II 

113TH CONGRESS 

1ST SESSION S. 1794 

To designate certain Federal land in Chaffee County, Colorado, as a national 

monument and as wilderness. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2013 

Mr. UDALL of Colorado introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

A BILL 

To designate certain Federal land in Chaffee County, 

Colorado, as a national monument and as wilderness. 

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. 

4 This Act may be cited as the ‘‘Browns Canyon Na5 tional Monument and Wilderness Act of 2013’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) certain Federal land in the Pike and San 

9 Isabel National Forests and certain Federal land 

10 managed by the Bureau of Land Management in 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•S 1794 IS

1 Chaffee County, Colorado, known as ‘‘Browns Can2 yon’’ contain nationally significant biological, cul3 tural, recreational, natural, wilderness, historic, sce4 nic, riparian, geological, educational, and scientific 

5 values; 

6 (2) Browns Canyon provides world class oppor7 tunities for fishing, hunting, boating, hiking, horse8 back riding, recreational gold-panning, picnicking, 

9 wildlife watching, and camping; 

10 (3) permanently protecting the values described 

11 in paragraph (1) while sustaining the local ranching 

12 economy would enhance the economic prosperity of 

13 local communities that depend on the area; and 

14 (4) designating the Browns Canyon National 

15 Monument and the Browns Canyon Wilderness 

16 would maintain and protect the world class rec17 reational opportunities within the Arkansas Head18 waters Recreation Area. 

19 (b) PURPOSES.—The purposes of this Act are— 

20 (1) to preserve the nationally significant biologi21 cal, cultural, recreational, natural, wilderness, his22 toric, scenic, riparian, geological, educational, and 

23 scientific values found within the National Monu24 ment; 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•S 1794 IS

1 (2) to sustain traditional uses in the Browns 

2 Canyon area, including hunting, angling, livestock 

3 grazing, commercial outfitting, and boating; 

4 (3) to provide visitors the opportunity to enjoy 

5 and learn about the biological, cultural, recreational, 

6 natural, wilderness, historic, scenic, riparian, geo7 logical, educational, and scientific values and tradi8 tional uses of the National Monument; 

9 (4) to designate certain land within the Na10 tional Monument as wilderness; 

11 (5) to protect important big game wildlife habi12 tat and the backcountry character of certain Na13 tional Forest System land within the National 

14 Monument that is not designated as wilderness; 

15 (6) to provide for cooperative management of 

16 the National Monument by the Bureau of Land 

17 Management and the Forest Service; and 

18 (7) to preserve the existing cooperative manage19 ment of the Arkansas Headwaters Recreation Area. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) MANAGEMENT PLAN.—The term ‘‘manage23 ment plan’’ means the management plan developed 

24 under section 8. 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•S 1794 IS

1 (2) MAP.—The term ‘‘Map’’ means the map en2 titled ‘‘Browns Canyon National Monument’’ and 

3 dated November 7, 2013. 

4 (3) NATIONAL MONUMENT.—The term ‘‘Na5 tional Monument’’ means the Browns Canyon Na6 tional Monument established by section 4(a). 

7 (4) SECRETARY CONCERNED.—The term ‘‘Sec8 retary concerned’’ means— 

9 (A) the Secretary of Agriculture, with re10 spect to National Forest System land; and 

11 (B) the Secretary of the Interior, with re12 spect to Bureau of Land Management land. 

13 (5) STATE.—The term ‘‘State’’ means the State 

14 of Colorado. 

15 (6) WILDERNESS.—The term ‘‘Wilderness’’ 

16 means the Browns Canyon Wilderness designated by 

17 section 2(a)(22) of the Colorado Wilderness Act of 

18 1993 (16 U.S.C. 1132 note; Public Law 103–77; 

19 107 Stat. 756) (as added by section 5(a)). 

20 SEC. 4. ESTABLISHMENT OF BROWNS CANYON NATIONAL 

21 MONUMENT. 

22 (a) IN GENERAL.—Subject to valid existing rights, 

23 there is established in the State the Browns Canyon Na24 tional Monument to preserve the nationally significant bio25 logical, cultural, recreational, natural, wilderness, historic, 


pwalker on DSK7TPTVN1PROD with BILLS
5 

•S 1794 IS

1 scenic, riparian, geological, educational, and scientific val2 ues found within the National Monument. 

3 (b) BOUNDARIES.— 

4 (1) IN GENERAL.—The National Monument 

5 shall consist of approximately 22,000 acres of public 

6 land, as generally depicted on the Map. 

7 (2) ARKANSAS RIVER.— 

8 (A) IN GENERAL.—In areas in which the 

9 Arkansas River is used as a reference for defin10 ing the boundary of the National Monument, 

11 the boundary shall— 

12 (i) be located at the edge of the Ar13 kansas River; and 

14 (ii) change according to the level of 

15 the Arkansas River. 

16 (B) EXCLUSION FROM NATIONAL MONU17 MENT.—Regardless of the level of the Arkansas 

18 River, no portion of the Arkansas River shall be 

19 included in the National Monument. 

20 (3) ROAD OFFSET.—The boundary of any por21 tion of the National Monument that is bordered by 

22 a road shall be set back 100 feet from the centerline 

23 of the road. 


pwalker on DSK7TPTVN1PROD with BILLS
6 

•S 1794 IS

1 SEC. 5. DESIGNATION OF BROWNS CANYON WILDERNESS. 

2 (a) DESIGNATION.—Section 2(a) of the Colorado Wil3 derness Act of 1993 (16 U.S.C. 1132 note; Public Law 

4 103–77; 107 Stat. 756; 116 Stat. 1055) is amended by 

5 adding at the end the following: 

6 ‘‘(22) BROWNS CANYON WILDERNESS.—Certain 

7 Federal land in Chaffee County, Colorado, com8 prising approximately 7,900 acres of land managed 

9 by the Bureau of Land Management and 2,500 

10 acres in the Pike and San Isabel National Forests, 

11 to be known as the ‘Browns Canyon Wilderness’.’’. 

12 (b) BOUNDARY.—Section 3 of the Colorado Wilder13 ness Act of 1993 (16 U.S.C. 1132 note; Public Law 103– 

14 77; 107 Stat. 759) is amended by adding at the end the 

15 following: 

16 ‘‘(h) BOUNDARY OF BROWNS CANYON WILDER17 NESS.— 

18 ‘‘(1) WESTERN BOUNDARY OFFSET.—The west19 ern boundary of any portion of the wilderness des20 ignated by section 2(a)(22) that is formed by the 

21 Arkansas River or the railroad right-of-way shall be 

22 set back 150 feet inland on the East side and meas23 ured perpendicular to the Arkansas River or the 

24 eastern edge of the legal right-of-way of the railroad 

25 line, whichever is farthest East, but in no case shall 


pwalker on DSK7TPTVN1PROD with BILLS
7 

•S 1794 IS

1 the Browns Canyon Wilderness extend within 150 

2 feet of either the railroad or the Arkansas River. 

3 ‘‘(2) ROAD OFFSET.—The boundary of any por4 tion of the wilderness designated by section 2(a)(22) 

5 that is bordered by a road shall be set back 100 feet 

6 from the centerline of the road.’’. 

7 (c) EFFECTIVE DATE.—Any reference in the Wilder8 ness Act (16 U.S.C. 1131 et seq.) to the effective date 

9 of that Act shall be considered to be a reference to the 

10 date of enactment of this Act for purposes of admin11 istering the wilderness area designated by section 2(a)(22) 

12 of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 

13 note; Public Law 103–77; 107 Stat. 756, 114 Stat. 1955, 

14 116 Stat. 1055) (as added by subsection (a)). 

15 SEC. 6. MAPS AND LEGAL DESCRIPTIONS. 

16 (a) IN GENERAL.—As soon as practicable after the 

17 date of enactment of this Act, the Secretaries concerned 

18 shall file a map and a legal description of the National 

19 Monument and the Wilderness with— 

20 (1) the Committee on Energy and Natural Re21 sources of the Senate; and 

22 (2) the Committee on Natural Resources of the 

23 House of Representatives. 

24 (b) FORCE AND EFFECT.—The map and legal de25 scriptions filed under subsection (a) shall have the same 


pwalker on DSK7TPTVN1PROD with BILLS
8 

•S 1794 IS

1 force and effect as if included in this Act, except that the 

2 Secretary concerned may correct clerical and typo3 graphical errors in the map and legal descriptions. 

4 (c) PUBLIC AVAILABILITY.—The map and legal de5 scriptions filed under subsection (a) shall be available for 

6 public inspection in the appropriate offices of the Bureau 

7 of Land Management and the Forest Service. 

8 SEC. 7. MANAGEMENT OF THE NATIONAL MONUMENT AND 

9 WILDERNESS. 

10 (a) MANAGEMENT OF NATIONAL MONUMENT.— 

11 (1) IN GENERAL.—The Secretaries concerned 

12 shall cooperatively manage the National Monu13 ment— 

14 (A) in a manner that conserves, protects, 

15 and enhances the purposes for which the Na16 tional Monument was established; and 

17 (B) in accordance with— 

18 (i) this Act; and 

19 (ii) any other applicable laws (includ20 ing regulations). 

21 (2) USES.— 

22 (A) IN GENERAL.—The Secretary con23 cerned shall allow only such uses of the Na24 tional Monument as the Secretary concerned 


pwalker on DSK7TPTVN1PROD with BILLS
9 

•S 1794 IS

1 determines would further the purposes for 

2 which the National Monument is established. 

3 (B) ARKANSAS HEADWATERS RECREATION

4 AREA.—Nothing in this Act affects the arrange5 ments for cooperative administration of the Ar6 kansas Headwaters Recreation Area within the 

7 National Monument by the Director of the Bu8 reau of Land Management and the State. 

9 (C) MOTORIZED VEHICLES AND MECHAN10 ICAL TRANSPORT.—The establishment of per11 manent or temporary roads, and the use of mo12 torized vehicles or mechanical transport, shall 

13 be prohibited in the portion of the National 

14 Monument east of the Arkansas River, except— 

15 (i) as provided in subparagraphs (D) 

16 and (E); 

17 (ii) on roads and trails open to such 

18 uses on the date of enactment of this Act; 

19 (iii) as necessary to meet the min20 imum requirements for the administration 

21 of the Federal land; and 

22 (iv) as necessary to protect public 

23 health and safety. 

24 (D) FOREST ROAD 184.— 


pwalker on DSK7TPTVN1PROD with BILLS
10 

•S 1794 IS

1 (i) IN GENERAL.—The Secretary of 

2 Agriculture shall maintain Forest Road 

3 184 within the National Monument as a 

4 Forest Service Level II Road, as depicted 

5 on the map. 

6 (ii) MANAGEMENT.—The Secretary of 

7 Agriculture shall manage the road de8 scribed in clause (i) in accordance with ap9 plicable laws— 

10 (I) to provide motorized and 

11 mechanized access into the National 

12 Monument; 

13 (II) to minimize any adverse im14 pacts to the values described in sec15 tion 4(a); and 

16 (III) subject to such terms and 

17 conditions as the Secretary may re18 quire. 

19 (iii) CLOSURE.—The Secretary of Ag20 riculture may temporarily close the road to 

21 any or all uses— 

22 (I) to protect public safety; 

23 (II) for maintenance or other ad24 ministrative uses. 

25 (E) GRAZING.— 


pwalker on DSK7TPTVN1PROD with BILLS
11 

•S 1794 IS

1 (i) IN GENERAL.—Except as provided 

2 in subparagraph (iv), the laws (including 

3 regulations) and policies followed by the 

4 Secretary concerned in issuing and admin5 istering grazing permits or leases for the 

6 National Monument shall continue to apply 

7 in the same manner as on the day before 

8 the date of enactment of this Act. 

9 (ii) EFFECT OF DESIGNATION.—There 

10 shall be no curtailment of grazing in the 

11 National Monument or Wilderness simply 

12 because of a designation under this Act. 

13 (iii) ADJUSTMENTS.—Any adjust14 ments in the numbers of livestock per15 mitted to graze in the National Monument 

16 or Wilderness shall be based on revisions 

17 in the normal grazing and land manage18 ment planning and policy setting process, 

19 giving consideration to legal mandates, 

20 range condition, and the protection of 

21 range resources from deterioration. 

22 (iv) CONTINUATION OF GRAZING.— 

23 The grazing of livestock in the Wilderness, 

24 if established before the date of enactment 


pwalker on DSK7TPTVN1PROD with BILLS
12 

•S 1794 IS

1 of this Act, shall be permitted to continue 

2 in accordance with— 

3 (I) section 4(d)(4) of the Wilder4 ness Act (16 U.S.C. 1133(d)(4)); and 

5 (II) the guidelines set forth in 

6 appendix A of the report of the Com7 mittee on Interior and Insular Affairs 

8 of the House of Representatives ac9 companying H.R. 2570 of the 101st 

10 Congress (H. Rept. 101–405) and 

11 H.R. 5487 of the 96th Congress (H. 

12 Rept. 96–617). 

13 (b) WITHDRAWALS.— 

14 (1) IN GENERAL.—Subject to valid existing 

15 rights, all Federal land described in paragraph (2) 

16 within the National Monument and all land and in17 terests in land acquired by the United States within 

18 the National Monument is withdrawn from— 

19 (A) all forms of entry, appropriation, or 

20 disposal under the public land laws; 

21 (B) location, entry, and patent under the 

22 mining laws; and 

23 (C) operation of the mineral leasing, min24 eral materials, and geothermal leasing laws. 


pwalker on DSK7TPTVN1PROD with BILLS
13 

•S 1794 IS

1 (2) DESCRIPTION OF WITHDRAWAL AREAS.— 

2 The Federal land referred to in paragraph (1) is— 

3 (A) all Federal land within the National 

4 Monument and all land and interests in land 

5 acquired by the United States within the Na6 tional Monument; and 

7 (B) all Federal land that is— 

8 (i) between the eastern and western 

9 boundaries of the National Monument 

10 along the Arkansas River corridor, as de11 scribed in section 4(b)(2); and 

12 (ii) between lines paralleling the 

13 northern and southern boundaries of the 

14 National Monument. 

15 (c) ACQUISITION OF LAND.— 

16 (1) IN GENERAL.—The Secretary concerned 

17 may acquire non-Federal land within and adjacent 

18 to the boundaries of the National Monument or Wil19 derness through exchange, donation, bequest, or pur20 chase from a willing seller. 

21 (2) MANAGEMENT.—Land acquired under para22 graph (1) shall— 

23 (A) become part of the National Monu24 ment and, if applicable, the Wilderness; and 

25 (B) be managed in accordance with— 


pwalker on DSK7TPTVN1PROD with BILLS
14 

•S 1794 IS

1 (i) this Act; and 

2 (ii) any other applicable laws. 

3 (3) ADMINISTRATION OF SUBSEQUENTLY AC4 QUIRED LAND.— 

5 (A) SECRETARY OF THE INTERIOR.—The 

6 Secretary of the Interior shall manage any land 

7 or interest in land within the boundaries of the 

8 National Monument that is acquired by the Bu9 reau of Land Management after the date of en10 actment of this Act. 

11 (B) SECRETARY OF AGRICULTURE.—The 

12 Secretary of Agriculture shall manage any land 

13 or interest in land within the boundaries of the 

14 National Monument that is acquired by the 

15 Forest Service after the date of enactment of 

16 this Act. 

17 (d) FIRE, INSECTS, AND DISEASE.—Subject to such 

18 terms and conditions as the Secretary concerned deter19 mines to be appropriate, the Secretary concerned may un20 dertake such measures as are necessary to control fire, 

21 insects, and disease— 

22 (1) in the Wilderness, in accordance with sec23 tion 4(d)(1) of the Wilderness Act (16 U.S.C. 

24 1133(d)(1)); and 


pwalker on DSK7TPTVN1PROD with BILLS
15 

•S 1794 IS

1 (2) in the National Monument, in accordance 

2 with— 

3 (A) this Act; and 

4 (B) any other applicable laws. 

5 (e) INVASIVE SPECIES AND NOXIOUS WEEDS.—In 

6 accordance with any applicable laws and subject to such 

7 terms and conditions as the Secretary concerned deter8 mines to be appropriate, the Secretary concerned may pre9 scribe measures to control nonnative invasive plants and 

10 noxious weeds within the National Monument and Wilder11 ness. 

12 (f) WATER RIGHTS.— 

13 (1) EFFECT.—Nothing in this Act— 

14 (A) affects the use or allocation, in exist15 ence on the date of enactment of this Act, of 

16 any water, water right, or interest in water; 

17 (B) affects any vested absolute or decreed 

18 conditional water right in existence on the date 

19 of enactment of this Act, including any water 

20 right held by the United States; 

21 (C) affects any interstate water compact in 

22 existence on the date of enactment of this Act; 

23 (D) authorizes or imposes any new re24 served Federal water rights; or 


pwalker on DSK7TPTVN1PROD with BILLS
16 

•S 1794 IS

1 (E) shall be considered to be a relinquish2 ment or reduction of any water rights reserved 

3 or appropriated by the United States in the 

4 State on or before the date of enactment of this 

5 Act. 

6 (2) NATIONAL MONUMENT WATER RIGHTS.— 

7 With respect to water within the National Monu8 ment, nothing in this Act— 

9 (A) authorizes any Federal agency to ap10 propriate or otherwise acquire any water right 

11 on the mainstem of the Arkansas River; or 

12 (B) prevents the State from appropriating 

13 or acquiring, or requires the State to appro14 priate or acquire, an instream flow water right 

15 on the mainstem of the Arkansas River. 

16 (g) FISH AND WILDLIFE.—Nothing in this Act di17 minishes the jurisdiction of the State with respect to fish 

18 and wildlife in the State. 

19 (h) COMMERCIAL ACTIVITIES.— 

20 (1) IN GENERAL.—The Secretary concerned 

21 may permit commercial activities (including outfit22 ting and guide activities) within the National Monu23 ment and Wilderness, in accordance with— 

24 (A) this Act; 


pwalker on DSK7TPTVN1PROD with BILLS
17 

•S 1794 IS

1 (B) the Wilderness Act (16 U.S.C. 1131 et 

2 seq.); and 

3 (C) any other applicable laws (including 

4 regulations). 

5 (2) OUTFITTING AND GUIDE ACTIVITIES.—In 

6 accordance with section 4(d)(5) of the Wilderness 

7 Act (16 U.S.C. 1133(d)(5)), commercial services (in8 cluding authorized outfitting and guide activities) 

9 are authorized in the Wilderness to the extent nec10 essary for activities that fulfill the recreational or 

11 other wilderness purposes of the Wilderness. 

12 SEC. 8. DEVELOPMENT OF MANAGEMENT PLAN. 

13 (a) IN GENERAL.—Not later than 3 years after the 

14 date of enactment of this Act, the Secretary of the Inte15 rior, in cooperation with the Secretary of Agriculture and 

16 in consultation with the State, shall complete a com17 prehensive management plan for the conservation and pro18 tection of the National Monument and Wilderness. 

19 (b) CONTENTS.—The management plan shall— 

20 (1) describe the appropriate uses and manage21 ment of the National Monument and Wilderness in 

22 accordance with— 

23 (A) this Act; and 

24 (B) the purposes for which the National 

25 Monument and Wilderness are established; 


pwalker on DSK7TPTVN1PROD with BILLS
18 

•S 1794 IS

1 (2) be developed with opportunities for public 

2 input; 

3 (3) be prepared in close consultation with ap4 propriate Federal, State, county, and local agencies; 

5 and 

6 (4) concentrate visitorship within the Arkansas 

7 Headwaters Recreation Area and the public land 

8 west of the Arkansas River. 

9 (c) INCORPORATION OF EXISTING PLANS.—In devel10 oping the management plan under subsection (a), to the 

11 extent consistent with this Act, the Secretary concerned 

12 may incorporate any provision of any other applicable land 

13 management plan, including the Arkansas River Recre14 ation Management Plan or a successor plan. 

15 SEC. 9. RELEASE OF WILDERNESS STUDY AREA. 

16 (a) IN GENERAL.—Congress finds that, for purposes 

17 of section 603(c) of the Federal Land Policy and Manage18 ment Act of 1976 (43 U.S.C. 1782(c)), the portions of 

19 the Browns Canyon Wilderness Study Area not designated 

20 as wilderness by section 2(a)(22) of the Colorado Wilder21 ness Act of 1993 (16 U.S.C. 1132 note; Public Law 103– 

22 77; 107 Stat. 756) (as added by section 5(a)) have been 

23 adequately studied for wilderness designation. 

24 (b) RELEASE.—Any public land described in sub25 section (a) that is not designated as wilderness by section 


pwalker on DSK7TPTVN1PROD with BILLS
19 

•S 1794 IS

1 2(a)(22) of the Colorado Wilderness Act of 1993 (16 

2 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 756) (as 

3 added by section 5(a))— 

4 (1) is no longer subject to section 603(c) of the 

5 Federal Land Policy and Management Act of 1976 

6 (43 U.S.C. 1782(c)); and 

7 (2) shall be managed in accordance with— 

8 (A) this Act; and 

9 (B) the management plan developed under 

10 section 8. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS