II 

110TH CONGRESS 

2D SESSION S. 3066 

To designate certain National Forest System land in the Pike and San 

Isabel National Forests and certain land in the Royal Gorge Resource 

Area of the Bureau of Land Management in the State of Colorado 

as wilderness, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2008 

Mr. SALAZAR introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To designate certain National Forest System land in the 

Pike and San Isabel National Forests and certain land 

in the Royal Gorge Resource Area of the Bureau of 

Land Management in the State of Colorado as wilderness, 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. 

4 This Act may be cited as the ‘‘Browns Canyon Wil5 derness Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture, with re4 spect to the National Forest System land des5 ignated as wilderness by section 3(a)(1)(A); and 

6 (B) the Secretary of the Interior, with re7 spect to the land in the Royal Gorge Resource 

8 Area of the Bureau of Land Management des9 ignated as wilderness by section 3(a)(1)(B). 

10 (2) STATE.—The term ‘‘State’’ means the State 

11 of Colorado. 

12 (3) WILDERNESS AREA.—The term ‘‘wilderness 

13 area’’ means the Browns Canyon Wilderness des14 ignated by section 3(a)(1). 

15 (4) WILDERNESS MAP.—The term ‘‘wilderness 

16 map’’ means the map entitled ‘‘Browns Canyon Pro17 posed Wilderness’’ and dated May 20, 2008. 

18 SEC. 3. DESIGNATION OF BROWNS CANYON WILDERNESS, 

19 PIKE AND SAN ISABEL NATIONAL FORESTS 

20 AND ROYAL GORGE RESOURCE AREA, COLO21 RADO. 

22 (a) DESIGNATION.— 

23 (1) IN GENERAL.—In furtherance of the Wil24 derness Act (16 U.S.C. 1131 et seq.), the following 

25 land in the State is designated as wilderness and as 


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1 a component of the National Wilderness Preserva2 tion System, to be known as ‘‘Browns Canyon Wil3 derness’’: 

4 (A) Certain land in the Pike and San Isa5 bel National Forests, comprising approximately 

6 12,104 acres, as generally depicted on the wil7 derness map. 

8 (B) Certain land in the Royal Gorge Re9 source Area, comprising approximately 7,921 

10 acres, as generally depicted on the wilderness 

11 map. 

12 (2) WILDERNESS MAP AND LEGAL DESCRIP13 TION.— 

14 (A) IN GENERAL.—As soon as practicable 

15 after the date of enactment of this Act, the Sec16 retary of Agriculture and the Secretary of the 

17 Interior shall file a legal description of the wil18 derness area with the Committee on Natural 

19 Resources of the House of Representatives and 

20 the Committee on Energy and Natural Re21 sources of the Senate. 

22 (B) FORCE AND EFFECT.—The wilderness 

23 map and legal description shall have the same 

24 force and effect as if included in this Act, ex25 cept that the Secretary concerned may correct 


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1 clerical and typographical errors in the wilder2 ness map and legal description. 

3 (C) PUBLIC AVAILABILITY.—The wilder4 ness map shall be on file and available for pub5 lic inspection in appropriate offices of the Bu6 reau of Land Management and the Forest Serv7 ice. 

8 (b) ADMINISTRATION OF WILDERNESS AREA.—Sub9 ject to valid existing rights, the Secretary concerned shall 

10 manage the wilderness area in accordance with this Act 

11 and the Wilderness Act (16 U.S.C. 1131 et seq.), except 

12 that any reference in the Wilderness Act to the effective 

13 date of the Wilderness Act shall be considered to be a ref14 erence to the date of enactment of this Act. 

15 (c) GRAZING.—The grazing of livestock and the 

16 maintenance of facilities related to grazing in the wilder17 ness area, if established before the date of enactment of 

18 this Act, shall be permitted to continue in accordance with 

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

20 1133(d)(4)), as further interpreted by section 108 of Pub21 lic Law 96–560 (16 U.S.C. 1133 note), and the guidelines 

22 set forth in appendix A of the report of the Committee 

23 on Interior and Insular Affairs of the House of Represent24 atives accompanying H.R. 2570 of the 101st Congress (H. 

25 Rept. 101–405). 


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1 (d) STATE JURISDICTION.—As provided in section 

2 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

3 nothing in this Act affects the jurisdiction or responsibil4 ities of the State with respect to wildlife and fish in the 

5 State. 

6 (e) INCORPORATION OF ACQUIRED LAND AND INTER7 ESTS.—Any land acquired by the United States that is 

8 immediately adjacent to the boundary of the wilderness 

9 area and that the Secretary concerned determines is suit10 able for inclusion within the National Wilderness Preser11 vation System shall become part of the wilderness area. 

12 (f) WATER RIGHTS.— 

13 (1) FINDINGS.—Congress finds that— 

14 (A) the land designated as wilderness by 

15 this Act is— 

16 (i) arid in nature; 

17 (ii) generally not suitable for— 

18 (I) the development of new water 

19 resource facilities; or 

20 (II) the expansion of existing 

21 water resource facilities; and 

22 (iii) located at or near the headwaters 

23 of streams on land with respect to which 

24 there are no or limited— 


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1 (I) actual or proposed water re2 source facilities located upstream; or 

3 (II) opportunities for diversion, 

4 storage, or other uses of water occur5 ring outside the land; 

6 (B) the boundaries of the land designated 

7 as wilderness by this Act are drawn in a man8 ner that specifically precludes any conflict with 

9 the existing or future management and use of 

10 the water of the Arkansas River in the State; 

11 and 

12 (C) because of the nature of the land des13 ignated as wilderness by this Act, it is possible 

14 to provide for proper management and protec15 tion of the wilderness and other values of the 

16 land in ways different from those used in other 

17 laws. 

18 (2) LIMITATION ON NEW WATER RESOURCE FA19 CILITIES.— 

20 (A) DEFINITION OF WATER RESOURCE FA21 CILITY.—In this paragraph, the term ‘‘water re22 source facility’’ means an irrigation or pumping 

23 facility, reservoir, water conservation work, aq24 ueduct, canal, ditch, pipeline, well, hydropower 

25 project, transmission or other ancillary facility, 


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1 or any other water diversion, storage, or car2 riage structure. 

3 (B) RESTRICTION ON NEW WATER RE4 SOURCE FACILITIES.—Except as otherwise pro5 vided in this Act, on or after the date of enact6 ment of this Act, neither the President nor any 

7 other officer, employee, or agent of the United 

8 States shall fund, assist, authorize, or issue a 

9 license or permit for the development of any 

10 new water resource facility within the wilder11 ness area. 

12 (C) EFFECT OF PARAGRAPH.—Nothing in 

13 this paragraph affects or limits the use, oper14 ation, maintenance, repair, modification, or re15 placement of a water resource facility that is— 

16 (i) located within the boundaries of 

17 the wilderness area; and 

18 (ii) in existence on the date of enact19 ment of this Act. 

20 (3) EFFECT ON WATER RIGHTS.—Nothing in 

21 this Act— 

22 (A) affects any vested absolute or decreed 

23 conditional water rights (including any water 

24 rights held by the United States) in existence 

25 on the date of enactment of this Act; 


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1 (B) establishes a precedent with regard to 

2 any future wilderness designations; or 

3 (C) limits, alters, or amends any interstate 

4 compact or equitable apportionment decree that 

5 apportions water among and between the State 

6 and other States. 

7 (g) WITHDRAWAL.—Subject to valid rights in exist8 ence on the date of enactment of this Act, the wilderness 

9 area is withdrawn from— 

10 (1) all forms of entry, appropriation, or disposal 

11 under the public land laws; 

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

13 laws; and 

14 (3) disposition under laws relating to mineral 

15 and geothermal leasing or mineral materials. 

16 (h) FIRE, INSECT, AND DISEASE MANAGEMENT AC17 TIVITIES.— 

18 (1) CONTROL AND PREVENTION ACTIVITIES.— 

19 The Secretary concerned may undertake such meas20 ures in the wilderness area as are necessary for the 

21 control and prevention of fire, insects, and diseases, 

22 in accordance with section 4(d)(1) of the Wilderness 

23 Act (16 U.S.C. 1133(d)(1)) and the report of the 

24 Committee on Interior and Insular Affairs of the 


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1 House of Representatives to accompany H.R. 1437 

2 of the 98th Congress (H. Rept. 98–40). 

3 (2) REVIEW.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary con5 cerned shall review existing policies applicable to the 

6 wilderness area to ensure that authorized approval 

7 procedures for any fire management measures allow 

8 a timely and efficient response to fire emergencies in 

9 the wilderness area. 

10 (i) BUFFER ZONES.— 

11 (1) IN GENERAL.—Nothing in this Act creates 

12 or implies the creation of protective perimeters or 

13 buffer zones around the wilderness area. 

14 (2) ACTIVITIES OUTSIDE WILDERNESS AREA.— 

15 The fact that an activity in, or use of, non-wilder16 ness areas can be seen or heard from within the wil17 derness area shall not preclude the activity or use as 

18 a result of this Act. 

Æ 


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