I 

114TH CONGRESS 

1ST SESSION H. R. 2554 

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

National Wilderness Preservation System, to designate the Tenmile 

Recreation Management Area and Porcupine Gulch Protection Area, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2015 

Mr. POLIS introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

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

to designate the Tenmile Recreation Management Area 

and Porcupine Gulch Protection Area, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Continental Divide Wilderness and Recreation Act’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Colorado wilderness additions. 

Sec. 3. Tenmile Recreation Management Area, White River National Forest, 

Colorado. 

Sec. 4. Porcupine Gulch Protection Area, White River National Forest, Colorado. 

1 SEC. 2. COLORADO WILDERNESS ADDITIONS. 

2 (a) DESIGNATION.—Section 2(a) of the Colorado Wil3 derness Act of 1993 (Public Law 103–77; 107 Stat. 756; 

4 16 U.S.C. 1132 note) is amended— 

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

6 inserting ‘‘1993, and certain Federal lands in the 

7 White River National Forest which comprise ap8 proximately 6,349 acres, as generally depicted as 

9 ‘Proposed Ute Pass Wilderness’, ‘Proposed Acorn 

10 Creek Wilderness’, and ‘Proposed Ptarmigan Addi11 tions Wilderness’ on a map entitled ‘Ptarmigan Peak 

12 Wilderness Additions Proposal’, dated July, 2014,’’ 

13 and 

14 (2) by adding at the end the following new 

15 paragraphs: 

16 ‘‘(22) HOLY CROSS WILDERNESS ADDITION.— 

17 Certain Federal lands in the White River National 

18 Forest which comprise approximately 3,942 acres, as 

19 generally depicted as ‘Proposed No Name Wilder20 ness’ on a map entitled ‘Holy Cross Wilderness Ad21 dition Proposal’, dated July, 2014, and which are in22 corporated in and shall be deemed to be a part of 


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1 the Holy Cross Wilderness designated by section 

2 102(a)(5) of Public Law 96–560 (94 Stat. 3266). 

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

4 Federal lands in the White River National Forest 

5 which comprise approximately 5,172 acres, as gen6 erally depicted on a map entitled ‘Hoosier Ridge 

7 Wilderness Proposal’, dated July, 2014, and which 

8 shall be known as the ‘Hoosier Ridge Wilderness’. 

9 ‘‘(24) TENMILE WILDERNESS.—Certain Federal 

10 lands in the White River National Forest which 

11 comprise approximately 7,577 acres, as generally de12 picted as ‘Proposed Tenmile Wilderness’ on a map 

13 entitled ‘Tenmile Proposal’, dated July, 2014, and 

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

15 ‘‘(25) WILLIAMS FORK WILDERNESS.—Certain 

16 Federal lands in the White River National Forest 

17 which comprise approximately 9,338 acres, as gen18 erally depicted on a map entitled ‘Proposed Williams 

19 Fork Wilderness’, dated July, 2014, and which shall 

20 be known as the ‘Williams Fork Wilderness’. 

21 ‘‘(26) EAGLES NEST WILDERNESS ADDI22 TIONS.— 

23 ‘‘(A) DESIGNATION OF WILDERNESS.— 

24 Certain Federal lands in the White River Na25 tional Forest which comprise approximately 


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1 7,082 acres, as generally depicted as ‘Proposed 

2 Freeman Creek Wilderness’ and ‘Proposed 

3 Spraddle Creek Wilderness’ on a map entitled 

4 ‘Eagles Nest Wilderness Additions Proposal’, 

5 dated July, 2014, and which are incorporated 

6 in and shall be deemed to be a part of the Ea7 gles Nest Wilderness designated by Public Law 

8 94–352 (90 Stat. 870). 

9 ‘‘(B) POTENTIAL WILDERNESS.— 

10 ‘‘(i) DESIGNATION.—In furtherance of 

11 the purposes of the Wilderness Act, certain 

12 Federal lands in the White River National 

13 Forest which comprise approximately 

14 2,338 acres, as generally depicted as ‘Pro15 posed Spraddle Creek Potential Wilder16 ness’ on a map entitled ‘Eagles Nest Wil17 derness Additions Proposal’, dated July 

18 2014, is designated as a potential wilder19 ness area. 

20 ‘‘(ii) MANAGEMENT.—Except as pro21 vided in clause (iii) and subject to valid ex22 isting rights, the potential wilderness area 

23 designated by this subparagraph shall be 

24 managed in accordance with the Wilder25 ness Act and this Act. 


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1 ‘‘(iii) ECOLOGICAL RESTORATION.— 

2 For purposes of ecological restoration (in3 cluding any activity necessary to restore 

4 the natural ecosystems and water quality 

5 and protect watershed values in the poten6 tial wilderness area designated by this sub7 paragraph), the Secretary or an authorized 

8 third party may use motorized and mecha9 nized transport and equipment in the po10 tential wilderness area until the date on 

11 which the potential wilderness area is in12 corporated into the Eagles Nest Wilder13 ness. 

14 ‘‘(iv) DESIGNATION AS WILDER15 NESS.—The potential wilderness area des16 ignated by this subparagraph shall be des17 ignated as wilderness and incorporated in 

18 and deemed to be a part of the Eagles 

19 Nest Wilderness on the earlier of— 

20 ‘‘(I) the date on which the Sec21 retary publishes in the Federal Reg22 ister notice that the ecological restora23 tion activities identified in clause (iii) 

24 have been completed by the Secretary 

25 or an authorized third party; or 


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1 ‘‘(II) the date that is 10 years 

2 after the date of enactment of the 

3 Continental Divide Wilderness and 

4 Recreation Act.’’. 

5 (b) EFFECTIVE DATE.—Any reference in the Wilder6 ness Act (16 U.S.C. 1131 et seq.) to the effective date 

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

8 date of enactment of this Act for purposes of admin9 istering the Federal lands designated as wilderness by 

10 paragraphs (18) and (22) through (26)(A) of section 2(a) 

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

12 note; Public Law 103–77), as amended or added by sub13 section (a). 

14 (c) FIRE, INSECTS, AND DISEASES.—As provided in 

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

16 1133(d)(1)), in the case of the Federal lands designated 

17 as wilderness by paragraphs (18) and (22) through 

18 (26)(A) of section 2(a) of the Colorado Wilderness Act of 

19 1993 (16 U.S.C. 1132 note; Public Law 103–77), as 

20 amended or added by subsection (a), the Secretary may 

21 take any measure that the Secretary determines to be nec22 essary to control fire, insects, and diseases, subject to such 

23 terms and conditions as the Secretary determines to be 

24 appropriate. 


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1 (d) INCORPORATION OF ACQUIRED LAND AND IN2 TERESTS.—Any land or interest in land that is acquired 

3 by the United States within the boundaries of the Federal 

4 lands designated as wilderness by paragraphs (18) and 

5 (22) through (26)(A) of section 2(a) of the Colorado Wil6 derness Act of 1993 (16 U.S.C. 1132 note; Public Law 

7 103–77), as amended or added by subsection (a), shall— 

8 (1) become part of the wilderness area of which 

9 the Federal lands are a part; and 

10 (2) be managed in accordance with the applica11 ble provisions of this Act and any other applicable 

12 laws. 

13 (e) GRAZING.—The grazing of livestock on the Fed14 eral lands designated as wilderness by paragraphs (18) 

15 and (22) through (26)(A) of section 2(a) of the Colorado 

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

17 103–77), as amended or added by subsection (a), if estab18 lished before the date of enactment of this Act, shall be 

19 permitted to continue subject to such reasonable regula20 tions as are considered necessary by the Secretary, in ac21 cordance with section 4(d)(4) of the Wilderness Act (16 

22 U.S.C. 1133(d)(4)). 

23 (f) NO BUFFER ZONES.—Congress does not intend 

24 that the designation by this Act of Federal lands as wilder25 ness in the State of Colorado creates or implies the creVerDate Sep 11 2014 20:13 Jun 01, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2554.IH H2554

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1 ation of protective perimeters or buffer zones around any 

2 wilderness area. The fact that nonwilderness activities or 

3 uses can be seen or heard from within a wilderness area 

4 shall not, of itself, preclude such activities or uses up to 

5 the boundary of the wilderness area. 

6 SEC. 3. TENMILE RECREATION MANAGEMENT AREA, WHITE 

7 RIVER NATIONAL FOREST, COLORADO. 

8 (a) DESIGNATION.—Certain Federal land in the 

9 White River National Forest in the State of Colorado 

10 which comprise approximately 11,417 acres, as generally 

11 depicted as ‘‘Proposed Tenmile Recreation Management 

12 Area’’ on a map entitled ‘‘Tenmile Proposal’’, dated July 

13 2014, is designated the ‘‘Tenmile Recreation Management 

14 Area’’ (in this section referred to as the ‘‘Recreation Man15 agement Area’’). 

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

17 Management Area are to conserve, protect, and enhance 

18 for the benefit and enjoyment of present and future gen19 erations the recreational, scenic, watershed, habitat, and 

20 ecological resources of the area. 

21 (c) MANAGEMENT.— 

22 (1) IN GENERAL.—The Secretary of Agriculture 

23 shall manage the Recreation Management Area— 

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

25 and enhances— 


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1 (i) the purposes of the Recreation 

2 Management Area described in subsection 

3 (b); and 

4 (ii) recreation opportunities, including 

5 mountain biking, hiking, fishing, horseback 

6 riding, snowshoeing, climbing, skiing, 

7 camping, and hunting; and 

8 (B) in accordance with— 

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

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

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

14 (iii) this section. 

15 (2) USES.— 

16 (A) IN GENERAL.—The Secretary shall 

17 only allow such uses of the Recreation Manage18 ment Area that the Secretary determines would 

19 further the purposes described in subsection 

20 (b). 

21 (B) VEHICLES.— 

22 (i) IN GENERAL.—Except as provided 

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

24 in the Recreation Management Area shall 

25 be limited to those roads, vehicle classes, 


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1 and periods of use authorized for such use 

2 on the date of enactment of this Act. 

3 (ii) NEW OR TEMPORARY ROADS.— 

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

5 or temporary roads shall be constructed 

6 within the Recreation Management Area. 

7 (iii) EXCEPTIONS.—Nothing in clause 

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

9 (I) rerouting or closing an exist10 ing road or trail to protect natural re11 sources from degradation, as deter12 mined to be appropriate by the Sec13 retary; 

14 (II) authorizing the use of motor15 ized vehicles for administrative pur16 poses; 

17 (III) constructing temporary 

18 roads or permitting the use of motor19 ized vehicles to carry out pre- or post20 fire watershed protection projects; 

21 (IV) authorizing the use of mo22 torized vehicles to carry out activities 

23 associated with subsection (g), (h), or 

24 (i); and 

25 (V) responding to an emergency. 


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1 (C) COMMERCIAL TIMBER.— 

2 (i) IN GENERAL.—No projects shall be 

3 undertaken for the purpose of harvesting 

4 commercial timber within the Recreation 

5 Management Area. 

6 (ii) LIMITATION.—Nothing in clause 

7 (i) prevents the Secretary from harvesting 

8 or selling merchantable products that are 

9 byproducts of activities authorized by this 

10 section. 

11 (d) MAPS AND LEGAL DESCRIPTIONS.— 

12 (1) FILING.—As soon as practicable after the 

13 date of enactment of this Act, the Secretary shall 

14 prepare a map and legal descriptions for the Recre15 ation Management Area. 

16 (2) FORCE OF LAW.—The map and legal de17 scription prepared under paragraph (1) shall have 

18 the same force and effect as if included in this Act, 

19 except that the Secretary may correct typographical 

20 errors in the maps and legal descriptions. 

21 (3) PUBLIC AVAILABILITY.—The map and legal 

22 description prepared under paragraph (1) shall be 

23 on file and available for public inspection in the ap24 propriate office of the Secretary. 


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1 (e) WITHDRAWAL.—Subject to valid rights in exist2 ence on the date of enactment of this Act, the Federal 

3 land within the Recreation Management Area is with4 drawn from— 

5 (1) all forms of entry, appropriation, and dis6 posal under the public land laws; 

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

8 laws; and 

9 (3) operation of the mineral leasing, mineral 

10 materials, and geothermal leasing laws. 

11 (f) INCORPORATION OF ACQUIRED LAND AND INTER12 ESTS.—Any land or interest in land that is acquired by 

13 the United States within the boundaries of the Recreation 

14 Management Area shall— 

15 (1) become part of the Recreation Management 

16 Area; and 

17 (2) be managed in accordance with the applica18 ble provisions of this Act and any other applicable 

19 laws. 

20 (g) FIRE, INSECTS, AND DISEASES.—The Secretary 

21 may take any measure that the Secretary determines to 

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

23 and diseases, and hazardous fuels, subject to such terms 

24 and conditions as the Secretary determines to be appro25 priate. 


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1 (h) WATER MANAGEMENT INFRASTRUCTURE.— 

2 Nothing in this section affects the construction, repair, re3 construction, replacement, operation, maintenance, or ren4 ovation of water management infrastructure existing on 

5 the date of enactment of this Act or such future infra6 structure necessary for the development or exercise of 

7 water rights decreed prior to the date of enactment of this 

8 Act within the Tenmile Recreation Management Area. 

9 (i) REGIONAL TRANSPORTATION PROJECTS.—Noth10 ing in this section precludes the Secretary from author11 izing, consistent with applicable laws (including regula12 tions), the use or lease of Federal land within the Recre13 ation Management Area for— 

14 (1) regional transportation projects, including 

15 highway widening or realignment and construction 

16 of multimodal transportation systems; and 

17 (2) infrastructure, activities, or safety measures 

18 associated with the implementation or utilization of 

19 those facilities. 

20 (j) APPLICATION OF LAW.—Nothing in this section 

21 shall affect the designation of the Federal land within the 

22 Recreation Management Area for purposes of section 303 

23 of title 49, United States Code, and section 138 of title 

24 23, United States Code. 


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1 (k) PERMITS.—Nothing in this section alters or lim2 its— 

3 (1) a permit held by a ski area or other entity; 

4 or 

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

6 associated activities or facilities proposed or author7 ized by law or permit outside of the Recreation Man8 agement Area. 

9 (l) WATER.—The provisions of section 3(e) of the 

10 James Peak Wilderness and Protection Area Act (Public 

11 Law 107–216; 116 Stat. 1055) shall apply to the Recre12 ation Management Area established by this section. 

13 (m) MILITARY ACTIVITIES.— 

14 (1) COLORADO NATIONAL GUARD USE.—Noth15 ing in this section shall restrict, preclude or other16 wise affect the use by the Colorado Army National 

17 Guard, a reserve component of the Armed Forces, of 

18 the Recreation Management Area for aircraft train19 ing, testing, evaluation, emergency response, or 

20 other related air operations— 

21 (A) in the manner and degree such uses 

22 were authorized to occur on the date of the en23 actment of this Act; or 


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1 (B) as authorized under future agreements 

2 between the Secretary and the Secretary of De3 fense. 

4 (2) MILITARY AIRCRAFT USE.—Nothing in this 

5 section restricts or precludes, or should cause any 

6 other Federal regulation to restrict or preclude— 

7 (A) low-level overflights of military air8 craft; or 

9 (B) the designation, modification, or cre10 ation of new units of special use airspace, or 

11 the establishment of military flight training 

12 routes. 

13 (n) FISH AND WILDLIFE.—Nothing in this section 

14 affects the jurisdiction or responsibilities of the State of 

15 Colorado with respect to fish and wildlife in the State, in16 cluding hunting and fishing. 

17 (o) NO BUFFER ZONES.—The Recreation Manage18 ment Area shall not create a protective perimeter or buffer 

19 zone around the Recreation Management Area. 

20 SEC. 4. PORCUPINE GULCH PROTECTION AREA, WHITE 

21 RIVER NATIONAL FOREST, COLORADO. 

22 (a) DESIGNATION.—Certain Federal land located in 

23 the White River National Forest in the State of Colorado 

24 which comprise approximately 5,204 acres, as generally 

25 depicted on a map entitled ‘‘Porcupine Gulch Protection 


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1 Area Proposal’’, dated July 2014, is designated the ‘‘Por2 cupine Gulch Protection Area’’ (in this section referred to 

3 as the ‘‘Protection Area’’). 

4 (b) PURPOSES.—The purposes of the Protection Area 

5 are to conserve, protect, and enhance for the benefit and 

6 enjoyment of present and future generations the scenic, 

7 roadless, watershed, and ecological resources of the Pro8 tection Area. 

9 (c) MANAGEMENT.— 

10 (1) IN GENERAL.—The Secretary of Agriculture 

11 shall manage the Protection Area— 

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

13 and enhances the purposes described in sub14 section (b); and 

15 (B) in accordance with— 

16 (i) the Forest and Rangeland Renew17 able Resources Planning Act of 1974 (16 

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

19 (ii) any other applicable laws (includ20 ing regulations); and 

21 (iii) this section. 

22 (2) USES.— 

23 (A) IN GENERAL.—The Secretary shall 

24 only allow such uses of the Protection Area that 


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1 the Secretary determines would further the pur2 poses described in subsection (b). 

3 (B) MOTORIZED VEHICLES.— 

4 (i) IN GENERAL.—Except as provided 

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

6 and mechanized transport in the Protec7 tion Area shall be prohibited. 

8 (ii) NEW OR TEMPORARY ROADS.— 

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

10 or temporary roads shall be constructed 

11 within the Protection Area. 

12 (iii) EXCEPTIONS.—Nothing in clause 

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

14 (I) authorizing the use of motor15 ized vehicles for administrative pur16 poses; 

17 (II) constructing temporary 

18 roads or permitting the use of motor19 ized vehicles to carry out pre- or post20 fire watershed protection projects; 

21 (III) authorizing the use of mo22 torized vehicles to carry out activities 

23 associated with subsection (g) or (h); 

24 or 

25 (IV) responding to an emergency. 


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1 (C) COMMERCIAL TIMBER.— 

2 (i) IN GENERAL.—No projects shall be 

3 undertaken for the purpose of harvesting 

4 commercial timber within the Protection 

5 Area. 

6 (ii) LIMITATION.—Nothing in clause 

7 (i) prevents the Secretary from harvesting 

8 or selling merchantable products that are 

9 byproducts of activities authorized by this 

10 section. 

11 (d) MAP AND LEGAL DESCRIPTION.— 

12 (1) FILING.—As soon as practicable after the 

13 date of enactment of this Act, the Secretary shall 

14 prepare a map and legal description for the Protec15 tion Area. 

16 (2) FORCE OF LAW.—The map and legal de17 scription prepared under paragraph (1) shall have 

18 the same force and effect as if included in this Act, 

19 except that the Secretary may correct typographical 

20 errors in the map and legal description. 

21 (3) PUBLIC AVAILABILITY.—The map and legal 

22 description prepared under paragraph (1) shall be 

23 on file and available for public inspection in the ap24 propriate office of the Secretary. 


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1 (e) WITHDRAWAL.—Subject to valid rights in exist2 ence on the date of enactment of this Act, the Federal 

3 land within the Protection Area is withdrawn from— 

4 (1) all forms of entry, appropriation, and dis5 posal under the public land laws; 

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

7 laws; and 

8 (3) operation of the mineral leasing, mineral 

9 materials, and geothermal leasing laws. 

10 (f) INCORPORATION OF ACQUIRED LAND AND INTER11 ESTS.—Any land or interest in land that is acquired by 

12 the United States within the boundaries of the Protection 

13 Area shall— 

14 (1) become part of the Protection Area; and 

15 (2) be managed in accordance with the applica16 ble provisions of this Act and any other applicable 

17 laws. 

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

19 may take any measure that the Secretary determines to 

20 be necessary to prevent, control, and mitigate fire, insects, 

21 and diseases and hazardous fuels, subject to such terms 

22 and conditions as the Secretary determines to be appro23 priate. 

24 (h) REGIONAL TRANSPORTATION PROJECTS.—Noth25 ing in this section precludes the Secretary from authorVerDate Sep 11 2014 20:13 Jun 01, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2554.IH H2554

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1 izing, consistent with applicable laws (including regula2 tions), the use or lease of Federal land within the Protec3 tion Area for— 

4 (1) regional transportation projects, including 

5 highway widening or realignment and construction 

6 of multimodal transportation systems; and 

7 (2) infrastructure, activities, or safety measures 

8 associated with the implementation or utilization of 

9 those facilities. 

10 (i) APPLICATION OF LAW.—Nothing in this section 

11 shall affect the designation of the Federal land within the 

12 Protection Area for purposes of section 303 of title 49, 

13 United States Code, and section 138 of title 23, United 

14 States Code. 

15 (j) WATER.—The provisions of section 3(e) of the 

16 James Peak Wilderness and Protection Area Act (Public 

17 Law 107–216; 116 Stat. 1055) shall apply to the Protec18 tion Area. 

19 (k) MILITARY ACTIVITIES.— 

20 (1) COLORADO ARMY NATIONAL GUARD USE.— 

21 Nothing in this section shall restrict, preclude or 

22 otherwise affect the use by the Colorado Army Na23 tional Guard, a reserve component of the Armed 

24 Forces, of the Protection Area for aircraft training, 


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1 testing, evaluation, emergency response, or other re2 lated air operations— 

3 (A) in the manner and degree such uses 

4 were authorized to occur on the date of the en5 actment of this Act; or 

6 (B) as authorized under future agreements 

7 between the Secretary and the Secretary of De8 fense. 

9 (2) MILITARY AIRCRAFT USE.—Nothing in this 

10 section restricts or precludes, or should cause any 

11 other Federal regulation to restrict or preclude— 

12 (A) low-level overflights of military air13 craft; or 

14 (B) the designation, modification, or cre15 ation of new units of special use airspace, or 

16 the establishment of military flight training 

17 routes. 

18 (l) FISH AND WILDLIFE.—Nothing in this section af19 fects the jurisdiction or responsibilities of the State of Col20 orado with respect to fish and wildlife in the State, includ21 ing hunting and fishing. 

22 (m) NO BUFFER ZONES.—The Protection Area shall 

23 not create a protective perimeter or buffer zone around 

24 the Protection Area. 

Æ 


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