[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 764 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 764
To provide for the designation of certain wilderness areas, recreation
management areas, and conservation areas in the State of Colorado, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2025
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 provide for the designation of certain wilderness areas, recreation
management areas, and conservation areas in the State of Colorado, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Colorado Outdoor
Recreation and Economy Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of State.
TITLE I--CONTINENTAL DIVIDE
Sec. 101. Definitions.
Sec. 102. Colorado Wilderness additions.
Sec. 103. Williams Fork Mountains potential wilderness.
Sec. 104. Porcupine Gulch Wildlife Conservation Area.
Sec. 105. Williams Fork Mountains Wildlife Conservation Area.
Sec. 106. Spraddle Creek Wildlife Conservation Area.
Sec. 107. Sandy Treat Overlook.
Sec. 108. White River National Forest boundary modification.
Sec. 109. Rocky Mountain National Park potential wilderness boundary
adjustment.
Sec. 110. Administrative provisions.
TITLE II--SAN JUAN MOUNTAINS
Sec. 201. Definitions.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Special management areas.
Sec. 204. Release of wilderness study areas.
Sec. 205. Administrative provisions.
TITLE III--THOMPSON DIVIDE
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Thompson Divide Withdrawal and Protection Area.
Sec. 304. Thompson Divide lease credits.
Sec. 305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 306. Effect.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
Sec. 401. Definitions.
Sec. 402. Curecanti National Recreation Area.
Sec. 403. Acquisition of land; boundary management.
Sec. 404. General management plan.
Sec. 405. Boundary survey.
SEC. 2. DEFINITION OF STATE.
In this Act, the term ``State'' means the State of Colorado.
TITLE I--CONTINENTAL DIVIDE
SEC. 101. DEFINITIONS.
In this title:
(1) Covered area.--The term ``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).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 104(a);
(B) the Williams Fork Mountains Wildlife
Conservation Area designated by section 105(a); and
(C) the Spraddle Creek Wildlife Conservation Area
designated by section 106(a).
SEC. 102. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act of
1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated 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).
``(24) Hoosier 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 May 1, 2023, which shall be known as the
`Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately 7,624
acres, as generally depicted as `Proposed Tenmile Wilderness'
on the map entitled `Tenmile Proposal' and dated May 1, 2023,
which shall be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 7,634 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 April 26, 2022, which
shall be incorporated into, and managed as part of, the Eagles
Nest Wilderness designated by Public Law 94-352 (90 Stat.
870).''.
(b) 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.
(c) 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.
(d) 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--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(e) 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.
SEC. 103. WILLIAMS FORK MOUNTAINS POTENTIAL WILDERNESS.
(a) 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 8,036 acres, as
generally depicted as ``Proposed Williams Fork Mountains Wilderness''
on the map entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) 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--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) 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--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) 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.
(3) 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 in accordance with applicable laws
(including regulations).
(d) Range Improvements.--
(1) 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 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).
(2) 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).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180
days after the date of enactment this Act; and
(B) on the earliest of--
(i) 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;
(ii) the date described in subsection
(d)(2); and
(iii) the effective date of a determination
of the Secretary not to authorize livestock
grazing or other use by livestock under
subsection (c)(1).
(2) 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), except that any reference
in that Act to the effective date of that Act shall be
considered to be a reference to the date on which the Williams
Fork Mountains Wilderness is designated in accordance with
paragraph (1).
SEC. 104. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 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 June 24, 2019, are
designated as the ``Porcupine Gulch Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) 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.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) 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).
(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).
(C) Motorized vehicles and mechanized transport;
new or temporary roads.--
(i) 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.
(ii) 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.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads
or permitting the use of motorized
vehicles or mechanized transport to
carry out pre- or post-fire watershed
protection projects;
(III) authorizing the use of
motorized vehicles or mechanized
transport to carry out activities
described in subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) 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.
(d) 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 manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Regional Transportation Projects.--Nothing in this section or
section 110(f) precludes the Secretary from authorizing, in accordance
with applicable laws (including regulations) and subject to valid
existing rights, the use of the subsurface of the Wildlife Conservation
Area to construct, realign, operate, or maintain regional
transportation projects, including Interstate 70 and the Eisenhower-
Johnson Tunnels.
(f) 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.
SEC. 105. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 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 June 24, 2019, are designated as
the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) 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.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) 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).
(B) Motorized vehicles.--
(i) 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.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Wildlife