I 

111TH CONGRESS 

1ST SESSION H. R. 4289 

To designate certain lands in the State of Colorado as components of the 

National Wilderness Preservation System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2009 

Ms. DEGETTE introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

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 DEFINITION. 

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

5 ‘‘Colorado Wilderness Act of 2009’’. 

6 (b) SECRETARY DEFINED.—As used in this Act, the 

7 term ‘‘Secretary’’ means the Secretary of the Interior or 

8 the Secretary of Agriculture, as appropriate. 


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1 SEC. 2. ADDITIONS TO NATIONAL WILDERNESS PRESERVA2 TION SYSTEM IN THE STATE OF COLORADO. 

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

4 Colorado administered by the Bureau of Land Manage5 ment or the United States Forest Service are hereby des6 ignated as wilderness and, therefore, as components of the 

7 National Wilderness Preservation System: 

8 (1) The following areas managed by the Glen9 wood Springs Field Office: 

10 (A) Certain lands which comprise approxi11 mately 15,155 acres, as generally depicted on a 

12 map titled ‘‘Bull Gulch Proposed Wilderness 

13 Area’’, dated September 17, 2007, which shall 

14 be known as the Bull Gulch Wilderness. 

15 (B) Certain lands which comprise approxi16 mately 16,263 acres, as generally depicted on a 

17 map titled ‘‘Castle Peak Proposed Wilderness 

18 Area’’, dated September 17, 2007, which shall 

19 be known as the Castle Peak Wilderness. 

20 (C) Certain lands which comprise approxi21 mately 316 acres, as generally depicted on a 

22 map titled ‘‘Maroon Bells Snowmass Proposed 

23 Wilderness Area’’, dated September 17, 2007, 

24 which shall be known as the Maroon Bells Wil25 derness. 


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1 (D) Certain lands which comprise approxi2 mately 11,701 acres, as generally depicted on a 

3 map titled ‘‘Grand Hogback Proposed Wilder4 ness Area’’, dated September 17, 2007, which 

5 shall be known as the Grand Hogback Wilder6 ness. 

7 (2) The following areas managed by the Glen8 wood Springs Field Office or located in the White 

9 River National Forest: 

10 (A) Certain lands which comprise approxi11 mately 16,427 acres, as generally depicted on a 

12 map titled ‘‘Flat Tops Addition Proposed Wil13 derness Area’’, dated September 17, 2007, and 

14 which are hereby incorporated in and shall be 

15 deemed to be a part of the Flat Tops Wilder16 ness designated by Public Law 94–146. 

17 (B) Certain lands which comprise approxi18 mately 25,285 acres, as generally depicted on a 

19 map titled ‘‘Thompson Creek Proposed Wilder20 ness Area’’, dated September 17, 2007, which 

21 shall be known as the Thompson Creek Wilder22 ness. 

23 (3) The following areas managed by the Grand 

24 Junction Field Office: 


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1 (A) Certain lands which comprise approxi2 mately 21,110 acres, as generally depicted on a 

3 map titled ‘‘Bangs Canyon Proposed Wilderness 

4 Area’’, dated September 17, 2007, which shall 

5 be known as the Bangs Canyon Wilderness. 

6 (B) Certain lands which comprise approxi7 mately 25,881 acres, as generally depicted on a 

8 map titled ‘‘Demaree Canyon Proposed Wilder9 ness Area’’, dated September 17, 2007, which 

10 shall be known as the Demaree Canyon Wilder11 ness. 

12 (C) Certain lands which comprise approxi13 mately 14,089 acres, as generally depicted on a 

14 map titled ‘‘Granite Creek Proposed Wilderness 

15 Area’’, dated September 17, 2007, which shall 

16 be known as the Granite Creek Wilderness. 

17 (D) Certain lands which comprise approxi18 mately 30,557 acres, as generally depicted on a 

19 map titled ‘‘Little Bookcliffs Proposed Wilder20 ness Area’’, dated September 17, 2007, which 

21 shall be known as the Little Bookcliffs Wilder22 ness. 

23 (E) Certain lands which comprise approxi24 mately 26,914 acres, as generally depicted on a 

25 map titled ‘‘The Palisade Proposed Wilderness 


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1 Area’’, dated September 17, 2007, which shall 

2 be known as the Palisade Wilderness. 

3 (F) Certain lands which comprise approxi4 mately 27,569 acres, as generally depicted on a 

5 map titled ‘‘South Shale Ridge Proposed Wil6 derness Area’’, dated September 17, 2007, 

7 which shall be known as the South Shale Ridge 

8 Wilderness. 

9 (4) Certain lands managed by the Grand Junc10 tion Field Office or located in the Uncompahgre Na11 tional Forest, which comprise approximately 39,392 

12 acres, as generally depicted on a map titled 

13 ‘‘Unaweep Proposed Wilderness Area’’, dated Sep14 tember 17, 2007, which shall be known as the 

15 Unaweep Wilderness. 

16 (5) Certain lands managed by the Grand Junc17 tion Field Office and San Juan Field Office and in 

18 the Manti-LaSal National Forest which comprise ap19 proximately 65,448 acres, as generally depicted on a 

20 map titled ‘‘Sewemup Mesa Proposed Wilderness 

21 Area’’, dated September 17, 2007, which shall be 

22 known as the Sewemup Mesa Wilderness. 

23 (6) The following areas managed by Gunnison 

24 Field Office: 


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1 (A) Certain lands which comprise approxi2 mately 3,306 acres, as generally depicted on a 

3 map titled ‘‘Powderhorn Additions Proposed 

4 Wilderness Area’’, dated September 17, 2007, 

5 and which are hereby incorporated in and shall 

6 be deemed to be a part of the Powderhorn Wil7 derness designated by Public Law 103–77. 

8 (B) Certain lands which comprise approxi9 mately 38,594 acres, as generally depicted on a 

10 map titled ‘‘Redcloud Peak Proposed Wilder11 ness Area’’, dated September 17, 2007, which 

12 shall be known as the Redcloud Peak Wilder13 ness. 

14 (C) Certain lands which comprise approxi15 mately 6,878 acres, as generally depicted on a 

16 map titled ‘‘West Elk Addition Proposed Wil17 derness Area’’, dated September 17, 2007, and 

18 which are hereby incorporated in and shall be 

19 deemed to be a part of the West Elk Wilderness 

20 designated by Public Law 88–577. 

21 (7) Certain lands managed by the Gunnison 

22 Field Office or located in the Gunnison National 

23 Forest and Rio Grande National Forest which com24 prise approximately 72,397 acres, as generally de25 picted on a map titled ‘‘Handies Peak Proposed WilVerDate Nov 24 2008 00:25 Dec 12, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4289.IH H4289

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1 derness Area’’, dated September 17, 2007, which 

2 shall be known as the Handies Peak Wilderness. 

3 (8) Certain lands managed by the Kremmling 

4 Field Office which comprise approximately 33 acres, 

5 as generally depicted on a map titled ‘‘Platte River 

6 Addition Proposed Wilderness Area’’, dated Sep7 tember 17, 2007, and which are hereby incorporated 

8 in and shall be deemed to be part of the Platte River 

9 Wilderness designated by Public Law 98–550. 

10 (9) The following areas managed by the 

11 Uncompahgre Field Office or located in the 

12 Uncompahgre National Forest: 

13 (A) Certain lands which comprise approxi14 mately 22,604 acres, as generally depicted on a 

15 map titled ‘‘Roubideau Proposed Wilderness 

16 Area’’, dated September 17, 2007, which shall 

17 be known as the Roubideau Wilderness. 

18 (B) Certain lands which comprise approxi19 mately 13,288 acres, as generally depicted on a 

20 map titled ‘‘Norwood Canyon Proposed Wilder21 ness Area’’, dated September 17, 2007, which 

22 shall be known as the Norwood Canyon Wilder23 ness. 

24 (10) The following areas managed by the San 

25 Juan Field Office: 


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1 (A) Certain lands which comprise approxi2 mately 25,947 acres, as generally depicted on a 

3 map titled ‘‘Cross Canyon Proposed Wilderness 

4 Area’’, dated September 17, 2007, which shall 

5 be known as the Cross Canyon Wilderness. 

6 (B) Certain lands which comprise approxi7 mately 33,467 acres, as generally depicted on a 

8 map titled ‘‘McKenna Peak Proposed Wilder9 ness Area’’, dated September 17, 2007, which 

10 shall be known as the McKenna Peak Wilder11 ness. 

12 (C) Certain lands which comprise approxi13 mately 14,598 acres, as generally depicted on a 

14 map titled ‘‘Weber-Menefee Mountain Proposed 

15 Wilderness Area’’, dated September 17, 2007, 

16 which shall be known as the Weber-Menefee 

17 Mountain Wilderness. 

18 (11) Certain lands managed by the 

19 Uncompahgre and San Juan Field Offices which 

20 comprise approximately 41,133 acres, as generally 

21 depicted on a map titled ‘‘Dolores River Canyon 

22 Proposed Wilderness Area’’, dated September 17, 

23 2007, which shall be known as the Dolores River 

24 Canyon Wilderness. 


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1 (12) The following areas managed by the Royal 

2 Gorge Field Office: 

3 (A) Certain lands which comprise approxi4 mately 17,318 acres, as generally depicted on a 

5 map titled ‘‘McIntyre Hills Proposed Wilder6 ness Area’’, dated September 17, 2007, which 

7 shall be known as the McIntyre Wilderness. 

8 (B) Certain lands which comprise approxi9 mately 27,888 acres, as generally depicted on a 

10 map titled ‘‘Table Mountain Proposed Wilder11 ness Area’’, dated September 17, 2007, which 

12 shall be known as the Table Mountain Wilder13 ness. 

14 (13) The following areas managed by the Royal 

15 Gorge Field Office or located in the Pike National 

16 Forest: 

17 (A) Certain lands which comprise approxi18 mately 38,378 acres, as generally depicted on a 

19 map titled ‘‘Beaver Creek Proposed Wilderness 

20 Area’’, dated September 17, 2007, which shall 

21 be known as the Beaver Creek Wilderness. 

22 (B) Certain lands which comprise approxi23 mately 25,229 acres, as generally depicted on a 

24 map titled ‘‘Badger Creek Proposed Wilderness 


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1 Area’’, dated September 17, 2007, which shall 

2 be known as the Badger Creek Wilderness. 

3 (C) Certain lands which comprise approxi4 mately 20,025 acres, as generally depicted on a 

5 map titled ‘‘Browns Canyon Proposed Wilder6 ness Area’’, dated September 17, 2007, which 

7 shall be known as the Browns Canyon Wilder8 ness. 

9 (14) Certain lands managed by the Royal Gorge 

10 Resource Area or located in the San Isabel National 

11 Forest which comprise approximately 44,372 acres, 

12 as generally depicted on a map titled ‘‘Grape Creek 

13 Proposed Wilderness Area’’, dated September 17, 

14 2007, which shall be known as the Grape Creek Wil15 derness. 

16 (15) Certain lands managed by the San Juan 

17 Field Office or located in the San Juan National 

18 Forest which comprise approximately 32,050 acres, 

19 as generally depicted on a map titled ‘‘Snaggletooth 

20 Proposed Wilderness Area’’, dated September 17, 

21 2007, which shall be known as the Snaggletooth Wil22 derness. 

23 (b) MAPS AND DESCRIPTIONS.—As soon as prac24 ticable after the date of the enactment of this Act, the 

25 Secretary shall file a map and a boundary description of 


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1 each area designated as wilderness by this section with 

2 the Committee on Natural Resources of the House of Rep3 resentatives and the Committee on Energy and Natural 

4 Resources of the Senate. Each map and boundary descrip5 tion shall have the same force and effect as if included 

6 in this Act, except that the Secretary may correct clerical 

7 and typographical errors in the map or boundary descrip8 tion. The maps and boundary descriptions shall be on file 

9 and available for public inspection in the Office of the Di10 rector of the Bureau of Land Management, Department 

11 of the Interior, and in the Office of the Chief of the Forest 

12 Service, Department of Agriculture, as appropriate. 

13 (c) STATE AND PRIVATE LANDS.—Lands within the 

14 exterior boundaries of any wilderness area designated 

15 under this section that are owned by the State of Colorado 

16 or by a private entity shall be included within such wilder17 ness area if such lands are acquired by the United States. 

18 Such lands may be acquired by the United States only 

19 as provided in the Wilderness Act (16 U.S.C. 1131 et 

20 seq.). 

21 SEC. 3. ADMINISTRATIVE PROVISIONS. 

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

23 lands designated as wilderness by this Act shall be man24 aged by the Secretary in accordance with the Wilderness 

25 Act (16 U.S.C. 1131 et seq.) and this Act, except that, 


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1 with respect to any wilderness areas designated by this 

2 Act, any reference in the Wilderness Act to the effective 

3 date of the Wilderness Act shall be deemed to be a ref4 erence to the date of enactment of this Act. 

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

6 areas designated by this Act shall be administered in ac7 cordance with the provisions of section 4(d)(4) of the Wil8 derness Act (16 U.S.C. 1133(d)(4)), as further inter9 preted by section 108 of Public Law 96–560, and the 

10 guidelines set forth in Appendix A of House Report 101– 

11 405 of the 101st Congress. 

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

13 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

14 nothing in this Act shall be construed as affecting the ju15 risdiction or responsibilities of the State of Colorado with 

16 respect to wildlife and fish in Colorado. 

17 (d) WATER.— 

18 (1) IN GENERAL.—With respect to each wilder19 ness and potential wilderness area designated by this 

20 Act, the Secretary shall obtain and exercise any 

21 water rights required to fulfill the purposes of the 

22 wilderness in accordance with the following provi23 sions: 

24 (A) Such water rights shall be appro25 priated, adjudicated, changed, and administered 


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1 pursuant to the procedural requirements and 

2 priority system of the laws of the State of Colo3 rado. 

4 (B) The purposes and other substantive 

5 characteristics of such water rights shall be es6 tablished pursuant to State law, except that the 

7 Secretary is specifically authorized to appro8 priate water under this Act exclusively for the 

9 purpose of maintaining groundwater levels, sur10 face water levels, and streamflows on, across, 

11 and under the wilderness in order to accomplish 

12 the purposes of the wilderness and to protect 

13 wilderness uses. 

14 (C) Such water rights shall be established 

15 and used without interfering with any exercise 

16 of a water right in existence on the date of the 

17 enactment of this Act for a non-Federal pur18 pose. 

19 (2) PROTECTING RIGHTS.—The Secretary and 

20 all other officers of the United States shall take 

21 steps necessary to protect the rights established 

22 under paragraph (1), including the filing by the Sec23 retary of a claim for the quantification of such 

24 rights in any present or future appropriate stream 

25 adjudication in the courts of the State of Colorado 


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1 in which the United States is or may be joined and 

2 which is conducted in accordance with section 208 of 

3 the Department of Justice Appropriation Act, 1953 

4 (43 U.S.C. 666; commonly known as the McCarran 

5 Amendment). 

6 (3) RELINQUISHMENT OR REDUCTION.—Noth7 ing in this Act shall be construed as a relinquish8 ment or reduction of any water rights reserved or 

9 appropriated by the United States in the State of 

10 Colorado on or before the date of the enactment of 

11 this Act. 

12 (4) WATER RESOURCE FACILITY.—With respect 

13 to each wilderness and potential wilderness area des14 ignated by this Act, notwithstanding any other pro15 vision of law, on and after the date of the enactment 

16 of this Act, neither the President nor any other offi17 cer, employee, or agent of the United States shall 

18 fund, assist, authorize, or issue a license or permit 

19 for development of any new irrigation and pumping 

20 facility, reservoir, water conservation work, aque21 duct, canal, ditch, pipeline, well, hydropower project, 

22 transmission, other ancillary facility, or other water 

23 diversion, storage, or carriage structure. 

24 (e) AERIAL NAVIGATION TRAINING EXERCISES.— 


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1 (1) IN GENERAL.—The Colorado Army Na2 tional Guard, through the High-Altitude Army Na3 tional Guard Aviation Training Site, may conduct 

4 aerial navigation training maneuver exercises over 

5 and upon the lands designated as potential wilder6 ness by this Act in a manner— 

7 (A) consistent with the memorandum of 

8 understanding dated August 4, 1987, among 

9 the Colorado Army National Guard, the Bureau 

10 of Land Management, and the Forest Service; 

11 and 

12 (B) minimizing the impact to wilderness 

13 character, natural features, and a visitor’s sense 

14 of solitude. 

15 (2) REVIEW OF THE MEMORANDUM OF UNDER16 STANDING.—The parties to the memorandum of un17 derstanding referred to in paragraph (1)(A) shall re18 view the memorandum and associated annual oper19 ating plan not later than 180 days after the date of 

20 the enactment of this Act, and annually thereafter 

21 so long as the Colorado Army National Guard con22 ducts activity described in paragraph (1). The review 

23 shall include consideration of alternative locations 

24 for activities identified in the memorandum of un25 derstanding. Such alternative locations must be over 


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1 and upon National Forest System lands and lands 

2 administered by the Bureau of Land Management, 

3 other than lands designated as wilderness or as po4 tential wilderness. 

5 (3) MODIFICATION OF THE MEMORANDUM OF

6 UNDERSTANDING.—The memorandum of under7 standing referred to in paragraph (1)(A) may be 

8 modified, subject to the agreement of all parties 

9 thereto, if the Colorado Army National Guard, in 

10 consultation with the Bureau of Land Management 

11 and the Forest Service, identifies an alternative loca12 tion as described in paragraph (2) that meets its 

13 aerial training needs. 

14 (f) POTENTIAL WILDERNESS DESIGNATIONS.— 

15 (1) IN GENERAL.—The following lands are des16 ignated as potential wilderness areas: 

17 (A) Certain lands managed by the Glen18 wood Springs Field Office or located in the 

19 White River National Forest which comprise 

20 approximately 20,843 acres, as generally de21 picted on a map titled ‘‘Deep Creek Proposed 

22 Wilderness Area’’, dated September 17, 2007, 

23 which shall be known as the Deep Creek Wil24 derness. 


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1 (B) Certain lands managed by the Glen2 wood Springs Field Office which comprise ap3 proximately 15,679 acres, as generally depicted 

4 on a map titled ‘‘Pisgah Mountain Proposed 

5 Wilderness Area’’, dated September 17, 2007, 

6 which shall be known as the Pisgah Mountain 

7 Wilderness. 

8 (2) DESIGNATION AS WILDERNESS.—Lands de9 scribed in paragraph (1) shall be designated as wil10 derness upon the Secretary publishing in the Federal 

11 Register a notice that all nonconforming uses of 

12 those lands provided for under subsection (e) that 

13 would be prohibited in wilderness by the Wilderness 

14 Act have ceased. Such publication in the Federal 

15 Register by the Secretary and subsequent designa16 tion as wilderness shall occur as the nonconforming 

17 use ceases in any of the individual areas identified 

18 and shall not be dependent on cessation of the non19 conforming uses in all the potential wilderness areas 

20 identified. 

21 (3) MANAGEMENT.—Except for activities pro22 vided for under subsection (e), lands described in 

23 paragraph (1) shall be managed by the Secretary in 

24 accordance with the Wilderness Act as wilderness 


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1 until those lands are designated as wilderness under 

2 this subsection. 

Æ 


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