I 
115TH CONGRESS 
2D SESSION 
H. R. 6492 
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 
JULY 24, 2018 
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; DEFINITION. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Colorado Wilderness Act of 2018’’. 
(b) SECRETARY DEFINED.—As used in this Act, the 
term ‘‘Secretary’’ means the Secretary of the Interior or 
the Secretary of Agriculture, as appropriate. 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
SEC. 2. ADDITIONS TO NATIONAL WILDERNESS PRESERVA-
TION SYSTEM IN THE STATE OF COLORADO. 
(a) ADDITIONS.—Section 2(a) of the Colorado Wil-
derness Act of 1993 (Public Law 103–77; 107 Stat. 756; 
16 U.S.C. 1132 note) is amended— 
(1) by adding at the end the following para-
graphs: 
‘‘(22) Certain lands managed by the Colorado 
River Valley Field Office of the Bureau of Land 
Management, which comprise approximately 20,171 
acres, as generally depicted on a map titled ‘Bull 
Gulch and Castle Peak Proposed Wilderness’, dated 
June 15, 2018, which shall be known as the Bull 
Gulch Wilderness. 
‘‘(23) Certain lands managed by the Colorado 
River Valley Field Office of the Bureau of Land 
Management, which comprise approximately 16,230 
acres, as generally depicted on a map titled ‘Bull 
Gulch and Castle Peak Proposed Wilderness Areas’, 
dated June 15, 2018, which shall be known as the 
Castle Peak Wilderness. 
‘‘(24) Certain lands managed by the Colorado 
River Valley Field Office of the Bureau of Land 
Management, which comprise approximately 312 
acres, as generally depicted on a map titled ‘Maroon 
Bells Addition Proposed Wilderness’, dated June 15, 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
tion, which comprise approximately 6,846 acres, as gen-
erally depicted on a map titled ‘‘West Elk Addition Pro-
posed Wilderness’’, dated June 15, 2018, are hereby des-
ignated as wilderness and, therefore, as components of the 
National Wilderness Preservation System and are hereby 
incorporated in and shall be deemed to be a part of the 
West Elk Wilderness designated by Public Law 88–577. 
The boundary adjacent to Blue Mesa Reservoir shall be 
50 feet landward from the water’s edge, and shall change 
according to the water level. 
(d) BLUE MESA RESERVOIR.—If the Bureau of Rec-
lamation determines that lands within the West Elk Wil-
derness Addition are necessary for future expansion of the 
Blue Mesa Reservoir, the Secretary shall by publication 
of a revised boundary description in the Federal Register 
revise the boundary of the West Elk Wilderness Addition. 
(e) MAPS AND DESCRIPTIONS.—As soon as prac-
ticable after the date of enactment of the Act, the Sec-
retary shall file a map and a boundary description of 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 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
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. 
(f) STATE AND PRIVATE LANDS.—Lands within the 
exterior boundaries of any wilderness area designated 
under this section that are owned by a private entity or 
by the State of Colorado, including lands administered by 
the Colorado State Land Board, shall be included within 
such wilderness 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, 
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. 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
(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) BUFFER ZONES.— 
(1) IN GENERAL.—Nothing in this Act creates 
a protective perimeter or buffer zone around any 
area designated as wilderness by section 2. 
(2) ACTIVITIES
OUTSIDE
WILDERNESS.—The 
fact that an activity or use on land outside the areas 
designated as wilderness by section 2 can be seen or 
heard within the wilderness shall not preclude the 
activity or use outside the boundary of the wilder-
ness. 
(e) MILITARY HELICOPTER OVERFLIGHTS.— 
(1) IN GENERAL.—Nothing in this Act restricts 
or precludes— 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
(A) low-level overflights of military heli-
copters over the areas designated as wilderness 
by section 2, including military overflights that 
can be seen or heard within any wilderness 
area; 
(B) military flight testing and evaluation; 
or 
(C) the designation or creation of new 
units of special use airspace, or the establish-
ment of military flight training routes over any 
wilderness area. 
(2) AERIAL
NAVIGATION
TRAINING
EXER-
CISES.—The 
Colorado 
Army 
National 
Guard, 
through the High-Altitude Army National Guard 
Aviation Training Site, may conduct aerial naviga-
tion training maneuver exercises over the wilderness 
areas designated by this Act— 
(A) in a manner consistent with the memo-
randum of understanding dated August 4, 
1987, entered into among the Colorado Army 
National Guard, the Bureau of Land Manage-
ment, and the Forest Service; or 
(B) in a manner consistent with a subse-
quent memorandum of understanding entered 
into among the Colorado Army National Guard, 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
the Bureau of Land Management, and the For-
est Service. 
(f) RUNNING EVENTS.—The Secretary may continue 
to authorize competitive running events currently per-
mitted in the Redcloud Peak Wilderness Area and 
Handies Peak Wilderness Area in a manner compatible 
with the preservation of such areas as wilderness. 
(g) LAND TRADES.—If the Secretary trades privately 
owned land within the perimeter of the Redcloud Peak 
Wilderness Area or the Handies Peak Wilderness Area in 
exchange for Federal land, then such Federal land shall 
be located in Hinsdale County, Colorado. 
(h) 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 20,742 acres, as generally de-
picted on a map titled ‘‘Deep Creek Proposed 
Wilderness’’ and dated is June 15, 2018, which, 
upon designation as wilderness under para-
graph (2), shall be known as the Deep Creek 
Wilderness. 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
(B) Certain lands managed by the Glen-
wood Springs Field Office, which comprise ap-
proximately 14,538 acres, as generally depicted 
on a map titled ‘‘Pisgah Mountain Proposed 
Wilderness’’ and dated June 15, 2018, which, 
upon designation as wilderness under para-
graph (2), shall be known as the Pisgah Moun-
tain Wilderness. 
(2) DESIGNATION
AS
WILDERNESS.—Lands 
designated as a potential wilderness area by sub-
paragraph (A) or (B) of paragraph (1) shall be des-
ignated as wilderness on the date on which the Sec-
retary publishes in the Federal Register a notice 
that all nonconforming uses of those lands author-
ized by subsection (e) in the potential wilderness 
area that would be in violation of the Wilderness Act 
(16 U.S.C. 1131 et seq.) have ceased. Such publica-
tion in the Federal Register and designation as wil-
derness shall occur for the potential wilderness area 
as the nonconforming uses cease in that potential 
wilderness area and designation as wilderness is not 
dependent on cessation of nonconforming uses in the 
other potential wilderness area. 
(3) MANAGEMENT.—Except for activities pro-
vided for under subsection (e), lands designated as 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
(1) PURPOSE.—The purpose of this subsection 
is to protect for the benefit and enjoyment of 
present and future generations— 
(A) the unique and nationally important 
values of areas designated as wilderness by sec-
tion 2(b) (including the geological, cultural, ar-
chaeological, paleontological, natural, scientific, 
recreational, environmental, biological, wilder-
ness, wildlife, riparian, historical, educational, 
and scenic resources of the public land); and 
(B) the water resources of area streams, 
based on seasonally available flows, that are 
necessary to support aquatic, riparian, and ter-
restrial species and communities. 
(2) WILDERNESS WATER RIGHTS.— 
(A) IN GENERAL.—The Secretary shall en-
sure that any water rights within the wilderness 
designated by section 2(b) required to fulfill the 
purposes of such wilderness are secured in ac-
cordance with subparagraphs (B) through (G). 
(B) STATE LAW.— 
(i) PROCEDURAL
REQUIREMENTS.— 
Any water rights for which the Secretary 
pursues adjudication shall be appropriated, 
adjudicated, changed, and administered in 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
accordance with the procedural require-
ments and priority system of State law. 
(ii) 
ESTABLISHMENT
OF
WATER 
RIGHTS.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), the purposes 
and other substantive characteristics 
of the water rights pursued under this 
paragraph shall be established in ac-
cordance with State law. 
(II) EXCEPTION.—Notwithstand-
ing subclause (I) and in accordance 
with this Act, the Secretary may ap-
propriate and seek adjudication of 
water rights to maintain surface water 
levels and stream flows on and across 
the wilderness designated by section 
2(b) to fulfill the purposes of such 
wilderness. 
(C) 
DEADLINE.—The 
Secretary 
shall 
promptly, but not earlier than January 1, 2021, 
appropriate the water rights required to fulfill 
the purposes of the wilderness designated by 
section 2(b). 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
(D) 
REQUIRED
DETERMINATION.—The 
Secretary shall not pursue adjudication for any 
instream flow water rights unless the Secretary 
makes a determination pursuant to subpara-
graph (E)(ii) or (F). 
(E) COOPERATIVE ENFORCEMENT.— 
(i) IN GENERAL.—The Secretary shall 
not pursue adjudication of any Federal 
instream flow water rights established 
under this paragraph if— 
(I) the Secretary determines, 
upon adjudication of the water rights 
by the Colorado Water Conservation 
Board, that the Board holds water 
rights sufficient in priority, amount, 
and timing to fulfill the purposes of 
this subsection; and 
(II) the Secretary has entered 
into a perpetual agreement with the 
Colorado Water Conservation Board 
to ensure full exercise, protection, and 
enforcement of the State water rights 
within the Wilderness to reliably fulfill 
the purposes of this subsection. 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
(ii) ADJUDICATION.—If the Secretary 
determines that the provisions of clause (i) 
have not been met, the Secretary shall ad-
judicate and exercise any Federal water 
rights required to fulfill the purposes of 
the Wilderness in accordance with this 
paragraph. 
(F) INSUFFICIENT WATER RIGHTS.—If the 
Colorado Water Conservation Board modifies 
the instream flow water rights obtained under 
subparagraph (E) to such a degree that the 
Secretary determines that water rights held by 
the State are insufficient to fulfill the purposes 
of this Act, the Secretary shall adjudicate and 
exercise Federal water rights required to fulfill 
the purposes of this Act in accordance with sub-
paragraph (B). 
(G) FAILURE TO COMPLY.—The Secretary 
shall promptly act to exercise and enforce the 
water rights described in subparagraph (E) if 
the Secretary determines that— 
(i) the State is not exercising its 
water rights consistent with subparagraph 
(E)(i)(I); or 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
(ii) the agreement described in sub-
paragraph (E)(i)(II) is not fulfilled or com-
plied with sufficiently to fulfill the pur-
poses of this Act. 
(3) WATER
RESOURCE
FACILITY.—Notwith-
standing any other provision of law, beginning on 
the date of enactment of this Act, neither the Presi-
dent nor any other officer, employee, or agent of the 
United States shall fund, assist, authorize, or issue 
a license or permit for development of any new irri-
gation and pumping facility, reservoir, water con-
servation work, aqueduct, canal, ditch, pipeline, well, 
hydropower project, transmission, other ancillary fa-
cility, or other water, diversion, storage, or carriage 
structure in the wilderness designated by section 
2(b). 
(c) ACCESS AND OPERATION.— 
(1) DEFINITION.—As used in this subsection, 
the term ‘‘water resource facility’’ means irrigation 
and pumping facilities, reservoirs, water conserva-
tion works, aqueducts, canals, ditches, pipelines, 
wells, hydropower projects, and transmission and 
other ancillary facilities, and other water diversion, 
storage, and carriage structures. 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS
(2) ACCESS
TO
WATER
RESOURCE
FACILI-
TIES.—Subject to the provisions of this subsection, 
the Secretary shall allow reasonable access to water 
resource facilities in existence on the date of enact-
ment of this Act within the areas described in sec-
tions 2(b) and 2(c), including motorized access 
where necessary and customarily employed on routes 
existing as of the date of enactment of this Act. 
(3) ACCESS
ROUTES.—Existing access routes 
within such areas customarily employed as of the 
date of enactment of this Act may be used, main-
tained, repaired, and replaced to the extent nec-
essary to maintain their present function, design, 
and serviceable operation, so long as such activities 
have no increased adverse impacts on the resources 
and values of the areas described in sections 2(b) 
and 2(c) than existed as of the date of enactment of 
this Act. 
(4) USE OF WATER RESOURCE FACILITIES.— 
Subject to the provisions of this subsection and sub-
section (a)(4), the Secretary shall allow water re-
source facilities existing on the date of enactment of 
this Act within areas described in sections 2(b) and 
2(c) to be used, operated, maintained, repaired, and 
replaced to the extent necessary for the continued 
VerDate Sep 11 2014 
23:14 Aug 03, 2018
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
daltland on DSKBBV9HB2PROD with BILLS