IB 

Union Calendar No. 179 

116TH CONGRESS 

1ST SESSION H. R. 823 

[Report No. 116–226] 

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 HOUSE OF REPRESENTATIVES 

JANUARY 28, 2019 

Mr. NEGUSE introduced the following bill; which was referred to the 

Committee on Natural Resources 

OCTOBER 4, 2019 

Additional sponsors: Mr. PERLMUTTER, Ms. DEGETTE, and Mr. CROW

OCTOBER 4, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 28, 2019] 


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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. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Col5 orado Outdoor Recreation and Economy Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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 Wilderness. 

Sec. 104. Tenmile Recreation Management Area. 

Sec. 105. Porcupine Gulch Wildlife Conservation Area. 

Sec. 106. Williams Fork Mountains Wildlife Conservation Area. 

Sec. 107. Camp Hale National Historic Landscape. 

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 exchange. 

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. 


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1 SEC. 2. DEFINITION OF STATE. 

2 In this Act, the term ‘‘State’’ means the State of Colo3 rado. 

4 TITLE I—CONTINENTAL DIVIDE 

5 SEC. 101. DEFINITIONS. 

6 In this title: 

7 (1) COVERED AREA.—The term ‘‘covered area’’ 

8 means any area designated as wilderness by the 

9 amendments to section 2(a) of the Colorado Wilder10 ness Act of 1993 (16 U.S.C. 1132 note; Public Law 

11 103–77) made by section 102(a). 

12 (2) HISTORIC LANDSCAPE.—The term ‘‘Historic 

13 Landscape’’ means the Camp Hale National Historic 

14 Landscape designated by section 107(a). 

15 (3) RECREATION MANAGEMENT AREA.—The term 

16 ‘‘Recreation Management Area’’ means the Tenmile 

17 Recreation Management Area designated by section 

18 104(a). 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture. 

21 (5) WILDLIFE CONSERVATION AREA.—The term 

22 ‘‘Wildlife Conservation Area’’ means, as applicable— 

23 (A) the Porcupine Gulch Wildlife Conserva24 tion Area designated by section 105(a); and 

25 (B) the Williams Fork Mountains Wildlife 

26 Conservation Area designated by section 106(a). 


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1 SEC. 102. COLORADO WILDERNESS ADDITIONS. 

2 (a) DESIGNATION.—Section 2(a) of the Colorado Wil3 derness Act of 1993 (16 U.S.C. 1132 note; Public Law 103– 

4 77) is amended— 

5 (1) in paragraph (18), by striking ‘‘1993,’’ and 

6 inserting ‘‘1993, and certain Federal land within the 

7 White River National Forest that comprises approxi8 mately 6,896 acres, as generally depicted as ‘Proposed 

9 Ptarmigan Peak Wilderness Additions’ on the map 

10 entitled ‘Proposed Ptarmigan Peak Wilderness Addi11 tions’ and dated June 24, 2019,’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(23) HOLY CROSS WILDERNESS ADDITION.— 

14 Certain Federal land within the White River Na15 tional Forest that comprises approximately 3,866 

16 acres, as generally depicted as ‘Proposed Megan 

17 Dickie Wilderness Addition’ on the map entitled 

18 ‘Holy Cross Wilderness Addition Proposal’ and dated 

19 June 24, 2019, which shall be incorporated into, and 

20 managed as part of, the Holy Cross Wilderness des21 ignated by section 102(a)(5) of Public Law 96–560 

22 (94 Stat. 3266). 

23 ‘‘(24) HOOSIER RIDGE WILDERNESS.—Certain 

24 Federal land within the White River National Forest 

25 that comprises approximately 5,235 acres, as gen26 erally depicted as ‘Proposed Hoosier Ridge WilderVerDate Sep 11 2014 20:45 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H823.RH H823

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1 ness’ on the map entitled ‘Tenmile Proposal’ and 

2 dated June 24, 2019, which shall be known as the 

3 ‘Hoosier Ridge Wilderness’. 

4 ‘‘(25) TENMILE WILDERNESS.—Certain Federal 

5 land within the White River National Forest that 

6 comprises approximately 7,624 acres, as generally de7 picted as ‘Proposed Tenmile Wilderness’ on the map 

8 entitled ‘Tenmile Proposal’ and dated June 24, 2019, 

9 which shall be known as the ‘Tenmile Wilderness’. 

10 ‘‘(26) EAGLES NEST WILDERNESS ADDITIONS.— 

11 Certain Federal land within the White River Na12 tional Forest that comprises approximately 9,670 

13 acres, as generally depicted as ‘Proposed Freeman 

14 Creek Wilderness Addition’ and ‘Proposed Spraddle 

15 Creek Wilderness Addition’ on the map entitled ‘Ea16 gles Nest Wilderness Additions Proposal’ and dated 

17 June 24, 2019, which shall be incorporated into, and 

18 managed as part of, the Eagles Nest Wilderness des19 ignated by Public Law 94–352 (90 Stat. 870).’’. 

20 (b) APPLICABLE LAW.—Any reference in the Wilder21 ness Act (16 U.S.C. 1131 et seq.) to the effective date of 

22 that Act shall be considered to be a reference to the date 

23 of enactment of this Act for purposes of administering a 

24 covered area. 


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1 (c) FIRE, INSECTS, AND DISEASES.—In accordance 

2 with section 4(d)(1) of the Wilderness Act (16 U.S.C. 

3 1133(d)(1)), the Secretary may carry out any activity in 

4 a covered area that the Secretary determines to be necessary 

5 for the control of fire, insects, and diseases, subject to such 

6 terms and conditions as the Secretary determines to be ap7 propriate. 

8 (d) GRAZING.—The grazing of livestock on a covered 

9 area, if established before the date of enactment of this Act, 

10 shall be permitted to continue subject to such reasonable reg11 ulations as are considered to be necessary by the Secretary, 

12 in accordance with— 

13 (1) section 4(d)(4) of the Wilderness Act (16 

14 U.S.C. 1133(d)(4)); and 

15 (2) the guidelines set forth in Appendix A of the 

16 report of the Committee on Interior and Insular Af17 fairs of the House of Representatives accompanying 

18 H.R. 2570 of the 101st Congress (H. Rept. 101–405). 

19 (e) COORDINATION.—For purposes of administering 

20 the Federal land designated as wilderness by paragraph 

21 (26) of section 2(a) of the Colorado Wilderness Act of 1993 

22 (16 U.S.C. 1132 note; Public Law 103–77) (as added by 

23 subsection (a)(2)), the Secretary shall, as determined to be 

24 appropriate for the protection of watersheds, coordinate the 

25 activities of the Secretary in response to fires and flooding 


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1 events with interested State and local agencies, including 

2 operations using aircraft or mechanized equipment. 

3 SEC. 103. WILLIAMS FORK MOUNTAINS WILDERNESS. 

4 (a) DESIGNATION.—In furtherance of the purposes of 

5 the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal 

6 land in the White River National Forest in the State, com7 prising approximately 8,036 acres and generally depicted 

8 as ‘‘Proposed Williams Fork Mountains Wilderness’’ on the 

9 map entitled ‘‘Williams Fork Mountains Proposal’’ and 

10 dated June 24, 2019, is designated as a potential wilderness 

11 area. 

12 (b) MANAGEMENT.—Subject to valid existing rights 

13 and except as provided in subsection (d), the potential wil14 derness area designated by subsection (a) shall be managed 

15 in accordance with— 

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

17 and 

18 (2) this section. 

19 (c) LIVESTOCK USE OF VACANT ALLOTMENTS.— 

20 (1) IN GENERAL.—Not later than 3 years after 

21 the date of enactment of this Act, in accordance with 

22 applicable laws (including regulations), the Secretary 

23 shall publish a determination regarding whether to 

24 authorize livestock grazing or other use by livestock on 

25 the vacant allotments known as— 


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1 (A) the ‘‘Big Hole Allotment’’; and 

2 (B) the ‘‘Blue Ridge Allotment’’. 

3 (2) MODIFICATION OF ALLOTMENTS.—In pub4 lishing a determination pursuant to paragraph (1), 

5 the Secretary may modify or combine the vacant al6 lotments referred to in that paragraph. 

7 (3) PERMIT OR OTHER AUTHORIZATION.—Not 

8 later than 1 year after the date on which a deter9 mination of the Secretary to authorize livestock graz10 ing or other use by livestock is published under para11 graph (1), if applicable, the Secretary shall grant a 

12 permit or other authorization for that livestock graz13 ing or other use in accordance with applicable laws 

14 (including regulations). 

15 (d) RANGE IMPROVEMENTS.— 

16 (1) IN GENERAL.—If the Secretary permits live17 stock grazing or other use by livestock on the potential 

18 wilderness area under subsection (c), the Secretary, or 

19 a third party authorized by the Secretary, may use 

20 any motorized or mechanized transport or equipment 

21 for purposes of constructing or rehabilitating such 

22 range improvements as are necessary to obtain appro23 priate livestock management objectives (including 

24 habitat and watershed restoration). 


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1 (2) TERMINATION OF AUTHORITY.—The author2 ity provided by this subsection terminates on the date 

3 that is 2 years after the date on which the Secretary 

4 publishes a positive determination under subsection 

5 (c)(3). 

6 (e) DESIGNATION AS WILDERNESS.— 

7 (1) DESIGNATION.—The potential wilderness 

8 area designated by subsection (a) shall be designated 

9 as wilderness, to be known as the ‘‘Williams Fork 

10 Mountains Wilderness’’— 

11 (A) effective not earlier than the date that 

12 is 180 days after the date of enactment this Act; 

13 and 

14 (B) on the earliest of— 

15 (i) the date on which the Secretary 

16 publishes in the Federal Register a notice 

17 that the construction or rehabilitation of 

18 range improvements under subsection (d) is 

19 complete; 

20 (ii) the date described in subsection 

21 (d)(2); and 

22 (iii) the effective date of a determina23 tion of the Secretary not to authorize live24 stock grazing or other use by livestock under 

25 subsection (c)(1). 


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1 (2) ADMINISTRATION.—Subject to valid existing 

2 rights, the Secretary shall manage the Williams Fork 

3 Mountains Wilderness in accordance with— 

4 (A) the Colorado Wilderness Act of 1993 (16 

5 U.S.C. 1132 note; Public Law 103–77); and 

6 (B) this title. 

7 SEC. 104. TENMILE RECREATION MANAGEMENT AREA. 

8 (a) DESIGNATION.—Subject to valid existing rights, 

9 the approximately 17,122 acres of Federal land in the White 

10 River National Forest in the State, as generally depicted 

11 as ‘‘Proposed Tenmile Recreation Management Area’’ on 

12 the map entitled ‘‘Tenmile Proposal’’ and dated June 24, 

13 2019, are designated as the ‘‘Tenmile Recreation Manage14 ment Area’’. 

15 (b) PURPOSES.—The purposes of the Recreation Man16 agement Area are to conserve, protect, and enhance for the 

17 benefit and enjoyment of present and future generations the 

18 recreational, scenic, watershed, habitat, and ecological re19 sources of the Recreation Management Area. 

20 (c) MANAGEMENT.— 

21 (1) IN GENERAL.—The Secretary shall manage 

22 the Recreation Management Area— 

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

24 and enhances— 


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1 (i) the purposes of the Recreation Man2 agement Area described in subsection (b); 

3 and 

4 (ii) recreation opportunities, including 

5 mountain biking, hiking, fishing, horseback 

6 riding, snowshoeing, climbing, skiing, 

7 camping, and hunting; and 

8 (B) in accordance with— 

9 (i) the Forest and Rangeland Renew10 able Resources Planning Act of 1974 (16 

11 U.S.C. 1600 et seq.); 

12 (ii) any other applicable laws (includ13 ing regulations); and 

14 (iii) this section. 

15 (2) USES.— 

16 (A) IN GENERAL.—The Secretary shall only 

17 allow such uses of the Recreation Management 

18 Area as the Secretary determines would further 

19 the purposes described in subsection (b). 

20 (B) VEHICLES.— 

21 (i) IN GENERAL.—Except as provided 

22 in clause (iii), the use of motorized vehicles 

23 in the Recreation Management Area shall be 

24 limited to the roads, vehicle classes, and peVerDate Sep 11 2014 20:45 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H823.RH H823

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1 riods authorized for motorized vehicle use 

2 on the date of enactment of this Act. 

3 (ii) NEW OR TEMPORARY ROADS.—Ex4 cept as provided in clause (iii), no new or 

5 temporary road shall be constructed in the 

6 Recreation Management Area. 

7 (iii) EXCEPTIONS.—Nothing in clause 

8 (i) or (ii) prevents the Secretary from— 

9 (I) rerouting or closing an exist10 ing road or trail to protect natural re11 sources from degradation, as the Sec12 retary determines to be appropriate; 

13 (II) authorizing the use of motor14 ized vehicles for administrative pur15 poses or roadside camping; 

16 (III) constructing temporary 

17 roads or permitting the use of motor18 ized vehicles to carry out pre- or post19 fire watershed protection projects; 

20 (IV) authorizing the use of motor21 ized vehicles to carry out any activity 

22 described in subsection (d), (e)(1), or 

23 (f); or 

24 (V) responding to an emergency. 

25 (C) COMMERCIAL TIMBER.— 


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1 (i) IN GENERAL.—Subject to clause 

2 (ii), no project shall be carried out in the 

3 Recreation Management Area for the pur4 pose of harvesting commercial timber. 

5 (ii) LIMITATION.—Nothing in clause 

6 (i) prevents the Secretary from harvesting 

7 or selling a merchantable product that is a 

8 byproduct of an activity authorized under 

9 this section. 

10 (d) FIRE, INSECTS, AND DISEASES.—The Secretary 

11 may carry out any activity, in accordance with applicable 

12 laws (including regulations), that the Secretary determines 

13 to be necessary to prevent, control, or mitigate fire, insects, 

14 or disease in the Recreation Management Area, subject to 

15 such terms and conditions as the Secretary determines to 

16 be appropriate. 

17 (e) WATER.— 

18 (1) EFFECT ON WATER MANAGEMENT INFRA19 STRUCTURE.—Nothing in this section affects the con20 struction, repair, reconstruction, replacement, oper21 ation, maintenance, or renovation within the Recre22 ation Management Area of— 

23 (A) water management infrastructure in ex24 istence on the date of enactment of this Act; or 


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1 (B) any future infrastructure necessary for 

2 the development or exercise of water rights de3 creed before the date of enactment of this Act. 

4 (2) APPLICABLE LAW.—Section 3(e) of the James 

5 Peak Wilderness and Protection Area Act (Public 

6 Law 107–216; 116 Stat. 1058) shall apply to the 

7 Recreation Management Area. 

8 (f) REGIONAL TRANSPORTATION PROJECTS.—Nothing 

9 in this section precludes the Secretary from authorizing, in 

10 accordance with applicable laws (including regulations), 

11 the use or leasing of Federal land within the Recreation 

12 Management Area for— 

13 (1) a regional transportation project, includ14 ing— 

15 (A) highway widening or realignment; and 

16 (B) construction of multimodal transpor17 tation systems; or 

18 (2) any infrastructure, activity, or safety meas19 ure associated with the implementation or use of a fa20 cility constructed under paragraph (1). 

21 (g) APPLICABLE LAW.—Nothing in this section affects 

22 the designation of the Federal land within the Recreation 

23 Management Area for purposes of— 

24 (1) section 138 of title 23, United States Code; 

25 or 


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1 (2) section 303 of title 49, United States Code. 

2 (h) PERMITS.—Nothing in this section alters or lim3 its— 

4 (1) any permit held by a ski area or other enti5 ty; or 

6 (2) the acceptance, review, or implementation of 

7 associated activities or facilities proposed or author8 ized by law or permit outside the boundaries of the 

9 Recreation Management Area. 

10 SEC. 105. PORCUPINE GULCH WILDLIFE CONSERVATION 

11 AREA. 

12 (a) DESIGNATION.—Subject to valid existing rights, 

13 the approximately 8,287 acres of Federal land located in 

14 the White River National Forest, as generally depicted as 

15 ‘‘Proposed Porcupine Gulch Wildlife Conservation Area’’ on 

16 the map entitled ‘‘Porcupine Gulch Wildlife Conservation 

17 Area Proposal’’ and dated June 24, 2019, are designated 

18 as the ‘‘Porcupine Gulch Wildlife Conservation Area’’ (re19 ferred to in this section as the ‘‘Wildlife Conservation 

20 Area’’). 

21 (b) PURPOSES.—The purposes of the Wildlife Con22 servation Area are— 

23 (1) to conserve and protect a wildlife migration 

24 corridor over Interstate 70; and 


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1 (2) to conserve, protect, and enhance for the ben2 efit and enjoyment of present and future generations 

3 the wildlife, scenic, roadless, watershed, and ecological 

4 resources of the Wildlife Conservation Area. 

5 (c) MANAGEMENT.— 

6 (1) IN GENERAL.—The Secretary shall manage 

7 the Wildlife Conservation Area— 

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

9 and enhances the purposes described in sub10 section (b); and 

11 (B) in accordance with— 

12 (i) the Forest and Rangeland Renew13 able Resources Planning Act of 1974 (16 

14 U.S.C. 1600 et seq.); 

15 (ii) any other applicable laws (includ16 ing regulations); and 

17 (iii) this section. 

18 (2) USES.— 

19 (A) IN GENERAL.—The Secretary shall only 

20 allow such uses of the Wildlife Conservation Area 

21 as the Secretary determines would further the 

22 purposes described in subsection (b). 

23 (B) RECREATION.—The Secretary may per24 mit such recreational activities in the Wildlife 

25 Conservation Area that the Secretary determines 


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1 are consistent with the purposes described in 

2 subsection (b). 

3 (C) MOTORIZED VEHICLES AND MECHA4 NIZED TRANSPORT; NEW OR TEMPORARY

5 ROADS.— 

6 (i) MOTORIZED VEHICLES AND MECHA7 NIZED TRANSPORT.—Except as provided in 

8 clause (iii), the use of motorized vehicles 

9 and mechanized transport in the Wildlife 

10 Conservation Area shall be prohibited. 

11 (ii) NEW OR TEMPORARY ROADS.—Ex12 cept as provided in clause (iii) and sub13 section (e), no new or temporary road shall 

14 be constructed within the Wildlife Conserva15 tion Area. 

16 (iii) EXCEPTIONS.—Nothing in clause 

17 (i) or (ii) prevents the Secretary from— 

18 (I) authorizing the use of motor19 ized vehicles or mechanized transport 

20 for administrative purposes; 

21 (II) constructing temporary roads 

22 or permitting the use of motorized ve23 hicles or mechanized transport to carry 

24 out pre- or post-fire watershed protec25 tion projects; 


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1 (III) authorizing the use of motor2 ized vehicles or mechanized transport 

3 to carry out activities described in sub4 section (d) or (e); or 

5 (IV) responding to an emergency. 

6 (D) COMMERCIAL TIMBER.— 

7 (i) IN GENERAL.—Subject to clause 

8 (ii), no project shall be carried out in the 

9 Wildlife Conservation Area for the purpose 

10 of harvesting commercial timber. 

11 (ii) LIMITATION.—Nothing in clause 

12 (i) prevents the Secretary from harvesting 

13 or selling a merchantable product that is a 

14 byproduct of an activity authorized under 

15 this section. 

16 (d) FIRE, INSECTS, AND DISEASES.—The Secretary 

17 may carry out any activity, in accordance with applicable 

18 laws (including regulations), that the Secretary determines 

19 to be necessary to prevent, control, or mitigate fire, insects, 

20 or disease in the Wildlife Conservation Area, subject to such 

21 terms and conditions as the Secretary determines to be ap22 propriate. 

23 (e) REGIONAL TRANSPORTATION PROJECTS.—Nothing 

24 in this section or section 110(e) precludes the Secretary 

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1 cluding regulations), the use or leasing of Federal land 

2 within the Wildlife Conservation Area for— 

3 (1) a regional transportation project, includ4 ing— 

5 (A) highway widening or realignment; and 

6 (B) construction of multimodal transpor7 tation systems; or 

8 (2) any infrastructure, activity, or safety meas9 ure associated with the implementation or use of a fa10 cility constructed under paragraph (1). 

11 (f) APPLICABLE LAW.—Nothing in this section affects 

12 the designation of the Federal land within the Wildlife Con13 servation Area for purposes of— 

14 (1) section 138 of title 23, United States Code; 

15 or 

16 (2) section 303 of title 49, United States Code. 

17 (g) WATER.—Section 3(e) of the James Peak Wilder18 ness and Protection Area Act (Public Law 107–216; 116 

19 Stat. 1058) shall apply to the Wildlife Conservation Area. 

20 SEC. 106. WILLIAMS FORK MOUNTAINS WILDLIFE CON21 SERVATION AREA. 

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

23 the approximately 3,528 acres of Federal land in the White 

24 River National Forest in the State, as generally depicted 

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1 tion Area’’ on the map entitled ‘‘Williams Fork Mountains 

2 Proposal’’ and dated June 24, 2019, are designated as the 

3 ‘‘Williams Fork Mountains Wildlife Conservation Area’’ 

4 (referred to in this section as the ‘‘Wildlife Conservation 

5 Area’’). 

6 (b) PURPOSES.—The purposes of the Wildlife Con7 servation Area are to conserve, protect, and enhance for the 

8 benefit and enjoyment of present and future generations the 

9 wildlife, scenic, roadless, watershed, recreational, and eco10 logical resources of the Wildlife Conservation Area. 

11 (c) MANAGEMENT.— 

12 (1) IN GENERAL.—The Secretary shall manage 

13 the Wildlife Conservation Area— 

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

15 and enhances the purposes described in sub16 section (b); and 

17 (B) in accordance with— 

18 (i) the Forest and Rangeland Renew19 able Resources Planning Act of 1974 (16 

20 U.S.C. 1600 et seq.); 

21 (ii) any other applicable laws (includ22 ing regulations); and 

23 (iii) this section. 

24 (2) USES.— 


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1 (A) IN GENERAL.—The Secretary shall only 

2 allow such uses of the Wildlife Conservation Area 

3 as the Secretary determines would further the 

4 purposes described in subsection (b). 

5 (B) MOTORIZED VEHICLES.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (iii), the use of motorized vehicles 

8 in the Wildlife Conservation Area shall be 

9 limited to designated roads and trails. 

10 (ii) NEW OR TEMPORARY ROADS.—Ex11 cept as provided in clause (iii), no new or 

12 temporary road shall be constructed in the 

13 Wildlife Conservation Area. 

14 (iii) EXCEPTIONS.—Nothing in clause 

15 (i) or (ii) prevents the Secretary from— 

16 (I) authorizing the use of motor17 ized vehicles for administrative pur18 poses; 

19 (II) authorizing the use of motor20 ized vehicles to carry out activities de21 scribed in subsection (d); or 

22 (III) responding to an emergency. 

23 (C) BICYCLES.—The use of bicycles in the 

24 Wildlife Conservation Area shall be limited to 

25 designated roads and trails. 


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1 (D) COMMERCIAL TIMBER.— 

2 (i) IN GENERAL.—Subject to clause 

3 (ii), no project shall be carried out in the 

4 Wildlife Conservation Area for the purpose 

5 of harvesting commercial timber. 

6 (ii) LIMITATION.—Nothing in clause 

7 (i) prevents the Secretary from harvesting 

8 or selling a merchantable product that is a 

9 byproduct of an activity authorized under 

10 this section. 

11 (E) GRAZING.—The laws (including regula12 tions) and policies followed by the Secretary in 

13 issuing and administering grazing permits or 

14 leases on land under the jurisdiction of the Sec15 retary shall continue to apply with regard to the 

16 land in the Wildlife Conservation Area, con17 sistent with the purposes described in subsection 

18 (b). 

19 (d) FIRE, INSECTS, AND DISEASES.—The Secretary 

20 may carry out any activity, in accordance with applicable 

21 laws (including regulations), that the Secretary determines 

22 to be necessary to prevent, control, or mitigate fire, insects, 

23 or disease in the Wildlife Conservation Area, subject to such 

24 terms and conditions as the Secretary determines to be ap25 propriate. 


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1 (e) REGIONAL TRANSPORTATION PROJECTS.—Nothing 

2 in this section or section 110(e) precludes the Secretary 

3 from authorizing, in accordance with applicable laws (in4 cluding regulations), the use or leasing of Federal land 

5 within the Wildlife Conservation Area for— 

6 (1) a regional transportation project, includ7 ing— 

8 (A) highway widening or realignment; and 

9 (B) construction of multimodal transpor10 tation systems; or 

11 (2) any infrastructure, activity, or safety meas12 ure associated with the implementation or use of a fa13 cility constructed under paragraph (1). 

14 (f) WATER.—Section 3(e) of the James Peak Wilder15 ness and Protection Area Act (Public Law 107–216; 116 

16 Stat. 1058) shall apply to the Wildlife Conservation Area. 

17 SEC. 107. CAMP HALE NATIONAL HISTORIC LANDSCAPE. 

18 (a) DESIGNATION.—Subject to valid existing rights, 

19 the approximately 28,676 acres of Federal land in the White 

20 River National Forest in the State, as generally depicted 

21 as ‘‘Proposed Camp Hale National Historic Landscape’’ on 

22 the map entitled ‘‘Camp Hale National Historic Landscape 

23 Proposal’’ and dated June 24, 2019, are designated the 

24 ‘‘Camp Hale National Historic Landscape’’. 


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1 (b) PURPOSES.—The purposes of the Historic Land2 scape are— 

3 (1) to provide for— 

4 (A) the interpretation of historic events, ac5 tivities, structures, and artifacts of the Historic 

6 Landscape, including with respect to the role of 

7 the Historic Landscape in local, national, and 

8 world history; 

9 (B) the historic preservation of the Historic 

10 Landscape, consistent with— 

11 (i) the designation of the Historic 

12 Landscape as a national historic site; and 

13 (ii) the other purposes of the Historic 

14 Landscape; 

15 (C) recreational opportunities, with an em16 phasis on the activities related to the historic use 

17 of the Historic Landscape, including skiing, 

18 snowshoeing, snowmobiling, hiking, horseback 

19 riding, climbing, other road- and trail-based ac20 tivities, and other outdoor activities; and 

21 (D) the continued environmental remedi22 ation and removal of unexploded ordnance at the 

23 Camp Hale Formerly Used Defense Site and the 

24 Camp Hale historic cantonment area; and 


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1 (2) to conserve, protect, restore, and enhance for 

2 the benefit and enjoyment of present and future gen3 erations the scenic, watershed, and ecological resources 

4 of the Historic Landscape. 

5 (c) MANAGEMENT.— 

6 (1) IN GENERAL.—The Secretary shall manage 

7 the Historic Landscape in accordance with— 

8 (A) the purposes of the Historic Landscape 

9 described in subsection (b); and 

10 (B) any other applicable laws (including 

11 regulations). 

12 (2) MANAGEMENT PLAN.— 

13 (A) IN GENERAL.—Not later than 5 years 

14 after the date of enactment of this Act, the Sec15 retary shall prepare a management plan for the 

16 Historic Landscape. 

17 (B) CONTENTS.—The management plan 

18 prepared under subparagraph (A) shall include 

19 plans for— 

20 (i) improving the interpretation of his21 toric events, activities, structures, and arti22 facts of the Historic Landscape, including 

23 with respect to the role of the Historic 

24 Landscape in local, national, and world 

25 history; 


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1 (ii) conducting historic preservation 

2 activities; 

3 (iii) managing recreational opportuni4 ties, including the use and stewardship of— 

5 (I) the road and trail systems; 

6 and 

7 (II) dispersed recreation resources; 

8 (iv) the conservation, protection, res9 toration, or enhancement of the scenic, wa10 tershed, and ecological resources of the His11 toric Landscape, including conducting the 

12 restoration and enhancement project under 

13 subsection (d); and 

14 (v) environmental remediation and, 

15 consistent with subsection (e)(2), the re16 moval of unexploded ordnance. 

17 (3) EXPLOSIVE HAZARDS.—The Secretary shall 

18 provide to the Secretary of the Army a notification of 

19 any unexploded ordnance (as defined in section 

20 101(e) of title 10, United States Code) that is discov21 ered in the Historic Landscape. 

22 (d) CAMP HALE RESTORATION AND ENHANCEMENT

23 PROJECT.— 


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1 (1) IN GENERAL.—The Secretary shall conduct a 

2 restoration and enhancement project in the Historic 

3 Landscape— 

4 (A) to improve aquatic, riparian, and wet5 land conditions in and along the Eagle River 

6 and tributaries of the Eagle River; 

7 (B) to maintain or improve recreation and 

8 interpretive opportunities and facilities; and 

9 (C) to conserve historic values in the Camp 

10 Hale area. 

11 (2) COORDINATION.—In carrying out the project 

12 described in paragraph (1), the Secretary shall co13 ordinate with— 

14 (A) the United States Army Corps of Engi15 neers; 

16 (B) the Camp Hale-Eagle River Head17 waters Collaborative Group; 

18 (C) the National Forest Foundation; 

19 (D) the Colorado Department of Public 

20 Health and Environment; 

21 (E) the Colorado State Historic Preserva22 tion Office; 

23 (F) units of local government; and 

24 (G) other interested organizations and 

25 members of the public. 


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1 (e) ENVIRONMENTAL REMEDIATION.— 

2 (1) IN GENERAL.—The Secretary of the Army 

3 shall continue to carry out the projects and activities 

4 of the Department of the Army in existence on the 

5 date of enactment of this Act relating to cleanup of— 

6 (A) the Camp Hale Formerly Used Defense 

7 Site; or 

8 (B) the Camp Hale historic cantonment 

9 area. 

10 (2) REMOVAL OF UNEXPLODED ORDNANCE.— 

11 (A) IN GENERAL.—The Secretary of the 

12 Army may remove unexploded ordnance (as de13 fined in section 101(e) of title 10, United States 

14 Code) from the Historic Landscape, as the Sec15 retary of the Army determines to be appropriate 

16 in accordance with applicable law (including 

17 regulations). 

18 (B) ACTION ON RECEIPT OF NOTICE.—On 

19 receipt from the Secretary of a notification of 

20 unexploded ordnance under subsection (c)(3), the 

21 Secretary of the Army may remove the 

22 unexploded ordnance in accordance with— 

23 (i) the program for environmental res24 toration of formerly used defense sites under 

25 section 2701 of title 10, United States Code; 


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1 (ii) the Comprehensive Environmental 

2 Response, Compensation, and Liability Act 

3 of 1980 (42 U.S.C. 9601 et seq.); and 

4 (iii) any other applicable provision of 

5 law (including regulations). 

6 (3) EFFECT OF SUBSECTION.—Nothing in this 

7 subsection modifies any obligation in existence on the 

8 date of enactment of this Act relating to environ9 mental remediation or removal of any unexploded 

10 ordnance located in or around the Camp Hale his11 toric cantonment area, the Camp Hale Formerly 

12 Used Defense Site, or the Historic Landscape, includ13 ing such an obligation under— 

14 (A) the program for environmental restora15 tion of formerly used defense sites under section 

16 2701 of title 10, United States Code; 

17 (B) the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 1980 

19 (42 U.S.C. 9601 et seq.); or 

20 (C) any other applicable provision of law 

21 (including regulations). 

22 (f) INTERAGENCY AGREEMENT.—The Secretary and 

23 the Secretary of the Army shall enter into an agreement— 

24 (1) to specify— 


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1 (A) the activities of the Secretary relating 

2 to the management of the Historic Landscape; 

3 and 

4 (B) the activities of the Secretary of the 

5 Army relating to environmental remediation and 

6 the removal of unexploded ordnance in accord7 ance with subsection (e) and other applicable 

8 laws (including regulations); and 

9 (2) to require the Secretary to provide to the Sec10 retary of the Army, by not later than 1 year after the 

11 date of enactment of this Act and periodically there12 after, as appropriate, a management plan for the 

13 Historic Landscape for purposes of the removal ac14 tivities described in subsection (e). 

15 (g) EFFECT.—Nothing in this section— 

16 (1) affects the jurisdiction of the State over any 

17 water law, water right, or adjudication or adminis18 tration relating to any water resource; 

19 (2) affects any water right in existence on or 

20 after the date of enactment of this Act, or the exercise 

21 of such a water right, including— 

22 (A) a water right under an interstate water 

23 compact (including full development of any ap24 portionment made in accordance with such a 

25 compact); 


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1 (B) a water right decreed within, above, 

2 below, or through the Historic Landscape; 

3 (C) a water right held by the United States; 

4 (D) the management or operation of any 

5 reservoir, including the storage, management, re6 lease, or transportation of water; and 

7 (E) the construction or operation of such 

8 infrastructure as is determined to be necessary 

9 by an individual or entity holding water rights 

10 to develop and place to beneficial use those 

11 rights, subject to applicable Federal, State, and 

12 local law (including regulations); 

13 (3) constitutes an express or implied reservation 

14 by the United States of any reserved or appropriative 

15 water right; 

16 (4) alters or limits— 

17 (A) a permit held by a ski area; 

18 (B) the implementation of activities gov19 erned by a ski area permit; or 

20 (C) the authority of the Secretary to modify 

21 or expand an existing ski area permit; 

22 (5) prevents the Secretary from closing portions 

23 of the Historic Landscape for public safety, environ24 mental remediation, or other use in accordance with 

25 applicable laws; or 


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1 (6) affects— 

2 (A) any special use permit in effect on the 

3 date of enactment of this Act; or 

4 (B) the renewal of a permit described in 

5 subparagraph (A). 

6 (h) FUNDING.— 

7 (1) IN GENERAL.—There is established in the 

8 general fund of the Treasury a special account, to be 

9 known as the ‘‘Camp Hale Historic Preservation and 

10 Restoration Fund’’. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to the Camp 

13 Hale Historic Preservation and Restoration Fund 

14 $10,000,000, to be available to the Secretary until ex15 pended, for activities relating to historic interpreta16 tion, preservation, and restoration carried out in and 

17 around the Historic Landscape. 

18 SEC. 108. WHITE RIVER NATIONAL FOREST BOUNDARY 

19 MODIFICATION. 

20 (a) IN GENERAL.—The boundary of the White River 

21 National Forest is modified to include the approximately 

22 120 acres comprised of the SW 1/4, the SE 1/4, and the 

23 NE 1/4 of the SE 1/4 of sec. 1, T. 2 S., R. 80 W., 6th 

24 Principal Meridian, in Summit County in the State. 


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1 (b) LAND AND WATER CONSERVATION FUND.—For 

2 purposes of section 200306 of title 54, United States Code, 

3 the boundaries of the White River National Forest, as modi4 fied under subsection (a), shall be considered to be the 

5 boundaries of the White River National Forest as in exist6 ence on January 1, 1965. 

7 SEC. 109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL 

8 WILDERNESS BOUNDARY ADJUSTMENT. 

9 (a) PURPOSE.—The purpose of this section is to pro10 vide for the ongoing maintenance and use of portions of 

11 the Trail River Ranch and the associated property located 

12 within Rocky Mountain National Park in Grand County 

13 in the State. 

14 (b) BOUNDARY ADJUSTMENT.—Section 1952(b) of the 

15 Omnibus Public Land Management Act of 2009 (Public 

16 Law 111–11; 123 Stat. 1070) is amended by adding at the 

17 end the following: 

18 ‘‘(3) BOUNDARY ADJUSTMENT.—The boundary of 

19 the Potential Wilderness is modified to exclude the 

20 area comprising approximately 15.5 acres of land 

21 identified as ‘Potential Wilderness to Non-wilderness’ 

22 on the map entitled ‘Rocky Mountain National Park 

23 Proposed Wilderness Area Amendment’ and dated 

24 January 16, 2018.’’. 


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1 SEC. 110. ADMINISTRATIVE PROVISIONS. 

2 (a) FISH AND WILDLIFE.—Nothing in this title affects 

3 the jurisdiction or responsibility of the State with respect 

4 to fish and wildlife in the State. 

5 (b) NO BUFFER ZONES.— 

6 (1) IN GENERAL.—Nothing in this title or an 

7 amendment made by this title establishes a protective 

8 perimeter or buffer zone around— 

9 (A) a covered area; 

10 (B) a wilderness area or potential wilder11 ness area designated by section 103; 

12 (C) the Recreation Management Area; 

13 (D) a Wildlife Conservation Area; or 

14 (E) the Historic Landscape. 

15 (2) OUTSIDE ACTIVITIES.—The fact that a non16 wilderness activity or use on land outside of a covered 

17 area can be seen or heard from within the covered 

18 area shall not preclude the activity or use outside the 

19 boundary of the covered area. 

20 (c) MAPS AND LEGAL DESCRIPTIONS.— 

21 (1) IN GENERAL.—As soon as practicable after 

22 the date of enactment of this Act, the Secretary shall 

23 file maps and legal descriptions of each area described 

24 in subsection (b)(1) with— 

25 (A) the Committee on Natural Resources of 

26 the House of Representatives; and 


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1 (B) the Committee on Energy and Natural 

2 Resources of the Senate. 

3 (2) FORCE OF LAW.—Each map and legal de4 scription filed under paragraph (1) shall have the 

5 same force and effect as if included in this title, ex6 cept that the Secretary may correct any typo7 graphical errors in the maps and legal descriptions. 

8 (3) PUBLIC AVAILABILITY.—Each map and legal 

9 description filed under paragraph (1) shall be on file 

10 and available for public inspection in the appropriate 

11 offices of the Forest Service. 

12 (d) ACQUISITION OF LAND.— 

13 (1) IN GENERAL.—The Secretary may acquire 

14 any land or interest in land within the boundaries of 

15 an area described in subsection (b)(1) only through 

16 exchange, donation, or purchase from a willing seller. 

17 (2) MANAGEMENT.—Any land or interest in land 

18 acquired under paragraph (1) shall be incorporated 

19 into, and administered as a part of, the wilderness 

20 area, Recreation Management Area, Wildlife Con21 servation Area, or Historic Landscape, as applicable, 

22 in which the land or interest in land is located. 

23 (e) WITHDRAWAL.—Subject to valid rights in existence 

24 on the date of enactment of this Act, the areas described 

25 in subsection (b)(1) are withdrawn from— 


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1 (1) entry, appropriation, and disposal under the 

2 public land laws; 

3 (2) location, entry, and patent under mining 

4 laws; and 

5 (3) operation of the mineral leasing, mineral 

6 materials, and geothermal leasing laws. 

7 (f) MILITARY OVERFLIGHTS.—Nothing in this title or 

8 an amendment made by this title restricts or precludes— 

9 (1) any low-level overflight of military aircraft 

10 over any area subject to this title or an amendment 

11 made by this title, including military overflights that 

12 can be seen, heard, or detected within such an area; 

13 (2) flight testing or evaluation over an area de14 scribed in paragraph (1); or 

15 (3) the use or establishment of— 

16 (A) any new unit of special use airspace 

17 over an area described in paragraph (1); or 

18 (B) any military flight training or trans19 portation over such an area. 

20 TITLE II—SAN JUAN MOUNTAINS 

21 SEC. 201. DEFINITIONS. 

22 In this title: 

23 (1) COVERED LAND.—The term ‘‘covered land’’ 

24 means— 


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1 (A) land designated as wilderness under 

2 paragraphs (27) through (29) of section 2(a) of 

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

4 1132 note; Public Law 103–77) (as added by sec5 tion 202); and 

6 (B) a Special Management Area. 

7 (2) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Agriculture. 

9 (3) SPECIAL MANAGEMENT AREA.—The term 

10 ‘‘Special Management Area’’ means each of— 

11 (A) the Sheep Mountain Special Manage12 ment Area designated by section 203(a)(1); and 

13 (B) the Liberty Bell East Special Manage14 ment Area designated by section 203(a)(2). 

15 SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESER16 VATION SYSTEM. 

17 Section 2(a) of the Colorado Wilderness Act of 1993 

18 (16 U.S.C. 1132 note; Public Law 103–77) (as amended 

19 by section 102(a)(2)) is amended by adding at the end the 

20 following: 

21 ‘‘(27) LIZARD HEAD WILDERNESS ADDITION.— 

22 Certain Federal land in the Grand Mesa, 

23 Uncompahgre, and Gunnison National Forests com24 prising approximately 3,141 acres, as generally de25 picted on the map entitled ‘Proposed Wilson, SunVerDate Sep 11 2014 20:45 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H823.RH H823

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1 shine, Black Face and San Bernardo Additions to the 

2 Lizard Head Wilderness’ and dated September 6, 

3 2018, which is incorporated in, and shall be adminis4 tered as part of, the Lizard Head Wilderness. 

5 ‘‘(28) MOUNT SNEFFELS WILDERNESS ADDI6 TIONS.— 

7 ‘‘(A) LIBERTY BELL AND LAST DOLLAR AD8 DITIONS.—Certain Federal land in the Grand 

9 Mesa, Uncompahgre, and Gunnison National 

10 Forests comprising approximately 7,235 acres, 

11 as generally depicted on the map entitled ‘Pro12 posed Liberty Bell and Last Dollar Additions to 

13 the Mt. Sneffels Wilderness, Liberty Bell East 

14 Special Management Area’ and dated September 

15 6, 2018, which is incorporated in, and shall be 

16 administered as part of, the Mount Sneffels Wil17 derness. 

18 ‘‘(B) WHITEHOUSE ADDITIONS.—Certain 

19 Federal land in the Grand Mesa, Uncompahgre, 

20 and Gunnison National Forests comprising ap21 proximately 12,465 acres, as generally depicted 

22 on the map entitled ‘Proposed Whitehouse Addi23 tions to the Mt. Sneffels Wilderness’ and dated 

24 September 6, 2018, which is incorporated in, 


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1 and shall be administered as part of, the Mount 

2 Sneffels Wilderness. 

3 ‘‘(29) MCKENNA PEAK WILDERNESS.—Certain 

4 Federal land in the State of Colorado comprising ap5 proximately 8,884 acres of Bureau of Land Manage6 ment land, as generally depicted on the map entitled 

7 ‘Proposed McKenna Peak Wilderness Area’ and dated 

8 September 18, 2018, to be known as the ‘McKenna 

9 Peak Wilderness’.’’. 

10 SEC. 203. SPECIAL MANAGEMENT AREAS. 

11 (a) DESIGNATION.— 

12 (1) SHEEP MOUNTAIN SPECIAL MANAGEMENT

13 AREA.—The Federal land in the Grand Mesa, 

14 Uncompahgre, and Gunnison and San Juan National 

15 Forests in the State comprising approximately 21,663 

16 acres, as generally depicted on the map entitled ‘‘Pro17 posed Sheep Mountain Special Management Area’’ 

18 and dated September 19, 2018, is designated as the 

19 ‘‘Sheep Mountain Special Management Area’’. 

20 (2) LIBERTY BELL EAST SPECIAL MANAGEMENT

21 AREA.—The Federal land in the Grand Mesa, 

22 Uncompahgre, and Gunnison National Forests in the 

23 State comprising approximately 792 acres, as gen24 erally depicted on the map entitled ‘‘Proposed Liberty 

25 Bell and Last Dollar Additions to the Mt. Sneffels 


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1 Wilderness, Liberty Bell East Special Management 

2 Area’’ and dated September 6, 2018, is designated as 

3 the ‘‘Liberty Bell East Special Management Area’’. 

4 (b) PURPOSE.—The purpose of the Special Manage5 ment Areas is to conserve and protect for the benefit and 

6 enjoyment of present and future generations the geological, 

7 cultural, archaeological, paleontological, natural, scientific, 

8 recreational, wilderness, wildlife, riparian, historical, edu9 cational, and scenic resources of the Special Management 

10 Areas. 

11 (c) MANAGEMENT.— 

12 (1) IN GENERAL.—The Secretary shall manage 

13 the Special Management Areas in a manner that— 

14 (A) conserves, protects, and enhances the re15 sources and values of the Special Management 

16 Areas described in subsection (b); 

17 (B) subject to paragraph (3), maintains or 

18 improves the wilderness character of the Special 

19 Management Areas and the suitability of the 

20 Special Management Areas for potential inclu21 sion in the National Wilderness Preservation 

22 System; and 

23 (C) is in accordance with— 

24 (i) the National Forest Management 

25 Act of 1976 (16 U.S.C. 1600 et seq.); 


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1 (ii) this title; and 

2 (iii) any other applicable laws. 

3 (2) PROHIBITIONS.—The following shall be pro4 hibited in the Special Management Areas: 

5 (A) Permanent roads. 

6 (B) Except as necessary to meet the min7 imum requirements for the administration of the 

8 Federal land, to provide access for abandoned 

9 mine cleanup, and to protect public health and 

10 safety— 

11 (i) the use of motor vehicles, motorized 

12 equipment, or mechanical transport (other 

13 than as provided in paragraph (3)); and 

14 (ii) the establishment of temporary 

15 roads. 

16 (3) AUTHORIZED ACTIVITIES.— 

17 (A) IN GENERAL.—The Secretary may 

18 allow any activities (including helicopter access 

19 for recreation and maintenance and the competi20 tive running event permitted since 1992) that 

21 have been authorized by permit or license as of 

22 the date of enactment of this Act to continue 

23 within the Special Management Areas, subject to 

24 such terms and conditions as the Secretary may 

25 require. 


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1 (B) PERMITTING.—The designation of the 

2 Special Management Areas by subsection (a) 

3 shall not affect the issuance of permits relating 

4 to the activities covered under subparagraph (A) 

5 after the date of enactment of this Act. 

6 (C) BICYCLES.—The Secretary may permit 

7 the use of bicycles in— 

8 (i) the portion of the Sheep Mountain 

9 Special Management Area identified as 

10 ‘‘Ophir Valley Area’’ on the map entitled 

11 ‘‘Proposed Sheep Mountain Special Man12 agement Area’’ and dated September 19, 

13 2018; and 

14 (ii) the portion of the Liberty Bell 

15 East Special Management Area identified 

16 as ‘‘Liberty Bell Corridor’’ on the map enti17 tled ‘‘Proposed Liberty Bell and Last Dollar 

18 Additions to the Mt. Sneffels Wilderness, 

19 Liberty Bell East Special Management 

20 Area’’ and dated September 6, 2018. 

21 (d) APPLICABLE LAW.—Water and water rights in the 

22 Special Management Areas shall be administered in accord23 ance with section 8 of the Colorado Wilderness Act of 1993 

24 (Public Law 103–77; 107 Stat. 762), except that, for pur25 poses of this Act— 


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1 (1) any reference contained in that section to 

2 ‘‘the lands designated as wilderness by this Act’’, ‘‘the 

3 Piedra, Roubideau, and Tabeguache areas identified 

4 in section 9 of this Act, or the Bowen Gulch Protec5 tion Area or the Fossil Ridge Recreation Management 

6 Area identified in sections 5 and 6 of this Act’’, or 

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

8 Act’’ shall be considered to be a reference to ‘‘the Spe9 cial Management Areas’’; and 

10 (2) any reference contained in that section to 

11 ‘‘this Act’’ shall be considered to be a reference to ‘‘the 

12 Colorado Outdoor Recreation and Economy Act’’. 

13 SEC. 204. RELEASE OF WILDERNESS STUDY AREAS. 

14 (a) DOMINGUEZ CANYON WILDERNESS STUDY

15 AREA.—Subtitle E of title II of Public Law 111–11 is 

16 amended— 

17 (1) by redesignating section 2408 (16 U.S.C. 

18 460zzz–7) as section 2409; and 

19 (2) by inserting after section 2407 (16 U.S.C. 

20 460zzz–6) the following: 

21 ‘‘SEC. 2408. RELEASE. 

22 ‘‘(a) IN GENERAL.—Congress finds that, for the pur23 poses of section 603(c) of the Federal Land Policy and Man24 agement Act of 1976 (43 U.S.C. 1782(c)), the portions of 

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1 ignated as wilderness by this subtitle have been adequately 

2 studied for wilderness designation. 

3 ‘‘(b) RELEASE.—Any public land referred to in sub4 section (a) that is not designated as wilderness by this sub5 title— 

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

7 Federal Land Policy and Management Act of 1976 

8 (43 U.S.C. 1782(c)); and 

9 ‘‘(2) shall be managed in accordance with this 

10 subtitle and any other applicable laws.’’. 

11 (b) MCKENNA PEAK WILDERNESS STUDY AREA.— 

12 (1) IN GENERAL.—Congress finds that, for the 

13 purposes of section 603(c) of the Federal Land Policy 

14 and Management Act of 1976 (43 U.S.C. 1782(c)), the 

15 portions of the McKenna Peak Wilderness Study Area 

16 in San Miguel County in the State not designated as 

17 wilderness by paragraph (29) of section 2(a) of the 

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

19 note; Public Law 103–77) (as added by section 202) 

20 have been adequately studied for wilderness designa21 tion. 

22 (2) RELEASE.—Any public land referred to in 

23 paragraph (1) that is not designated as wilderness by 

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1 derness Act of 1993 (16 U.S.C. 1132 note; Public Law 

2 103–77) (as added by section 202)— 

3 (A) is no longer subject to section 603(c) of 

4 the Federal Land Policy and Management Act of 

5 1976 (43 U.S.C. 1782(c)); and 

6 (B) shall be managed in accordance with 

7 applicable laws. 

8 SEC. 205. ADMINISTRATIVE PROVISIONS. 

9 (a) FISH AND WILDLIFE.—Nothing in this title affects 

10 the jurisdiction or responsibility of the State with respect 

11 to fish and wildlife in the State. 

12 (b) NO BUFFER ZONES.— 

13 (1) IN GENERAL.—Nothing in this title estab14 lishes a protective perimeter or buffer zone around 

15 covered land. 

16 (2) ACTIVITIES OUTSIDE WILDERNESS.—The fact 

17 that a nonwilderness activity or use on land outside 

18 of the covered land can be seen or heard from within 

19 covered land shall not preclude the activity or use 

20 outside the boundary of the covered land. 

21 (c) MAPS AND LEGAL DESCRIPTIONS.— 

22 (1) IN GENERAL.—As soon as practicable after 

23 the date of enactment of this Act, the Secretary or the 

24 Secretary of the Interior, as appropriate, shall file a 

25 map and a legal description of each wilderness area 


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1 designated by paragraphs (27) through (29) of section 

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

3 U.S.C. 1132 note; Public Law 103–77) (as added by 

4 section 202) and the Special Management Areas 

5 with— 

6 (A) the Committee on Natural Resources of 

7 the House of Representatives; and 

8 (B) the Committee on Energy and Natural 

9 Resources of the Senate. 

10 (2) FORCE OF LAW.—Each map and legal de11 scription filed under paragraph (1) shall have the 

12 same force and effect as if included in this title, ex13 cept that the Secretary or the Secretary of the Inte14 rior, as appropriate, may correct any typographical 

15 errors in the maps and legal descriptions. 

16 (3) PUBLIC AVAILABILITY.—Each map and legal 

17 description filed under paragraph (1) shall be on file 

18 and available for public inspection in the appropriate 

19 offices of the Bureau of Land Management and the 

20 Forest Service. 

21 (d) ACQUISITION OF LAND.— 

22 (1) IN GENERAL.—The Secretary or the Sec23 retary of the Interior, as appropriate, may acquire 

24 any land or interest in land within the boundaries of 

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1 ignated under paragraphs (27) through (29) of section 

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

3 U.S.C. 1132 note; Public Law 103–77) (as added by 

4 section 202) only through exchange, donation, or pur5 chase from a willing seller. 

6 (2) MANAGEMENT.—Any land or interest in land 

7 acquired under paragraph (1) shall be incorporated 

8 into, and administered as a part of, the wilderness or 

9 Special Management Area in which the land or inter10 est in land is located. 

11 (e) GRAZING.—The grazing of livestock on covered 

12 land, if established before the date of enactment of this Act, 

13 shall be permitted to continue subject to such reasonable reg14 ulations as are considered to be necessary by the Secretary 

15 with jurisdiction over the covered land, in accordance 

16 with— 

17 (1) section 4(d)(4) of the Wilderness Act (16 

18 U.S.C. 1133(d)(4)); and 

19 (2) the applicable guidelines set forth in Appen20 dix A of the report of the Committee on Interior and 

21 Insular Affairs of the House of Representatives ac22 companying H.R. 2570 of the 101st Congress (H. 

23 Rept. 101–405) or H.R. 5487 of the 96th Congress 

24 (H. Rept. 96–617). 


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1 (f) FIRE, INSECTS, AND DISEASES.—In accordance 

2 with section 4(d)(1) of the Wilderness Act (16 U.S.C. 

3 1133(d)(1)), the Secretary with jurisdiction over a wilder4 ness area designated by paragraphs (27) through (29) of 

5 section 2(a) of the Colorado Wilderness Act of 1993 (16 

6 U.S.C. 1132 note; Public Law 103–77) (as added by section 

7 202) may carry out any activity in the wilderness area that 

8 the Secretary determines to be necessary for the control of 

9 fire, insects, and diseases, subject to such terms and condi10 tions as the Secretary determines to be appropriate. 

11 (g) WITHDRAWAL.—Subject to valid rights in existence 

12 on the date of enactment of this Act, the covered land and 

13 the approximately 6,590 acres generally depicted on the 

14 map entitled ‘‘Proposed Naturita Canyon Mineral With15 drawal Area’’ and dated September 6, 2018, is withdrawn 

16 from— 

17 (1) entry, appropriation, and disposal under the 

18 public land laws; 

19 (2) location, entry, and patent under mining 

20 laws; and 

21 (3) operation of the mineral leasing, mineral 

22 materials, and geothermal leasing laws. 

23 TITLE III—THOMPSON DIVIDE 

24 SEC. 301. PURPOSES. 

25 The purposes of this title are— 


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1 (1) subject to valid existing rights, to withdraw 

2 certain Federal land in the Thompson Divide area 

3 from mineral and other disposal laws; and 

4 (2) to promote the capture of fugitive methane 

5 emissions that would otherwise be emitted into the at6 mosphere— 

7 (A) to reduce methane gas emissions; and 

8 (B) to provide— 

9 (i) new renewable electricity supplies 

10 and other beneficial uses of fugitive methane 

11 emissions; and 

12 (ii) increased royalties for taxpayers. 

13 SEC. 302. DEFINITIONS. 

14 In this title: 

15 (1) FUGITIVE METHANE EMISSIONS.—The term 

16 ‘‘fugitive methane emissions’’ means methane gas 

17 from those Federal lands in Garfield, Gunnison, 

18 Delta, or Pitkin County in the State generally de19 picted on the pilot program map as ‘‘Fugitive Coal 

20 Mine Methane Use Pilot Program Area’’ that would 

21 leak or be vented into the atmosphere from an active, 

22 inactive or abandoned underground coal mine. 

23 (2) PILOT PROGRAM.—The term ‘‘pilot program’’ 

24 means the Greater Thompson Divide Fugitive Coal 


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1 Mine Methane Use Pilot Program established by sec2 tion 305(a)(1). 

3 (3) PILOT PROGRAM MAP.—The term ‘‘pilot pro4 gram map’’ means the map entitled ‘‘Greater Thomp5 son Divide Fugitive Coal Mine Methane Use Pilot 

6 Program Area’’ and dated June 17, 2019. 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (5) THOMPSON DIVIDE LEASE.— 

10 (A) IN GENERAL.—The term ‘‘Thompson 

11 Divide lease’’ means any oil or gas lease in effect 

12 on the date of enactment of this Act within the 

13 Thompson Divide Withdrawal and Protection 

14 Area. 

15 (B) EXCLUSIONS.—The term ‘‘Thompson 

16 Divide lease’’ does not include any oil or gas 

17 lease that— 

18 (i) is associated with a Wolf Creek 

19 Storage Field development right; or 

20 (ii) before the date of enactment of this 

21 Act, has expired, been cancelled, or other22 wise terminated. 

23 (6) THOMPSON DIVIDE MAP.—The term ‘‘Thomp24 son Divide map’’ means the map entitled ‘‘Greater 


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1 Thompson Divide Area Map’’ and dated June 13, 

2 2019. 

3 (7) THOMPSON DIVIDE WITHDRAWAL AND PRO4 TECTION AREA.—The term ‘‘Thompson Divide With5 drawal and Protection Area’’ means the Federal land 

6 and minerals generally depicted on the Thompson Di7 vide map as the ‘‘Thompson Divide Withdrawal and 

8 Protection Area’’. 

9 (8) WOLF CREEK STORAGE FIELD DEVELOPMENT

10 RIGHT.— 

11 (A) IN GENERAL.—The term ‘‘Wolf Creek 

12 Storage Field development right’’ means a devel13 opment right for any of the Federal mineral 

14 leases numbered COC 007496, COC 007497, 

15 COC 007498, COC 007499, COC 007500, COC 

16 007538, COC 008128, COC 015373, COC 

17 0128018, COC 051645, and COC 051646, and 

18 generally depicted on the Thompson Divide map 

19 as ‘‘Wolf Creek Storage Agreement’’. 

20 (B) EXCLUSIONS.—The term ‘‘Wolf Creek 

21 Storage Field development right’’ does not in22 clude any storage right or related activity within 

23 the area described in subparagraph (A). 


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1 SEC. 303. THOMPSON DIVIDE WITHDRAWAL AND PROTEC2 TION AREA. 

3 (a) WITHDRAWAL.—Subject to valid existing rights, 

4 the Thompson Divide Withdrawal and Protection Area is 

5 withdrawn from— 

6 (1) entry, appropriation, and disposal under the 

7 public land laws; 

8 (2) location, entry, and patent under the mining 

9 laws; and 

10 (3) operation of the mineral leasing, mineral 

11 materials, and geothermal leasing laws. 

12 (b) SURVEYS.—The exact acreage and legal description 

13 of the Thompson Divide Withdrawal and Protection Area 

14 shall be determined by surveys approved by the Secretary, 

15 in consultation with the Secretary of Agriculture. 

16 SEC. 304. THOMPSON DIVIDE LEASE EXCHANGE. 

17 (a) IN GENERAL.—In exchange for the relinquishment 

18 by a leaseholder of all Thompson Divide leases of the lease19 holder, the Secretary may issue to the leaseholder credits 

20 for any bid, royalty, or rental payment due under any Fed21 eral oil or gas lease on Federal land in the State, in accord22 ance with subsection (b). 

23 (b) AMOUNT OF CREDITS.— 

24 (1) IN GENERAL.—Subject to paragraph (2), the 

25 amount of the credits issued to a leaseholder of a 


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1 Thompson Divide lease relinquished under subsection 

2 (a) shall— 

3 (A) be equal to the sum of— 

4 (i) the amount of the bonus bids paid 

5 for the applicable Thompson Divide leases; 

6 (ii) the amount of any rental paid for 

7 the applicable Thompson Divide leases as of 

8 the date on which the leaseholder submits to 

9 the Secretary a notice of the decision to re10 linquish the applicable Thompson Divide 

11 leases; and 

12 (iii) the amount of any expenses in13 curred by the leaseholder of the applicable 

14 Thompson Divide leases in the preparation 

15 of any drilling permit, sundry notice, or 

16 other related submission in support of the 

17 development of the applicable Thompson Di18 vide leases as of January 28, 2019, includ19 ing any expenses relating to the preparation 

20 of any analysis under the National Envi21 ronmental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.); and 

23 (B) require the approval of the Secretary. 

24 (2) EXCLUSION.—The amount of a credit issued 

25 under subsection (a) shall not include any expenses 


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1 paid by the leaseholder of a Thompson Divide lease 

2 for legal fees or related expenses for legal work with 

3 respect to a Thompson Divide lease. 

4 (c) CANCELLATION.—Effective on relinquishment 

5 under this section, and without any additional action by 

6 the Secretary, a Thompson Divide lease— 

7 (1) shall be permanently cancelled; and 

8 (2) shall not be reissued. 

9 (d) CONDITIONS.— 

10 (1) APPLICABLE LAW.—Except as otherwise pro11 vided in this section, each exchange under this section 

12 shall be conducted in accordance with— 

13 (A) this Act; and 

14 (B) other applicable laws (including regula15 tions). 

16 (2) ACCEPTANCE OF CREDITS.—The Secretary 

17 shall accept credits issued under subsection (a) in the 

18 same manner as cash for the payments described in 

19 that subsection. 

20 (3) APPLICABILITY.—The use of a credit issued 

21 under subsection (a) shall be subject to the laws (in22 cluding regulations) applicable to the payments de23 scribed in that subsection, to the extent that the laws 

24 are consistent with this section. 


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1 (4) TREATMENT OF CREDITS.—All amounts in 

2 the form of credits issued under subsection (a) accept3 ed by the Secretary shall be considered to be amounts 

4 received for the purposes of— 

5 (A) section 35 of the Mineral Leasing Act 

6 (30 U.S.C. 191); and 

7 (B) section 20 of the Geothermal Steam Act 

8 of 1970 (30 U.S.C. 1019). 

9 (e) WOLF CREEK STORAGE FIELD DEVELOPMENT

10 RIGHTS.— 

11 (1) CONVEYANCE TO SECRETARY.—As a condi12 tion precedent to the relinquishment of a Thompson 

13 Divide lease, any leaseholder with a Wolf Creek Stor14 age Field development right shall permanently relin15 quish, transfer, and otherwise convey to the Secretary, 

16 in a form acceptable to the Secretary, all Wolf Creek 

17 Storage Field development rights of the leaseholder. 

18 (2) LIMITATION OF TRANSFER.—An interest ac19 quired by the Secretary under paragraph (1)— 

20 (A) shall be held in perpetuity; and 

21 (B) shall not be— 

22 (i) transferred; 

23 (ii) reissued; or 

24 (iii) otherwise used for mineral extrac25 tion. 


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1 SEC. 305. GREATER THOMPSON DIVIDE FUGITIVE COAL 

2 MINE METHANE USE PILOT PROGRAM. 

3 (a) FUGITIVE COAL MINE METHANE USE PILOT PRO4 GRAM.— 

5 (1) ESTABLISHMENT.—There is established in 

6 the Bureau of Land Management a pilot program, to 

7 be known as the ‘‘Greater Thompson Divide Fugitive 

8 Coal Mine Methane Use Pilot Program’’. 

9 (2) PURPOSE.—The purpose of the pilot program 

10 is to promote the capture, beneficial use, mitigation, 

11 and sequestration of fugitive methane emissions— 

12 (A) to reduce methane emissions; 

13 (B) to promote economic development; 

14 (C) to produce bid and royalty revenues; 

15 (D) to improve air quality; and 

16 (E) to improve public safety. 

17 (3) PLAN.— 

18 (A) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, the Sec20 retary shall develop a plan— 

21 (i) to complete an inventory of fugitive 

22 methane emissions in accordance with sub23 section (b); 

24 (ii) to provide for the leasing of fugi25 tive methane emissions in accordance with 

26 subsection (c); and 


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1 (iii) to provide for the capping or de2 struction of fugitive methane emissions in 

3 accordance with subsection (d). 

4 (B) COORDINATION.—In developing the 

5 plan under this paragraph, the Secretary shall 

6 coordinate with— 

7 (i) the State; 

8 (ii) Garfield, Gunnison, Delta, and 

9 Pitkin Counties in the State; 

10 (iii) lessees of Federal coal within the 

11 counties referred to in clause (ii); 

12 (iv) interested institutions of higher 

13 education in the State; and 

14 (v) interested members of the public. 

15 (b) FUGITIVE METHANE EMISSION INVENTORY.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, the Secretary shall 

18 complete an inventory of fugitive methane emissions. 

19 (2) CONDUCT.—The Secretary may conduct the 

20 inventory under paragraph (1) through, or in collabo21 ration with— 

22 (A) the Bureau of Land Management; 

23 (B) the United States Geological Survey; 

24 (C) the Environmental Protection Agency; 

25 (D) the United States Forest Service; 


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1 (E) State departments or agencies; 

2 (F) Garfield, Gunnison, Delta, or Pitkin 

3 County in the State; 

4 (G) the Garfield County Federal Mineral 

5 Lease District; 

6 (H) institutions of higher education in the 

7 State; 

8 (I) lessees of Federal coal within a county 

9 referred to in subparagraph (F); 

10 (J) the National Oceanic and Atmospheric 

11 Administration; 

12 (K) the National Center for Atmospheric 

13 Research; or 

14 (L) other interested entities, including mem15 bers of the public. 

16 (3) CONTENTS.—The inventory under paragraph 

17 (1) shall include— 

18 (A) the general location and geographic co19 ordinates of each vent, seep, or other source pro20 ducing significant fugitive methane emissions; 

21 (B) an estimate of the volume and con22 centration of fugitive methane emissions from 

23 each source of significant fugitive methane emis24 sions including details of measurements taken 

25 and the basis for that emissions estimate; 


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1 (C) an estimate of the total volume of fugi2 tive methane emissions each year; 

3 (D) relevant data and other information 

4 available from— 

5 (i) the Environmental Protection 

6 Agency; 

7 (ii) the Mine Safety and Health Ad8 ministration; 

9 (iii) Colorado Department of Natural 

10 Resources; 

11 (iv) Colorado Public Utility Commis12 sion; 

13 (v) Colorado Department of Health 

14 and Environment; and 

15 (vi) Office of Surface Mining Reclama16 tion and Enforcement; and 

17 (E) such other information as may be useful 

18 in advancing the purposes of the pilot program. 

19 (4) PUBLIC PARTICIPATION; DISCLOSURE.— 

20 (A) PUBLIC PARTICIPATION.—The Secretary 

21 shall provide opportunities for public participa22 tion in the inventory under this subsection. 

23 (B) AVAILABILITY.—The Secretary shall 

24 make the inventory under this subsection pub25 licly available. 


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1 (C) DISCLOSURE.—Nothing in this sub2 section requires the Secretary to publicly release 

3 information that— 

4 (i) poses a threat to public safety; 

5 (ii) is confidential business informa6 tion; or 

7 (iii) is otherwise protected from public 

8 disclosure. 

9 (5) USE.—The Secretary shall use the inventory 

10 in carrying out— 

11 (A) the leasing program under subsection 

12 (c); and 

13 (B) the capping or destruction of fugitive 

14 methane emissions under subsection (d). 

15 (c) FUGITIVE METHANE EMISSION LEASING PRO16 GRAM.— 

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

18 rights and in accordance with this section, not later 

19 than 1 year after the date of completion of the inven20 tory required under subsection (b), the Secretary shall 

21 carry out a program to encourage the use and de22 struction of fugitive methane emissions. 

23 (2) FUGITIVE METHANE EMISSIONS FROM COAL

24 MINES SUBJECT TO LEASE.— 


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1 (A) IN GENERAL.—The Secretary shall au2 thorize the holder of a valid existing Federal coal 

3 lease for a mine that is producing fugitive meth4 ane emissions to capture for use, or destroy by 

5 flaring, the fugitive methane emissions. 

6 (B) CONDITIONS.—The authority under 

7 subparagraph (A) shall be— 

8 (i) subject to valid existing rights; and 

9 (ii) subject to such terms and condi10 tions as the Secretary may require. 

11 (C) LIMITATIONS.—The program carried 

12 out under paragraph (1) shall only include fugi13 tive methane emissions that can be captured for 

14 use, or destroyed by flaring, in a manner that 

15 does not— 

16 (i) endanger the safety of any coal 

17 mine worker; or 

18 (ii) unreasonably interfere with any 

19 ongoing operation at a coal mine. 

20 (D) COOPERATION.— 

21 (i) IN GENERAL.—The Secretary shall 

22 work cooperatively with the holders of valid 

23 existing Federal coal leases for mines that 

24 produce fugitive methane emissions to en25 courage— 


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1 (I) the capture of fugitive methane 

2 emissions for beneficial use, such as 

3 generating electrical power, producing 

4 usable heat, transporting the methane 

5 to market, transforming the fugitive 

6 methane emissions into a different 

7 marketable material; or 

8 (II) if the beneficial use of the fu9 gitive methane emissions is not fea10 sible, the destruction of the fugitive 

11 methane emissions by flaring. 

12 (ii) GUIDANCE.—In furtherance of the 

13 purposes of this paragraph, not later than 

14 1 year after the date of enactment of this 

15 Act, the Secretary shall issue guidance for 

16 the implementation of Federal authorities 

17 and programs to encourage the capture for 

18 use, or destruction by flaring, of fugitive 

19 methane emissions while minimizing im20 pacts on natural resources or other public 

21 interest values. 

22 (E) ROYALTIES.—The Secretary shall deter23 mine whether any fugitive methane emissions 

24 used or destroyed pursuant to this paragraph are 


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1 subject to the payment of a royalty under appli2 cable law. 

3 (3) FUGITIVE METHANE EMISSIONS FROM ABAN4 DONED COAL MINES.— 

5 (A) IN GENERAL.—Except as otherwise pro6 vided in this section, notwithstanding section 

7 303, subject to valid existing rights, and in ac8 cordance with section 21 of the Mineral Leasing 

9 Act (30 U.S.C. 241) and any other applicable 

10 law, the Secretary shall— 

11 (i) authorize the capture for use, or de12 struction by flaring, of fugitive methane 

13 emissions from abandoned coal mines on 

14 Federal land; and 

15 (ii) make available for leasing such fu16 gitive methane emissions from abandoned 

17 coal mines on Federal land as the Secretary 

18 considers to be in the public interest. 

19 (B) SOURCE.—To the maximum extent 

20 practicable, the Secretary shall offer for lease 

21 each significant vent, seep, or other source of fu22 gitive methane emissions from abandoned coal 

23 mines. 

24 (C) BID QUALIFICATIONS.—A bid to lease 

25 fugitive methane emissions under this paragraph 


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1 shall specify whether the prospective lessee in2 tends— 

3 (i) to capture the fugitive methane 

4 emissions for beneficial use, such as gener5 ating electrical power, producing usable 

6 heat, transporting the methane to market, 

7 transforming the fugitive methane emissions 

8 into a different marketable material; 

9 (ii) to destroy the fugitive methane 

10 emissions by flaring; or 

11 (iii) to employ a specific combination 

12 of— 

13 (I) capturing the fugitive methane 

14 emissions for beneficial use; and 

15 (II) destroying the fugitive meth16 ane emission by flaring. 

17 (D) PRIORITY.— 

18 (i) IN GENERAL.—If there is more than 

19 1 qualified bid for a lease under this para20 graph, the Secretary shall select the bid that 

21 the Secretary determines is likely to most 

22 significantly advance the public interest. 

23 (ii) CONSIDERATIONS.—In deter24 mining the public interest under clause (i), 


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1 the Secretary shall take into consider2 ation— 

3 (I) the size of the overall decrease 

4 in the time-integrated radiative forcing 

5 of the fugitive methane emissions; 

6 (II) the impacts to other natural 

7 resource values, including wildlife, 

8 water, and air; and 

9 (III) other public interest values, 

10 including scenic, economic, recreation, 

11 and cultural values. 

12 (E) LEASE FORM.— 

13 (i) IN GENERAL.—The Secretary shall 

14 develop and provide to prospective bidders a 

15 lease form for leases issued under this para16 graph. 

17 (ii) DUE DILIGENCE.—The lease form 

18 developed under clause (i) shall include 

19 terms and conditions requiring the leased 

20 fugitive methane emissions to be put to ben21 eficial use or flared by not later than 1 year 

22 after the date of issuance of the lease. 

23 (F) ROYALTY RATE.—The Secretary shall 

24 develop a minimum bid and royalty rate for 

25 leases under this paragraph to advance the purVerDate Sep 11 2014 20:45 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 E:\BILLS\H823.RH H823

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1 poses of this section, to the maximum extent 

2 practicable. 

3 (d) SEQUESTRATION.—If, by not later than 4 years 

4 after the date of enactment of this Act, any significant fugi5 tive methane emissions from abandoned coal mines on Fed6 eral land are not leased under subsection (c)(3), the Sec7 retary shall, in accordance with applicable law, take all 

8 reasonable measures— 

9 (1) to cap those fugitive methane emissions at 

10 the source in any case in which the cap will result 

11 in the long-term sequestration of all or a significant 

12 portion of the fugitive methane emissions; or 

13 (2) if sequestration under paragraph (1) is not 

14 feasible, destroy the fugitive methane emissions by 

15 flaring. 

16 (e) REPORT TO CONGRESS.—Not later than 4 years 

17 after the date of enactment of this Act the Secretary shall 

18 submit to the Committee on Natural Resources of the House 

19 of Representatives and the Committee on Energy and Nat20 ural Resources of the Senate a report detailing— 

21 (1) the economic and environmental impacts of 

22 the pilot program, including information on in23 creased royalties and estimates of avoided greenhouse 

24 gas emissions; and 


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1 (2) any recommendations by the Secretary on 

2 whether the pilot program could be expanded geo3 graphically to include other significant sources of fu4 gitive methane emissions from coal mines. 

5 SEC. 306. EFFECT. 

6 Except as expressly provided in this title, nothing in 

7 this title— 

8 (1) expands, diminishes, or impairs any valid 

9 existing mineral leases, mineral interest, or other 

10 property rights wholly or partially within the 

11 Thompson Divide Withdrawal and Protection Area, 

12 including access to the leases, interests, rights, or land 

13 in accordance with applicable Federal, State, and 

14 local laws (including regulations); 

15 (2) prevents the capture of methane from any ac16 tive, inactive, or abandoned coal mine covered by this 

17 title, in accordance with applicable laws; or 

18 (3) prevents access to, or the development of, any 

19 new or existing coal mine or lease in Delta or Gunni20 son County in the State. 

21 TITLE IV—CURECANTI 

22 NATIONAL RECREATION AREA 

23 SEC. 401. DEFINITIONS. 

24 In this title: 


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1 (1) MAP.—The term ‘‘map’’ means the map enti2 tled ‘‘Curecanti National Recreation Area, Proposed 

3 Boundary’’, numbered 616/100,485C, and dated Au4 gust 11, 2016. 

5 (2) NATIONAL RECREATION AREA.—The term 

6 ‘‘National Recreation Area’’ means the Curecanti Na7 tional Recreation Area established by section 402(a). 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 SEC. 402. CURECANTI NATIONAL RECREATION AREA. 

11 (a) ESTABLISHMENT.—Effective beginning on the ear12 lier of the date on which the Secretary approves a request 

13 under subsection (c)(2)(B)(i)(I) and the date that is 1 year 

14 after the date of enactment of this Act, there shall be estab15 lished as a unit of the National Park System the Curecanti 

16 National Recreation Area, in accordance with this Act, con17 sisting of approximately 50,667 acres of land in the State, 

18 as generally depicted on the map as ‘‘Curecanti National 

19 Recreation Area Proposed Boundary’’. 

20 (b) AVAILABILITY OF MAP.—The map shall be on file 

21 and available for public inspection in the appropriate of22 fices of the National Park Service. 

23 (c) ADMINISTRATION.— 


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1 (1) IN GENERAL.—The Secretary shall admin2 ister the National Recreation Area in accordance 

3 with— 

4 (A) this title; and 

5 (B) the laws (including regulations) gen6 erally applicable to units of the National Park 

7 System, including section 100101(a), chapter 

8 1003, and sections 100751(a), 100752, 100753, 

9 and 102101 of title 54, United States Code. 

10 (2) DAM, POWERPLANT, AND RESERVOIR MAN11 AGEMENT AND OPERATIONS.— 

12 (A) IN GENERAL.—Nothing in this title af13 fects or interferes with the authority of the Sec14 retary— 

15 (i) to operate the Uncompahgre Valley 

16 Reclamation Project under the reclamation 

17 laws; 

18 (ii) to operate the Wayne N. Aspinall 

19 Unit of the Colorado River Storage Project 

20 under the Act of April 11, 1956 (commonly 

21 known as the ‘‘Colorado River Storage 

22 Project Act’’) (43 U.S.C. 620 et seq.); or 

23 (iii) under the Federal Water Project 

24 Recreation Act (16 U.S.C. 460l–12 et seq.). 

25 (B) RECLAMATION LAND.— 


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1 (i) SUBMISSION OF REQUEST TO RE2 TAIN ADMINISTRATIVE JURISDICTION.—If, 

3 before the date that is 1 year after the date 

4 of enactment of this Act, the Commissioner 

5 of Reclamation submits to the Secretary a 

6 request for the Commissioner of Reclama7 tion to retain administrative jurisdiction 

8 over the minimum quantity of land within 

9 the land identified on the map as ‘‘Lands 

10 withdrawn or acquired for Bureau of Rec11 lamation projects’’ that the Commissioner of 

12 Reclamation identifies as necessary for the 

13 effective operation of Bureau of Reclama14 tion water facilities, the Secretary may— 

15 (I) approve, approve with modi16 fications, or disapprove the request; 

17 and 

18 (II) if the request is approved 

19 under subclause (I), make any modi20 fications to the map that are necessary 

21 to reflect that the Commissioner of Rec22 lamation retains management author23 ity over the minimum quantity of land 

24 required to fulfill the reclamation mis25 sion. 


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1 (ii) TRANSFER OF LAND.— 

2 (I) IN GENERAL.—Administrative 

3 jurisdiction over the land identified on 

4 the map as ‘‘Lands withdrawn or ac5 quired for Bureau of Reclamation 

6 projects’’, as modified pursuant to 

7 clause (i)(II), if applicable, shall be 

8 transferred from the Commissioner of 

9 Reclamation to the Director of the Na10 tional Park Service by not later than 

11 the date that is 1 year after the date 

12 of enactment of this Act. 

13 (II) ACCESS TO TRANSFERRED

14 LAND.— 

15 (aa) IN GENERAL.—Subject 

16 to item (bb), the Commissioner of 

17 Reclamation shall retain access to 

18 the land transferred to the Direc19 tor of the National Park Service 

20 under subclause (I) for reclama21 tion purposes, including for the 

22 operation, maintenance, and ex23 pansion or replacement of facili24 ties. 


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1 (bb) MEMORANDUM OF UN2 DERSTANDING.—The terms of the 

3 access authorized under item (aa) 

4 shall be determined by a memo5 randum of understanding entered 

6 into between the Commissioner of 

7 Reclamation and the Director of 

8 the National Park Service not 

9 later than 1 year after the date of 

10 enactment of this Act. 

11 (3) MANAGEMENT AGREEMENTS.— 

12 (A) IN GENERAL.—The Secretary may enter 

13 into management agreements, or modify man14 agement agreements in existence on the date of 

15 enactment of this Act, relating to the authority 

16 of the Director of the National Park Service, the 

17 Commissioner of Reclamation, the Director of the 

18 Bureau of Land Management, or the Chief of the 

19 Forest Service to manage Federal land within or 

20 adjacent to the boundary of the National Recre21 ation Area. 

22 (B) STATE LAND.—The Secretary may 

23 enter into cooperative management agreements 

24 for any land administered by the State that is 

25 within or adjacent to the National Recreation 


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1 Area, in accordance with the cooperative man2 agement authority under section 101703 of title 

3 54, United States Code. 

4 (4) RECREATIONAL ACTIVITIES.— 

5 (A) AUTHORIZATION.—Except as provided 

6 in subparagraph (B), the Secretary shall allow 

7 boating, boating-related activities, hunting, and 

8 fishing in the National Recreation Area in ac9 cordance with applicable Federal and State laws. 

10 (B) CLOSURES; DESIGNATED ZONES.— 

11 (i) IN GENERAL.—The Secretary, act12 ing through the Superintendent of the Na13 tional Recreation Area, may designate zones 

14 in which, and establish periods during 

15 which, no boating, hunting, or fishing shall 

16 be permitted in the National Recreation 

17 Area under subparagraph (A) for reasons of 

18 public safety, administration, or compliance 

19 with applicable laws. 

20 (ii) CONSULTATION REQUIRED.—Ex21 cept in the case of an emergency, any clo22 sure proposed by the Secretary under clause 

23 (i) shall not take effect until after the date 

24 on which the Superintendent of the Na25 tional Recreation Area consults with— 


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1 (I) the appropriate State agency 

2 responsible for hunting and fishing ac3 tivities; and 

4 (II) the Board of County Commis5 sioners in each county in which the 

6 zone is proposed to be designated. 

7 (5) LANDOWNER ASSISTANCE.—On the written 

8 request of an individual that owns private land lo9 cated not more than 3 miles from the boundary of the 

10 National Recreation Area, the Secretary may work in 

11 partnership with the individual to enhance the long12 term conservation of natural, cultural, recreational, 

13 and scenic resources in and around the National 

14 Recreation Area— 

15 (A) by acquiring all or a portion of the pri16 vate land or interests in private land located not 

17 more than 3 miles from the boundary of the Na18 tional Recreation Area by purchase, exchange, or 

19 donation, in accordance with section 403; 

20 (B) by providing technical assistance to the 

21 individual, including cooperative assistance; 

22 (C) through available grant programs; and 

23 (D) by supporting conservation easement 

24 opportunities. 


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1 (6) WITHDRAWAL.—Subject to valid existing 

2 rights, all Federal land within the National Recre3 ation Area is withdrawn from— 

4 (A) entry, appropriation, and disposal 

5 under the public land laws; 

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

7 mining laws; and 

8 (C) operation of the mineral leasing, min9 eral materials, and geothermal leasing laws. 

10 (7) GRAZING.— 

11 (A) STATE LAND SUBJECT TO A STATE

12 GRAZING LEASE.— 

13 (i) IN GENERAL.—If State land ac14 quired under this title is subject to a State 

15 grazing lease in effect on the date of acqui16 sition, the Secretary shall allow the grazing 

17 to continue for the remainder of the term of 

18 the lease, subject to the related terms and 

19 conditions of user agreements, including 

20 permitted stocking rates, grazing fee levels, 

21 access rights, and ownership and use of 

22 range improvements. 

23 (ii) ACCESS.—A lessee of State land 

24 may continue its use of established routes 

25 within the National Recreation Area to acVerDate Sep 11 2014 20:45 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\H823.RH H823

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1 cess State land for purposes of admin2 istering the lease if the use was permitted 

3 before the date of enactment of this Act, sub4 ject to such terms and conditions as the Sec5 retary may require. 

6 (B) STATE AND PRIVATE LAND.—The Sec7 retary may, in accordance with applicable laws, 

8 authorize grazing on land acquired from the 

9 State or private landowners under section 403, if 

10 grazing was established before the date of acqui11 sition. 

12 (C) PRIVATE LAND.—On private land ac13 quired under section 403 for the National Recre14 ation Area on which authorized grazing is occur15 ring before the date of enactment of this Act, the 

16 Secretary, in consultation with the lessee, may 

17 allow the continuation and renewal of grazing 

18 on the land based on the terms of acquisition or 

19 by agreement between the Secretary and the les20 see, subject to applicable law (including regula21 tions). 

22 (D) FEDERAL LAND.—The Secretary 

23 shall— 

24 (i) allow, consistent with the grazing 

25 leases, uses, and practices in effect as of the 


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1 date of enactment of this Act, the continu2 ation and renewal of grazing on Federal 

3 land located within the boundary of the Na4 tional Recreation Area on which grazing is 

5 allowed before the date of enactment of this 

6 Act, unless the Secretary determines that 

7 grazing on the Federal land would present 

8 unacceptable impacts (as defined in section 

9 1.4.7.1 of the National Park Service docu10 ment entitled ‘‘Management Policies 2006: 

11 The Guide to Managing the National Park 

12 System’’) to the natural, cultural, rec13 reational, and scenic resource values and 

14 the character of the land within the Na15 tional Recreation Area; and 

16 (ii) retain all authorities to manage 

17 grazing in the National Recreation Area. 

18 (E) TERMINATION OF LEASES.—Within the 

19 National Recreation Area, the Secretary may— 

20 (i) accept the voluntary termination of 

21 a lease or permit for grazing; or 

22 (ii) in the case of a lease or permit va23 cated for a period of 3 or more years, termi24 nate the lease or permit. 

25 (8) WATER RIGHTS.—Nothing in this title— 


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1 (A) affects any use or allocation in existence 

2 on the date of enactment of this Act of any 

3 water, water right, or interest in water; 

4 (B) affects any vested absolute or decreed 

5 conditional water right in existence on the date 

6 of enactment of this Act, including any water 

7 right held by the United States; 

8 (C) affects any interstate water compact in 

9 existence on the date of enactment of this Act; 

10 (D) authorizes or imposes any new reserved 

11 Federal water right; or 

12 (E) shall be considered to be a relinquish13 ment or reduction of any water right reserved or 

14 appropriated by the United States in the State 

15 on or before the date of enactment of this Act. 

16 (9) FISHING EASEMENTS.— 

17 (A) IN GENERAL.—Nothing in this title di18 minishes or alters the fish and wildlife program 

19 for the Aspinall Unit developed under section 8 

20 of the Act of April 11, 1956 (commonly known 

21 as the ‘‘Colorado River Storage Project Act’’) (70 

22 Stat. 110, chapter 203; 43 U.S.C. 620g), by the 

23 United States Fish and Wildlife Service, the Bu24 reau of Reclamation, and the Colorado Division 

25 of Wildlife (including any successor in interest to 


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1 that division) that provides for the acquisition of 

2 public access fishing easements as mitigation for 

3 the Aspinall Unit (referred to in this paragraph 

4 as the ‘‘program’’). 

5 (B) ACQUISITION OF FISHING EASE6 MENTS.—The Secretary shall continue to fulfill 

7 the obligation of the Secretary under the pro8 gram to acquire 26 miles of class 1 public fish9 ing easements to provide to sportsmen access for 

10 fishing within the Upper Gunnison Basin up11 stream of the Aspinall Unit, subject to the condi12 tion that no existing fishing access downstream 

13 of the Aspinall Unit shall be counted toward the 

14 minimum mileage requirement under the pro15 gram. 

16 (C) PLAN.—Not later than 1 year after the 

17 date of enactment of this Act, the Secretary 

18 shall— 

19 (i) develop a plan for fulfilling the ob20 ligation of the Secretary described in sub21 paragraph (B); and 

22 (ii) submit to Congress a report that— 

23 (I) includes the plan developed 

24 under clause (i); and 


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1 (II) describes any progress made 

2 in the acquisition of public access fish3 ing easements as mitigation for the 

4 Aspinall Unit under the program. 

5 SEC. 403. ACQUISITION OF LAND; BOUNDARY MANAGE6 MENT. 

7 (a) ACQUISITION.— 

8 (1) IN GENERAL.—The Secretary may acquire 

9 any land or interest in land within the boundary of 

10 the National Recreation Area. 

11 (2) MANNER OF ACQUISITION.— 

12 (A) IN GENERAL.—Subject to subparagraph 

13 (B), land described in paragraph (1) may be ac14 quired under this subsection by— 

15 (i) donation; 

16 (ii) purchase from willing sellers with 

17 donated or appropriated funds; 

18 (iii) transfer from another Federal 

19 agency; or 

20 (iv) exchange. 

21 (B) STATE LAND.—Land or interests in 

22 land owned by the State or a political subdivi23 sion of the State may only be acquired by pur24 chase, donation, or exchange. 

25 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 


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1 (1) FOREST SERVICE LAND.— 

2 (A) IN GENERAL.—Administrative jurisdic3 tion over the approximately 2,560 acres of land 

4 identified on the map as ‘‘U.S. Forest Service 

5 proposed transfer to the National Park Service’’ 

6 is transferred to the Secretary, to be adminis7 tered by the Director of the National Park Serv8 ice as part of the National Recreation Area. 

9 (B) BOUNDARY ADJUSTMENT.—The bound10 ary of the Gunnison National Forest shall be ad11 justed to exclude the land transferred to the Sec12 retary under subparagraph (A). 

13 (2) BUREAU OF LAND MANAGEMENT LAND.—Ad14 ministrative jurisdiction over the approximately 

15 5,040 acres of land identified on the map as ‘‘Bureau 

16 of Land Management proposed transfer to National 

17 Park Service’’ is transferred from the Director of the 

18 Bureau of Land Management to the Director of the 

19 National Park Service, to be administered as part of 

20 the National Recreation Area. 

21 (3) WITHDRAWAL.—Administrative jurisdiction 

22 over the land identified on the map as ‘‘Proposed for 

23 transfer to the Bureau of Land Management, subject 

24 to the revocation of Bureau of Reclamation with25 drawal’’ shall be transferred to the Director of the BuVerDate Sep 11 2014 20:45 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\H823.RH H823

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1 reau of Land Management on relinquishment of the 

2 land by the Bureau of Reclamation and revocation by 

3 the Bureau of Land Management of any withdrawal 

4 as may be necessary. 

5 (c) POTENTIAL LAND EXCHANGE.— 

6 (1) IN GENERAL.—The withdrawal for reclama7 tion purposes of the land identified on the map as 

8 ‘‘Potential exchange lands’’ shall be relinquished by 

9 the Commissioner of Reclamation and revoked by the 

10 Director of the Bureau of Land Management and the 

11 land shall be transferred to the National Park Serv12 ice. 

13 (2) EXCHANGE; INCLUSION IN NATIONAL RECRE14 ATION AREA.—On transfer of the land described in 

15 paragraph (1), the transferred land— 

16 (A) may be exchanged by the Secretary for 

17 private land described in section 402(c)(5)— 

18 (i) subject to a conservation easement 

19 remaining on the transferred land, to pro20 tect the scenic resources of the transferred 

21 land; and 

22 (ii) in accordance with the laws (in23 cluding regulations) and policies governing 

24 National Park Service land exchanges; and 


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1 (B) if not exchanged under subparagraph 

2 (A), shall be added to, and managed as a part 

3 of, the National Recreation Area. 

4 (d) ADDITION TO NATIONAL RECREATION AREA.—Any 

5 land within the boundary of the National Recreation Area 

6 that is acquired by the United States shall be added to, and 

7 managed as a part of, the National Recreation Area. 

8 SEC. 404. GENERAL MANAGEMENT PLAN. 

9 Not later than 3 years after the date on which funds 

10 are made available to carry out this title, the Director of 

11 the National Park Service, in consultation with the Com12 missioner of Reclamation, shall prepare a general manage13 ment plan for the National Recreation Area in accordance 

14 with section 100502 of title 54, United States Code. 

15 SEC. 405. BOUNDARY SURVEY. 

16 The Secretary (acting through the Director of the Na17 tional Park Service) shall prepare a boundary survey and 

18 legal description of the National Recreation Area. 


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Union Calendar No. 179 

116TH CONGRESS 

1ST SESSION H. R. 823 

[Report No. 116–226] 

A BILL 

To provide for the designation of certain wilderness 

other purposes. servation areas in the State of Colorado, and for areas, recreation management areas, and conOCTOBER 4, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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