I 

113TH CONGRESS 

2D SESSION H. R. 5311 

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 

JULY 31, 2014 

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 ‘‘Rocky Mountain Recreation and Wilderness Preservation 

6 Act’’. 


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

2 this Act is as follows: 

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. 

3 SEC. 2. COLORADO WILDERNESS ADDITIONS. 

4 (a) DESIGNATION.—Section 2(a) of the Colorado Wil5 derness Act of 1993 (Public Law 103–77; 107 Stat. 756; 

6 16 U.S.C. 1132 note) is amended— 

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

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

9 White River National Forest which comprise ap10 proximately 6,349 acres, as generally depicted as 

11 ‘Proposed Ute Pass Wilderness’, ‘Proposed Acorn 

12 Creek Wilderness’, and ‘Proposed Ptarmigan Addi13 tions Wilderness’ on a map entitled ‘Ptarmigan Peak 

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

15 and 

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

17 paragraphs: 

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

19 Certain Federal lands in the White River National 

20 Forest which comprise approximately 3,942 acres, as 

21 generally depicted as ‘Proposed No Name Wilder22 ness’ on a map entitled ‘Holy Cross Wilderness AdVerDate Mar 15 2010 04:11 Aug 09, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5311.IH H5311

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1 dition Proposal’, dated July, 2014, and which are in2 corporated in and shall be deemed to be a part of 

3 the Holy Cross Wilderness designated by section 

4 102(a)(5) of Public Law 96–560 (94 Stat. 3266). 

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

6 Federal lands in the White River National Forest 

7 which comprise approximately 5,172 acres, as gen8 erally depicted on a map entitled ‘Hoosier Ridge 

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

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

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

12 lands in the White River National Forest which 

13 comprise approximately 7,577 acres, as generally de14 picted as ‘Proposed Tenmile Wilderness’ on a map 

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

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

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

18 Federal lands in the White River National Forest 

19 which comprise approximately 9,338 acres, as gen20 erally depicted on a map entitled ‘Proposed Williams 

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

22 be known as the ‘Williams Fork Wilderness’. 

23 ‘‘(26) EAGLES NEST WILDERNESS ADDI24 TIONS.— 


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1 ‘‘(A) DESIGNATION OF WILDERNESS.— 

2 Certain Federal lands in the White River Na3 tional Forest which comprise approximately 

4 7,082 acres, as generally depicted as ‘Proposed 

5 Freeman Creek Wilderness’ and ‘Proposed 

6 Spraddle Creek Wilderness’ on a map entitled 

7 ‘Eagles Nest Wilderness Additions Proposal’, 

8 dated July, 2014, and which are incorporated 

9 in and shall be deemed to be a part of the Ea10 gles Nest Wilderness designated by Public Law 

11 94–352 (90 Stat. 870). 

12 ‘‘(B) POTENTIAL WILDERNESS.— 

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

14 the purposes of the Wilderness Act, certain 

15 Federal lands in the White River National 

16 Forest which comprise approximately 

17 2,338 acres, as generally depicted as ‘Pro18 posed Spraddle Creek Potential Wilder19 ness’ on a map entitled ‘Eagles Nest Wil20 derness Additions Proposal’, dated July 

21 2014, is designated as a potential wilder22 ness area. 

23 ‘‘(ii) MANAGEMENT.—Except as pro24 vided in clause (iii) and subject to valid ex25 isting rights, the potential wilderness area 


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1 designated by this subparagraph shall be 

2 managed in accordance with the Wilder3 ness Act and this Act. 

4 ‘‘(iii) ECOLOGICAL RESTORATION.— 

5 For purposes of ecological restoration (in6 cluding any activity necessary to restore 

7 the natural ecosystems and water quality 

8 and protect watershed values in the poten9 tial wilderness area designated by this sub10 paragraph), the Secretary or an authorized 

11 third party may use motorized and mecha12 nized transport and equipment in the po13 tential wilderness area until the date on 

14 which the potential wilderness area is in15 corporated into the Eagles Nest Wilder16 ness. 

17 ‘‘(iv) DESIGNATION AS WILDER18 NESS.—The potential wilderness area des19 ignated by this subparagraph shall be des20 ignated as wilderness and incorporated in 

21 and deemed to be a part of the Eagles 

22 Nest Wilderness on the earlier of— 

23 ‘‘(I) the date on which the Sec24 retary publishes in the Federal Reg25 ister notice that the ecological restoraVerDate Mar 15 2010 04:11 Aug 09, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5311.IH H5311

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1 tion activities identified in clause (iii) 

2 have been completed by the Secretary 

3 or an authorized third party; or 

4 ‘‘(II) the date that is 10 years 

5 after the date of enactment of the 

6 Rocky Mountain Recreation and Wil7 derness Preservation Act.’’. 

8 (b) EFFECTIVE DATE.—Any reference in the Wilder9 ness Act (16 U.S.C. 1131 et seq.) to the effective date 

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

11 date of enactment of this Act for purposes of admin12 istering the Federal lands designated as wilderness by 

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

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

15 note; Public Law 103–77), as amended or added by sub16 section (a). 

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

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

19 1133(d)(1)), in the case of the Federal lands designated 

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

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

22 1993 (16 U.S.C. 1132 note; Public Law 103–77), as 

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

24 take any measure that the Secretary determines to be nec25 essary to control fire, insects, and diseases, subject to such 


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1 terms and conditions as the Secretary determines to be 

2 appropriate. 

3 (d) INCORPORATION OF ACQUIRED LAND AND IN4 TERESTS.—Any land or interest in land that is acquired 

5 by the United States within the boundaries of the Federal 

6 lands designated as wilderness by paragraphs (18) and 

7 (22) through (26)(A) of section 2(a) of the Colorado Wil8 derness Act of 1993 (16 U.S.C. 1132 note; Public Law 

9 103–77), as amended or added by subsection (a), shall— 

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

11 the Federal lands are a part; and 

12 (2) be managed in accordance with the applica13 ble provisions of this Act and any other applicable 

14 laws. 

15 (e) GRAZING.—The grazing of livestock on the Fed16 eral lands designated as wilderness by paragraphs (18) 

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

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

19 103–77), as amended or added by subsection (a), if estab20 lished before the date of enactment of this Act, shall be 

21 permitted to continue subject to such reasonable regula22 tions as are considered necessary by the Secretary, in ac23 cordance with section 4(d)(4) of the Wilderness Act (16 

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


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

2 that the designation by this Act of Federal lands as wilder3 ness in the State of Colorado creates or implies the cre4 ation of protective perimeters or buffer zones around any 

5 wilderness area. The fact that nonwilderness activities or 

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

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

8 the boundary of the wilderness area. 

9 SEC. 3. TENMILE RECREATION MANAGEMENT AREA, WHITE 

10 RIVER NATIONAL FOREST, COLORADO. 

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

12 White River National Forest in the State of Colorado 

13 which comprise approximately 11,417 acres, as generally 

14 depicted as ‘‘Proposed Tenmile Recreation Management 

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

16 2014, is designated the ‘‘Tenmile Recreation Management 

17 Area’’ (in this section referred to as the ‘‘Recreation Man18 agement Area’’). 

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

20 Management Area are to conserve, protect, and enhance 

21 for the benefit and enjoyment of present and future gen22 erations the recreational, scenic, watershed, habitat, and 

23 ecological resources of the area. 

24 (c) MANAGEMENT.— 


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

2 shall manage the Recreation Management Area— 

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

4 and enhances— 

5 (i) the purposes of the Recreation 

6 Management Area described in subsection 

7 (b); and 

8 (ii) recreation opportunities, including 

9 mountain biking, hiking, fishing, horseback 

10 riding, snowshoeing, climbing, skiing, 

11 camping, and hunting; and 

12 (B) in accordance with— 

13 (i) the Forest and Rangeland Renew14 able Resources Planning Act of 1974 (16 

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

16 (ii) any other applicable laws (includ17 ing regulations); and 

18 (iii) this section. 

19 (2) USES.— 

20 (A) IN GENERAL.—The Secretary shall 

21 only allow such uses of the Recreation Manage22 ment Area that the Secretary determines would 

23 further the purposes described in subsection 

24 (b). 

25 (B) VEHICLES.— 


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1 (i) IN GENERAL.—Except as provided 

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

3 in the Recreation Management Area shall 

4 be limited to those roads, vehicle classes, 

5 and periods of use authorized for such use 

6 on the date of enactment of this Act. 

7 (ii) NEW OR TEMPORARY ROADS.— 

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

9 or temporary roads shall be constructed 

10 within the Recreation Management Area. 

11 (iii) EXCEPTIONS.—Nothing in clause 

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

13 (I) rerouting or closing an exist14 ing road or trail to protect natural re15 sources from degradation, as deter16 mined to be appropriate by the Sec17 retary; 

18 (II) authorizing the use of motor19 ized vehicles for administrative pur20 poses; 

21 (III) constructing temporary 

22 roads or permitting the use of motor23 ized vehicles to carry out pre- or post24 fire watershed protection projects; 


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1 (IV) authorizing the use of mo2 torized vehicles to carry out activities 

3 associated subsection (g), (h), or (i); 

4 and 

5 (V) responding to an emergency. 

6 (C) COMMERCIAL TIMBER.— 

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

8 undertaken for the purpose of harvesting 

9 commercial timber within the Recreation 

10 Management Area. 

11 (ii) LIMITATION.—Nothing in clause 

12 (i) prevents the Secretary from harvesting 

13 or selling merchantable products that are 

14 byproducts of activities authorized by this 

15 section. 

16 (d) MAPS AND LEGAL DESCRIPTIONS.— 

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

18 date of enactment of this Act, the Secretary shall 

19 prepare a map and legal descriptions for the Recre20 ation Management Area. 

21 (2) FORCE OF LAW.—The map and legal de22 scription prepared under paragraph (1) shall have 

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

24 except that the Secretary may correct typographical 

25 errors in the maps and legal descriptions. 


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

2 description prepared under paragraph (1) shall be 

3 on file and available for public inspection in the ap4 propriate office of the Secretary. 

5 (e) WITHDRAWAL.—Subject to valid rights in exist6 ence on the date of enactment of this Act, the Federal 

7 land within the Recreation Management Area is with8 drawn from— 

9 (1) all forms of entry, appropriation, and dis10 posal under the public land laws; 

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

12 laws; and 

13 (3) operation of the mineral leasing, mineral 

14 materials, and geothermal leasing laws. 

15 (f) INCORPORATION OF ACQUIRED LAND AND INTER16 ESTS.—Any land or interest in land that is acquired by 

17 the United States within the boundaries of the Recreation 

18 Management Area shall— 

19 (1) become part of the Recreation Management 

20 Area; and 

21 (2) be managed in accordance with the applica22 ble provisions of this Act and any other applicable 

23 laws. 

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

25 may take any measure that the Secretary determines to 


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

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

3 and conditions as the Secretary determines to be appro4 priate. 

5 (h) WATER MANAGEMENT INFRASTRUCTURE.— 

6 Nothing in this section affects the construction, repair, re7 construction, replacement, operation, maintenance, or ren8 ovation of water management infrastructure existing on 

9 the date of enactment of this Act or such future infra10 structure necessary for the development or exercise of 

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

12 Act within the Tenmile Recreation Management Area. 

13 (i) REGIONAL TRANSPORTATION PROJECTS.—Noth14 ing in this section precludes the Secretary from author15 izing, consistent with applicable laws (including regula16 tions), the use or lease of Federal land within the Recre17 ation Management Area for— 

18 (1) regional transportation projects, including 

19 highway widening or realignment and construction 

20 of multimodal transportation systems; and 

21 (2) infrastructure, activities, or safety measures 

22 associated with the implementation or utilization of 

23 those facilities. 

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

25 shall affect the designation of the Federal land within the 


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1 Recreation Management Area for purposes of section 303 

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

3 23 United States Code. 

4 (k) PERMITS.—Nothing in this section alters or lim5 its— 

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

7 or 

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

9 associated activities or facilities proposed or author10 ized by law or permit outside of the Recreation Man11 agement Area. 

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

13 James Peak Wilderness and Protection Area Act (Public 

14 Law 107–216; 116 Stat. 1055) shall apply to the Recre15 ation Management Area established by this section. 

16 (m) MILITARY ACTIVITIES.— 

17 (1) COLORADO NATIONAL GUARD USE.—Noth18 ing in this section shall restrict, preclude or other19 wise affect the use by the Colorado Army National 

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

21 the Recreation Management Area for aircraft train22 ing, testing, evaluation, emergency response, or 

23 other related air operations— 


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1 (A) in the manner and degree such uses 

2 were authorized to occur on the date of the en3 actment of this Act; or 

4 (B) as authorized under future agreements 

5 between the Secretary and the Secretary of De6 fense. 

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

8 section restricts or precludes, or should cause any 

9 other Federal regulation to restrict or preclude— 

10 (A) low-level overflights of military air11 craft; or 

12 (B) the designation, modification, or cre13 ation of new units of special use airspace, or 

14 the establishment of military flight training 

15 routes. 

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

17 affects the jurisdiction or responsibilities of the State of 

18 Colorado with respect to fish and wildlife in the State. 

19 (o) NO BUFFER ZONES.—The Recreation Manage20 ment Area shall not create a protective perimeter or buffer 

21 zone around the Recreation Management Area. 

22 SEC. 4. PORCUPINE GULCH PROTECTION AREA, WHITE 

23 RIVER NATIONAL FOREST, COLORADO. 

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

25 the White River National Forest in the State of Colorado 


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1 which comprise approximately 5,204 acres, as generally 

2 depicted on a map entitled ‘‘Porcupine Gulch Protection 

3 Area Proposal’’, dated July 2014, is designated the ‘‘Por4 cupine Gulch Protection Area’’ (in this section referred to 

5 as the ‘‘Protection Area’’). 

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

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

8 enjoyment of present and future generations the scenic, 

9 roadless, watershed, and ecological resources of the Pro10 tection Area. 

11 (c) MANAGEMENT.— 

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

13 shall manage the Protection Area— 

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

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

17 (B) in accordance with— 

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

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

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

23 (iii) this section. 

24 (2) USES.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 only allow such uses of the Protection Area that 

3 the Secretary determines would further the pur4 poses described in subsection (b). 

5 (B) MOTORIZED VEHICLES.— 

6 (i) IN GENERAL.—Except as provided 

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

8 and mechanized transport in the Protec9 tion Area shall be prohibited. 

10 (ii) NEW OR TEMPORARY ROADS.— 

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

12 or temporary roads shall be constructed 

13 within the Protection Area. 

14 (iii) EXCEPTIONS.—Nothing in clause 

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

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

19 (II) constructing temporary 

20 roads or permitting the use of motor21 ized vehicles to carry out pre- or post22 fire watershed protection projects; 

23 (III) authorizing the use of mo24 torized vehicles to carry out activities 

25 associated subsection (g) or (h); or 


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1 (IV) responding to an emergency. 

2 (C) COMMERCIAL TIMBER.— 

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

4 undertaken for the purpose of harvesting 

5 commercial timber within the Protection 

6 Area. 

7 (ii) LIMITATION.—Nothing in clause 

8 (i) prevents the Secretary from harvesting 

9 or selling merchantable products that are 

10 byproducts of activities authorized by this 

11 section. 

12 (d) MAP AND LEGAL DESCRIPTION.— 

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

14 date of enactment of this Act, the Secretary shall 

15 prepare a map and legal description for the Protec16 tion Area. 

17 (2) FORCE OF LAW.—The map and legal de18 scription prepared under paragraph (1) shall have 

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

20 except that the Secretary may correct typographical 

21 errors in the map and legal description. 

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

23 description prepared under paragraph (1) shall be 

24 on file and available for public inspection in the ap25 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 Mar 15 2010 04:11 Aug 09, 2014 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5311.IH H5311

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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. 

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

22 not create a protective perimeter or buffer zone around 

23 the Protection Area. 

Æ 


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