[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