I 
107TH CONGRESS 
2D SESSION 
H. R. 5722
To designate certain lands in Colorado as wilderness. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 13, 2002
Mr. MCINNIS introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To designate certain lands in Colorado as wilderness.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—EXPANSION OF 
CERTAIN WILDERNESS AREAS 
SEC. 101. PTARMIGAN PEAK WILDERNESS. 
Section 2(a)(18) of the Colorado Wilderness Act of 
1993 (Public Law 103–77; 16 U.S.C. 1132 note) is 
amended by inserting after ‘‘January, 1993’’ the fol-
lowing: ‘‘; the approximately 2,000 acres of land known 
as Ute Pass and the approximately 900 acres of land 
known as Acorn Creek, both located in Summit County,
Colorado, and generally depicted on the map entitled 
‘Ptarmigan Peak’, numbered ll, and dated ll.’’. 
SEC. 102. RAGGEDS WILDERNESS. 
Section 102(a)(16) of Public Law 96–560 (16 U.S.C. 
1132 note; 94 Stat. 3267) is amended by inserting after 
‘‘November 1980’’ the following: ‘‘; and the approximately 
1,500 acres of land located in Gunnison County, Colorado, 
and generally depicted on the map entitled ‘Raggeds’, 
numbered ll, and dated ll’’. 
SEC. 103. HUNTER–FRYINGPAN WILDERNESS. 
Section 2(e) of the Endangered American Wilderness 
Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 41) is amend-
ed by inserting after ‘‘Area—Proposed’’ the following: ‘‘; 
the approximately 3,000 acres of land known as North 
Independence A and the approximately 1,100 acres of land 
known as Hunter both located in Pitkin County, Colorado, 
and generally depicted on the map entitled ‘Hunter-
Fryingpan’, numbered ll, and dated ll’’. 
TITLE II—RED TABLE MOUNTAIN 
WILDERNESS 
SEC. 201. RED TABLE MOUNTAIN WILDERNESS. 
(a) RED TABLE MOUNTAIN WILDERNESS.—In fur-
therance of the purposes of the Wilderness Act, the ap-
proximately 50,000 acres of land located in Eagle County, 
Colorado, and generally depicted on the map entitled ‘‘Red
Table’’, numbered ll, and dated ll’’ are hereby des-
ignated as wilderness and therefore as a component of the 
National Wilderness Preservation System. Such compo-
nent shall be known as ‘‘Red Table Mountain Wilderness’’. 
(b) MANAGEMENT.—Subject to valid existing rights, 
land designated as wilderness by this title shall be man-
aged by the Secretary, as appropriate, in accordance with 
this title and—
(1) the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that, with respect to any wilderness 
areas designated by this title, any reference in the 
Wilderness Act to the effective date of the Wilder-
ness Act shall be deemed to be a reference to the 
date of the enactment of this title; 
(2) the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.); and 
(3) other applicable law. 
(c) WATER INFRASTRUCTURE.—Nothing in this title 
(including the provisions related to establishment or man-
agement of the Red Table Mountain Wilderness Area) 
shall affect, impede, interfere with, or diminish the oper-
ation, existence, access, maintenance, improvement, or 
construction of water facilities and infrastructure, rights-
of-way, or other water-related property, interests, and 
uses, (including the use of motorized vehicles and equip-
ment existing or located on lands within the Red Table 
Mountain Wilderness Area). 
(d) HIGH VOLTAGE TRANSMISSION ELECTRICITY 
LINES OR ELECTRICAL POWER LINES.—The Secretary 
shall allow for maintenance of rights-of-ways and access 
roads located within the Red Table Mountain Wilderness 
Area to the extent necessary to operate a transmission line 
or electrical power line in a manner that avoids negative 
impacts on public safety and allows for compliance with 
State and/or Federal safety requirements. Such mainte-
nance may include vegetation management, road mainte-
nance, ground stabilization, and motorized vehicle access. 
(e) WITHDRAWALS.—Subject to valid existing rights, 
all Federal lands within the Red Table Mountain Wilder-
ness Area are withdrawn from—
(1) all forms of entry, appropriation, or disposal 
under the public land laws;
(2) location, entry, and patent under the mining 
laws; and 
(3) the operation of the mineral leasing, min-
eral materials, and geothermal leasing laws, and all 
amendments thereto. 
(f) AERIAL NAVIGATION TRAINING EXERCISES.—
(1) IN
GENERAL.—The Colorado Army Na-
tional Guard, through the High Altitude ARNG
Aviation Training Site, shall continue to be allowed 
to conduct aerial navigation training maneuver exer-
cises over and upon the lands within the Red Table 
Mountain Wilderness Area in a manner consistent 
with the memorandum of understanding dated Au-
gust 4, 1987, (or a subsequent memorandum of un-
derstanding entered into by all of the same parties), 
among the Colorado Army National Guard, the Bu-
reau of Land Management, and the United States 
Forest Service as interpreted and implemented prior 
to the date of the enactment of this title. 
(2) REVIEW
AND
MODIFICATION
OF
MEMO-
RANDUM OF UNDERSTANDING.—The memorandum 
of understanding referred to in paragraph (1) may 
be modified subject to the agreement of all parties 
thereto. The parties to the memorandum of under-
standing shall review the memorandum and associ-
ated annual operating plan not later than 180 days 
after the date of the enactment of this title, and an-
nually thereafter while the memorandum of under-
standing is in effect. The review shall include consid-
eration of alternative locations over National Forest 
System lands and lands administered by the Bureau 
of Land Management outside of the Red Table 
Mountain Wilderness Area for the conduct of activi-
ties identified in the memorandum. If the Colorado 
Army National Guard identifies such an alternate lo-
cation outside of the Red Table Mountain Wilder-
ness Area that meets its aerial training needs, the 
memorandum of understanding shall be modified ac-
cordingly, subject to the agreement of all parties 
thereto. 
(g) HUNTING AND FISHING.—Nothing in this title 
shall affect the authority of the Colorado Division of Wild-
life to regulate hunting or fishing in the Red Table Moun-
tain Wilderness Area. 
(h) GRAZING.—
(1) IN GENERAL.—Except as provided by para-
graph (2), the Secretary shall issue and administer 
any grazing leases or permits in the Red Table 
Mountain Wilderness Area in accordance with the 
same laws (including regulations) and Executive or-
ders followed by the Secretary in issuing and admin-
istering grazing leases and permits on other land 
under the jurisdiction of the Forest Service. 
(2) GRAZING IN WILDERNESS AREA.—Grazing 
of livestock in the Red Table Mountain Wilderness 
Area on lands that are under the jurisdiction of the 
Forest Service shall be administered in accordance 
with the provisions of section 4(d)(4) of the Wilder-
(2) The lands designated as wilderness by this 
title includes several water resource facilities which 
provide for important water storage and trans-
mission of water for the benefit of private owners of 
decreed water rights and the Town of Gypsum. 
(3) It is possible to provide for proper manage-
ment and protection of the wilderness and other val-
ues of such lands in ways different from those used 
in other legislation designating as wilderness lands 
not sharing the attributes of the lands designated as 
wilderness by this title. 
(b) STATUTORY CONSTRUCTION.—
(1) Nothing in this title shall constitute or be 
construed to constitute either an express or implied 
reservation of any water or water rights with respect 
to the land designated as wilderness by this title.
(2) Nothing in this title shall affect any condi-
tional or absolute water rights in the State of Colo-
rado existing on the date of the enactment of this 
title. 
(3) Nothing in this subsection shall be con-
strued as establishing a precedent with regard to 
any future wilderness designations. 
(4) Nothing in this title shall be construed as 
limiting, altering, modifying, or amending any of the
interstate compacts or equitable apportionment de-
crees that apportion water among and between the 
State of Colorado and other States. 
(c) PROHIBITION AGAINST INSTREAM FLOW PERMIT 
CONDITIONS.—The Secretary shall not, as a condition of 
permit renewal for existing facilities on National Forest 
System lands, impose bypass or other minimum instream 
flow requirements within or upstream of the Red Table 
Mountain Wilderness Area. 
SEC. 203. MAPS AND LEGAL DESCRIPTIONS. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this title, the Secretary shall sub-
mit to Congress a copy of the maps referred to in section 
201 and legal descriptions of the land designated as wil-
derness by this title. The Secretary shall reflect, as nec-
essary, the boundaries referred to in subsection (e) on the 
maps and legal descriptions submitted under this sub-
section. 
(b) FORCE AND EFFECT.—The maps and legal de-
scriptions shall have the same force and effect as if in-
cluded in this title, except that the Secretary may correct 
clerical and typographical errors in the Map and the legal 
descriptions.
(c) PUBLIC AVAILABILITY.—Copies of the maps and 
the legal descriptions shall be on file and available for pub-
lic inspection in—
(1) the office of the Chief of the Forest Service; 
and 
(2) the office of the White River National For-
est in Glenwood Springs, Colorado. 
(d) MAP CONTROLLING.—In the case of a discrep-
ancy between the maps and the legal descriptions, the 
maps shall control. 
(e) AREAS NOT INCLUDED IN RED TABLE MOUN-
TAIN WILDERNESS.—Notwithstanding the Map, or any 
other provision of this title, the following areas shall not 
be included in the Red Table Mountain Wilderness Area: 
(1) Any FAA site, parking area, or appurtenant 
access roads, power lines, facility or equipment, in-
cluding an area 25 yards surrounding any such site, 
facility, area, or equipment. 
(2) The Town of Gypsum’s Mosher intake facil-
ity, and any pipes or related facilities, including an 
area at least 200 linear feet upstream of the present 
facilities and 25 yards surrounding the facility and 
any related pipes or facilities. 
(3) The LEDE Ditch and Pipeline, and an ac-
cess road for the LEDE Reservoir, including an area
25 yards surrounding any such ditch, pipeline or 
road. 
(4) The Eye Lake Reservoir and Eye Lake 
Supply Ditch, any related facilities in existence now 
or developed in the future designed to develop de-
creed water rights, including an area 25 yards sur-
rounding any such reservoir, ditch or facilities, un-
less the White River National Forest and the Town 
of Gypsum certify to the Chairman and Ranking 
Member of the House Resources Committee and the 
Senate Energy and Natural Resources Committee 
that the decreed diversion points for the above de-
creed water rights have been moved to the LEDE 
Reservoir, and any necessary permits or actions have 
been taken, thereby removing the need to utilize the 
Eye Lake Reservoir and Eye Lake Ditch. 
(5) Red Creek Road (FDR 425), Red Table 
Road (FDR 514), Muckey Lake Road (FDR 
425.1B), and Antones Creek Road (FKR 457), in-
cluding an area 10 yards to either side of the roads. 
(6) FDR 464, FDR 433, and FDR 431, includ-
ing an area 10 yards to either side of the roads. 
(7) White Creek Trail (FDT 1862), Sundell 
Trail (FDT 1863), Sourdough Lake Trail (FDT 
1863.1A), Muckey Lake Trail (FDT 1863.2B),
Mount Thomas Trail (FDT 1870), Antones Trail 
(FDT 1871), and Antones Lakes Trail (FDT 
1871.1C), including an area 10 yards to either side 
of the trails.
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