[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5193 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5193
To designate certain special management areas, wildlife conservation
areas, protection areas, recreation areas, wilderness areas, and a
scientific research and education area in the State of Colorado, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Bennet (for himself and Mr. Hickenlooper) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To designate certain special management areas, wildlife conservation
areas, protection areas, recreation areas, wilderness areas, and a
scientific research and education area in the State of Colorado, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gunnison Outdoor Resources
Protection Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Collaboratively developed.--The term ``collaboratively
developed'', with respect to a project, means the project is
developed and implemented through a collaborative process
that--
(A) includes multiple interested persons
representing diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory
committee under--
(I) for projects carried out on National
Forest System land, subsections (c) through (f)
of section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16
U.S.C. 7125); or
(II) for projects carried out on Bureau of
Land Management land, subpart 1784 of part 1700
of title 43, Code of Federal Regulations (or
successor regulations).
(2) County.--The term ``County'' means Gunnison County,
Colorado.
(3) Covered area.--The term ``covered area'' means each of
the Special Management Areas, Wildlife Conservation Areas,
Protection Areas, and Recreation Management Areas and the
Scientific Research and Education Area.
(4) Decommission.--The term ``decommission'', with respect
to a road, means--
(A) reestablishing native vegetation on the road;
(B) restoring any natural drainage, watershed
function, or other ecological processes that were
disrupted or adversely impacted by the road by removing
or hydrologically disconnecting the road prism and
reestablishing stable slope contours;
(C) effectively blocking the road to vehicular
traffic, where feasible; and
(D) developing and implementing an effective
monitoring and response plan for invasive species and
vehicular traffic incursions.
(5) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(6) Off-highway vehicle.--The term ``off-highway
vehicle''--
(A) with respect to National Forest System land,
has the meaning given the term in section 212.1 of
title 36, Code of Federal Regulations (or a successor
regulation); and
(B) with respect to land managed by the Bureau of
Land Management, has the meaning given the term ``off-
road vehicle'' in section 8340.0-5 of title 43, Code of
Federal Regulations (or a successor regulation).
(7) Over-snow vehicle.--The term ``over-snow vehicle'' has
the meaning given the term in section 212.1 of title 36, Code
of Federal Regulations (or a successor regulation).
(8) Protection area.--The term ``Protection Area'' means a
protection area designated by section 5(a).
(9) Recreation management area.--The term ``Recreation
Management Area'' means a recreation management area designated
by section 6(a).
(10) Restore.--The term ``restore'' has the meaning given
the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(11) Scientific research and education area.--The term
``Scientific Research and Education Area'' means the Rocky
Mountain Scientific Research and Education Area designated by
section 7(a).
(12) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior with respect to
land managed by the Director of the Bureau of Land
Management.
(13) Special management area.--The term ``Special
Management Area'' means a special management area designated by
section 3(a).
(14) State.--The term ``State'' means the State of
Colorado.
(15) Wilderness area.--The term ``wilderness 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 8(a).
(16) Wildland-urban interface.--The term ``wildland-urban
interface'' means land within a covered area that is within \1/
4\ mile of the interface and intermix areas mapped as the
wildland-urban interface in the document entitled ``The 2010
Wildland-Urban Interface of the Conterminous United States''
and published by the Department of Agriculture in 2015.
(17) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means a wildlife conservation area
designated by section 4(a).
(18) Winter travel management plan.--The term ``winter
travel management plan'' means a decision designating roads,
trails, or areas for over-snow vehicle use in accordance with--
(A) in the case of Forest Service land within a
covered area, subpart C of part 212 of title 36, Code
of Federal Regulations (or successor regulations); and
(B) in the case of Bureau of Land Management land
within a covered area, subpart 8342 of title 43, Code
of Federal Regulations (or successor regulations).
SEC. 3. DESIGNATION OF SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) American flag special management area.--Subject to
valid existing rights, certain Federal land in the County
managed by the Forest Service comprising approximately 36,171
acres, as generally depicted as ``American Flag SMA'' on the
map entitled ``Sheet 4: Brush Creek, Cement Creek, and Spring
Creek'' and dated August 27, 2024, is designated as the
``American Flag Special Management Area''.
(2) Beckwiths special management area.--Subject to valid
existing rights, certain Federal land in the County managed by
the Forest Service comprising approximately 24,031 acres, as
generally depicted as ``Beckwiths SMA'' on the map entitled
``Sheet 3: Kebler and Schofield Pass'' and dated August 27,
2024, is designated as the ``Beckwiths Special Management
Area''.
(3) Clear fork special management area.--Subject to valid
existing rights, certain Federal land in the County managed by
the Forest Service comprising approximately 37,998 acres, as
generally depicted as ``Clear Fork SMA'' on the map entitled
``Sheet 2: McClure Pass'' and dated August 27, 2024, is
designated as the ``Clear Fork Special Management Area''.
(4) Mcintosh mountain special management area.--Subject to
valid existing rights, certain Federal land in the County
managed by the Bureau of Land Management and the Forest Service
comprising approximately 22,497 acres, as generally depicted as
``McIntosh Mountain SMA'' on the map entitled ``Sheet 8:
Gunnison Valley and Ohio Pass'' and dated August 27, 2024, is
designated as the ``McIntosh Mountain Special Management
Area''.
(5) North poverty gulch special management area.--Subject
to valid existing rights, certain Federal land in the County
managed by the Forest Service comprising approximately 5,476
acres, as generally depicted as ``North Poverty Gulch SMA'' on
the map entitled ``Sheet 3: Kebler and Schofield Pass'' and
dated August 27, 2024, is designated as the ``North Poverty
Gulch Special Management Area''.
(6) Pilot knob special management area.--Subject to valid
existing rights, certain Federal land in the County managed by
the Forest Service comprising approximately 16,973 acres, as
generally depicted as ``Pilot Knob SMA'' on the map entitled
``Sheet 2: McClure Pass'' and dated August 27, 2024, is
designated as the ``Pilot Knob Special Management Area''.
(7) Signal peak special management area.--Subject to valid
existing rights, certain Federal land in the County managed by
the Bureau of Land Management and the Forest Service comprising
approximately 28,345 acres, as generally depicted as ``Signal
Peak SMA'' on the map entitled ``Sheet 9: Cabin Creek'' and
dated August 27, 2024, is designated as the ``Signal Peak
Special Management Area''.
(8) Union park special management area.--Subject to valid
existing rights, certain Federal land in the County managed by
the Forest Service comprising approximately 22,483 acres, as
generally depicted as ``Union Park SMA'' on the map entitled
``Sheet 5: Union Park'' and dated August 27, 2024, is
designated as the ``Union Park Special Management Area''.
(9) Whetstone headwaters special management area.--Subject
to valid existing rights, certain Federal land in the County
managed by the Forest Service and the Bureau of Land Management
comprising approximately 20,676 acres, as generally depicted as
``Whetstone Headwaters SMA'' on the map entitled ``Sheet 3:
Kebler and Schofield Pass'' and dated August 27, 2024, is
designated as the ``Whetstone Headwaters Special Management
Area''.
(b) Purpose.--The purpose of the Special Management Areas is to
conserve, protect, and enhance for the benefit of present and future
generations the natural, scenic, scientific, cultural, watershed,
recreation, and wildlife resources of the Special Management Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources
of the Special Management Areas; and
(B) is in accordance with--
(i) this Act; and
(ii) other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall only allow
uses of the Special Management Areas that the Secretary
determines would further the purpose described in
subsection (b).
(B) Vehicle and bicycle use.--
(i) In general.--The use of off-highway
vehicles and bicycles in the Special Management
Areas shall be permitted only on roads, trails,
and areas designated for use by those vehicles
on the date of enactment of this Act, except--
(I) as needed for administrative
purposes;
(II) to respond to an emergency; or
(III) as authorized under clauses
(ii) and (iii).
(ii) Winter travel management.--For any
portion of a Special Management Area for which
the Secretary has not adopted a winter travel
management plan as of the date of enactment of
this Act, the Secretary--
(I) shall, not later than 3 years
after the date of enactment of this
Act, adopt a winter travel management
plan with respect to the applicable
portion of the Special Management Area;
and
(II) may, during any period
beginning on the date of enactment of
this Act and ending on the date of
adoption of a winter travel management
plan for the applicable portion under
subclause (I), permit the use of over-
snow vehicles in the applicable portion
of the Special Management Area in
accordance with the applicable land
management plan or other applicable
management direction.
(iii) Potential trails.--The Secretary may
permit--
(I) the use of bicycles on the
potential trails described in paragraph
(3) if the trails are designated by the
Secretary for the use; and
(II) the use of off-highway
vehicles on the potential trails
described in subparagraphs (A), (C),
and (F) of paragraph (3) if the trails
are designated by the Secretary for the
use.
(3) Limitation.--Nothing in this section affects the
potential development, in accordance with applicable law, of--
(A) a proposed trail of less than 50 inches in
width, commonly known as the ``Big Grassy Trail'',
within the American Flag Special Management Area
designated by subsection (a)(1);
(B) the proposed trails, commonly known as the
``Crested Butte to Paonia Trail'' and the ``Crested
Butte to Carbondale Trail'', within the Beckwiths
Special Management Area designated by subsection
(a)(2);
(C) the proposed trails, commonly known as the
``Antelope Ridge Trail and Connector'', the ``East West
Antelope Trail'', the ``West Antelope Trail'', and the
``Mill Creek Connector'', within the McIntosh Mountain
Special Management Area designated by subsection
(a)(4);
(D) the proposed trail, commonly known as the
``Gunnison to Crested Butte Trail'', and the trails
generally depicted in figure 7 of the document entitled
``Candidate Conservation Agreement: For the Gunnison
sage-grouse, Centrocercus minimus--Gunnison Basin
Population'' and dated 2012 within the Signal Peak
Special Management Area designated by subsection
(a)(7);
(E) the proposed trails, commonly known as the
``Gunnison to Crested Butte Trail'' and the ``Baxter
Gulch to Splain's Gulch Trail'', in the Whetstone
Headwaters Special Management Area designated by
subsection (a)(9); or
(F) the proposed trail, commonly known as the
``Splain's Gulch to Carbon Creek Trail'', in the
Whetstone Headwaters Special Management Area designated
by subsection (a)(9).
SEC. 4. DESIGNATION OF WILDLIFE CONSERVATION AREAS.
(a) Designation.--
(1) Cabin creek wildlife conservation area.--Subject to
valid existing rights, certain Federal land in the County
managed by the Bureau of Land Management and the Forest Service
comprising approximately 29,518 acres, as generally depicted as
``Cabin Creek WCA'' on the map entitled ``Sheet 9: Cabin
Creek'' and dated August 27, 2024, is designated as the ``Cabin
Creek Wildlife Conservation Area''.
(2) Flat top wildlife conservation area.--Subject to valid
existing rights, certain Federal land in the County managed by
the Forest Service comprising approximately 28,844 acres, as
generally depicted as ``Flat Top WCA'' on the map entitled
``Sheet 8: Gunnison Valley and Ohio Pass'' and dated August 27,
2024, is designated as the ``Flat Top Wildlife Conservation
Area''.
(3) Lake gulch and cebolla creek wildlife conservation
area.--Subject to valid existing rights, certain Federal land
in the County managed by the Bureau of Land Management
comprising approximately 50,535 acres, as generally depicted as
``Lake Gulch and Cebolla Creek WCA'' on the map entitled
``Sheet 11: Lake Fork'' and dated August 27, 2024, is
designated as the ``Lake Gulch and Cebolla Creek Wildlife
Conservation Area''.
(4) Matchless wildlife conservation area.--Subject to valid
existing rights, certain Federal land in the County managed by
the Forest Service and the Bureau of Land Management comprising
approximately 12,975 acres, as generally depicted as
``Matchless WCA'' on the map entitled ``Sheet 4: Brush Creek,
Cement Creek, and Spring Creek'' and dated August 27, 2024, is
designated as the ``Matchless Wildlife Conservation Area''.
(5) Munsey creek wildlife conservation area.--Subject to
valid existing rights, certain Federal land in the County
managed by the Forest Service and the Bureau of Land Management
comprising