[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