IIA

103D CONGRESS

1ST SESSION H. R. 631

IN THE SENATE OF THE UNITED STATES

JULY 20 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

To designate certain lands in the State of Colorado as components of the National Wilderness Preservation System,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND DEFINITIONS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Colorado Wilderness Act of 1993’’.

6 (b) DEFINITIONS.—(1) As used in this Act with ref7 erence to lands in the National Forest System, the term

8 ‘‘the Secretary’’ means the Secretary of Agriculture.
2

•HR 631 RFS

1 (2) As used in this Act with respect to lands not in

2 the National Forest System, the term ‘‘the Secretary’’

3 means the Secretary of the Interior.

4 SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION

5 SYSTEM.

6 (a) ADDITIONS.—The following lands in the State of

7 Colorado are hereby designated as wilderness and, there8 fore, as components of the National Wilderness Preserva9 tion System:

10 (1) Certain lands in the Gunnison Resource

11 Area administered by the Bureau of Land Manage12 ment which comprise approximately 3,390 acres, as

13 generally depicted on a map entitled ‘‘American

14 Flats Additions to the Big Blue Wilderness Proposal

15 (American Flats)’’, dated January, 1993, and which

16 are hereby incorporated in and shall be deemed to

17 be a part of the wilderness area designated by sec18 tion 102(a)(1) of Public Law 96–560 and renamed

19 Uncompahgre Wilderness by section 3(f) of this Act.

20 (2) Certain lands in the Gunnison Resource

21 Area administered by the Bureau of Land Manage22 ment which comprise approximately 815 acres, as

23 generally depicted on a map entitled ‘‘Bill Hare

24 Gulch and Larson Creek Additions to the Big Blue

25 Wilderness’’, dated January, 1993, and which are
3

•HR 631 RFS

1 hereby incorporated in and shall be deemed to be a

2 part of the wilderness area designated by section

3 102(a)(1) of Public Law 96–560 and renamed

4 Uncompahgre Wilderness by section 3(f) of this Act.

5 (3) Certain lands in the Pike and San Isabel

6 National Forests which comprise approximately

7 43,410 acres, as generally depicted on a map enti8 tled ‘‘Buffalo Peaks Wilderness Proposal’’, dated

9 January, 1993, and which shall be known as the

10 Buffalo Peaks Wilderness.

11 (4) Certain lands in the Gunnison National

12 Forest and in the Powderhorn Primitive Area ad13 ministered by the Bureau of Land Management

14 which comprise approximately 60,100 acres, as gen15 erally depicted on a map entitled ‘‘Powderhorn Wil16 derness Proposal’’, dated January, 1993, and which

17 shall be known as the Powderhorn Wilderness.

18 (5) Certain lands in the Routt National Forest

19 which comprise approximately 20,750 acres, as gen20 erally depicted on a map entitled ‘‘Davis Peak Addi21 tions to Mount Zirkel Wilderness Proposal’’, dated

22 January, 1993, and which are hereby incorporated

23 in and shall be deemed to be a part of the Mount

24 Zirkel Wilderness designated by Public Law 88–555,

25 as amended by Public Law 96–560.
4

•HR 631 RFS

1 (6) Certain lands in the Gunnison National

2 Forests which comprise approximately 33,060 acres,

3 as generally depicted on a map entitled ‘‘Fossil

4 Ridge Wilderness Proposal’’, dated January, 1993,

5 and which shall be known as the Fossil Ridge Wil6 derness.

7 (7) Certain lands in the San Isabel National

8 Forest which comprise approximately 22,040 acres,

9 as generally depicted on a map entitled ‘‘Greenhorn

10 Mountain Wilderness Proposal’’, dated January,

11 1993, and which shall be known as the Greenhorn

12 Mountain Wilderness.

13 (8) Certain lands within the Pike National For14 est which comprise approximately 14,700 acres, as

15 generally depicted on a map entitled ‘‘Lost Creek

16 Wilderness Addition Proposal’’, dated January,

17 1993, which are hereby incorporated in and shall be

18 deemed to be a part of the Lost Creek Wilderness

19 designated by Public Law 96–560: Provided, That

20 the Secretary is authorized to acquire, only by dona21 tion or exchange, various mineral reservations held

22 by the State of Colorado within the boundaries of

23 the Lost Creek Wilderness additions designated by

24 this Act.
5

•HR 631 RFS

1 (9) Certain lands in the Gunnison National

2 Forests which comprise approximately 5,500 acres,

3 as generally depicted on a map entitled ‘‘O-Be-Joy4 ful Addition to the Raggeds Wilderness Proposal’’,

5 dated January, 1993, and which are hereby incor6 porated in and shall be deemed to be a part of the

7 Raggeds Wilderness designated by Public Law 96–

8 560.

9 (10) Certain lands in the Rio Grande and San

10 Isabel National Forests and lands in the San Luis

11 Resource Area administered by the Bureau of Land

12 Management which comprise approximately 226,455

13 acres, as generally depicted on four maps entitled

14 ‘‘Sangre de Cristo Wilderness Proposal (North Sec15 tion)’’, ‘‘Sangre de Cristo Wilderness Proposal

16 (North Middle Section)’’, ‘‘Sangre de Cristo Wilder17 ness Proposal (South Middle Section)’’, and ‘‘Sangre

18 de Cristo Wilderness Proposal (South Section)’’, all

19 dated January, 1993, and which shall be known as

20 the Sangre de Cristo Wilderness.

21 (11) Certain lands in the Routt National Forest

22 which comprise approximately 47,140 acres, as gen23 erally depicted on a map entitled ‘‘Service Creek

24 Wilderness Proposal (Sarvis Creek Wilderness)’’,
6

•HR 631 RFS

1 dated January, 1993, and which shall be known as

2 the Sarvis Creek Wilderness.

3 (12) Certain lands in the San Juan National

4 Forest which comprise approximately 31,100 acres,

5 as generally depicted on two maps, one entitled

6 ‘‘South San Juan Wilderness Expansion Proposal,

7 Montezuma Peak’’ and the other entitled ‘‘South

8 San Juan Wilderness Expansion Proposal, V-Rock

9 Trail’’, both dated January, 1993, and which are

10 hereby incorporated in and shall be deemed to be a

11 part of the South San Juan Wilderness designated

12 by Public Law 96–560.

13 (13) Certain lands in the White River National

14 Forest which comprise approximately 8,330 acres, as

15 generally depicted on a map entitled ‘‘Spruce Creek

16 Addition to the Hunter-Fryingpan Wilderness Pro17 posal’’, dated January, 1993, and which are hereby

18 incorporated in and shall be deemed to be part of

19 the Hunter Fryingpan Wilderness designated by

20 Public Law 95–327: Provided, That no right, or

21 claim of right, to the diversion and use of waters by

22 the Fryingpan–Arkansas Project shall be prejudiced,

23 expanded, diminished, altered, or affected by this

24 Act, nor shall anything in this Act be construed to

25 expand, abate, impair, impede, limit, interfere with,
7

•HR 631 RFS

1 or prevent the construction, operation, use, mainte2 nance, or repair of the project facilities and diver3 sion systems to their full extent.

4 (14) Certain lands in the Arapaho National

5 Forest which comprise approximately 8,095 acres, as

6 generally depicted on a map entitled ‘‘Byers Peak

7 Wilderness Proposal’’, dated January, 1993, and

8 which shall be known as the Byers Peak Wilderness.

9 (15) Certain lands in the Arapaho National

10 Forest which comprise approximately 12,300 acres,

11 as generally depicted on a map entitled ‘‘Vasquez

12 Peak Wilderness Proposal’’, dated January, 1993,

13 and which shall be known as the Vasquez Peak

14 Wilderness.

15 (16) Certain lands in the San Juan National

16 Forest which comprise approximately 28,740 acres,

17 as generally depicted on a map entitled ‘‘West Nee18 dle Wilderness Proposal and Weminuche Additions’’,

19 dated January, 1993, and which are hereby incor20 porated in and shall be deemed to be a part of the

21 Weminuche Wilderness designated by Public Law

22 93–632, as amended by Public Law 96–560.

23 (17) Certain lands in the Rio Grande National

24 Forest which comprise approximately 25,640 acres,

25 as generally depicted on a map entitled ‘‘Wheeler
8

•HR 631 RFS

1 Addition to the La Garita Wilderness Proposal’’,

2 dated January, 1993, and which shall be incor3 porated in and shall be deemed to be a part of the

4 La Garita Wilderness designated by Public Law 96–

5 560.

6 (18) Certain lands in the Arapaho National

7 Forest which comprise approximately 13,175 acres,

8 as generally depicted on a map entitled ‘‘Farr Wil9 derness Proposal’’, dated January, 1993, and which

10 shall be known as the Ptarmigan Peak Wilderness.

11 (19) Certain lands in the Arapaho National

12 Forest which comprise approximately 6,990 acres, as

13 generally depicted on a map entitled ‘‘Bowen Gulch

14 Additions to Never Summer Wilderness Proposal’’,

15 dated January, 1993, and which are hereby incor16 porated in and shall be deemed to be a part of the

17 Never Summer Wilderness designated by Public Law

18 96–560.

19 (b) MAPS AND DESCRIPTIONS.—As soon as prac20 ticable after the date of enactment of this Act, the appro21 priate Secretary shall file a map and a boundary descrip22 tion of each area designated as wilderness by this Act with

23 the Committee on Energy and Natural Resources of the

24 United States Senate and the Committee on Natural Re25 sources of the United States House of Representatives.
9

•HR 631 RFS

1 Each map and description shall have the same force and

2 effect as if included in this Act, except that the appro3 priate Secretary is authorized to correct clerical and typo4 graphical errors in such boundary descriptions and maps.

5 Such maps and boundary descriptions shall be on file and

6 available for public inspection in the Office of the Chief

7 of the Forest Service, Department of Agriculture, and the

8 Office of the Director of the Bureau of Land Management,

9 Department of the Interior, as appropriate.

10 SEC. 3. ADMINISTRATIVE PROVISIONS.

11 (a) IN GENERAL.—(1) Subject to valid existing

12 rights, lands designated as wilderness by this Act shall be

13 managed by the Secretary of Agriculture or the Secretary

14 of the Interior, as appropriate, in accordance with the Wil15 derness Act (16 U.S.C. 1131 et seq.) and this Act, except

16 that, with respect to any wilderness areas designated by

17 this Act, any reference in the Wilderness Act to the effec18 tive date of the Wilderness Act shall be deemed to be a

19 reference to the date of enactment of this Act.

20 (2) Administrative jurisdiction over those lands des21 ignated as wilderness pursuant to paragraphs (2) and (10)

22 of section 2(a) of this Act, and which, as of the date of

23 enactment of this Act, are administered by the Bureau

24 of Land Management, is hereby transferred to the Forest
10

•HR 631 RFS

1 Service and such lands are hereby added to the appro2 priate National Forest.

3 (b) GRAZING.—Grazing of livestock in wilderness

4 areas designated by this Act shall be administered in

5 accordance with the provisions of section 4(d)(4) of the

6 Wilderness Act (16 U.S.C. 1133(d)(4)), as further

7 interpreted by section 108 of Public Law 96–560, and,

8 as regards wilderness managed by the Bureau of Land

9 Management, the guidelines set forth in Appendix A of

10 House Report 101–405 of the 101st Congress.

11 (c) STATE JURISDICTION.—As provided in section

12 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),

13 nothing in this Act shall be construed as affecting the ju14 risdiction or responsibilities of the State of Colorado with

15 respect to wildlife and fish in Colorado.

16 (d) CONFORMING AMENDMENT.—Section 2(e) of the

17 Endangered American Wilderness Act of 1978 (92 Stat.

18 41) is amended by striking ‘‘Subject to’’ and all that

19 follows through ‘‘System.’’.

20 (e) BUFFER ZONES.—Congress does not intend that

21 the designation by this Act of wilderness areas in the State

22 of Colorado creates or implies the creation of protective

23 perimeters or buffer zones around any wilderness area.

24 The fact that nonwilderness activities or uses can be seen

25 or heard from within a wilderness area shall not, of itself,
11

•HR 631 RFS

1 preclude such activities or uses up to the boundary of the

2 wilderness area.

3 (f) WILDERNESS NAME CHANGE.—The wilderness

4 area designated as ‘‘Big Blue Wilderness’’ by section

5 102(a)(1) of Public Law 96–560, and the additions there6 to made by paragraphs (1) and (2) of section 2(a) of this

7 Act, shall hereafter be known as the Uncompahgre Wilder8 ness. Any reference to the Big Blue Wilderness in any law,

9 regulation, map, document, record, or other paper of the

10 United States shall be considered to be a reference to the

11 Uncompahgre Wilderness.

12 (g) BOUNDARIES AND AUTHORIZATIONS TO USE

13 LANDS.—(1) For the purpose of section 7 of the Land

14 and Water Conservation Fund Act of 1965 (16 U.S.C.

15 4601–9), the boundaries of affected National Forests, as

16 modified by this section, shall be considered to be the

17 boundaries of such National Forests as of January 1,

18 1965.

19 (2) Nothing in this subsection shall affect valid exist20 ing rights of any person under the authority of law.

21 (3) Authorizations to use lands transferred by this

22 section which were issued prior to the date of enactment

23 of this Act shall remain subject to the laws and regulations

24 under which they were issued, to the extent consistent with

25 this Act. Such authorizations shall be administered by the
12

•HR 631 RFS

1 Secretary of Agriculture. Any renewal or extension of such

2 authorizations shall be subject to the laws and regulations

3 pertaining to the Forest Service, Department of Agri4 culture, and the applicable law, including this Act. The

5 change of administrative jurisdiction resulting from the

6 enactment of this section shall not in itself constitute a

7 basis for denying or approving the renewal or reissuance

8 of any such authorization.

9 SEC. 4. WILDERNESS RELEASE.

10 (a) REPEAL OF WILDERNESS STUDY PROVISIONS.—

11 Sections 105 and 106 of the Act of December 22, 1980

12 (Public Law 96–560), are hereby repealed.

13 (b) INITIAL PLANS.—Section 107(b)(2) of the Act of

14 December 22, 1980 (Public Law 96–560), is amended by

15 striking out ‘‘except those lands remaining in further plan16 ning upon enactment of this Act, areas listed in section

17 105 and 106 of this Act, or previously congressionally des18 ignated wilderness study areas,’’.

19 SEC. 5. FOSSIL RIDGE RECREATION MANAGEMENT AREA.

20 (a) ESTABLISHMENT.—(1) In order to conserve, pro21 tect, and enhance the scenic, wildlife, recreational, and

22 other natural resource values of the Fossil Ridge area,

23 there is hereby established the Fossil Ridge Recreation

24 Management Area (hereinafter referred to as the ‘‘recre25 ation management area’’).
13

•HR 631 RFS

1 (2) The recreation management area shall consist of

2 certain lands in the Gunnison National Forest, Colorado,

3 which comprise approximately 43,900 acres, as generally

4 depicted as ‘‘Area A’’ on a map entitled ‘‘Fossil Ridge

5 Wilderness Proposal’’, dated January, 1993.

6 (b) ADMINISTRATION.—The Secretary of Agriculture

7 shall administer the recreation management area in ac8 cordance with this section and the laws and regulations

9 generally applicable to the National Forest System.

10 (c) WITHDRAWAL.—Subject to valid existing rights,

11 all lands within the recreation management area are here12 by withdrawn from all forms of entry, appropriation, or

13 disposal under the public land laws, from location, entry,

14 and patent under the mining laws, and from disposition

15 under the mineral and geothermal leasing laws, including

16 all amendments thereto.

17 (d) TIMBER HARVESTING.—No timber harvesting

18 shall be allowed within the recreation management area

19 except to the extent that would be permitted in wilderness

20 under section 4(d)(1) of the Wilderness Act for necessary

21 control of fire, insects, and diseases, and for public safety.

22 (e) LIVESTOCK GRAZING.—The designation of the

23 recreation management area shall not be construed to pro24 hibit, or change the administration of, the grazing of live25 stock within the recreation management area.
14

•HR 631 RFS

1 (f) DEVELOPMENT.—No developed campgrounds

2 shall be constructed within the recreation management

3 area. After the date of enactment of this Act, no new roads

4 or trails may be constructed within the recreation manage5 ment area.

6 (g) OFF-ROAD RECREATION.—Motorized travel shall

7 be permitted within the recreation management area only

8 on those established trails and routes existing as of July

9 1, 1991, on which such travel was permitted as of such

10 date, except that other trails and routes may be used

11 where necessary for administrative purposes or to respond

12 to an emergency. No later than one year after the date

13 of enactment of this Act, the Secretary shall identify such

14 routes and trials and shall prepare and make available to

15 the public a map showing such routes and trials. Nothing

16 in this subsection shall be construed as precluding the Sec17 retary from closing any trail or route from use for pur18 poses of resource protection or public safety.

19 SEC. 6. BOWEN GULCH PROTECTION AREA.

20 (a) ESTABLISHMENT.—(1) There is hereby estab21 lished in the Arapaho National Forest, Colorado, the

22 Bowen Gulch Protection Area (hereinafter in this Act

23 referred to as the ‘‘protection area’’).

24 (2) The protection area shall consist of certain lands

25 in the Arapaho National Forest, Colorado, which comprise
15

•HR 631 RFS

1 approximately 11,600 acres, as generally depicted as

2 ‘‘Area A’’ on a map entitled ‘‘Bowen Gulch Additions to

3 Never Summer Wilderness Proposal’’, dated January,

4 1993.

5 (b) ADMINISTRATION.—The Secretary shall admin6 ister the protection area in accordance with this section

7 and the laws and regulations generally applicable to the

8 National Forest System.

9 (c) WITHDRAWAL.—Subject to valid existing rights,

10 all lands within the protection area are hereby withdrawn

11 from all forms of entry, appropriation, or disposal under

12 the public land laws, from location, entry, and patent

13 under the mining laws, and from disposition under the

14 mineral and geothermal leasing laws, including all amend15 ments thereto.

16 (d) DEVELOPMENT.—No developed campgrounds

17 shall be constructed within the protection area. After the

18 date of enactment of this Act, no new roads or trails may

19 be constructed within the protection area.

20 (e) TIMBER HARVESTING.—No timber harvesting

21 shall be allowed within the protection area except to the

22 extent that would be permitted in wilderness under section

23 4(d)(1) of the Wilderness Act for necessary control of fire,

24 insects, and diseases, and for public safety.
16

•HR 631 RFS

1 (f) MOTORIZED TRAVEL.—Motorized travel shall be

2 permitted within the protection area only on those des3 ignated trails and routes existing as of July 1, 1991, and

4 only during periods of adequate snow cover. At all other

5 times, mechanized, non-motorized travel shall be per6 mitted within the protection area.

7 (g) MANAGEMENT PLAN.—During the revision of the

8 Land and Resource Management Plan for the Arapaho

9 National Forest, the Forest Service shall develop a man10 agement plan for the protection area, after providing for

11 public comment.

12 SEC. 7. OTHER LANDS.

13 Nothing in this Act shall affect ownership or use of

14 lands or interests therein not owned by the United States

15 or access to such lands available under other applicable

16 law.

17 SEC. 8. WATER.

18 (a) FINDINGS, PURPOSE, AND DEFINITION.—(1)

19 Congress finds that—

20 (A) the lands designated as wilderness by this

21 Act are located at the headwaters of the streams

22 and rivers on those lands, with few, if any, actual or

23 proposed water resource facilities located upstream

24 from such lands and few, if any, opportunities for

25 diversion, storage, or other uses of water occurring
17

•HR 631 RFS

1 outside such lands that would adversely affect the

2 wilderness values of such lands; and

3 (B) the lands designated as wilderness by this

4 Act are not suitable for use for development of new

5 water resource facilities, or for the expansion of ex6 isting facilities; and

7 (C) therefore, it is possible to provide for prop8 er management and protection of the wilderness

9 value of such lands in ways different from those uti10 lized in other legislation designating as wilderness

11 lands not sharing the attributes of the lands des12 ignated as wilderness by this Act.

13 (2) The purpose of this section is to protect the wil14 derness values of the lands designated as wilderness by

15 this Act by means other than those based on a Federal

16 reserved water right.

17 (3) As used in this section, the term ‘‘water resource

18 facility’’ means irrigation and pumping facilities, res19 ervoirs, water conservation works, aqueducts, canals,

20 ditches, pipelines, wells, hydropower projects, and trans21 mission and other ancillary facilities, and other water di22 version, storage, and carriage structures.

23 (b) RESTRICTIONS ON RIGHTS AND DISCLAIMER OF

24 EFFECT.—(1) Neither the Secretary of Agriculture nor

25 the Secretary of the Interior, nor any other officer, em-
18

•HR 631 RFS

1 ployee, representative, or agent of the United States, nor

2 any other person, shall assert in any court or agency, nor

3 shall any court or agency consider, any claim to or for

4 water or water rights in the State of Colorado, which is

5 based on any construction of any portion of this Act, or

6 the designation of any lands as wilderness by this Act,

7 as constituting an express or implied reservation of water

8 or water rights.

9 (2)(A) Nothing in this Act shall constitute or be con10 strued to constitute either an express or implied reserva11 tion of any water or water rights with respect to the

12 Piedra, Roubideau, and Tabeguache areas identified in

13 section 9 of this Act, or the Bowen Gulch Protection Area

14 or the Fossil Ridge Recreation Management Area identi15 fied in sections 5 and 6 of this Act.

16 (B) Nothing in this Act shall be construed as a cre17 ation, recognition, disclaimer, relinquishment, or reduction

18 of any water rights of the United States in the State of

19 Colorado existing before the date of enactment of this Act,

20 except as provided in subsection (g)(2) of this section.

21 (C) Except as provided in subsection (g) of this sec22 tion, nothing in this Act shall be construed as constituting

23 an interpretation of any other Act or any designation

24 made by or pursuant thereto.
19

•HR 631 RFS

1 (D) Nothing in this section shall be construed as es2 tablishing a precedent with regard to any future wilder3 ness designations.

4 (c) NEW OR EXPANDED PROJECTS.—Notwithstand5 ing any other provision of law, on and after the date of

6 enactment of this Act neither the President nor any other

7 officer, employee, or agent of the United States shall fund,

8 assist, authorize, or issue a license or permit for the devel9 opment of any new water resource facility within the areas

10 described in sections 2, 5, 6, and 9 of this Act or the en11 largement of any water resource facility within the areas

12 described in sections 2, 5, 6, and 9 of this Act.

13 (d) ACCESS AND OPERATION.—(1) Subject to the

14 provisions of this subsection (d), the Secretary shall allow

15 reasonable access to water resource facilities in existence

16 on the date of enactment of this Act within the areas de17 scribed in sections 2, 5, 6, and 9 of this Act, including

18 motorized access where necessary and customarily em19 ployed on routes existing as of the date of enactment of

20 this Act.

21 (2) Existing access routes within such areas cus22 tomarily employed as of the date of enactment of this Act

23 may be used, maintained, repaired, and replaced to the

24 extent necessary to maintain their present function, de25 sign, and serviceable operation, so long as such activities
20

•HR 631 RFS

1 have no increased adverse impacts on the resources and

2 values of the areas described in sections 2, 5, 6, and 9

3 of this Act than existed as of the date of enactment of

4 this Act.

5 (3) Subject to the provisions of subsections (c) and

6 (d), the Secretary shall allow water resource facilities ex7 isting on the date of enactment of this Act within areas

8 described in sections 2, 5, 6, and 9 of this Act to be used,

9 operated, maintained, repaired, and replaced to the extent

10 necessary for the continued exercise, in accordance with

11 Colorado state law, of vested water rights adjudicated for

12 use in connection with such facilities by a court of com13 petent jurisdiction prior to the date of enactment of this

14 Act: Provided, That the impact of an existing facility on

15 the water resources and values of the area shall not be

16 increased as a result of changes in the adjudicated type

17 of use of such facility as of the date of enactment of this

18 Act.

19 (4) Water resource facilities, and access routes serv20 ing such facilities, existing within the areas described in

21 sections 2, 5, 6, and 9 of this Act on the date of enactment

22 of this Act shall be maintained and repaired when and

23 to the extent necessary to prevent increased adverse im24 pacts on the resources and values of the areas described

25 in sections 2, 5, 6, and 9 of this Act.
21

•HR 631 RFS

1 (e) EXISTING PROJECTS.—Except as provided in

2 subsections (c) and (d) of this section, the provisions of

3 this Act related to the areas described in sections 2, 5,

4 6, and 9 of this Act, and the inclusion in the National

5 Wilderness Preservation System of the areas described in

6 section 2 of this Act, shall not be construed to affect or

7 limit the use, operation, maintenance, repair, modification,

8 or replacement of water resources facilities in existence on

9 the date of enactment of this Act within the boundaries

10 of the areas described in sections 2, 5, 6, and 9 of this

11 Act.

12 (f) MONITORING AND IMPLEMENTATION.—The Sec13 retaries of Agriculture and the Interior shall monitor the

14 operation of and access to water resource facilities within

15 the areas described in sections 2, 5, 6, and 9 of this Act

16 and take all steps necessary to implement the provisions

17 of this section.

18 (g) INTERSTATE COMPACTS AND NORTH PLATTE

19 RIVER.—(1) Nothing in this Act, and nothing in any pre20 vious Act designating any lands as wilderness, shall be

21 construed as limiting, altering, modifying, or amending

22 any of the interstate compacts or equitable apportionment

23 decrees that apportion water among and between the State

24 of Colorado and other States. Except as expressly provided

25 in this section, nothing in this Act shall affect or limit
22

•HR 631 RFS

1 the development or use by existing and future holders of

2 vested water rights of Colorado’s full apportionment of

3 such waters.

4 (2) Notwithstanding any other provision of law, nei5 ther the Secretary of Agriculture nor any other officer,

6 employee, or agent of the United States, or any other per7 son, shall assert in any court or agency of the United

8 States or any other jurisdiction any rights, and no court

9 or agency of the United States shall consider any claim

10 or defense asserted by any person based upon such rights,

11 which may be determined to have been established for wa12 ters of the North Platte River for purposes of the Platte

13 River Wilderness Area established by Public Law 98–550,

14 located on the Colorado-Wyoming State boundary, to the

15 extent such rights would limit the use or development of

16 water within Colorado by present and future holders of

17 vested water rights in the North Platte River and its tribu18 taries, to the full extent allowed under interstate compact

19 or United States Supreme Court equitable decree. Any

20 such rights shall be exercised as if junior to, in a manner

21 so as not to prevent, the use or development of Colorado’s

22 full entitlement to interstate waters of the North Platte

23 River and its tributaries within Colorado allowed under

24 interstate compact or United States Supreme Court equi25 table decree.
23

•HR 631 RFS

1 SEC. 9. PIEDRA, ROUBIDEAU, AND TABEGUACHE AREAS.

2 (a) AREAS.—The provisions of this section shall

3 apply to the following areas:

4 (1) Certain lands in the San Juan National

5 Forest, Colorado, comprising approximately 62,550

6 acres, as generally depicted on the map entitled

7 ‘‘Piedra Area’’ dated January, 1993;

8 (2) Certain lands in the Uncompahgre National

9 Forest, Colorado, comprising approximately 19,650

10 acres, as generally depicted on the map entitled

11 ‘‘Roubideau Area’’ dated January, 1993; and

12 (3) Certain lands in the Uncompahgre National

13 Forest, Colorado and in the San Juan Resource

14 Area administered by the Bureau of Land Manage15 ment, comprising approximately 17,240 acres, as

16 generally depicted on the map entitled ‘‘Tabeguache

17 Area’’ dated January, 1993.

18 (b) MANAGEMENT.—(1) Subject to valid existing

19 rights, the areas described in subsection (a) are withdrawn

20 from all forms of location, leasing, patent, disposition, or

21 disposal under public land, mining, and mineral and geo22 thermal leasing laws of the United States.

23 (2) The areas described in subsection (a) shall not

24 be subject to any obligation to further study such lands

25 for wilderness designation.
24

•HR 631 RFS

1 (3) Until Congress determines otherwise, and subject

2 to the provisions of section 8 of this Act, activities within

3 such areas shall be managed by the Secretary of Agri4 culture and the Secretary of the Interior, as appropriate,

5 so as to maintain the areas’ presently existing wilderness

6 character and potential for inclusion in the National

7 Wilderness Preservation System.

8 (4) Livestock grazing in such areas shall be permitted

9 and managed to the same extent and in the same manner

10 as of the date of enactment of this Act. Except as provided

11 by this Act, mechanized or motorized travel shall not be

12 permitted in such areas: Provided, That the Secretary may

13 permit motorized travel on trail number 535 in the San

14 Juan National Forest during periods of adequate snow

15 cover.

16 (c) DATA COLLECTION.—The Secretary of Agri17 culture and the Secretary of the Interior, in consultation

18 with the Colorado Water Conservation Board, shall com19 pile data concerning the water resources of the areas de20 scribed in subsection (a) and existing and proposed water

21 resource facilities affecting such values.

22 SEC. 10. SPANISH PEAKS PLANNING AREA STUDY.

23 (a) REPORT.—Not later than three years from the

24 date of enactment of this Act, the Secretary shall report

25 to the Committee on Natural Resources of the United
25

•HR 631 RFS

1 States House of Representatives and the Committee on

2 Energy and Natural Resources of the United States Sen3 ate on the status of private property interests located

4 within the Spanish Peaks planning area of the San Isabel

5 National Forest in Colorado, as generally depicted on a

6 map entitled ‘‘Spanish Peaks Further Planning Area

7 Study’’, dated January, 1993.

8 (b) CONTENTS OF REPORT.—The report required by

9 this section shall identify the location of all private prop10 erty situated within the exterior boundaries of the Spanish

11 Peaks planning area; the nature of such property inter12 ests; the acreage of such private property interests; and

13 the Secretary’s views on whether the owners of said prop14 erties would be willing to enter into either a sale or ex15 change of these properties at fair market value if such a

16 transaction became available in the near future.

17 (c) NO AUTHORIZATION OF EMINENT DOMAIN.—

18 Nothing contained in this Act authorizes, and nothing in

19 this Act shall be construed to authorize, the acquisition

20 of real property by eminent domain.

21 (d) MANAGEMENT.—Notwithstanding the provisions

22 of section 4(a) of this Act, for a period of three years from

23 the date of enactment of this Act, the Secretary shall man24 age the Spanish Peaks planning area as provided by sec25 tion 105(c) of Public Law 96–560.
26

•HR 631 RFS

1 SEC. 11. PUMPING PLANT NAME CHANGE.

2 The facility of the Bureau of Reclamation, Depart3 ment of the Interior, known as the Granby Pumping Plant

4 of the Colorado-Big Thompson Project, in the State of

5 Colorado, shall hereafter be known as the Farr Pumping

6 Plant. Any reference to the Granby Pumping Plant in any

7 law, regulation, map, document, record, or other paper of

8 the United States shall be considered to be a reference

9 to the Farr Pumping Plant.

Passed the House of Representatives July 19, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.

HR 631 RFS——2

HR 631 RFS——3