IIB 

116TH CONGRESS 

1ST SESSION H. R. 823 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2019 

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

Resources 

AN ACT 

To provide for the designation of certain wilderness areas, 

recreation management areas, and conservation areas in 

the State of Colorado, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Colorado Outdoor Recreation and Economy Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of State. 

Sec. 3. Determination of budgetary effects. 

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 Col3 orado. 

4 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

5 The budgetary effects of this Act, for the purpose of 

6 complying with the Statutory Pay-As-You-Go Act of 2010, 

7 shall be determined by reference to the latest statement 

8 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the House Budget Committee, pro11 vided that such statement has been submitted prior to the 

12 vote on passage. 

13 TITLE I—CONTINENTAL DIVIDE 

14 SEC. 101. DEFINITIONS. 

15 In this title: 

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

17 means any area designated as wilderness by the 

18 amendments to section 2(a) of the Colorado Wilder19 ness Act of 1993 (16 U.S.C. 1132 note; Public Law 

20 103–77) made by section 102(a). 

21 (2) HISTORIC LANDSCAPE.—The term ‘‘His22 toric Landscape’’ means the Camp Hale National 

23 Historic Landscape designated by section 107(a). 

24 (3) RECREATION MANAGEMENT AREA.—The 

25 term ‘‘Recreation Management Area’’ means the 


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1 Tenmile Recreation Management Area designated by 

2 section 104(a). 

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

4 the Secretary of Agriculture. 

5 (5) WILDLIFE CONSERVATION AREA.—The 

6 term ‘‘Wildlife Conservation Area’’ means, as appli7 cable— 

8 (A) the Porcupine Gulch Wildlife Con9 servation Area designated by section 105(a); 

10 and 

11 (B) the Williams Fork Mountains Wildlife 

12 Conservation Area designated by section 

13 106(a). 

14 SEC. 102. COLORADO WILDERNESS ADDITIONS. 

15 (a) DESIGNATION.—Section 2(a) of the Colorado Wil16 derness Act of 1993 (16 U.S.C. 1132 note; Public Law 

17 103–77) is amended— 

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

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

20 White River National Forest that comprises approxi21 mately 6,896 acres, as generally depicted as ‘Pro22 posed Ptarmigan Peak Wilderness Additions’ on the 

23 map entitled ‘Proposed Ptarmigan Peak Wilderness 

24 Additions’ and dated June 24, 2019,’’; and 

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


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

2 Certain Federal land within the White River Na3 tional Forest that comprises approximately 3,866 

4 acres, as generally depicted as ‘Proposed Megan 

5 Dickie Wilderness Addition’ on the map entitled 

6 ‘Holy Cross Wilderness Addition Proposal’ and 

7 dated June 24, 2019, which shall be incorporated 

8 into, and managed as part of, the Holy Cross Wil9 derness designated by section 102(a)(5) of Public 

10 Law 96–560 (94 Stat. 3266). 

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

12 Federal land within the White River National Forest 

13 that comprises approximately 5,235 acres, as gen14 erally depicted as ‘Proposed Hoosier Ridge Wilder15 ness’ on the map entitled ‘Tenmile Proposal’ and 

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

17 ‘Hoosier Ridge Wilderness’. 

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

19 land within the White River National Forest that 

20 comprises approximately 7,624 acres, as generally 

21 depicted as ‘Proposed Tenmile Wilderness’ on the 

22 map entitled ‘Tenmile Proposal’ and dated June 24, 

23 2019, which shall be known as the ‘Tenmile Wilder24 ness’. 


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1 ‘‘(26) EAGLES NEST WILDERNESS ADDI2 TIONS.—Certain Federal land within the White 

3 River National Forest that comprises approximately 

4 9,670 acres, as generally depicted as ‘Proposed 

5 Freeman Creek Wilderness Addition’ and ‘Proposed 

6 Spraddle Creek Wilderness Addition’ on the map en7 titled ‘Eagles Nest Wilderness Additions Proposal’ 

8 and dated June 24, 2019, which shall be incor9 porated into, and managed as part of, the Eagles 

10 Nest Wilderness designated by Public Law 94–352 

11 (90 Stat. 870).’’. 

12 (b) APPLICABLE LAW.—Any reference in the Wilder13 ness Act (16 U.S.C. 1131 et seq.) to the effective date 

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

15 date of enactment of this Act for purposes of admin16 istering a covered area. 

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

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

19 1133(d)(1)), the Secretary may carry out any activity in 

20 a covered area that the Secretary determines to be nec21 essary for the control of fire, insects, and diseases, subject 

22 to such terms and conditions as the Secretary determines 

23 to be appropriate. 

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

25 area, if established before the date of enactment of this 


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1 Act, shall be permitted to continue subject to such reason2 able regulations as are considered to be necessary by the 

3 Secretary, in accordance with— 

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

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

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

7 the report of the Committee on Interior and Insular 

8 Affairs of the House of Representatives accom9 panying H.R. 2570 of the 101st Congress (H. Rept. 

10 101–405). 

11 (e) COORDINATION.—For purposes of administering 

12 the Federal land designated as wilderness by paragraph 

13 (26) of section 2(a) of the Colorado Wilderness Act of 

14 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as 

15 added by subsection (a)(2)), the Secretary shall, as deter16 mined to be appropriate for the protection of watersheds, 

17 coordinate the activities of the Secretary in response to 

18 fires and flooding events with interested State and local 

19 agencies, including operations using aircraft or mecha20 nized equipment. 

21 SEC. 103. WILLIAMS FORK MOUNTAINS WILDERNESS. 

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

23 the Wilderness Act (16 U.S.C. 1131 et seq.), certain Fed24 eral land in the White River National Forest in the State, 

25 comprising approximately 8,036 acres and generally deVerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823

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1 picted as ‘‘Proposed Williams Fork Mountains Wilder2 ness’’ on the map entitled ‘‘Williams Fork Mountains Pro3 posal’’ and dated June 24, 2019, is designated as a poten4 tial wilderness area. 

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

6 and except as provided in subsection (d), the potential wil7 derness area designated by subsection (a) shall be man8 aged in accordance with— 

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

10 seq.); and 

11 (2) this section. 

12 (c) LIVESTOCK USE OF VACANT ALLOTMENTS.— 

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

14 the date of enactment of this Act, in accordance 

15 with applicable laws (including regulations), the Sec16 retary shall publish a determination regarding 

17 whether to authorize livestock grazing or other use 

18 by livestock on the vacant allotments known as— 

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

20 (B) the ‘‘Blue Ridge Allotment’’. 

21 (2) MODIFICATION OF ALLOTMENTS.—In pub22 lishing a determination pursuant to paragraph (1), 

23 the Secretary may modify or combine the vacant al24 lotments referred to in that paragraph. 


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1 (3) PERMIT OR OTHER AUTHORIZATION.—Not 

2 later than 1 year after the date on which a deter3 mination of the Secretary to authorize livestock 

4 grazing or other use by livestock is published under 

5 paragraph (1), if applicable, the Secretary shall 

6 grant a permit or other authorization for that live7 stock grazing or other use in accordance with appli8 cable laws (including regulations). 

9 (d) RANGE IMPROVEMENTS.— 

10 (1) IN GENERAL.—If the Secretary permits live11 stock grazing or other use by livestock on the poten12 tial wilderness area under subsection (c), the Sec13 retary, or a third party authorized by the Secretary, 

14 may use any motorized or mechanized transport or 

15 equipment for purposes of constructing or rehabili16 tating such range improvements as are necessary to 

17 obtain appropriate livestock management objectives 

18 (including habitat and watershed restoration). 

19 (2) TERMINATION OF AUTHORITY.—The au20 thority provided by this subsection terminates on the 

21 date that is 2 years after the date on which the Sec22 retary publishes a positive determination under sub23 section (c)(3). 

24 (e) DESIGNATION AS WILDERNESS.— 


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1 (1) DESIGNATION.—The potential wilderness 

2 area designated by subsection (a) shall be designated 

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

4 Mountains Wilderness’’— 

5 (A) effective not earlier than the date that 

6 is 180 days after the date of enactment this 

7 Act; and 

8 (B) on the earliest of— 

9 (i) the date on which the Secretary 

10 publishes in the Federal Register a notice 

11 that the construction or rehabilitation of 

12 range improvements under subsection (d) 

13 is complete; 

14 (ii) the date described in subsection 

15 (d)(2); and 

16 (iii) the effective date of a determina17 tion of the Secretary not to authorize live18 stock grazing or other use by livestock 

19 under subsection (c)(1). 

20 (2) ADMINISTRATION.—Subject to valid existing 

21 rights, the Secretary shall manage the Williams 

22 Fork Mountains Wilderness in accordance with— 

23 (A) the Colorado Wilderness Act of 1993 

24 (16 U.S.C. 1132 note; Public Law 103–77); 

25 and 


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1 (B) this title. 

2 SEC. 104. TENMILE RECREATION MANAGEMENT AREA. 

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

4 the approximately 17,122 acres of Federal land in the 

5 White River National Forest in the State, as generally de6 picted as ‘‘Proposed Tenmile Recreation Management 

7 Area’’ on the map entitled ‘‘Tenmile Proposal’’ and dated 

8 June 24, 2019, are designated as the ‘‘Tenmile Recreation 

9 Management Area’’. 

10 (b) PURPOSES.—The purposes of the Recreation 

11 Management Area are to conserve, protect, and enhance 

12 for the benefit and enjoyment of present and future gen13 erations the recreational, scenic, watershed, habitat, and 

14 ecological resources of the Recreation Management Area. 

15 (c) MANAGEMENT.— 

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

17 the Recreation Management Area— 

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

19 and enhances— 

20 (i) the purposes of the Recreation 

21 Management Area described in subsection 

22 (b); and 

23 (ii) recreation opportunities, including 

24 mountain biking, hiking, fishing, horseback 


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1 riding, snowshoeing, climbing, skiing, 

2 camping, and hunting; and 

3 (B) in accordance with— 

4 (i) the Forest and Rangeland Renew5 able Resources Planning Act of 1974 (16 

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

7 (ii) any other applicable laws (includ8 ing regulations); and 

9 (iii) this section. 

10 (2) USES.— 

11 (A) IN GENERAL.—The Secretary shall 

12 only allow such uses of the Recreation Manage13 ment Area as the Secretary determines would 

14 further the purposes described in subsection 

15 (b). 

16 (B) VEHICLES.— 

17 (i) IN GENERAL.—Except as provided 

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

19 in the Recreation Management Area shall 

20 be limited to the roads, vehicle classes, and 

21 periods authorized for motorized vehicle 

22 use on the date of enactment of this Act. 

23 (ii) NEW OR TEMPORARY ROADS.— 

24 Except as provided in clause (iii), no new 


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1 or temporary road shall be constructed in 

2 the Recreation Management Area. 

3 (iii) EXCEPTIONS.—Nothing in clause 

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

5 (I) rerouting or closing an exist6 ing road or trail to protect natural re7 sources from degradation, as the Sec8 retary determines to be appropriate; 

9 (II) authorizing the use of motor10 ized vehicles for administrative pur11 poses or roadside camping; 

12 (III) constructing temporary 

13 roads or permitting the use of motor14 ized vehicles to carry out pre- or post15 fire watershed protection projects; 

16 (IV) authorizing the use of mo17 torized vehicles to carry out any activ18 ity described in subsection (d), (e)(1), 

19 or (f); or 

20 (V) responding to an emergency. 

21 (C) COMMERCIAL TIMBER.— 

22 (i) IN GENERAL.—Subject to clause 

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

24 Recreation Management Area for the pur25 pose of harvesting commercial timber. 


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1 (ii) LIMITATION.—Nothing in clause 

2 (i) prevents the Secretary from harvesting 

3 or selling a merchantable product that is a 

4 byproduct of an activity authorized under 

5 this section. 

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

7 may carry out any activity, in accordance with applicable 

8 laws (including regulations), that the Secretary deter9 mines to be necessary to prevent, control, or mitigate fire, 

10 insects, or disease in the Recreation Management Area, 

11 subject to such terms and conditions as the Secretary de12 termines to be appropriate. 

13 (e) WATER.— 

14 (1) EFFECT ON WATER MANAGEMENT INFRA15 STRUCTURE.—Nothing in this section affects the 

16 construction, repair, reconstruction, replacement, op17 eration, maintenance, or renovation within the 

18 Recreation Management Area of— 

19 (A) water management infrastructure in 

20 existence on the date of enactment of this Act; 

21 or 

22 (B) any future infrastructure necessary for 

23 the development or exercise of water rights de24 creed before the date of enactment of this Act. 


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

2 James Peak Wilderness and Protection Area Act 

3 (Public Law 107–216; 116 Stat. 1058) shall apply 

4 to the Recreation Management Area. 

5 (f) REGIONAL TRANSPORTATION PROJECTS.—Noth6 ing in this section precludes the Secretary from author7 izing, in accordance with applicable laws (including regula8 tions), the use or leasing of Federal land within the Recre9 ation Management Area for— 

10 (1) a regional transportation project, includ11 ing— 

12 (A) highway widening or realignment; and 

13 (B) construction of multimodal transpor14 tation systems; or 

15 (2) any infrastructure, activity, or safety meas16 ure associated with the implementation or use of a 

17 facility constructed under paragraph (1). 

18 (g) APPLICABLE LAW.—Nothing in this section af19 fects the designation of the Federal land within the Recre20 ation Management Area for purposes of— 

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

22 or 

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

24 (h) PERMITS.—Nothing in this section alters or lim25 its— 


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1 (1) any permit held by a ski area or other enti2 ty; or 

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

4 associated activities or facilities proposed or author5 ized by law or permit outside the boundaries of the 

6 Recreation Management Area. 

7 SEC. 105. PORCUPINE GULCH WILDLIFE CONSERVATION 

8 AREA. 

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

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

11 the White River National Forest, as generally depicted as 

12 ‘‘Proposed Porcupine Gulch Wildlife Conservation Area’’ 

13 on the map entitled ‘‘Porcupine Gulch Wildlife Conserva14 tion Area Proposal’’ and dated June 24, 2019, are des15 ignated as the ‘‘Porcupine Gulch Wildlife Conservation 

16 Area’’ (referred to in this section as the ‘‘Wildlife Con17 servation Area’’). 

18 (b) PURPOSES.—The purposes of the Wildlife Con19 servation Area are— 

20 (1) to conserve and protect a wildlife migration 

21 corridor over Interstate 70; and 

22 (2) to conserve, protect, and enhance for the 

23 benefit and enjoyment of present and future genera24 tions the wildlife, scenic, roadless, watershed, and 


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1 ecological resources of the Wildlife Conservation 

2 Area. 

3 (c) MANAGEMENT.— 

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

5 the Wildlife Conservation Area— 

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

7 and enhances the purposes described in sub8 section (b); and 

9 (B) in accordance with— 

10 (i) the Forest and Rangeland Renew11 able Resources Planning Act of 1974 (16 

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

13 (ii) any other applicable laws (includ14 ing regulations); and 

15 (iii) this section. 

16 (2) USES.— 

17 (A) IN GENERAL.—The Secretary shall 

18 only allow such uses of the Wildlife Conserva19 tion Area as the Secretary determines would 

20 further the purposes described in subsection 

21 (b). 

22 (B) RECREATION.—The Secretary may 

23 permit such recreational activities in the Wild24 life Conservation Area that the Secretary deterVerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823

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1 mines are consistent with the purposes de2 scribed in subsection (b). 

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

5 ROADS.— 

6 (i) MOTORIZED VEHICLES AND

7 MECHANIZED TRANSPORT.—Except as pro8 vided in clause (iii), the use of motorized 

9 vehicles and mechanized transport in the 

10 Wildlife Conservation Area shall be prohib11 ited. 

12 (ii) NEW OR TEMPORARY ROADS.— 

13 Except as provided in clause (iii) and sub14 section (e), no new or temporary road shall 

15 be constructed within the Wildlife Con16 servation Area. 

17 (iii) EXCEPTIONS.—Nothing in clause 

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

19 (I) authorizing the use of motor20 ized vehicles or mechanized transport 

21 for administrative purposes; 

22 (II) constructing temporary 

23 roads or permitting the use of motor24 ized vehicles or mechanized transport 


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1 to carry out pre- or post-fire water2 shed protection projects; 

3 (III) authorizing the use of mo4 torized vehicles or mechanized trans5 port to carry out activities described 

6 in subsection (d) or (e); or 

7 (IV) responding to an emergency. 

8 (D) COMMERCIAL TIMBER.— 

9 (i) IN GENERAL.—Subject to clause 

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

11 Wildlife Conservation Area for the purpose 

12 of harvesting commercial timber. 

13 (ii) LIMITATION.—Nothing in clause 

14 (i) prevents the Secretary from harvesting 

15 or selling a merchantable product that is a 

16 byproduct of an activity authorized under 

17 this section. 

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

19 may carry out any activity, in accordance with applicable 

20 laws (including regulations), that the Secretary deter21 mines to be necessary to prevent, control, or mitigate fire, 

22 insects, or disease in the Wildlife Conservation Area, sub23 ject to such terms and conditions as the Secretary deter24 mines to be appropriate. 


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1 (e) REGIONAL TRANSPORTATION PROJECTS.—Noth2 ing in this section or section 110(e) precludes the Sec3 retary from authorizing, in accordance with applicable 

4 laws (including regulations), the use or leasing of Federal 

5 land 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 

13 facility constructed under paragraph (1). 

14 (f) APPLICABLE LAW.—Nothing in this section af15 fects the designation of the Federal land within the Wild16 life Conservation Area for purposes of— 

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

18 or 

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

20 (g) WATER.—Section 3(e) of the James Peak Wilder21 ness and Protection Area Act (Public Law 107–216; 116 

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


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1 SEC. 106. WILLIAMS FORK MOUNTAINS WILDLIFE CON2 SERVATION AREA. 

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

4 the approximately 3,528 acres of Federal land in the 

5 White River National Forest in the State, as generally de6 picted as ‘‘Proposed Williams Fork Mountains Wildlife 

7 Conservation Area’’ on the map entitled ‘‘Williams Fork 

8 Mountains Proposal’’ and dated June 24, 2019, are des9 ignated as the ‘‘Williams Fork Mountains Wildlife Con10 servation Area’’ (referred to in this section as the ‘‘Wild11 life Conservation Area’’). 

12 (b) PURPOSES.—The purposes of the Wildlife Con13 servation Area are to conserve, protect, and enhance for 

14 the benefit and enjoyment of present and future genera15 tions the wildlife, scenic, roadless, watershed, recreational, 

16 and ecological resources of the Wildlife Conservation Area. 

17 (c) MANAGEMENT.— 

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

19 the Wildlife Conservation Area— 

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

21 and enhances the purposes described in sub22 section (b); and 

23 (B) in accordance with— 

24 (i) the Forest and Rangeland Renew25 able Resources Planning Act of 1974 (16 

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


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1 (ii) any other applicable laws (includ2 ing regulations); and 

3 (iii) this section. 

4 (2) USES.— 

5 (A) IN GENERAL.—The Secretary shall 

6 only allow such uses of the Wildlife Conserva7 tion Area as the Secretary determines would 

8 further the purposes described in subsection 

9 (b). 

10 (B) MOTORIZED VEHICLES.— 

11 (i) IN GENERAL.—Except as provided 

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

13 in the Wildlife Conservation Area shall be 

14 limited to designated roads and trails. 

15 (ii) NEW OR TEMPORARY ROADS.— 

16 Except as provided in clause (iii), no new 

17 or temporary road shall be constructed in 

18 the Wildlife Conservation Area. 

19 (iii) EXCEPTIONS.—Nothing in clause 

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

21 (I) authorizing the use of motor22 ized vehicles for administrative pur23 poses; 


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1 (II) authorizing the use of motor2 ized vehicles to carry out activities de3 scribed in subsection (d); or 

4 (III) responding to an emer5 gency. 

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

7 Wildlife Conservation Area shall be limited to 

8 designated roads and trails. 

9 (D) COMMERCIAL TIMBER.— 

10 (i) IN GENERAL.—Subject to clause 

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

12 Wildlife Conservation Area for the purpose 

13 of harvesting commercial timber. 

14 (ii) LIMITATION.—Nothing in clause 

15 (i) prevents the Secretary from harvesting 

16 or selling a merchantable product that is a 

17 byproduct of an activity authorized under 

18 this section. 

19 (E) GRAZING.—The laws (including regu20 lations) and policies followed by the Secretary 

21 in issuing and administering grazing permits or 

22 leases on land under the jurisdiction of the Sec23 retary shall continue to apply with regard to 

24 the land in the Wildlife Conservation Area, conVerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823

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1 sistent with the purposes described in sub2 section (b). 

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

4 may carry out any activity, in accordance with applicable 

5 laws (including regulations), that the Secretary deter6 mines to be necessary to prevent, control, or mitigate fire, 

7 insects, or disease in the Wildlife Conservation Area, sub8 ject to such terms and conditions as the Secretary deter9 mines to be appropriate. 

10 (e) REGIONAL TRANSPORTATION PROJECTS.—Noth11 ing in this section or section 110(e) precludes the Sec12 retary from authorizing, in accordance with applicable 

13 laws (including regulations), the use or leasing of Federal 

14 land within the Wildlife Conservation Area for— 

15 (1) a regional transportation project, includ16 ing— 

17 (A) highway widening or realignment; and 

18 (B) construction of multimodal transpor19 tation systems; or 

20 (2) any infrastructure, activity, or safety meas21 ure associated with the implementation or use of a 

22 facility constructed under paragraph (1). 

23 (f) WATER.—Section 3(e) of the James Peak Wilder24 ness and Protection Area Act (Public Law 107–216; 116 

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


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1 SEC. 107. CAMP HALE NATIONAL HISTORIC LANDSCAPE. 

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

3 the approximately 28,676 acres of Federal land in the 

4 White River National Forest in the State, as generally de5 picted as ‘‘Proposed Camp Hale National Historic Land6 scape’’ on the map entitled ‘‘Camp Hale National Historic 

7 Landscape Proposal’’ and dated June 24, 2019, are des8 ignated the ‘‘Camp Hale National Historic Landscape’’. 

9 (b) PURPOSES.—The purposes of the Historic Land10 scape are— 

11 (1) to provide for— 

12 (A) the interpretation of historic events, 

13 activities, structures, and artifacts of the His14 toric Landscape, including with respect to the 

15 role of the Historic Landscape in local, na16 tional, and world history; 

17 (B) the historic preservation of the His18 toric Landscape, consistent with— 

19 (i) the designation of the Historic 

20 Landscape as a national historic site; and 

21 (ii) the other purposes of the Historic 

22 Landscape; 

23 (C) recreational opportunities, with an em24 phasis on the activities related to the historic 

25 use of the Historic Landscape, including skiing, 

26 snowshoeing, snowmobiling, hiking, horseback 


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1 riding, climbing, other road- and trail-based ac2 tivities, and other outdoor activities; and 

3 (D) the continued environmental remedi4 ation and removal of unexploded ordnance at 

5 the Camp Hale Formerly Used Defense Site 

6 and the Camp Hale historic cantonment area; 

7 and 

8 (2) to conserve, protect, restore, and enhance 

9 for the benefit and enjoyment of present and future 

10 generations the scenic, watershed, and ecological re11 sources of the Historic Landscape. 

12 (c) MANAGEMENT.— 

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

14 the Historic Landscape in accordance with— 

15 (A) the purposes of the Historic Landscape 

16 described in subsection (b); and 

17 (B) any other applicable laws (including 

18 regulations). 

19 (2) MANAGEMENT PLAN.— 

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

21 after the date of enactment of this Act, the Sec22 retary shall prepare a management plan for the 

23 Historic Landscape. 


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1 (B) CONTENTS.—The management plan 

2 prepared under subparagraph (A) shall include 

3 plans for— 

4 (i) improving the interpretation of his5 toric events, activities, structures, and arti6 facts of the Historic Landscape, including 

7 with respect to the role of the Historic 

8 Landscape in local, national, and world 

9 history; 

10 (ii) conducting historic preservation 

11 and veteran outreach and engagement ac12 tivities; 

13 (iii) managing recreational opportuni14 ties, including the use and stewardship 

15 of— 

16 (I) the road and trail systems; 

17 and 

18 (II) dispersed recreation re19 sources; 

20 (iv) the conservation, protection, res21 toration, or enhancement of the scenic, wa22 tershed, and ecological resources of the 

23 Historic Landscape, including conducting 

24 the restoration and enhancement project 

25 under subsection (d); and 


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1 (v) environmental remediation and, 

2 consistent with subsection (e)(2), the re3 moval of unexploded ordnance. 

4 (3) EXPLOSIVE HAZARDS.—The Secretary shall 

5 provide to the Secretary of the Army a notification 

6 of any unexploded ordnance (as defined in section 

7 101(e) of title 10, United States Code) that is dis8 covered in the Historic Landscape. 

9 (d) CAMP HALE RESTORATION AND ENHANCEMENT

10 PROJECT.— 

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

12 a restoration and enhancement project in the His13 toric Landscape— 

14 (A) to improve aquatic, riparian, and wet15 land conditions in and along the Eagle River 

16 and tributaries of the Eagle River; 

17 (B) to maintain or improve recreation and 

18 interpretive opportunities and facilities; and 

19 (C) to conserve historic values in the Camp 

20 Hale area. 

21 (2) COORDINATION.—In carrying out the 

22 project described in paragraph (1), the Secretary 

23 shall coordinate with— 

24 (A) the United States Army Corps of En25 gineers; 


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1 (B) the Camp Hale-Eagle River Head2 waters Collaborative Group; 

3 (C) the National Forest Foundation; 

4 (D) the Colorado Department of Public 

5 Health and Environment; 

6 (E) the Colorado State Historic Preserva7 tion Office; 

8 (F) units of local government; and 

9 (G) other interested organizations and 

10 members of the public. 

11 (e) ENVIRONMENTAL REMEDIATION.— 

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

13 shall continue to carry out the projects and activities 

14 of the Department of the Army in existence on the 

15 date of enactment of this Act relating to cleanup 

16 of— 

17 (A) the Camp Hale Formerly Used De18 fense Site; or 

19 (B) the Camp Hale historic cantonment 

20 area. 

21 (2) REMOVAL OF UNEXPLODED ORDNANCE.— 

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

23 Army may remove unexploded ordnance (as de24 fined in section 101(e) of title 10, United 

25 States Code) from the Historic Landscape, as 


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1 the Secretary of the Army determines to be ap2 propriate in accordance with applicable law (in3 cluding regulations). 

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

5 receipt from the Secretary of a notification of 

6 unexploded ordnance under subsection (c)(3), 

7 the Secretary of the Army may remove the 

8 unexploded ordnance in accordance with— 

9 (i) the program for environmental res10 toration of formerly used defense sites 

11 under section 2701 of title 10, United 

12 States Code; 

13 (ii) the Comprehensive Environmental 

14 Response, Compensation, and Liability Act 

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

16 (iii) any other applicable provision of 

17 law (including regulations). 

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

19 subsection modifies any obligation in existence on 

20 the date of enactment of this Act relating to envi21 ronmental remediation or removal of any unexploded 

22 ordnance located in or around the Camp Hale his23 toric cantonment area, the Camp Hale Formerly 

24 Used Defense Site, or the Historic Landscape, in25 cluding such an obligation under— 


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1 (A) the program for environmental restora2 tion of formerly used defense sites under sec3 tion 2701 of title 10, United States Code; 

4 (B) the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 

6 1980 (42 U.S.C. 9601 et seq.); or 

7 (C) any other applicable provision of law 

8 (including regulations). 

9 (f) INTERAGENCY AGREEMENT.—The Secretary and 

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

11 (1) to specify— 

12 (A) the activities of the Secretary relating 

13 to the management of the Historic Landscape; 

14 and 

15 (B) the activities of the Secretary of the 

16 Army relating to environmental remediation 

17 and the removal of unexploded ordnance in ac18 cordance with subsection (e) and other applica19 ble laws (including regulations); and 

20 (2) to require the Secretary to provide to the 

21 Secretary of the Army, by not later than 1 year 

22 after the date of enactment of this Act and periodi23 cally thereafter, as appropriate, a management plan 

24 for the Historic Landscape for purposes of the re25 moval activities described in subsection (e). 


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

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

3 water law, water right, or adjudication or adminis4 tration relating to any water resource; 

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

6 after the date of enactment of this Act, or the exer7 cise of such a water right, including— 

8 (A) a water right under an interstate 

9 water compact (including full development of 

10 any apportionment made in accordance with 

11 such a compact); 

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

13 below, or through the Historic Landscape; 

14 (C) a water right held by the United 

15 States; 

16 (D) the management or operation of any 

17 reservoir, including the storage, management, 

18 release, or transportation of water; and 

19 (E) the construction or operation of such 

20 infrastructure as is determined to be necessary 

21 by an individual or entity holding water rights 

22 to develop and place to beneficial use those 

23 rights, subject to applicable Federal, State, and 

24 local law (including regulations); 


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1 (3) constitutes an express or implied reservation 

2 by the United States of any reserved or appropria3 tive water right; 

4 (4) alters or limits— 

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

6 (B) the implementation of activities gov7 erned by a ski area permit; or 

8 (C) the authority of the Secretary to mod9 ify or expand an existing ski area permit; 

10 (5) prevents the Secretary from closing portions 

11 of the Historic Landscape for public safety, environ12 mental remediation, or other use in accordance with 

13 applicable laws; or 

14 (6) affects— 

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

16 date of enactment of this Act; or 

17 (B) the renewal of a permit described in 

18 subparagraph (A). 

19 (h) FUNDING.— 

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

21 general fund of the Treasury a special account, to 

22 be known as the ‘‘Camp Hale Historic Preservation 

23 and Restoration Fund’’. 

24 (2) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated to the Camp 


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1 Hale Historic Preservation and Restoration Fund 

2 $10,000,000, to be available to the Secretary until 

3 expended, for activities relating to historic interpre4 tation, preservation, and restoration carried out in 

5 and around the Historic Landscape. 

6 (i) DESIGNATION OF OVERLOOK.—The interpretive 

7 site located beside United States Route 24 in the State, 

8 at 39.431N 106.323W, is hereby designated as the 

9 ‘‘Sandy Treat Overlook’’. 

10 SEC. 108. WHITE RIVER NATIONAL FOREST BOUNDARY 

11 MODIFICATION. 

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

13 National Forest is modified to include the approximately 

14 120 acres comprised of the SW 1/4, the SE 1/4, and the 

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

16 Principal Meridian, in Summit County in the State. 

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

18 purposes of section 200306 of title 54, United States 

19 Code, the boundaries of the White River National Forest, 

20 as modified under subsection (a), shall be considered to 

21 be the boundaries of the White River National Forest as 

22 in existence on January 1, 1965. 


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1 SEC. 109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL 

2 WILDERNESS BOUNDARY ADJUSTMENT. 

3 (a) PURPOSE.—The purpose of this section is to pro4 vide for the ongoing maintenance and use of portions of 

5 the Trail River Ranch and the associated property located 

6 within Rocky Mountain National Park in Grand County 

7 in the State. 

8 (b) BOUNDARY ADJUSTMENT.—Section 1952(b) of 

9 the Omnibus Public Land Management Act of 2009 (Pub10 lic Law 111–11; 123 Stat. 1070) is amended by adding 

11 at the end the following: 

12 ‘‘(3) BOUNDARY ADJUSTMENT.—The boundary 

13 of the Potential Wilderness is modified to exclude 

14 the area comprising approximately 15.5 acres of 

15 land identified as ‘Potential Wilderness to Non-wil16 derness’ on the map entitled ‘Rocky Mountain Na17 tional Park Proposed Wilderness Area Amendment’ 

18 and dated January 16, 2018.’’. 

19 SEC. 110. ADMINISTRATIVE PROVISIONS. 

20 (a) FISH AND WILDLIFE.—Nothing in this title af21 fects the jurisdiction or responsibility of the State with 

22 respect to fish and wildlife in the State. 

23 (b) NO BUFFER ZONES.— 

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

25 amendment made by this title establishes a protec26 tive perimeter or buffer zone around— 


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1 (A) a covered area; 

2 (B) a wilderness area or potential wilder3 ness area designated by section 103; 

4 (C) the Recreation Management Area; 

5 (D) a Wildlife Conservation Area; or 

6 (E) the Historic Landscape. 

7 (2) OUTSIDE ACTIVITIES.—The fact that a non8 wilderness activity or use on land outside of a cov9 ered area can be seen or heard from within the cov10 ered area shall not preclude the activity or use out11 side the boundary of the covered area. 

12 (c) MAPS AND LEGAL DESCRIPTIONS.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall file maps and legal descriptions of each area 

16 described in subsection (b)(1) with— 

17 (A) the Committee on Natural Resources 

18 of the House of Representatives; and 

19 (B) the Committee on Energy and Natural 

20 Resources of the Senate. 

21 (2) FORCE OF LAW.—Each map and legal de22 scription filed under paragraph (1) shall have the 

23 same force and effect as if included in this title, ex24 cept that the Secretary may correct any typo25 graphical errors in the maps and legal descriptions. 


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1 (3) PUBLIC AVAILABILITY.—Each map and 

2 legal description filed under paragraph (1) shall be 

3 on file and available for public inspection in the ap4 propriate offices of the Forest Service. 

5 (d) ACQUISITION OF LAND.— 

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

7 any land or interest in land within the boundaries of 

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

9 exchange, donation, or purchase from a willing sell10 er. 

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

12 land acquired under paragraph (1) shall be incor13 porated into, and administered as a part of, the wil14 derness area, Recreation Management Area, Wildlife 

15 Conservation Area, or Historic Landscape, as appli16 cable, in which the land or interest in land is lo17 cated. 

18 (e) WITHDRAWAL.—Subject to valid rights in exist19 ence on the date of enactment of this Act, the areas de20 scribed in subsection (b)(1) are withdrawn from— 

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

22 public land laws; 

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

24 laws; and 


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1 (3) operation of the mineral leasing, mineral 

2 materials, and geothermal leasing laws. 

3 (f) MILITARY OVERFLIGHTS.—Nothing in this title 

4 or an amendment made by this title restricts or pre5 cludes— 

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

7 over any area subject to this title or an amendment 

8 made by this title, including military overflights that 

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

10 (2) flight testing or evaluation over an area de11 scribed in paragraph (1); or 

12 (3) the use or establishment of— 

13 (A) any new unit of special use airspace 

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

15 (B) any military flight training or trans16 portation over such an area. 

17 (g) SENSE OF CONGRESS.—It is the sense of Con18 gress that military aviation training on Federal public 

19 lands in Colorado, including the training conducted at the 

20 High-Altitude Army National Guard Aviation Training 

21 Site, is critical to the national security of the United 

22 States and the readiness of the Armed Forces. 

23 TITLE II—SAN JUAN MOUNTAINS 

24 SEC. 201. DEFINITIONS. 

25 In this title: 


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

2 means— 

3 (A) land designated as wilderness under 

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

5 the Colorado Wilderness Act of 1993 (16 

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

7 added by section 202); and 

8 (B) a Special Management Area. 

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

10 the Secretary of Agriculture. 

11 (3) SPECIAL MANAGEMENT AREA.—The term 

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

13 (A) the Sheep Mountain Special Manage14 ment Area designated by section 203(a)(1); and 

15 (B) the Liberty Bell East Special Manage16 ment Area designated by section 203(a)(2). 

17 SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESER18 VATION SYSTEM. 

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

20 (16 U.S.C. 1132 note; Public Law 103–77) (as amended 

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

22 the following: 

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

24 Certain Federal land in the Grand Mesa, 

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1 prising approximately 3,141 acres, as generally de2 picted on the map entitled ‘Proposed Wilson, Sun3 shine, Black Face and San Bernardo Additions to 

4 the Lizard Head Wilderness’ and dated September 

5 6, 2018, which is incorporated in, and shall be ad6 ministered as part of, the Lizard Head Wilderness. 

7 ‘‘(28) MOUNT SNEFFELS WILDERNESS ADDI8 TIONS.— 

9 ‘‘(A) LIBERTY BELL AND LAST DOLLAR

10 ADDITIONS.—Certain Federal land in the 

11 Grand Mesa, Uncompahgre, and Gunnison Na12 tional Forests comprising approximately 7,235 

13 acres, as generally depicted on the map entitled 

14 ‘Proposed Liberty Bell and Last Dollar Addi15 tions to the Mt. Sneffels Wilderness, Liberty 

16 Bell East Special Management Area’ and dated 

17 September 6, 2018, which is incorporated in, 

18 and shall be administered as part of, the Mount 

19 Sneffels Wilderness. 

20 ‘‘(B) WHITEHOUSE ADDITIONS.—Certain 

21 Federal land in the Grand Mesa, Uncompahgre, 

22 and Gunnison National Forests comprising ap23 proximately 12,465 acres, as generally depicted 

24 on the map entitled ‘Proposed Whitehouse Ad25 ditions to the Mt. Sneffels Wilderness’ and 


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1 dated September 6, 2018, which is incorporated 

2 in, and shall be administered as part of, the 

3 Mount Sneffels Wilderness. 

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

5 Federal land in the State of Colorado comprising ap6 proximately 8,884 acres of Bureau of Land Manage7 ment land, as generally depicted on the map entitled 

8 ‘Proposed McKenna Peak Wilderness Area’ and 

9 dated September 18, 2018, to be known as the 

10 ‘McKenna Peak Wilderness’.’’. 

11 SEC. 203. SPECIAL MANAGEMENT AREAS. 

12 (a) DESIGNATION.— 

13 (1) SHEEP MOUNTAIN SPECIAL MANAGEMENT

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

15 Uncompahgre, and Gunnison and San Juan Na16 tional Forests in the State comprising approximately 

17 21,663 acres, as generally depicted on the map enti18 tled ‘‘Proposed Sheep Mountain Special Manage19 ment Area’’ and dated September 19, 2018, is des20 ignated as the ‘‘Sheep Mountain Special Manage21 ment Area’’. 

22 (2) LIBERTY BELL EAST SPECIAL MANAGE23 MENT AREA.—The Federal land in the Grand Mesa, 

24 Uncompahgre, and Gunnison National Forests in 

25 the State comprising approximately 792 acres, as 


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1 generally depicted on the map entitled ‘‘Proposed 

2 Liberty Bell and Last Dollar Additions to the Mt. 

3 Sneffels Wilderness, Liberty Bell East Special Man4 agement Area’’ and dated September 6, 2018, is 

5 designated as the ‘‘Liberty Bell East Special Man6 agement Area’’. 

7 (b) PURPOSE.—The purpose of the Special Manage8 ment Areas is to conserve and protect for the benefit and 

9 enjoyment of present and future generations the geologi10 cal, cultural, archaeological, paleontological, natural, sci11 entific, recreational, wilderness, wildlife, riparian, histor12 ical, educational, and scenic resources of the Special Man13 agement Areas. 

14 (c) MANAGEMENT.— 

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

16 the Special Management Areas in a manner that— 

17 (A) conserves, protects, and enhances the 

18 resources and values of the Special Manage19 ment Areas described in subsection (b); 

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

21 improves the wilderness character of the Special 

22 Management Areas and the suitability of the 

23 Special Management Areas for potential inclu24 sion in the National Wilderness Preservation 

25 System; and 


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1 (C) is in accordance with— 

2 (i) the National Forest Management 

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

4 (ii) this title; and 

5 (iii) any other applicable laws. 

6 (2) PROHIBITIONS.—The following shall be pro7 hibited in the Special Management Areas: 

8 (A) Permanent roads. 

9 (B) Except as necessary to meet the min10 imum requirements for the administration of 

11 the Federal land, to provide access for aban12 doned mine cleanup, and to protect public 

13 health and safety— 

14 (i) the use of motor vehicles, motor15 ized equipment, or mechanical transport 

16 (other than as provided in paragraph (3)); 

17 and 

18 (ii) the establishment of temporary 

19 roads. 

20 (3) AUTHORIZED ACTIVITIES.— 

21 (A) IN GENERAL.—The Secretary may 

22 allow any activities (including helicopter access 

23 for recreation and maintenance and the com24 petitive running event permitted since 1992) 

25 that have been authorized by permit or license 


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1 as of the date of enactment of this Act to con2 tinue within the Special Management Areas, 

3 subject to such terms and conditions as the 

4 Secretary may require. 

5 (B) PERMITTING.—The designation of the 

6 Special Management Areas by subsection (a) 

7 shall not affect the issuance of permits relating 

8 to the activities covered under subparagraph 

9 (A) after the date of enactment of this Act. 

10 (C) BICYCLES.—The Secretary may permit 

11 the use of bicycles in— 

12 (i) the portion of the Sheep Mountain 

13 Special Management Area identified as 

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

15 ‘‘Proposed Sheep Mountain Special Man16 agement Area’’ and dated September 19, 

17 2018; and 

18 (ii) the portion of the Liberty Bell 

19 East Special Management Area identified 

20 as ‘‘Liberty Bell Corridor’’ on the map en21 titled ‘‘Proposed Liberty Bell and Last 

22 Dollar Additions to the Mt. Sneffels Wil23 derness, Liberty Bell East Special Manage24 ment Area’’ and dated September 6, 2018. 


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

2 the Special Management Areas shall be administered in 

3 accordance with section 8 of the Colorado Wilderness Act 

4 of 1993 (Public Law 103–77; 107 Stat. 762), except that, 

5 for purposes of this Act— 

6 (1) any reference contained in that section to 

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

8 ‘‘the Piedra, Roubideau, and Tabeguache areas iden9 tified in section 9 of this Act, or the Bowen Gulch 

10 Protection Area or the Fossil Ridge Recreation Man11 agement Area identified in sections 5 and 6 of this 

12 Act’’, or ‘‘the areas described in sections 2, 5, 6, and 

13 9 of this Act’’ shall be considered to be a reference 

14 to ‘‘the Special Management Areas’’; and 

15 (2) any reference contained in that section to 

16 ‘‘this Act’’ shall be considered to be a reference to 

17 ‘‘the Colorado Outdoor Recreation and Economy 

18 Act’’. 

19 SEC. 204. RELEASE OF WILDERNESS STUDY AREAS. 

20 (a) DOMINGUEZ CANYON WILDERNESS STUDY

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

22 amended— 

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

24 460zzz–7) as section 2409; and 


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

2 460zzz–6) the following: 

3 ‘‘SEC. 2408. RELEASE. 

4 ‘‘(a) IN GENERAL.—Congress finds that, for the pur5 poses of section 603(c) of the Federal Land Policy and 

6 Management Act of 1976 (43 U.S.C. 1782(c)), the por7 tions of the Dominguez Canyon Wilderness Study Area 

8 not designated as wilderness by this subtitle have been 

9 adequately studied for wilderness designation. 

10 ‘‘(b) RELEASE.—Any public land referred to in sub11 section (a) that is not designated as wilderness by this 

12 subtitle— 

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

14 the Federal Land Policy and Management Act of 

15 1976 (43 U.S.C. 1782(c)); and 

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

17 subtitle and any other applicable laws.’’. 

18 (b) MCKENNA PEAK WILDERNESS STUDY AREA.— 

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

20 purposes of section 603(c) of the Federal Land Pol21 icy and Management Act of 1976 (43 U.S.C. 

22 1782(c)), the portions of the McKenna Peak Wilder23 ness Study Area in San Miguel County in the State 

24 not designated as wilderness by paragraph (29) of 

25 section 2(a) of the Colorado Wilderness Act of 1993 


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1 (16 U.S.C. 1132 note; Public Law 103–77) (as 

2 added by section 202) have been adequately studied 

3 for wilderness designation. 

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

5 paragraph (1) that is not designated as wilderness 

6 by paragraph (29) of section 2(a) of the Colorado 

7 Wilderness Act of 1993 (16 U.S.C. 1132 note; Pub8 lic Law 103–77) (as added by section 202)— 

9 (A) is no longer subject to section 603(c) 

10 of the Federal Land Policy and Management 

11 Act of 1976 (43 U.S.C. 1782(c)); and 

12 (B) shall be managed in accordance with 

13 applicable laws. 

14 SEC. 205. ADMINISTRATIVE PROVISIONS. 

15 (a) FISH AND WILDLIFE.—Nothing in this title af16 fects the jurisdiction or responsibility of the State with 

17 respect to fish and wildlife in the State. 

18 (b) NO BUFFER ZONES.— 

19 (1) IN GENERAL.—Nothing in this title estab20 lishes a protective perimeter or buffer zone around 

21 covered land. 

22 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

23 fact that a nonwilderness activity or use on land out24 side of the covered land can be seen or heard from 


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1 within covered land shall not preclude the activity or 

2 use outside the boundary of the covered land. 

3 (c) MAPS AND LEGAL DESCRIPTIONS.— 

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

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

6 the Secretary of the Interior, as appropriate, shall 

7 file a map and a legal description of each wilderness 

8 area designated by paragraphs (27) through (29) of 

9 section 2(a) of the Colorado Wilderness Act of 1993 

10 (16 U.S.C. 1132 note; Public Law 103–77) (as 

11 added by section 202) and the Special Management 

12 Areas with— 

13 (A) the Committee on Natural Resources 

14 of the House of Representatives; and 

15 (B) the Committee on Energy and Natural 

16 Resources of the Senate. 

17 (2) FORCE OF LAW.—Each map and legal de18 scription filed under paragraph (1) shall have the 

19 same force and effect as if included in this title, ex20 cept that the Secretary or the Secretary of the Inte21 rior, as appropriate, may correct any typographical 

22 errors in the maps and legal descriptions. 

23 (3) PUBLIC AVAILABILITY.—Each map and 

24 legal description filed under paragraph (1) shall be 

25 on file and available for public inspection in the apVerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823

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1 propriate offices of the Bureau of Land Management 

2 and the Forest Service. 

3 (d) ACQUISITION OF LAND.— 

4 (1) IN GENERAL.—The Secretary or the Sec5 retary of the Interior, as appropriate, may acquire 

6 any land or interest in land within the boundaries of 

7 a Special Management Area or the wilderness des8 ignated under paragraphs (27) through (29) of sec9 tion 2(a) of the Colorado Wilderness Act of 1993 

10 (16 U.S.C. 1132 note; Public Law 103–77) (as 

11 added by section 202) only through exchange, dona12 tion, or purchase from a willing seller. 

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

14 land acquired under paragraph (1) shall be incor15 porated into, and administered as a part of, the wil16 derness or Special Management Area in which the 

17 land or interest in land is located. 

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

19 land, if established before the date of enactment of this 

20 Act, shall be permitted to continue subject to such reason21 able regulations as are considered to be necessary by the 

22 Secretary with jurisdiction over the covered land, in ac23 cordance with— 

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

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


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1 (2) the applicable guidelines set forth in Appen2 dix A of the report of the Committee on Interior and 

3 Insular Affairs of the House of Representatives ac4 companying H.R. 2570 of the 101st Congress (H. 

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

6 (H. Rept. 96–617). 

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

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

9 1133(d)(1)), the Secretary with jurisdiction over a wilder10 ness area designated by paragraphs (27) through (29) of 

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

12 U.S.C. 1132 note; Public Law 103–77) (as added by sec13 tion 202) may carry out any activity in the wilderness area 

14 that the Secretary determines to be necessary for the con15 trol of fire, insects, and diseases, subject to such terms 

16 and conditions as the Secretary determines to be appro17 priate. 

18 (g) WITHDRAWAL.—Subject to valid rights in exist19 ence on the date of enactment of this Act, the covered 

20 land and the approximately 6,590 acres generally depicted 

21 on the map entitled ‘‘Proposed Naturita Canyon Mineral 

22 Withdrawal Area’’ and dated September 6, 2018, is with23 drawn from— 

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

25 public land laws; 


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

2 laws; and 

3 (3) operation of the mineral leasing, mineral 

4 materials, and geothermal leasing laws. 

5 TITLE III—THOMPSON DIVIDE 

6 SEC. 301. PURPOSES. 

7 The purposes of this title are— 

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

9 certain Federal land in the Thompson Divide area 

10 from mineral and other disposal laws; and 

11 (2) to promote the capture of fugitive methane 

12 emissions that would otherwise be emitted into the 

13 atmosphere— 

14 (A) to reduce methane gas emissions; and 

15 (B) to provide— 

16 (i) new renewable electricity supplies 

17 and other beneficial uses of fugitive meth18 ane emissions; and 

19 (ii) increased royalties for taxpayers. 

20 SEC. 302. DEFINITIONS. 

21 In this title: 

22 (1) FUGITIVE METHANE EMISSIONS.—The term 

23 ‘‘fugitive methane emissions’’ means methane gas 

24 from those Federal lands in Garfield, Gunnison, 

25 Delta, or Pitkin County in the State generally deVerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823

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1 picted on the pilot program map as ‘‘Fugitive Coal 

2 Mine Methane Use Pilot Program Area’’ that would 

3 leak or be vented into the atmosphere from an ac4 tive, inactive or abandoned underground coal mine. 

5 (2) PILOT PROGRAM.—The term ‘‘pilot pro6 gram’’ means the Greater Thompson Divide Fugitive 

7 Coal Mine Methane Use Pilot Program established 

8 by section 305(a)(1). 

9 (3) PILOT PROGRAM MAP.—The term ‘‘pilot 

10 program map’’ means the map entitled ‘‘Greater 

11 Thompson Divide Fugitive Coal Mine Methane Use 

12 Pilot Program Area’’ and dated June 17, 2019. 

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

14 the Secretary of the Interior. 

15 (5) THOMPSON DIVIDE LEASE.— 

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

17 Divide lease’’ means any oil or gas lease in ef18 fect on the date of enactment of this Act within 

19 the Thompson Divide Withdrawal and Protec20 tion Area. 

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

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

23 lease that— 

24 (i) is associated with a Wolf Creek 

25 Storage Field development right; or 


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1 (ii) before the date of enactment of 

2 this Act, has expired, been cancelled, or 

3 otherwise terminated. 

4 (6) THOMPSON DIVIDE MAP.—The term 

5 ‘‘Thompson Divide map’’ means the map entitled 

6 ‘‘Greater Thompson Divide Area Map’’ and dated 

7 June 13, 2019. 

8 (7) THOMPSON DIVIDE WITHDRAWAL AND PRO9 TECTION AREA.—The term ‘‘Thompson Divide With10 drawal and Protection Area’’ means the Federal 

11 land and minerals generally depicted on the Thomp12 son Divide map as the ‘‘Thompson Divide With13 drawal and Protection Area’’. 

14 (8) WOLF CREEK STORAGE FIELD DEVELOP15 MENT RIGHT.— 

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

17 Storage Field development right’’ means a de18 velopment right for any of the Federal mineral 

19 leases numbered COC 007496, COC 007497, 

20 COC 007498, COC 007499, COC 007500, COC 

21 007538, COC 008128, COC 015373, COC 

22 0128018, COC 051645, and COC 051646, and 

23 generally depicted on the Thompson Divide map 

24 as ‘‘Wolf Creek Storage Agreement’’. 


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

2 Storage Field development right’’ does not in3 clude any storage right or related activity with4 in the area described in subparagraph (A). 

5 SEC. 303. THOMPSON DIVIDE WITHDRAWAL AND PROTEC6 TION AREA. 

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

8 the Thompson Divide Withdrawal and Protection Area is 

9 withdrawn from— 

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

11 public land laws; 

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

13 laws; and 

14 (3) operation of the mineral leasing, mineral 

15 materials, and geothermal leasing laws. 

16 (b) SURVEYS.—The exact acreage and legal descrip17 tion of the Thompson Divide Withdrawal and Protection 

18 Area shall be determined by surveys approved by the Sec19 retary, in consultation with the Secretary of Agriculture. 

20 (c) GRAZING.—The grazing of livestock on covered 

21 land, if established before the date of enactment of this 

22 Act, shall be allowed to continue subject to such reason23 able regulations as are considered to be necessary by the 

24 Secretary with jurisdiction over the covered land. 


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1 SEC. 304. THOMPSON DIVIDE LEASE EXCHANGE. 

2 (a) IN GENERAL.—In exchange for the relinquish3 ment by a leaseholder of all Thompson Divide leases of 

4 the leaseholder, the Secretary may issue to the leaseholder 

5 credits for any bid, royalty, or rental payment due under 

6 any Federal oil or gas lease on Federal land in the State, 

7 in accordance with subsection (b). 

8 (b) AMOUNT OF CREDITS.— 

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

10 the amount of the credits issued to a leaseholder of 

11 a Thompson Divide lease relinquished under sub12 section (a) shall— 

13 (A) be equal to the sum of— 

14 (i) the amount of the bonus bids paid 

15 for the applicable Thompson Divide leases; 

16 (ii) the amount of any rental paid for 

17 the applicable Thompson Divide leases as 

18 of the date on which the leaseholder sub19 mits to the Secretary a notice of the deci20 sion to relinquish the applicable Thompson 

21 Divide leases; and 

22 (iii) the amount of any expenses in23 curred by the leaseholder of the applicable 

24 Thompson Divide leases in the preparation 

25 of any drilling permit, sundry notice, or 

26 other related submission in support of the 


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1 development of the applicable Thompson 

2 Divide leases as of January 28, 2019, in3 cluding any expenses relating to the prepa4 ration of any analysis under the National 

5 Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.); and 

7 (B) require the approval of the Secretary. 

8 (2) EXCLUSION.—The amount of a credit 

9 issued under subsection (a) shall not include any ex10 penses paid by the leaseholder of a Thompson Divide 

11 lease for legal fees or related expenses for legal work 

12 with respect to a Thompson Divide lease. 

13 (c) CANCELLATION.—Effective on relinquishment 

14 under this section, and without any additional action by 

15 the Secretary, a Thompson Divide lease— 

16 (1) shall be permanently cancelled; and 

17 (2) shall not be reissued. 

18 (d) CONDITIONS.— 

19 (1) APPLICABLE LAW.—Except as otherwise 

20 provided in this section, each exchange under this 

21 section shall be conducted in accordance with— 

22 (A) this Act; and 

23 (B) other applicable laws (including regu24 lations). 


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1 (2) ACCEPTANCE OF CREDITS.—The Secretary 

2 shall accept credits issued under subsection (a) in 

3 the same manner as cash for the payments described 

4 in that subsection. 

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

6 under subsection (a) shall be subject to the laws (in7 cluding regulations) applicable to the payments de8 scribed in that subsection, to the extent that the 

9 laws are consistent with this section. 

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

11 the form of credits issued under subsection (a) ac12 cepted by the Secretary shall be considered to be 

13 amounts received for the purposes of— 

14 (A) section 35 of the Mineral Leasing Act 

15 (30 U.S.C. 191); and 

16 (B) section 20 of the Geothermal Steam 

17 Act of 1970 (30 U.S.C. 1019). 

18 (e) WOLF CREEK STORAGE FIELD DEVELOPMENT

19 RIGHTS.— 

20 (1) CONVEYANCE TO SECRETARY.—As a condi21 tion precedent to the relinquishment of a Thompson 

22 Divide lease, any leaseholder with a Wolf Creek 

23 Storage Field development right shall permanently 

24 relinquish, transfer, and otherwise convey to the 

25 Secretary, in a form acceptable to the Secretary, all 


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1 Wolf Creek Storage Field development rights of the 

2 leaseholder. 

3 (2) LIMITATION OF TRANSFER.—An interest 

4 acquired by the Secretary under paragraph (1)— 

5 (A) shall be held in perpetuity; and 

6 (B) shall not be— 

7 (i) transferred; 

8 (ii) reissued; or 

9 (iii) otherwise used for mineral extrac10 tion. 

11 SEC. 305. GREATER THOMPSON DIVIDE FUGITIVE COAL 

12 MINE METHANE USE PILOT PROGRAM. 

13 (a) FUGITIVE COAL MINE METHANE USE PILOT

14 PROGRAM.— 

15 (1) ESTABLISHMENT.—There is established in 

16 the Bureau of Land Management a pilot program, 

17 to be known as the ‘‘Greater Thompson Divide Fu18 gitive Coal Mine Methane Use Pilot Program’’. 

19 (2) PURPOSE.—The purpose of the pilot pro20 gram is to promote the capture, beneficial use, miti21 gation, and sequestration of fugitive methane emis22 sions— 

23 (A) to reduce methane emissions; 

24 (B) to promote economic development; 

25 (C) to produce bid and royalty revenues; 


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1 (D) to improve air quality; and 

2 (E) to improve public safety. 

3 (3) PLAN.— 

4 (A) IN GENERAL.—Not later than 180 

5 days after the date of enactment of this Act, 

6 the Secretary shall develop a plan— 

7 (i) to complete an inventory of fugitive 

8 methane emissions in accordance with sub9 section (b); 

10 (ii) to provide for the leasing of fugi11 tive methane emissions in accordance with 

12 subsection (c); and 

13 (iii) to provide for the capping or de14 struction of fugitive methane emissions in 

15 accordance with subsection (d). 

16 (B) COORDINATION.—In developing the 

17 plan under this paragraph, the Secretary shall 

18 coordinate with— 

19 (i) the State; 

20 (ii) Garfield, Gunnison, Delta, and 

21 Pitkin Counties in the State; 

22 (iii) lessees of Federal coal within the 

23 counties referred to in clause (ii); 

24 (iv) interested institutions of higher 

25 education in the State; and 


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1 (v) interested members of the public. 

2 (b) FUGITIVE METHANE EMISSION INVENTORY.— 

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

4 the date of enactment of this Act, the Secretary 

5 shall complete an inventory of fugitive methane 

6 emissions. 

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

8 inventory under paragraph (1) through, or in col9 laboration with— 

10 (A) the Bureau of Land Management; 

11 (B) the United States Geological Survey; 

12 (C) the Environmental Protection Agency; 

13 (D) the United States Forest Service; 

14 (E) State departments or agencies; 

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

16 County in the State; 

17 (G) the Garfield County Federal Mineral 

18 Lease District; 

19 (H) institutions of higher education in the 

20 State; 

21 (I) lessees of Federal coal within a county 

22 referred to in subparagraph (F); 

23 (J) the National Oceanic and Atmospheric 

24 Administration; 


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1 (K) the National Center for Atmospheric 

2 Research; or 

3 (L) other interested entities, including 

4 members of the public. 

5 (3) CONTENTS.—The inventory under para6 graph (1) shall include— 

7 (A) the general location and geographic co8 ordinates of each vent, seep, or other source 

9 producing significant fugitive methane emis10 sions; 

11 (B) an estimate of the volume and con12 centration of fugitive methane emissions from 

13 each source of significant fugitive methane 

14 emissions including details of measurements 

15 taken and the basis for that emissions estimate; 

16 (C) an estimate of the total volume of fugi17 tive methane emissions each year; 

18 (D) relevant data and other information 

19 available from— 

20 (i) the Environmental Protection 

21 Agency; 

22 (ii) the Mine Safety and Health Ad23 ministration; 

24 (iii) Colorado Department of Natural 

25 Resources; 


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1 (iv) Colorado Public Utility Commis2 sion; 

3 (v) Colorado Department of Health 

4 and Environment; and 

5 (vi) Office of Surface Mining Rec6 lamation and Enforcement; and 

7 (E) such other information as may be use8 ful in advancing the purposes of the pilot pro9 gram. 

10 (4) PUBLIC PARTICIPATION; DISCLOSURE.— 

11 (A) PUBLIC PARTICIPATION.—The Sec12 retary shall provide opportunities for public 

13 participation in the inventory under this sub14 section. 

15 (B) AVAILABILITY.—The Secretary shall 

16 make the inventory under this subsection pub17 licly available. 

18 (C) DISCLOSURE.—Nothing in this sub19 section requires the Secretary to publicly re20 lease information that— 

21 (i) poses a threat to public safety; 

22 (ii) is confidential business informa23 tion; or 

24 (iii) is otherwise protected from public 

25 disclosure. 


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1 (5) USE.—The Secretary shall use the inven2 tory in carrying out— 

3 (A) the leasing program under subsection 

4 (c); and 

5 (B) the capping or destruction of fugitive 

6 methane emissions under subsection (d). 

7 (c) FUGITIVE METHANE EMISSION LEASING PRO8 GRAM.— 

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

10 rights and in accordance with this section, not later 

11 than 1 year after the date of completion of the in12 ventory required under subsection (b), the Secretary 

13 shall carry out a program to encourage the use and 

14 destruction of fugitive methane emissions. 

15 (2) FUGITIVE METHANE EMISSIONS FROM COAL

16 MINES SUBJECT TO LEASE.— 

17 (A) IN GENERAL.—The Secretary shall au18 thorize the holder of a valid existing Federal 

19 coal lease for a mine that is producing fugitive 

20 methane emissions to capture for use, or de21 stroy by flaring, the fugitive methane emissions. 

22 (B) CONDITIONS.—The authority under 

23 subparagraph (A) shall be— 

24 (i) subject to valid existing rights; and 


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1 (ii) subject to such terms and condi2 tions as the Secretary may require. 

3 (C) LIMITATIONS.—The program carried 

4 out under paragraph (1) shall only include fugi5 tive methane emissions that can be captured for 

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

7 does not— 

8 (i) endanger the safety of any coal 

9 mine worker; or 

10 (ii) unreasonably interfere with any 

11 ongoing operation at a coal mine. 

12 (D) COOPERATION.— 

13 (i) IN GENERAL.—The Secretary shall 

14 work cooperatively with the holders of valid 

15 existing Federal coal leases for mines that 

16 produce fugitive methane emissions to en17 courage— 

18 (I) the capture of fugitive meth19 ane emissions for beneficial use, such 

20 as generating electrical power, pro21 ducing usable heat, transporting the 

22 methane to market, transforming the 

23 fugitive methane emissions into a dif24 ferent marketable material; or 


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1 (II) if the beneficial use of the 

2 fugitive methane emissions is not fea3 sible, the destruction of the fugitive 

4 methane emissions by flaring. 

5 (ii) GUIDANCE.—In furtherance of the 

6 purposes of this paragraph, not later than 

7 1 year after the date of enactment of this 

8 Act, the Secretary shall issue guidance for 

9 the implementation of Federal authorities 

10 and programs to encourage the capture for 

11 use, or destruction by flaring, of fugitive 

12 methane emissions while minimizing im13 pacts on natural resources or other public 

14 interest values. 

15 (E) ROYALTIES.—The Secretary shall de16 termine whether any fugitive methane emissions 

17 used or destroyed pursuant to this paragraph 

18 are subject to the payment of a royalty under 

19 applicable law. 

20 (3) FUGITIVE METHANE EMISSIONS FROM

21 ABANDONED COAL MINES.— 

22 (A) IN GENERAL.—Except as otherwise 

23 provided in this section, notwithstanding section 

24 303, subject to valid existing rights, and in ac25 cordance with section 21 of the Mineral Leasing 


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

2 law, the Secretary shall— 

3 (i) authorize the capture for use, or 

4 destruction by flaring, of fugitive methane 

5 emissions from abandoned coal mines on 

6 Federal land; and 

7 (ii) make available for leasing such fu8 gitive methane emissions from abandoned 

9 coal mines on Federal land as the Sec10 retary considers to be in the public inter11 est. 

12 (B) SOURCE.—To the maximum extent 

13 practicable, the Secretary shall offer for lease 

14 each significant vent, seep, or other source of 

15 fugitive methane emissions from abandoned 

16 coal mines. 

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

18 fugitive methane emissions under this para19 graph shall specify whether the prospective les20 see intends— 

21 (i) to capture the fugitive methane 

22 emissions for beneficial use, such as gener23 ating electrical power, producing usable 

24 heat, transporting the methane to market, 


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1 transforming the fugitive methane emis2 sions into a different marketable material; 

3 (ii) to destroy the fugitive methane 

4 emissions by flaring; or 

5 (iii) to employ a specific combination 

6 of— 

7 (I) capturing the fugitive meth8 ane emissions for beneficial use; and 

9 (II) destroying the fugitive meth10 ane emission by flaring. 

11 (D) PRIORITY.— 

12 (i) IN GENERAL.—If there is more 

13 than one qualified bid for a lease under 

14 this paragraph, the Secretary shall select 

15 the bid that the Secretary determines is 

16 likely to most significantly advance the 

17 public interest. 

18 (ii) CONSIDERATIONS.—In deter19 mining the public interest under clause (i), 

20 the Secretary shall take into consider21 ation— 

22 (I) the size of the overall de23 crease in the time-integrated radiative 

24 forcing of the fugitive methane emis25 sions; 


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1 (II) the impacts to other natural 

2 resource values, including wildlife, 

3 water, and air; and 

4 (III) other public interest values, 

5 including scenic, economic, recreation, 

6 and cultural values. 

7 (E) LEASE FORM.— 

8 (i) IN GENERAL.—The Secretary shall 

9 develop and provide to prospective bidders 

10 a lease form for leases issued under this 

11 paragraph. 

12 (ii) DUE DILIGENCE.—The lease form 

13 developed under clause (i) shall include 

14 terms and conditions requiring the leased 

15 fugitive methane emissions to be put to 

16 beneficial use or flared by not later than 1 

17 year after the date of issuance of the lease. 

18 (F) ROYALTY RATE.—The Secretary shall 

19 develop a minimum bid and royalty rate for 

20 leases under this paragraph to advance the pur21 poses of this section, to the maximum extent 

22 practicable. 

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

24 after the date of enactment of this Act, any significant 

25 fugitive methane emissions from abandoned coal mines on 


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1 Federal land are not leased under subsection (c)(3), the 

2 Secretary shall, in accordance with applicable law, take all 

3 reasonable measures— 

4 (1) to cap those fugitive methane emissions at 

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

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

7 portion of the fugitive methane emissions; or 

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

9 feasible, destroy the fugitive methane emissions by 

10 flaring. 

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

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

13 submit to the Committee on Natural Resources of the 

14 House of Representatives and the Committee on Energy 

15 and Natural Resources of the Senate a report detailing— 

16 (1) the economic and environmental impacts of 

17 the pilot program, including information on in18 creased royalties and estimates of avoided green19 house gas emissions; and 

20 (2) any recommendations by the Secretary on 

21 whether the pilot program could be expanded geo22 graphically to include other significant sources of fu23 gitive methane emissions from coal mines. 


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1 SEC. 306. EFFECT. 

2 Except as expressly provided in this title, nothing in 

3 this title— 

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

5 existing mineral leases, mineral interest, or other 

6 property rights wholly or partially within the 

7 Thompson Divide Withdrawal and Protection Area, 

8 including access to the leases, interests, rights, or 

9 land in accordance with applicable Federal, State, 

10 and local laws (including regulations); 

11 (2) prevents the capture of methane from any 

12 active, inactive, or abandoned coal mine covered by 

13 this title, in accordance with applicable laws; or 

14 (3) prevents access to, or the development of, 

15 any new or existing coal mine or lease in Delta or 

16 Gunnison County in the State. 

17 TITLE IV—CURECANTI 

18 NATIONAL RECREATION AREA 

19 SEC. 401. DEFINITIONS. 

20 In this title: 

21 (1) MAP.—The term ‘‘map’’ means the map en22 titled ‘‘Curecanti National Recreation Area, Pro23 posed Boundary’’, numbered 616/100,485C, and 

24 dated August 11, 2016. 

25 (2) NATIONAL RECREATION AREA.—The term 

26 ‘‘National Recreation Area’’ means the Curecanti 


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1 National Recreation Area established by section 

2 402(a). 

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

4 the Secretary of the Interior. 

5 SEC. 402. CURECANTI NATIONAL RECREATION AREA. 

6 (a) ESTABLISHMENT.—Effective beginning on the 

7 earlier of the date on which the Secretary approves a re8 quest under subsection (c)(2)(B)(i)(I) and the date that 

9 is 1 year after the date of enactment of this Act, there 

10 shall be established as a unit of the National Park System 

11 the Curecanti National Recreation Area, in accordance 

12 with this Act, consisting of approximately 50,667 acres of 

13 land in the State, as generally depicted on the map as 

14 ‘‘Curecanti National Recreation Area Proposed Bound15 ary’’. 

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

17 and available for public inspection in the appropriate of18 fices of the National Park Service. 

19 (c) ADMINISTRATION.— 

20 (1) IN GENERAL.—The Secretary shall admin21 ister the National Recreation Area in accordance 

22 with— 

23 (A) this title; and 

24 (B) the laws (including regulations) gen25 erally applicable to units of the National Park 


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1 System, including section 100101(a), chapter 

2 1003, and sections 100751(a), 100752, 

3 100753, and 102101 of title 54, United States 

4 Code. 

5 (2) DAM, POWER PLANT, AND RESERVOIR MAN6 AGEMENT AND OPERATIONS.— 

7 (A) IN GENERAL.—Nothing in this title af8 fects or interferes with the authority of the Sec9 retary— 

10 (i) to operate the Uncompahgre Valley 

11 Reclamation Project under the reclamation 

12 laws; 

13 (ii) to operate the Wayne N. Aspinall 

14 Unit of the Colorado River Storage Project 

15 under the Act of April 11, 1956 (com16 monly known as the ‘‘Colorado River Stor17 age Project Act’’) (43 U.S.C. 620 et seq.); 

18 or 

19 (iii) under the Federal Water Project 

20 Recreation Act (16 U.S.C. 460l–12 et 

21 seq.). 

22 (B) RECLAMATION LAND.— 

23 (i) SUBMISSION OF REQUEST TO RE24 TAIN ADMINISTRATIVE JURISDICTION.—If, 

25 before the date that is 1 year after the 


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1 date of enactment of this Act, the Commis2 sioner of Reclamation submits to the Sec3 retary a request for the Commissioner of 

4 Reclamation to retain administrative juris5 diction over the minimum quantity of land 

6 within the land identified on the map as 

7 ‘‘Lands withdrawn or acquired for Bureau 

8 of Reclamation projects’’ that the Commis9 sioner of Reclamation identifies as nec10 essary for the effective operation of Bu11 reau of Reclamation water facilities, the 

12 Secretary may— 

13 (I) approve, approve with modi14 fications, or disapprove the request; 

15 and 

16 (II) if the request is approved 

17 under subclause (I), make any modi18 fications to the map that are nec19 essary to reflect that the Commis20 sioner of Reclamation retains manage21 ment authority over the minimum 

22 quantity of land required to fulfill the 

23 reclamation mission. 

24 (ii) TRANSFER OF LAND.— 


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1 (I) IN GENERAL.—Administrative 

2 jurisdiction over the land identified on 

3 the map as ‘‘Lands withdrawn or ac4 quired for Bureau of Reclamation 

5 projects’’, as modified pursuant to 

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

7 transferred from the Commissioner of 

8 Reclamation to the Director of the 

9 National Park Service by not later 

10 than the date that is 1 year after the 

11 date of enactment of this Act. 

12 (II) ACCESS TO TRANSFERRED

13 LAND.— 

14 (aa) IN GENERAL.—Subject 

15 to item (bb), the Commissioner 

16 of Reclamation shall retain ac17 cess to the land transferred to 

18 the Director of the National Park 

19 Service under subclause (I) for 

20 reclamation purposes, including 

21 for the operation, maintenance, 

22 and expansion or replacement of 

23 facilities. 

24 (bb) MEMORANDUM OF UN25 DERSTANDING.—The terms of 


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1 the access authorized under item 

2 (aa) shall be determined by a 

3 memorandum of understanding 

4 entered into between the Com5 missioner of Reclamation and the 

6 Director of the National Park 

7 Service not later than 1 year 

8 after the date of enactment of 

9 this Act. 

10 (3) MANAGEMENT AGREEMENTS.— 

11 (A) IN GENERAL.—The Secretary may 

12 enter into management agreements, or modify 

13 management agreements in existence on the 

14 date of enactment of this Act, relating to the 

15 authority of the Director of the National Park 

16 Service, the Commissioner of Reclamation, the 

17 Director of the Bureau of Land Management, 

18 or the Chief of the Forest Service to manage 

19 Federal land within or adjacent to the boundary 

20 of the National Recreation Area. 

21 (B) STATE LAND.—The Secretary may 

22 enter into cooperative management agreements 

23 for any land administered by the State that is 

24 within or adjacent to the National Recreation 

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1 agement authority under section 101703 of title 

2 54, United States Code. 

3 (4) RECREATIONAL ACTIVITIES.— 

4 (A) AUTHORIZATION.—Except as provided 

5 in subparagraph (B), the Secretary shall allow 

6 boating, boating-related activities, hunting, and 

7 fishing in the National Recreation Area in ac8 cordance with applicable Federal and State 

9 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 

14 zones in which, and establish periods dur15 ing which, no boating, hunting, or fishing 

16 shall be permitted in the National Recre17 ation Area under subparagraph (A) for 

18 reasons of public safety, administration, or 

19 compliance with applicable laws. 

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

23 clause (i) shall not take effect until after 

24 the date on which the Superintendent of 


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1 the National Recreation Area consults 

2 with— 

3 (I) the appropriate State agency 

4 responsible for hunting and fishing 

5 activities; and 

6 (II) the Board of County Com7 missioners in each county in which 

8 the zone is proposed to be designated. 

9 (5) LANDOWNER ASSISTANCE.—On the written 

10 request of an individual that owns private land lo11 cated not more than 3 miles from the boundary of 

12 the National Recreation Area, the Secretary may 

13 work in partnership with the individual to enhance 

14 the long-term conservation of natural, cultural, rec15 reational, and scenic resources in and around the 

16 National Recreation Area— 

17 (A) by acquiring all or a portion of the pri18 vate land or interests in private land located 

19 not more than 3 miles from the boundary of the 

20 National Recreation Area by purchase, ex21 change, or donation, in accordance with section 

22 403; 

23 (B) by providing technical assistance to the 

24 individual, including cooperative assistance; 

25 (C) through available grant programs; and 


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1 (D) by supporting conservation easement 

2 opportunities. 

3 (6) WITHDRAWAL.—Subject to valid existing 

4 rights, all Federal land within the National Recre5 ation Area is withdrawn from— 

6 (A) entry, appropriation, and disposal 

7 under the public land laws; 

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

9 mining laws; and 

10 (C) operation of the mineral leasing, min11 eral materials, and geothermal leasing laws. 

12 (7) GRAZING.— 

13 (A) STATE LAND SUBJECT TO A STATE

14 GRAZING LEASE.— 

15 (i) IN GENERAL.—If State land ac16 quired under this title is subject to a State 

17 grazing lease in effect on the date of acqui18 sition, the Secretary shall allow the grazing 

19 to continue for the remainder of the term 

20 of the lease, subject to the related terms 

21 and conditions of user agreements, includ22 ing permitted stocking rates, grazing fee 

23 levels, access rights, and ownership and 

24 use of range improvements. 


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

2 may continue its use of established routes 

3 within the National Recreation Area to ac4 cess State land for purposes of admin5 istering the lease if the use was permitted 

6 before the date of enactment of this Act, 

7 subject to such terms and conditions as the 

8 Secretary may require. 

9 (B) STATE AND PRIVATE LAND.—The Sec10 retary may, in accordance with applicable laws, 

11 authorize grazing on land acquired from the 

12 State or private landowners under section 403, 

13 if grazing was established before the date of ac14 quisition. 

15 (C) PRIVATE LAND.—On private land ac16 quired under section 403 for the National 

17 Recreation Area on which authorized grazing is 

18 occurring before the date of enactment of this 

19 Act, the Secretary, in consultation with the les20 see, may allow the continuation and renewal of 

21 grazing on the land based on the terms of ac22 quisition or by agreement between the Secretary 

23 and the lessee, subject to applicable law (includ24 ing regulations). 


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1 (D) FEDERAL LAND.—The Secretary 

2 shall— 

3 (i) allow, consistent with the grazing 

4 leases, uses, and practices in effect as of 

5 the date of enactment of this Act, the con6 tinuation and renewal of grazing on Fed7 eral land located within the boundary of 

8 the National Recreation Area on which 

9 grazing is allowed before the date of enact10 ment of this Act, unless the Secretary de11 termines that grazing on the Federal land 

12 would present unacceptable impacts (as de13 fined in section 1.4.7.1 of the National 

14 Park Service document entitled ‘‘Manage15 ment Policies 2006: The Guide to Man16 aging the National Park System’’) to the 

17 natural, cultural, recreational, and scenic 

18 resource values and the character of the 

19 land within the National Recreation Area; 

20 and 

21 (ii) retain all authorities to manage 

22 grazing in the National Recreation Area. 

23 (E) TERMINATION OF LEASES.—Within 

24 the National Recreation Area, the Secretary 

25 may— 


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1 (i) accept the voluntary termination of 

2 a lease or permit for grazing; or 

3 (ii) in the case of a lease or permit va4 cated for a period of 3 or more years, ter5 minate the lease or permit. 

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

7 (A) affects any use or allocation in exist8 ence on the date of enactment of this Act of 

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

10 (B) affects any vested absolute or decreed 

11 conditional water right in existence on the date 

12 of enactment of this Act, including any water 

13 right held by the United States; 

14 (C) affects any interstate water compact in 

15 existence on the date of enactment of this Act; 

16 (D) authorizes or imposes any new re17 served Federal water right; 

18 (E) shall be considered to be a relinquish19 ment or reduction of any water right reserved 

20 or appropriated by the United States in the 

21 State on or before the date of enactment of this 

22 Act; or 

23 (F) constitutes an express or implied Fed24 eral reservation of any water or water rights 

25 with respect to the National Recreation area. 


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1 (9) FISHING EASEMENTS.— 

2 (A) IN GENERAL.—Nothing in this title di3 minishes or alters the fish and wildlife program 

4 for the Aspinall Unit developed under section 8 

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

6 as the ‘‘Colorado River Storage Project Act’’) 

7 (70 Stat. 110, chapter 203; 43 U.S.C. 620g), 

8 by the United States Fish and Wildlife Service, 

9 the Bureau of Reclamation, and the Colorado 

10 Division of Wildlife (including any successor in 

11 interest to that division) that provides for the 

12 acquisition of public access fishing easements as 

13 mitigation for the Aspinall Unit (referred to in 

14 this paragraph as the ‘‘program’’). 

15 (B) ACQUISITION OF FISHING EASE16 MENTS.—The Secretary shall continue to fulfill 

17 the obligation of the Secretary under the pro18 gram to acquire 26 miles of class 1 public fish19 ing easements to provide to sportsmen access 

20 for fishing within the Upper Gunnison Basin 

21 upstream of the Aspinall Unit, subject to the 

22 condition that no existing fishing access down23 stream of the Aspinall Unit shall be counted to24 ward the minimum mileage requirement under 

25 the program. 


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

2 the date of enactment of this Act, the Secretary 

3 shall— 

4 (i) develop a plan for fulfilling the ob5 ligation of the Secretary described in sub6 paragraph (B); and 

7 (ii) submit to Congress a report 

8 that— 

9 (I) includes the plan developed 

10 under clause (i); and 

11 (II) describes any progress made 

12 in the acquisition of public access 

13 fishing easements as mitigation for 

14 the Aspinall Unit under the program. 

15 SEC. 403. ACQUISITION OF LAND; BOUNDARY MANAGE16 MENT. 

17 (a) ACQUISITION.— 

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

19 any land or interest in land within the boundary of 

20 the National Recreation Area. 

21 (2) MANNER OF ACQUISITION.— 

22 (A) IN GENERAL.—Subject to subpara23 graph (B), land described in paragraph (1) may 

24 be acquired under this subsection by— 

25 (i) donation; 


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1 (ii) purchase from willing sellers with 

2 donated or appropriated funds; 

3 (iii) transfer from another Federal 

4 agency; or 

5 (iv) exchange. 

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

7 land owned by the State or a political subdivi8 sion of the State may only be acquired by pur9 chase, donation, or exchange. 

10 (b) TRANSFER OF ADMINISTRATIVE JURISDIC11 TION.— 

12 (1) FOREST SERVICE LAND.— 

13 (A) IN GENERAL.—Administrative jurisdic14 tion over the approximately 2,560 acres of land 

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

16 proposed transfer to the National Park Service’’ 

17 is transferred to the Secretary, to be adminis18 tered by the Director of the National Park 

19 Service as part of the National Recreation 

20 Area. 

21 (B) BOUNDARY ADJUSTMENT.—The 

22 boundary of the Gunnison National Forest shall 

23 be adjusted to exclude the land transferred to 

24 the Secretary under subparagraph (A). 


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1 (2) BUREAU OF LAND MANAGEMENT LAND.— 

2 Administrative jurisdiction over the approximately 

3 5,040 acres of land identified on the map as ‘‘Bu4 reau of Land Management proposed transfer to Na5 tional Park Service’’ is transferred from the Director 

6 of the Bureau of Land Management to the Director 

7 of the National Park Service, to be administered as 

8 part of the National Recreation Area. 

9 (3) WITHDRAWAL.—Administrative jurisdiction 

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

11 transfer to the Bureau of Land Management, sub12 ject to the revocation of Bureau of Reclamation 

13 withdrawal’’ shall be transferred to the Director of 

14 the Bureau of Land Management on relinquishment 

15 of the land by the Bureau of Reclamation and rev16 ocation by the Bureau of Land Management of any 

17 withdrawal as may be necessary. 

18 (c) POTENTIAL LAND EXCHANGE.— 

19 (1) IN GENERAL.—The withdrawal for reclama20 tion purposes of the land identified on the map as 

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

22 the Commissioner of Reclamation and revoked by 

23 the Director of the Bureau of Land Management 

24 and the land shall be transferred to the National 

25 Park Service. 


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1 (2) EXCHANGE; INCLUSION IN NATIONAL

2 RECREATION AREA.—On transfer of the land de3 scribed in paragraph (1), the transferred land— 

4 (A) may be exchanged by the Secretary for 

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

6 (i) subject to a conservation easement 

7 remaining on the transferred land, to pro8 tect the scenic resources of the transferred 

9 land; and 

10 (ii) in accordance with the laws (in11 cluding regulations) and policies governing 

12 National Park Service land exchanges; and 

13 (B) if not exchanged under subparagraph 

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

15 of, the National Recreation Area. 

16 (d) ADDITION TO NATIONAL RECREATION AREA.— 

17 Any land within the boundary of the National Recreation 

18 Area that is acquired by the United States shall be added 

19 to, and managed as a part of, the National Recreation 

20 Area. 

21 SEC. 404. GENERAL MANAGEMENT PLAN. 

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

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

24 the National Park Service, in consultation with the Com25 missioner of Reclamation, shall prepare a general manageVerDate Sep 11 2014 21:32 Oct 31, 2019 Jkt 099200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H823.RFS H823

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1 ment plan for the National Recreation Area in accordance 

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

3 SEC. 405. BOUNDARY SURVEY. 

4 The Secretary (acting through the Director of the 

5 National Park Service) shall prepare a boundary survey 

6 and legal description of the National Recreation Area. 

Passed the House of Representatives October 31, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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