I 
111TH CONGRESS 
1ST SESSION H. R. 4289 
To designate certain lands in the State of Colorado as components of the 
National Wilderness Preservation System, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 11, 2009 
Ms. DEGETTE 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 com-
ponents of the National Wilderness Preservation System, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND DEFINITION. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Colorado Wilderness Act of 2009’’. 
(b) SECRETARY DEFINED.—As used in this Act, the 
term ‘‘Secretary’’ means the Secretary of the Interior or 
the Secretary of Agriculture, as appropriate. 
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SEC. 2. ADDITIONS TO NATIONAL WILDERNESS PRESERVA-
TION SYSTEM IN THE STATE OF COLORADO. 
(a) ADDITIONS.—The following lands in the State of 
Colorado administered by the Bureau of Land Manage-
ment or the United States Forest Service are hereby des-
ignated as wilderness and, therefore, as components of the 
National Wilderness Preservation System: 
(1) The following areas managed by the Glen-
wood Springs Field Office: 
(A) Certain lands which comprise approxi-
mately 15,155 acres, as generally depicted on a 
map titled ‘‘Bull Gulch Proposed Wilderness 
Area’’, dated September 17, 2007, which shall 
be known as the Bull Gulch Wilderness. 
(B) Certain lands which comprise approxi-
mately 16,263 acres, as generally depicted on a 
map titled ‘‘Castle Peak Proposed Wilderness 
Area’’, dated September 17, 2007, which shall 
be known as the Castle Peak Wilderness. 
(C) Certain lands which comprise approxi-
mately 316 acres, as generally depicted on a 
map titled ‘‘Maroon Bells Snowmass Proposed 
Wilderness Area’’, dated September 17, 2007, 
which shall be known as the Maroon Bells Wil-
derness. 
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(D) Certain lands which comprise approxi-
mately 11,701 acres, as generally depicted on a 
map titled ‘‘Grand Hogback Proposed Wilder-
ness Area’’, dated September 17, 2007, which 
shall be known as the Grand Hogback Wilder-
ness. 
(2) The following areas managed by the Glen-
wood Springs Field Office or located in the White 
River National Forest: 
(A) Certain lands which comprise approxi-
mately 16,427 acres, as generally depicted on a 
map titled ‘‘Flat Tops Addition Proposed Wil-
derness Area’’, dated September 17, 2007, and 
which are hereby incorporated in and shall be 
deemed to be a part of the Flat Tops Wilder-
ness designated by Public Law 94–146. 
(B) Certain lands which comprise approxi-
mately 25,285 acres, as generally depicted on a 
map titled ‘‘Thompson Creek Proposed Wilder-
ness Area’’, dated September 17, 2007, which 
shall be known as the Thompson Creek Wilder-
ness. 
(3) The following areas managed by the Grand 
Junction Field Office: 
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(A) Certain lands which comprise approxi-
mately 21,110 acres, as generally depicted on a 
map titled ‘‘Bangs Canyon Proposed Wilderness 
Area’’, dated September 17, 2007, which shall 
be known as the Bangs Canyon Wilderness. 
(B) Certain lands which comprise approxi-
mately 25,881 acres, as generally depicted on a 
map titled ‘‘Demaree Canyon Proposed Wilder-
ness Area’’, dated September 17, 2007, which 
shall be known as the Demaree Canyon Wilder-
ness. 
(C) Certain lands which comprise approxi-
mately 14,089 acres, as generally depicted on a 
map titled ‘‘Granite Creek Proposed Wilderness 
Area’’, dated September 17, 2007, which shall 
be known as the Granite Creek Wilderness. 
(D) Certain lands which comprise approxi-
mately 30,557 acres, as generally depicted on a 
map titled ‘‘Little Bookcliffs Proposed Wilder-
ness Area’’, dated September 17, 2007, which 
shall be known as the Little Bookcliffs Wilder-
ness. 
(E) Certain lands which comprise approxi-
mately 26,914 acres, as generally depicted on a 
map titled ‘‘The Palisade Proposed Wilderness 
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Area’’, dated September 17, 2007, which shall 
be known as the Palisade Wilderness. 
(F) Certain lands which comprise approxi-
mately 27,569 acres, as generally depicted on a 
map titled ‘‘South Shale Ridge Proposed Wil-
derness Area’’, dated September 17, 2007, 
which shall be known as the South Shale Ridge 
Wilderness. 
(4) Certain lands managed by the Grand Junc-
tion Field Office or located in the Uncompahgre Na-
tional Forest, which comprise approximately 39,392 
acres, as generally depicted on a map titled 
‘‘Unaweep Proposed Wilderness Area’’, dated Sep-
tember 17, 2007, which shall be known as the 
Unaweep Wilderness. 
(5) Certain lands managed by the Grand Junc-
tion Field Office and San Juan Field Office and in 
the Manti-LaSal National Forest which comprise ap-
proximately 65,448 acres, as generally depicted on a 
map titled ‘‘Sewemup Mesa Proposed Wilderness 
Area’’, dated September 17, 2007, which shall be 
known as the Sewemup Mesa Wilderness. 
(6) The following areas managed by Gunnison 
Field Office: 
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(A) Certain lands which comprise approxi-
mately 3,306 acres, as generally depicted on a 
map titled ‘‘Powderhorn Additions Proposed 
Wilderness Area’’, dated September 17, 2007, 
and which are hereby incorporated in and shall 
be deemed to be a part of the Powderhorn Wil-
derness designated by Public Law 103–77. 
(B) Certain lands which comprise approxi-
mately 38,594 acres, as generally depicted on a 
map titled ‘‘Redcloud Peak Proposed Wilder-
ness Area’’, dated September 17, 2007, which 
shall be known as the Redcloud Peak Wilder-
ness. 
(C) Certain lands which comprise approxi-
mately 6,878 acres, as generally depicted on a 
map titled ‘‘West Elk Addition Proposed Wil-
derness Area’’, dated September 17, 2007, and 
which are hereby incorporated in and shall be 
deemed to be a part of the West Elk Wilderness 
designated by Public Law 88–577. 
(7) Certain lands managed by the Gunnison 
Field Office or located in the Gunnison National 
Forest and Rio Grande National Forest which com-
prise approximately 72,397 acres, as generally de-
picted on a map titled ‘‘Handies Peak Proposed Wil-
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derness Area’’, dated September 17, 2007, which 
shall be known as the Handies Peak Wilderness. 
(8) Certain lands managed by the Kremmling 
Field Office which comprise approximately 33 acres, 
as generally depicted on a map titled ‘‘Platte River 
Addition Proposed Wilderness Area’’, dated Sep-
tember 17, 2007, and which are hereby incorporated 
in and shall be deemed to be part of the Platte River 
Wilderness designated by Public Law 98–550. 
(9) The following areas managed by the 
Uncompahgre Field Office or located in the 
Uncompahgre National Forest: 
(A) Certain lands which comprise approxi-
mately 22,604 acres, as generally depicted on a 
map titled ‘‘Roubideau Proposed Wilderness 
Area’’, dated September 17, 2007, which shall 
be known as the Roubideau Wilderness. 
(B) Certain lands which comprise approxi-
mately 13,288 acres, as generally depicted on a 
map titled ‘‘Norwood Canyon Proposed Wilder-
ness Area’’, dated September 17, 2007, which 
shall be known as the Norwood Canyon Wilder-
ness. 
(10) The following areas managed by the San 
Juan Field Office: 
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each area designated as wilderness by this section with 
the Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate. Each map and boundary descrip-
tion shall have the same force and effect as if included 
in this Act, except that the Secretary may correct clerical 
and typographical errors in the map or boundary descrip-
tion. The maps and boundary descriptions shall be on file 
and available for public inspection in the Office of the Di-
rector of the Bureau of Land Management, Department 
of the Interior, and in the Office of the Chief of the Forest 
Service, Department of Agriculture, as appropriate. 
(c) STATE AND PRIVATE LANDS.—Lands within the 
exterior boundaries of any wilderness area designated 
under this section that are owned by the State of Colorado 
or by a private entity shall be included within such wilder-
ness area if such lands are acquired by the United States. 
Such lands may be acquired by the United States only 
as provided in the Wilderness Act (16 U.S.C. 1131 et 
seq.). 
SEC. 3. ADMINISTRATIVE PROVISIONS. 
(a) IN GENERAL.—Subject to valid existing rights, 
lands designated as wilderness by this Act shall be man-
aged by the Secretary in accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.) and this Act, except that, 
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with respect to any wilderness areas designated by this 
Act, any reference in the Wilderness Act to the effective 
date of the Wilderness Act shall be deemed to be a ref-
erence to the date of enactment of this Act. 
(b) GRAZING.—Grazing of livestock in wilderness 
areas designated by this Act shall be administered in ac-
cordance with the provisions of section 4(d)(4) of the Wil-
derness Act (16 U.S.C. 1133(d)(4)), as further inter-
preted by section 108 of Public Law 96–560, and the 
guidelines set forth in Appendix A of House Report 101– 
405 of the 101st Congress. 
(c) STATE JURISDICTION.—As provided in section 
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 
nothing in this Act shall be construed as affecting the ju-
risdiction or responsibilities of the State of Colorado with 
respect to wildlife and fish in Colorado. 
(d) WATER.— 
(1) IN GENERAL.—With respect to each wilder-
ness and potential wilderness area designated by this 
Act, the Secretary shall obtain and exercise any 
water rights required to fulfill the purposes of the 
wilderness in accordance with the following provi-
sions: 
(A) Such water rights shall be appro-
priated, adjudicated, changed, and administered 
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pursuant to the procedural requirements and 
priority system of the laws of the State of Colo-
rado. 
(B) The purposes and other substantive 
characteristics of such water rights shall be es-
tablished pursuant to State law, except that the 
Secretary is specifically authorized to appro-
priate water under this Act exclusively for the 
purpose of maintaining groundwater levels, sur-
face water levels, and streamflows on, across, 
and under the wilderness in order to accomplish 
the purposes of the wilderness and to protect 
wilderness uses. 
(C) Such water rights shall be established 
and used without interfering with any exercise 
of a water right in existence on the date of the 
enactment of this Act for a non-Federal pur-
pose. 
(2) PROTECTING RIGHTS.—The Secretary and 
all other officers of the United States shall take 
steps necessary to protect the rights established 
under paragraph (1), including the filing by the Sec-
retary of a claim for the quantification of such 
rights in any present or future appropriate stream 
adjudication in the courts of the State of Colorado 
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in which the United States is or may be joined and 
which is conducted in accordance with section 208 of 
the Department of Justice Appropriation Act, 1953 
(43 U.S.C. 666; commonly known as the McCarran 
Amendment). 
(3) RELINQUISHMENT OR REDUCTION.—Noth-
ing in this Act shall be construed as a relinquish-
ment or reduction of any water rights reserved or 
appropriated by the United States in the State of 
Colorado on or before the date of the enactment of 
this Act. 
(4) WATER RESOURCE FACILITY.—With respect 
to each wilderness and potential wilderness area des-
ignated by this Act, notwithstanding any other pro-
vision of law, on and after the date of the enactment 
of this Act, neither the President nor any other offi-
cer, employee, or agent of the United States shall 
fund, assist, authorize, or issue a license or permit 
for development of any new irrigation and pumping 
facility, reservoir, water conservation work, aque-
duct, canal, ditch, pipeline, well, hydropower project, 
transmission, other ancillary facility, or other water 
diversion, storage, or carriage structure. 
(e) AERIAL NAVIGATION TRAINING EXERCISES.— 
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(1) IN
GENERAL.—The Colorado Army Na-
tional Guard, through the High-Altitude Army Na-
tional Guard Aviation Training Site, may conduct 
aerial navigation training maneuver exercises over 
and upon the lands designated as potential wilder-
ness by this Act in a manner— 
(A) consistent with the memorandum of 
understanding dated August 4, 1987, among 
the Colorado Army National Guard, the Bureau 
of Land Management, and the Forest Service; 
and 
(B) minimizing the impact to wilderness 
character, natural features, and a visitor’s sense 
of solitude. 
(2) REVIEW OF THE MEMORANDUM OF UNDER-
STANDING.—The parties to the memorandum of un-
derstanding referred to in paragraph (1)(A) shall re-
view the memorandum and associated annual oper-
ating plan not later than 180 days after the date of 
the enactment of this Act, and annually thereafter 
so long as the Colorado Army National Guard con-
ducts activity described in paragraph (1). The review 
shall include consideration of alternative locations 
for activities identified in the memorandum of un-
derstanding. Such alternative locations must be over 
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and upon National Forest System lands and lands 
administered by the Bureau of Land Management, 
other than lands designated as wilderness or as po-
tential wilderness. 
(3) MODIFICATION OF THE MEMORANDUM OF 
UNDERSTANDING.—The memorandum of under-
standing referred to in paragraph (1)(A) may be 
modified, subject to the agreement of all parties 
thereto, if the Colorado Army National Guard, in 
consultation with the Bureau of Land Management 
and the Forest Service, identifies an alternative loca-
tion as described in paragraph (2) that meets its 
aerial training needs. 
(f) POTENTIAL WILDERNESS DESIGNATIONS.— 
(1) IN GENERAL.—The following lands are des-
ignated as potential wilderness areas: 
(A) Certain lands managed by the Glen-
wood Springs Field Office or located in the 
White River National Forest which comprise 
approximately 20,843 acres, as generally de-
picted on a map titled ‘‘Deep Creek Proposed 
Wilderness Area’’, dated September 17, 2007, 
which shall be known as the Deep Creek Wil-
derness. 
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(B) Certain lands managed by the Glen-
wood Springs Field Office which comprise ap-
proximately 15,679 acres, as generally depicted 
on a map titled ‘‘Pisgah Mountain Proposed 
Wilderness Area’’, dated September 17, 2007, 
which shall be known as the Pisgah Mountain 
Wilderness. 
(2) DESIGNATION AS WILDERNESS.—Lands de-
scribed in paragraph (1) shall be designated as wil-
derness upon the Secretary publishing in the Federal 
Register a notice that all nonconforming uses of 
those lands provided for under subsection (e) that 
would be prohibited in wilderness by the Wilderness 
Act have ceased. Such publication in the Federal 
Register by the Secretary and subsequent designa-
tion as wilderness shall occur as the nonconforming 
use ceases in any of the individual areas identified 
and shall not be dependent on cessation of the non-
conforming uses in all the potential wilderness areas 
identified. 
(3) MANAGEMENT.—Except for activities pro-
vided for under subsection (e), lands described in 
paragraph (1) shall be managed by the Secretary in 
accordance with the Wilderness Act as wilderness 
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until those lands are designated as wilderness under 
this subsection. 
Æ 
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