal” and dated January 23, 2018, June 24, 2019, are designated as the “Williams Fork Mountains Wildlife Conservation Area” (referred to in this section as the Wildlife “Wildlife Conservation Area).Area”).
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.
Management—
In general— The Secretary shall manage the Wildlife Conservation Area—
in a manner that conserves, protects, and enhances the purposes described in subsection (b); and
in accordance with—
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
any other applicable laws (including regulations); and
this section.
Uses—
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).
Motorized vehicles—
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.
New or temporary roads— Except as provided in clause (iii), no new or temporary road shall be constructed in the Wildlife Conservation Area.
Exceptions— Nothing in clause (i) or (ii) prevents the Secretary from—
authorizing the use of motorized vehicles for administrative purposes;
authorizing the use of motorized vehicles to carry out activities described in subsection (d); or
responding to an emergency.
Bicycles— The use of bicycles in the Wildlife Conservation Area shall be limited to designated roads and trails.
Commercial timber—
In general— Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber.
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.
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).
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.
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Regional transportation projects— Nothing in this section or section 110(e) 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—
a regional transportation project, including—
highway widening or realignment; and
construction of multimodal transportation systems; or
any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1).
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.
107. Camp Hale National Historic Landscape
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Designation— Subject to valid existing rights, the approximately 28,728 28,676 acres of Federal land in the White River National Forest in the State State, as generally depicted as “Proposed Camp Hale National Historic Landscape” on the map entitled “Camp Hale National Historic Landscape Proposal” and dated January 23, 2018, June 24, 2019, are designated the “Camp Hale National Historic Landscape”.
Purposes— The purposes of the Historic Landscape are—
to provide for—
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;
the historic preservation of the Historic Landscape, consistent with—
the designation of the Historic Landscape as a national historic site; and
the other purposes of the Historic Landscape;
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
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the continued cleanup environmental remediation and removal of unexploded ordnance and legacy hazards at the Camp Hale Formerly Used Defense Site and the Camp Hale historic cantonment area; and
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.
Management—
In general— The Secretary shall manage the Historic Landscape in accordance with—
the purposes of the Historic Landscape described in subsection (b); and
any other applicable laws (including regulations).
Management plan—
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.
Contents— The management plan prepared under subparagraph (A) shall include plans for—
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;
conducting historic preservation activities;
managing recreational opportunities, including the use and stewardship of—
the road and trail systems; and
dispersed recreation resources;
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
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environmental remediation and, consistent with subsection (e)(2), the removal of unexploded ordnance and other legacy hazards.ordnance.
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Environmental Explosive 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.
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Camp Hale hale restoration and enhancement project—
In general— The Secretary shall conduct a restoration and enhancement project in the Historic Landscape—
to improve aquatic, riparian, and wetland conditions in and along the Eagle River and tributaries of the Eagle River;
to maintain or improve recreation and interpretive opportunities and facilities; and
to conserve historic values in the Camp Hale area.
Coordination— In carrying out the project described in paragraph (1), the Secretary shall coordinate with—
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the United States Army Corps of Engineers;
the Camp Hale-Eagle River Headwaters Collaborative Group;
the National Forest Foundation;
the Colorado Department of Public Health and Environment;
the Colorado State Historic Preservation Office;
units of local government; and
other interested organizations and members of the public.
Environmental remediation—
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—
the Camp Hale Formerly Used Defense Site; or
the Camp Hale historic cantonment area.
Removal of unexploded ordnance—
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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—appropriate in accordance with applicable law (including regulations).
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in any case in which the unexploded ordnance interferes with the management of the Historic Landscape; or
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to ensure public safety.
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—
the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
any other applicable provision of law (including regulations).
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Effect of subsection— Nothing in this subsection modifies any obligation in existence on the date of enactment of this Act relating to the environmental remediation or cleanup removal 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—
the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
any other applicable provision of law (including regulations).
Interagency agreement— The Secretary and the Secretary of the Army shall enter into an agreement—
to specify—
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the responsibility activities of the Secretary relating to manage the management of the Historic Landscape; and
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the responsibility activities of the Secretary of the Army for relating to environmental remediation and the removal of unexploded ordnance and other legacy hazards in accordance with subsection (e) and other applicable laws; laws (including regulations); and
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).
Effect— Nothing in this section—
affects the jurisdiction of the State over any water law, water right, or adjudication or administration relating to any water resource;
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 water right under an interstate water compact (including full development of any apportionment made in accordance with such a compact);
a water right decreed within, above, below, or through the Historic Landscape;
a water right held by the United States;
the management or operation of any reservoir, including the storage, management, release, or transportation of water; and
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);
constitutes an express or implied reservation by the United States of any reserved or appropriative water right;
alters or limits—
a permit held by a ski area;
the implementation of activities governed by a ski area permit; or
the authority of the Secretary to modify or expand an existing ski area permit;
prevents the Secretary from closing portions of the Historic Landscape for public safety, environmental remediation, or other use in accordance with applicable laws; or
affects—
any special use permit in effect on the date of enactment of this Act; or
the renewal of a permit described in subparagraph (A).
Funding—
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”.
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.
108. White River National Forest Boundary modification
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.
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Land and Water Conservation Fund—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.
109. Rocky Mountain National Park Potential Wilderness Boundary adjustment
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.
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:
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“(3) Boundary adjustment—The boundary of the Potential Wilderness is modified to exclude the potential wilderness area comprising approximately 15.5 acres of land identified as “Potential Wilderness to Non-wilderness” on the map entitled “Rocky Mountain National Park Proposed Wilderness Area Amendment” and dated January 16, 2018.”
110. Administrative provisions
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In general—Fish and wildlife— Subject to subsection (b), Nothing in this title affects the boundary jurisdiction or responsibility of the Arapaho National Forest in the State is adjusted with respect 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, fish and 9 of sec. 13, T. 4 N., R. 76 W., 6th Principal Meridian, in Grand County wildlife in the State.
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No buffer zones—
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In general— Nothing in this title or an amendment made by this title establishes a protective perimeter or buffer zone around—
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a covered area;
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a wilderness area or potential wilderness area designated by section 103;
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the Recreation Management Area;
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a Wildlife Conservation Area; or
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the Historic Landscape.
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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.
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Maps and legal descriptions—
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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—
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the Committee on Natural Resources of the House of Representatives; and
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the Committee on Energy and Natural Resources of the Senate.
added
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.
added
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.
added
Acquisition of land—
added
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.
added
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.
removed
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.
removed
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)).
removed
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.
changed
Public motorized use—Withdrawal— Nothing Subject to valid rights in existence on the date of enactment of this section opens privately owned land within Act, the boundary areas described in subsection (a) to public motorized use.(b)(1) are withdrawn from—
added
entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under mining laws; and
added
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
added
Military overflights— Nothing in this title or an amendment made by this title restricts or precludes—
added
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;
added
flight testing or evaluation over an area described in paragraph (1); or
added
the use or establishment of—
added
any new unit of special use airspace over an area described in paragraph (1); or
added
any military flight training or transportation over such an area.
111. Bolts Ditch access and use
removed
removed
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.
removed
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.
112. Administrative provisions
removed
removed
Fish and wildlife— Nothing in this title affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State.
removed
No buffer zones—
removed
In general— Nothing in this title or an amendment made by this title establishes a protective perimeter or buffer zone around—
removed
a covered area;
removed
a wilderness area or potential wilderness area designated by section 103;
removed
the Recreation Management Area;
removed
a Wildlife Conservation Area; or
removed
the Historic Landscape.
removed
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.
removed
Maps and legal descriptions—
removed
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—
removed
the Committee on Natural Resources of the House of Representatives; and
removed
the Committee on Energy and Natural Resources of the Senate.
removed
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.
removed
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.
removed
Acquisition of land—
removed
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.
removed
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.
removed
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—
removed
entry, appropriation, and disposal under the public land laws;
removed
location, entry, and patent under mining laws; and
removed
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
removed
Military overflights— Nothing in this title or an amendment made by this title restricts or precludes—
removed
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;
removed
flight testing or evaluation over an area described in paragraph (1); or
removed
the use or establishment of—
removed
any new unit of special use airspace over an area described in paragraph (1); or
removed
any military flight training or transportation over such an area.
201. Definitions
changed
This title may be cited as the “San Juan Mountains Wilderness Act”.In this title:
added
Covered land— The term “covered land” means—
added
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 202); and
added
a Special Management Area.
added
Secretary— The term “Secretary” means the Secretary of Agriculture.
added
Special management area— The term “Special Management Area” means each of—
added
the Sheep Mountain Special Management Area designated by section 203(a)(1); and
added
the Liberty Bell East Special Management Area designated by section 203(a)(2).
202. Additions to National Wilderness Preservation System
changed
In this title: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:
added “(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.
added “(28) Mount sneffels wilderness additions
added “(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.
added “(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.
added “(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”.”
removed
Covered land— The term covered land means—
removed
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
removed
a Special Management Area.
removed
Secretary— The term Secretary means the Secretary of Agriculture.
removed
Special Management Area— The term Special Management Area means each of—
removed
the Sheep Mountain Special Management Area designated by section 204(a)(1); and
removed
the Liberty Bell East Special Management Area designated by section 204(a)(2).
203. Special management areas
added
Designation—
added
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”.
added
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”.
added
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.
added
Management—
added
In general— The Secretary shall manage the Special Management Areas in a manner that—
added
conserves, protects, and enhances the resources and values of the Special Management Areas described in subsection (b);
added
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
added
is in accordance with—
added
the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.);
added
this title; and
added
any other applicable laws.
added
Prohibitions— The following shall be prohibited in the Special Management Areas:
added
Permanent roads.
added
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—
added
the use of motor vehicles, motorized equipment, or mechanical transport (other than as provided in paragraph (3)); and
added
the establishment of temporary roads.
added
Authorized activities—
added
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.
added
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.
added
Bicycles— The Secretary may permit the use of bicycles in—
added
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
added
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.
added
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, for purposes of this Act—
added
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
added
any reference contained in that section to “this Act” shall be considered to be a reference to “the Colorado Outdoor Recreation and Economy Act”.
removed
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:
removed
“(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.
removed
“(28) Mount Sneffels Wilderness additions
removed
“(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.
removed
“(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.
removed
“(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”.”
204. Release of wilderness study areas
added
Dominguez canyon wilderness study area— Subtitle E of title II of Public Law 111–11 is amended—
removed
Designation—
removed
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”.
changed
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 by redesignating section 2408 (16 U.S.C. 460zzz–7) as the “Liberty Bell East Special Management Area”.section 2409; and
added
by inserting after section 2407 (16 U.S.C. 460zzz–6) the following:
added “2408. Release
added “(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.
added “(b) Release—Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle—
added “(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
added “(2) shall be managed in accordance with this subtitle and any other applicable laws.”
added
Mckenna peak wilderness study area—
added
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 202) have been adequately studied for wilderness designation.
added
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 202)—
added
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
added
shall be managed in accordance with applicable laws.
removed
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.
removed
Management—
removed
In general— The Secretary shall manage the Special Management Areas in a manner that—
removed
conserves, protects, and enhances the resources and values of the Special Management Areas described in subsection (b);
removed
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
removed
is in accordance with—
removed
the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.);
removed
this title; and
removed
any other applicable laws.
removed
Prohibitions— The following shall be prohibited in the Special Management Areas:
removed
Permanent roads.
removed
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—
removed
the use of motor vehicles, motorized equipment, or mechanical transport (other than as provided in paragraph (3)); and
removed
the establishment of temporary roads.
removed
Authorized activities—
removed
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.
removed
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.
removed
Bicycles— The Secretary may permit the use of bicycles in—
removed
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
removed
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.
removed
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—
removed
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
removed
any reference contained in that section to “this Act” shall be considered to be a reference to “the San Juan Mountains Wilderness Act”.
205. Administrative provisions
changed
Dominguez Canyon Wilderness Study Area—Fish and wildlife— Subtitle E of Nothing in this title II affects the jurisdiction or responsibility of Public Law 111–11 is amended—the State with respect to fish and wildlife in the State.
removed
by redesignating section 2408 (16 U.S.C. 460zzz–7) as section 2409; and
removed
by inserting after section 2407 (16 U.S.C. 460zzz–6) the following:
removed
“2408. Release
removed
“(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.
removed
“(b) Release—Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle—
removed
“(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
removed
“(2) shall be managed in accordance with this subtitle and any other applicable laws.”
changed
McKenna Peak Wilderness Study Area—No buffer zones—
changed
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 Nothing 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.this title establishes a protective perimeter or buffer zone around covered land.
changed
Release—Activities outside wilderness— Any public land referred to in paragraph (1) The fact that is not designated as wilderness by paragraph (29) of section 2(a) a nonwilderness activity or use on land outside of the Colorado Wilderness Act covered land can be seen or heard from within covered land shall not preclude the activity or use outside the boundary of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 203)—the covered land.
added
Maps and legal descriptions—
added
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 202) and the Special Management Areas with—
added
the Committee on Natural Resources of the House of Representatives; and
added
the Committee on Energy and Natural Resources of the Senate.
added
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.
added
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.
added
Acquisition of land—
added
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 202) only through exchange, donation, or purchase from a willing seller.
added
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.
added
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—
added
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
added
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).
added
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 202) 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.
added
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—
added
entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under mining laws; and
added
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
removed
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
removed
shall be managed in accordance with applicable laws.
206. Administrative provisions
removed
removed
Fish and wildlife— Nothing in this title affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State.
removed
No buffer zones—
removed
In general— Nothing in this title establishes a protective perimeter or buffer zone around covered land.
removed
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.
removed
Maps and legal descriptions—
removed
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—
removed
the Committee on Natural Resources of the House of Representatives; and
removed
the Committee on Energy and Natural Resources of the Senate.
removed
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.
removed
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.
removed
Acquisition of land—
removed
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.
removed
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.
removed
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—
removed
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
removed
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).
removed
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.
removed
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—
removed
entry, appropriation, and disposal under the public land laws;
removed
location, entry, and patent under mining laws; and
removed
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
301. Purposes
The purposes of this title are—
subject to valid existing rights, to withdraw certain Federal land in the Thompson Divide area from mineral and other disposal laws; and
changed
to promote the capture of fugitive methane gas emissions that would otherwise be emitted into the atmosphere—
changed
to reduce greenhouse methane gas emissions; and
to provide—
changed
new renewable electricity supplies; supplies and other beneficial uses of fugitive methane emissions; and
increased royalties for taxpayers.
302. Definitions
In this title:
changed
Secretary—Fugitive methane emissions— The term Secretary “fugitive methane emissions” means methane gas from those Federal lands in Garfield, Gunnison, Delta, or Pitkin County in the Secretary of State generally depicted on the Interior.pilot program map as “Fugitive Coal Mine Methane Use Pilot Program Area” that would leak or be vented into the atmosphere from an active, inactive or abandoned underground coal mine.
added
Pilot program— The term “pilot program” means the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program established by section 305(a)(1).
added
Pilot program map— The term “pilot program map” means the map entitled “Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program Area” and dated June 17, 2019.
added
Secretary— The term “Secretary” means the Secretary of the Interior.
added
Thompson divide lease—
added
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.
added
Exclusions— The term “Thompson Divide lease” does not include any oil or gas lease that—
removed
Thompson Divide lease—
removed
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.
removed
Exclusions— The term Thompson Divide lease does not include any oil or gas lease that—
renumbered
was (4)(3)(3)
is associated with a Wolf Creek Storage Field development right; or
renumbered
was (4)(3)(4)
before the date of enactment of this Act, has expired, been cancelled, or otherwise terminated.
added
Thompson divide map— The term “Thompson Divide map” means the map entitled “Greater Thompson Divide Area Map” and dated June 13, 2019.
added
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”.
added
Wolf creek storage field development right—
added
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”.
added
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).
removed
Thompson Divide map— The term Thompson Divide map means the map entitled “Greater Thompson Divide Area Map” and dated September 22, 2016.
removed
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”.
removed
Wolf Creek Storage Field development right—
removed
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”.
removed
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).
303. Thompson Divide Withdrawal and Protection Area
changed
Withdrawal— Subject to valid existing rights, the Thompson Divide Withdrawal and Protection Area is withdrawn from all forms of—from—
entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
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.
304. Thompson Divide lease exchange
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).
Amount of credits—
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—
be equal to the sum of—
the amount of the bonus bids paid for the applicable Thompson Divide leases;
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
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
require the approval of the Secretary.
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.
Cancellation— Effective on relinquishment under this section, and without any additional action by the Secretary, a Thompson Divide lease—
shall be permanently cancelled; and
shall not be reissued.
Conditions—
Applicable law— Except as otherwise provided in this section, each exchange under this section shall be conducted in accordance with—
this Act; and
other applicable laws (including regulations).
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.
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.
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—
section 35 of the Mineral Leasing Act (30 U.S.C. 191); and
section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019).
changed
Wolf Creek Storage Field creek storage field development rights—
changed
Conveyance to Secretary—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.
Limitation of transfer— An interest acquired by the Secretary under paragraph (1)—
shall be held in perpetuity; and
shall not be—
transferred;
reissued; or
otherwise used for mineral extraction.
305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program
added
Fugitive coal mine methane use pilot program—
added
Establishment— There is established in the Bureau of Land Management a pilot program, to be known as the “Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program”.
added
Purpose— The purpose of the pilot program is to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions—
added
to reduce methane emissions;
added
to promote economic development;
added
to produce bid and royalty revenues;
added
to improve air quality; and
added
to improve public safety.
added
Plan—
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan—
added
to complete an inventory of fugitive methane emissions in accordance with subsection (b);
added
to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and
added
to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d).
added
Coordination— In developing the plan under this paragraph, the Secretary shall coordinate with—
added
the State;
added
Garfield, Gunnison, Delta, and Pitkin Counties in the State;
added
lessees of Federal coal within the counties referred to in clause (ii);
added
interested institutions of higher education in the State; and
added
interested members of the public.
removed
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.
changed
Leasing program—Fugitive methane emission inventory—
changed
In general— Not later than 1 year after the date of completion enactment of the inventory required under subsection (a), this Act, 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 complete an inventory of fugitive methane is escaping into the atmosphere, subject to valid existing rights.emissions.
changed
Conditions—Conduct— The program carried out Secretary may conduct the inventory under paragraph (1) shall—through, or in collaboration with—
changed
only include methane that can be collected and transported in a manner that does not—the Bureau of Land Management;
removed
endanger the safety of coal mine workers; or
removed
unreasonably interfere with ongoing operations at coal mines; and
changed
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.United States Geological Survey;
added
the Environmental Protection Agency;
added
the United States Forest Service;
added
State departments or agencies;
added
Garfield, Gunnison, Delta, or Pitkin County in the State;
added
the Garfield County Federal Mineral Lease District;
added
institutions of higher education in the State;
added
lessees of Federal coal within a county referred to in subparagraph (F);
added
the National Oceanic and Atmospheric Administration;
added
the National Center for Atmospheric Research; or
added
other interested entities, including members of the public.
added
Contents— The inventory under paragraph (1) shall include—
added
the general location and geographic coordinates of each vent, seep, or other source producing significant fugitive methane emissions;
added
an estimate of the volume and concentration of fugitive methane emissions from each source of significant fugitive methane emissions including details of measurements taken and the basis for that emissions estimate;
added
an estimate of the total volume of fugitive methane emissions each year;
added
relevant data and other information available from—
added
the Environmental Protection Agency;
added
the Mine Safety and Health Administration;
added
Colorado Department of Natural Resources;
added
Colorado Public Utility Commission;
added
Colorado Department of Health and Environment; and
added
Office of Surface Mining Reclamation and Enforcement; and
added
such other information as may be useful in advancing the purposes of the pilot program.
added
Public participation; disclosure—
added
Public participation— The Secretary shall provide opportunities for public participation in the inventory under this subsection.
added
Availability— The Secretary shall make the inventory under this subsection publicly available.
added
Disclosure— Nothing in this subsection requires the Secretary to publicly release information that—
added
poses a threat to public safety;
added
is confidential business information; or
added
is otherwise protected from public disclosure.
added
Use— The Secretary shall use the inventory in carrying out—
added
the leasing program under subsection (c); and
added
the capping or destruction of fugitive methane emissions under subsection (d).
changed
Coal mine Fugitive methane electrical power generation demonstration emission leasing program—
changed
In general— Not Subject to valid existing rights and in accordance with this section, not later than 2 years 1 year after the date of completion of the inventory required under subsection (a), (b), the Secretary shall consult with the eligible entities described in paragraph (2) to develop carry out 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 encourage the feasibility, cost-effectiveness, use and environmental benefits destruction of producing electrical power from fugitive methane that—emissions.
added
Fugitive methane emissions from coal mines subject to lease—
added
In general— The Secretary shall authorize the holder of a valid existing Federal coal lease for a mine that is producing fugitive methane emissions to capture for use, or destroy by flaring, the fugitive methane emissions.
added
Conditions— The authority under subparagraph (A) shall be—
added
subject to valid existing rights; and
added
subject to such terms and conditions as the Secretary may require.
added
Limitations— The program carried out under paragraph (1) shall only include fugitive methane emissions that can be captured for use, or destroyed by flaring, in a manner that does not—
added
endanger the safety of any coal mine worker; or
added
unreasonably interfere with any ongoing operation at a coal mine.
added
Cooperation—
added
In general— The Secretary shall work cooperatively with the holders of valid existing Federal coal leases for mines that produce fugitive methane emissions to encourage—
added
the capture of fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, transforming the fugitive methane emissions into a different marketable material; or
added
if the beneficial use of the fugitive methane emissions is not feasible, the destruction of the fugitive methane emissions by flaring.
added
Guidance— In furtherance of the purposes of this paragraph, not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance for the implementation of Federal authorities and programs to encourage the capture for use, or destruction by flaring, of fugitive methane emissions while minimizing impacts on natural resources or other public interest values.
added
Royalties— The Secretary shall determine whether any fugitive methane emissions used or destroyed pursuant to this paragraph are subject to the payment of a royalty under applicable law.
added
Fugitive methane emissions from abandoned coal mines—
added
In general— Except as otherwise provided in this section, notwithstanding section 303, subject to valid existing rights, and in accordance with section 21 of the Mineral Leasing Act (30 U.S.C. 241) and any other applicable law, the Secretary shall—
added
authorize the capture for use, or destruction by flaring, of fugitive methane emissions from abandoned coal mines on Federal land; and
added
make available for leasing such fugitive methane emissions from abandoned coal mines on Federal land as the Secretary considers to be in the public interest.
added
Source— To the maximum extent practicable, the Secretary shall offer for lease each significant vent, seep, or other source of fugitive methane emissions from abandoned coal mines.
added
Bid qualifications— A bid to lease fugitive methane emissions under this paragraph shall specify whether the prospective lessee intends—
added
to capture the fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, transforming the fugitive methane emissions into a different marketable material;
added
to destroy the fugitive methane emissions by flaring; or
added
to employ a specific combination of—
added
capturing the fugitive methane emissions for beneficial use; and
added
destroying the fugitive methane emission by flaring.
added
Priority—
added
In general— If there is more than 1 qualified bid for a lease under this paragraph, the Secretary shall select the bid that the Secretary determines is likely to most significantly advance the public interest.
added
Considerations— In determining the public interest under clause (i), the Secretary shall take into consideration—
added
the size of the overall decrease in the time-integrated radiative forcing of the fugitive methane emissions;
added
the impacts to other natural resource values, including wildlife, water, and air; and
added
other public interest values, including scenic, economic, recreation, and cultural values.
added
Lease form—
added
In general— The Secretary shall develop and provide to prospective bidders a lease form for leases issued under this paragraph.
added
Due diligence— The lease form developed under clause (i) shall include terms and conditions requiring the leased fugitive methane emissions to be put to beneficial use or flared by not later than 1 year after the date of issuance of the lease.
added
Royalty rate— The Secretary shall develop a minimum bid and royalty rate for leases under this paragraph to advance the purposes of this section, to the maximum extent practicable.
added
Sequestration— If, by not later than 4 years after the date of enactment of this Act, any significant fugitive methane emissions from abandoned coal mines on Federal land are not leased under subsection (c)(3), the Secretary shall, in accordance with applicable law, take all reasonable measures—
added
to cap those fugitive methane emissions at the source in any case in which the cap will result in the long-term sequestration of all or a significant portion of the fugitive methane emissions; or
added
if sequestration under paragraph (1) is not feasible, destroy the fugitive methane emissions by flaring.
added
Report to Congress— Not later than 4 years after the date of enactment of this Act the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report detailing—
added
the economic and environmental impacts of the pilot program, including information on increased royalties and estimates of avoided greenhouse gas emissions; and
added
any recommendations by the Secretary on whether the pilot program could be expanded geographically to include other significant sources of fugitive methane emissions from coal mines.
removed
is subject to subsection (b); but
removed
has not been leased under that subsection.
removed
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.
removed
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.
removed
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).
401. Definitions
In this title:
changed
Map— The term map “map” means the map entitled “Curecanti National Recreation Area, Proposed Boundary”, numbered 616/100,485C, and dated August 11, 2016.
changed
National Recreation Area—recreation area— The term National “National Recreation Area Area” means the Curecanti National Recreation Area established by section 402(a).
changed
Secretary— The term Secretary “Secretary” means the Secretary of the Interior.
402. Curecanti National Recreation Area
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”.
Availability of map— The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Administration—
In general— The Secretary shall administer the National Recreation Area in accordance with—
this title; and
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.
Dam, powerplant, and reservoir management and operations—
In general— Nothing in this title affects or interferes with the authority of the Secretary—
to operate the Uncompahgre Valley Reclamation Project under the reclamation laws;
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
changed
under the Federal Water Project Recreation Act (16 U.S.C.460l–12 U.S.C. 460l–12 et seq.).
Reclamation land—
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—
changed
approve, modify, approve with modifications, or disapprove the request; and
changed
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 retains management authority over the minimum quantity of land required to fulfill the reclamation mission.
Transfer of land—
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.
Access to transferred land—
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.
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.
Management agreements—
changed
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, within or near adjacent to the boundary of the National Recreation Area.
changed
State land— The Secretary may enter into cooperative management agreements for any land administered by the State that is within, adjacent to, within or near adjacent to the National Recreation Area, in accordance with the cooperative management authority under section 101703 of title 54, United States Code.
Recreational activities—
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.
Closures; designated zones—
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.
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—
the appropriate State agency responsible for hunting and fishing activities; and
the Board of County Commissioners in each county in which the zone is proposed to be designated.
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—
changed
by acquiring the all or a 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;
by providing technical assistance to the individual, including cooperative assistance;
through available grant programs; and
by supporting conservation easement opportunities.
Withdrawal— Subject to valid existing rights, all Federal land within the National Recreation Area is withdrawn from—
changed
all forms of entry, appropriation, or and disposal under the public land laws;
location, entry, and patent under the mining laws; and
changed
disposition under all laws relating to operation of the mineral leasing, mineral materials, and geothermal leasing.leasing laws.
Grazing—
changed
State land subject to a State state grazing lease—
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.
changed
Access— A lessee of State land may continue its use of established routes within the National Recreation Area to access State land for purposes of administering the lease if the use was established permitted before the date of enactment of this Act, subject to such terms and conditions as the Secretary may require.
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.
changed
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 or by agreement between the lessee on Secretary and the date of acquisition, lessee, subject to applicable law (including regulations).
Federal land— The Secretary shall—
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
retain all authorities to manage grazing in the National Recreation Area.
changed
Termination of leases— The Within the National Recreation Area, the Secretary may—
accept the voluntary termination of a lease or permit for grazing; or
in the case of a lease or permit vacated for a period of 3 or more years, terminate the lease or permit.
Water rights— Nothing in this title—
affects any use or allocation in existence on the date of enactment of this Act of any water, water right, or interest in water;
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;
affects any interstate water compact in existence on the date of enactment of this Act;
authorizes or imposes any new reserved Federal water right; or
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.
Fishing easements—
changed
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).“program”).
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.
Plan— Not later than 1 year after the date of enactment of this Act, the Secretary shall—
develop a plan for fulfilling the obligation of the Secretary described in subparagraph (B); and
submit to Congress a report that—
includes the plan developed under clause (i); and
describes any progress made in the acquisition of public access fishing easements as mitigation for the Aspinall Unit under the program.
403. Acquisition of land; boundary management
Acquisition—
In general— The Secretary may acquire any land or interest in land within the boundary of the National Recreation Area.
Manner of acquisition—
In general— Subject to subparagraph (B), land described in paragraph (1) may be acquired under this subsection by—
donation;
purchase from willing sellers with donated or appropriated funds;
transfer from another Federal agency; or
exchange.
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.
Transfer of administrative jurisdiction—
changed
Forest Service service land—
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.
Boundary adjustment— The boundary of the Gunnison National Forest shall be adjusted to exclude the land transferred to the Secretary under subparagraph (A).
changed
Bureau of Land Management 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.
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.
Potential land exchange—
changed
In general— The withdrawal for reclamation purposes of the land identified on the map as “Potential exchange lands” shall be relinquished by the Commissioner of Reclamation and revoked by the Director of the Bureau of Land Management and the land shall be transferred to the National Park Service.
changed
Exchange; inclusion in National Recreation Area—national recreation area— On transfer of the land described in paragraph (1), the transferred land—
changed
may be exchanged by the Secretary for the private land described in section 402(c)(5)—
subject to a conservation easement remaining on the transferred land, to protect the scenic resources of the transferred land; and
in accordance with the laws (including regulations) and policies governing National Park Service land exchanges; and
changed
if not exchanged under subparagraph (A), shall be included in the boundary of added to, and managed as a part of, the National Recreation Area.
changed
Addition to National Recreation Area—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.