COLORADO WILDERNESS ACT OF 1993

JULY 19, 1993.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. MILLER of California, from the Committee on Natural
Resources, submitted the following

REPORT

[To accompany H.R. 631]

[Including cost estimate of the Congressional Budget Office]

The Committee on Natural Resources, to whom was referred the bill (H.R. 631) to designate certain lands in the State of Colorado as components of the National Wilderness Preservation System, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

SECTION 1. SHORT TITLE AND DEFINITIONS.

(a) SHORT TITLE.-This Act may be cited as the "Colorado Wilderness Act of 1993".

(b) DEFINITIONS. (1) As used in this Act with reference to lands in the National Forest System, the term "the Secretary" means the Secretary of Agriculture. (2) As used in this Act with respect to lands not in the National Forest System, the term "the Secretary" means the Secretary of the Interior.

SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.

(a) ADDITIONS.—The following lands in the State of Colorado are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System:

(1) Certain lands in the Gunnison Resource Area administered by the Bureau of Land Management which comprise approximately 3,390 acres, as generally depicted on a map entitled "American Flats Additions to the Big Blue Wilderness Proposal (American Flats)", dated January, 1993, and which are hereby incorporated in and shall be deemed to be a part of the wilderness area des

ignated by section 102(a)(1) of Public Law 96-560 and renamed Uncompahgre Wilderness by section 3(f) of this Act.

(2) Certain lands in the Gunnison Resource Area administered by the Bureau of Land Management which comprise approximately 815 acres, as generally depicted on a map entitled "Bill Hare Gulch and Larson Creek Additions to the Big Blue Wilderness", dated January, 1993, and which are hereby incorporated in and shall be deemed to be a part of the wilderness area designated by section 102(a)1) of Public Law 96-560 and renamed Uncompahgre Wilderness by sec tion 3(f) of this Act.

(3) Certain lands in the Pike and San Isabel National Forest which comprise approximately 43,410 acres, as generally depicted on a map entitled "Buffalo Peaks Wilderness Proposal", dated January, 1993, and which shall be known as the Buffalo Peaks Wilderness.

(4) Certain lands in the Gunnison National Forest and in the Powderhor Primitive Area administered by the Bureau of Land Management which com prise approximately 60,100 acres, as generally depicted on a map entitled "Powderhorn Wilderness Proposal", dated January, 1993, and which shall be known as the Powderhorn Wilderness.

(5) Certain lands in the Routt National Forest which comprise approximately 20,750 acres, as generally depicted on a map entitled "Davis Peak Additions to Mount Zirkel Wilderness Proposal", dated January, 1993, and which are hereby incorporated in and shall be deemed to be a part of the Mount Zirkel Wilder ness designated by Public Law 88-555, as amended by Public Law 96-560.

(6) Certain lands in the Gunnison National Forest which comprise approx mately 33,060 acres, as generally depicted on a map entitled "Fossil Ridge Widerness Proposal", dated January, 1993, and which shall be known as the Fosel Ridge Wilderness.

(7) Certain lands in the San Isabel National Forest which comprise approxmately 22,040 acres, as generally depicted on a map entitled "Greenhorn Mour tain Wilderness Proposal", dated January, 1993, and which shall be known as the Greenhorn Mountain Wilderness.

(8) Certain lands within the Pike National Forest which comprise approx mately 14,700 acres, as generally depicted on a map entitled "Lost Creek WLderness Addition Proposal", dated January, 1993, which are hereby incorporate: in and shall be deemed to be a part of the Lost Creek Wilderness designated by Public Law 96-560: Provided, That the Secretary is authorized to acquire only by donation or exchange, various mineral reservations held by the State of Colorado within the boundaries of the Lost Creek Wilderness additions des ignated by this Act.

(9) Certain lands in the Gunnison National Forests which comprise approx mately 5,500 acres, as generally depicted on a map entitled "O-Be-Joyful Addtion to the Raggeds Wilderness Proposal", dated January, 1993, and which are hereby incorporated in and shall be deemed to be a part of the Raggeds Wilderness designated by Public Law 96-560.

(10) Certain lands in the Rio Grande and San Isabel National Forests and lands in the San Luis Resource Area administered by the Bureau of Land Management which comprise approximately 226,455 acres, as generally depicted on four maps entitled "Sangre de Cristo Wilderness Proposal (North Section)", "Sangre de Cristo Wilderness Proposal (North Middle Section)", "Sangre de Cristo Wilderness Proposal (South Middle Section)", and "Sangre de Cristo Wilderness Proposal (South Section)", all dated January, 1993, and which shall be known as the Sangre de Cristo Wilderness.

(11) Certain lands in the Routt National Forest which comprise approxi mately 47,140 acres, as generally depicted on a map entitled "Service Creek Wilderness Proposal (Sarvis Creek Wilderness)", dated January, 1993, and which shall be known as the Sarvis Creek Wilderness.

(12) Certain lands in the San Juan National Forest which comprise approxi mately 31,100 acres, as generally depicted on two maps, one entitled "South San Juan Wilderness Expansion Proposal, Montezuma Peak" and the other entitled "South San Juan Wilderness Expansion Proposal, V-Rock Trail", both dated January, 1993, and which are hereby incorporated in and shall be deemed to be a part of the South San Juan Wilderness designated by Public Law 96–

560.

(13) Certain lands in the White River National Forest which comprise ap proximately 8,330 acres, as generally depicted on a map entitled "Spruce Creek Addition to the Hunter-Fryingpan Wilderness Proposal", dated January, 1993, and which are hereby incorporated in and shall be deemed to be part of the Hunter Fryingpan Wilderness designated by Public Law 95-327: Provided, That

no right, or claim of right, to the diversion and use of waters by the FryingpanArkansas Project shall be prejudiced, expanded, diminished, altered, or affected by this Act, nor shall anything in this Act be construed to expand, abate, impair, impede, limit, interfere with, or prevent the construction, operation, use, maintenance, or repair of the project facilities and diversion systems to their full extent.

(14) Certain lands in the Arapaho National Forest which comprise approximately 8,095 acres, as generally depicted on a map entitled "Byers Peak Wilderness Proposal", dated January, 1993, and which shall be known as the Byers Peak Wilderness.

(15) Certain lands in the Arapaho National Forest which comprise approximately 12,300 acres, as generally depicted on a map entitled "Vasquez Peak Wilderness Proposal", dated January, 1993, and which shall be known as the Vasquez Peak Wilderness.

(16) Certain lands in the San Juan National Forest which comprise approximately 28,740 acres, as generally depicted on a map entitled "West Needle Wilderness Proposal and Weminuche Additions", dated January, 1993, and which are hereby incorporated in and shall be deemed to be a part of the Weminuche Wilderness designated by Public Law 93-632, as amended by Public Law 96

560.

(17) Certain lands in the Rio Grande National Forest which comprise approximately 25,640 acres, as generally depicted on a map entitled "Wheeler Addition to the La Garita Wilderness Proposal", dated January, 1993, and which shall be incorporated in and shall be deemed to be a part of the La Garita Wilderness designated by Public Law 96–560.

(18) Certain lands in the Arapaho National Forest which comprise approximately 13,175 acres, as generally depicted on a map entitled "Farr Wilderness Proposal", dated January, 1993, and which shall be known as the Ptarmigan Peak Wilderness.

(19) Certain lands in the Arapaho National Forest which comprise approximately 6,990 acres, as generally depicted on a map entitled "Bowen Gulch Additions to Never Summer Wilderness Proposal", dated January, 1993, and which are hereby incorporated in and shall be deemed to be a part of the Never Summer Wilderness designated by Public Law 96-560.

(b) MAPS AND DESCRIPTIONS.-As soon as practicable after the date of enactment of this Act, the appropriate Secretary shall file a map and a boundary description of each area designated as wilderness by this Act with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Each map and description shall have the same force and effect as if included in this Act, except that the appropriate Secretary is authorized to correct clerical and typographical errors in such boundary descriptions and maps. Such maps and boundary descriptions shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture, and the Office of the Director of the Bureau of Land Management, Department of the Interior, as appropriate.

SEC. 3. ADMINISTRATIVE PROVISIONS.

(a) IN GENERAL.-(1) Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of Agriculture or the Secretary of the Interior, as appropriate, 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 reference to the date of enactment of this Act.

(2) Administrative jurisdiction over those lands designated as wilderness pursuant to paragraphs (2) and (10) of section 2(a) of this Act, and which, as of the date of enactment of this Act, are administered by the Bureau of Land Management, is hereby transferred to the Forest Service and such lands are hereby added to the appropriate National Forest.

(b) GRAZING.-Grazing of livestock in wilderness areas designated by this Act shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law 96-560, and, as regards wilderness managed by the Bureau of Land Management, 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(dX7)), nothing in this Act shall be construed as affecting the jurisdiction

or responsibilities of the State of Colorado with respect to wildlife and fish in Colorado.

(d) CONFORMING AMENDMENT.-Section 2(e) of the Endangered American Wilderness Act of 1978 (92 Stat. 41) is amended by striking "Subject to" and all that fol lows through "System.".

(e) BUFFER ZONES.-Congress does not intend that the designation by this Act of wilderness areas in the State of Colorado creates or implies the creation of protec tive perimeters or buffer zones around any wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilder

ness area.

(f) WILDERNESS NAME CHANGE.-The wilderness area designated as "Big Blue Wilderness" by section 102(a)(1) of Public Law 96-560, and the additions thereto made by paragraphs (1) and (2) of section 2(a) of this Act, shall hereafter be known as the Uncompahgre Wilderness. Any reference to the Big Blue Wilderness in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Uncompahgre Wilderness.

(g) BOUNDARIES AND AUTHORIZATIONS TO USE LANDS.-(1) For the purpose of sec tion 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.Č. 4601-91 the boundaries of affected National Forests, as modified by this section, shall be con sidered to be the boundaries of such National Forests as of January 1, 1965.

(2) Nothing in this subsection shall affect valid existing rights of any person under the authority of law.

(3) Authorizations to use lands transferred by this section which were issued priù to the date of enactment of this Act shall remain subject to the laws and regulations under which they were issued, to the extent consistent with this Act. Such author. izations shall be administered by the Secretary of Agriculture. Any renewal or ex tension of such authorizations shall be subject to the laws and regulations pertain ing to the Forest Service, Department of Agriculture, and the applicable law, including this Act. The change of administrative jurisdiction resulting from the enactment of this section shall not in itself constitute a basis for denying or approving the re newal or reissuance of any such authorization.

SEC. 4. WILDERNESS RELEASE.

(a) REPEAL OF WILDERNESS STUDY PROVISIONS.-Sections 105 and 106 of the Ad of December 22, 1980 (Public Law 96-560), are hereby repealed.

(b) INITIAL PLANS. Section 107(b)(2) of the Act of December 22, 1980 (Public Law 96-560), is amended by striking out "except those lands remaining in further pla ning upon enactment of this Act, areas listed in sections 105 and 106 of this Ar or previously congressional designated wilderness study areas,".

SEC. &. FOSSIL RIDGE RECREATION MANAGEMENT AREA.

(a) ESTABLISHMENT.-(1) In order to conserve, protect, and enhance the sœnit wildlife, recreational, and other natural resource values of the Fossil Ridge ares. there is hereby established the Fossil Ridge Recreation Management Area (heren after referred to as the "recreation management area").

(2) The recreation management area shall consist of certain lands in the Gunnis National Forest, Colorado, which comprise approximately 43,900 acres, as generally depicted as "Area A" on a map entitled "Fossil Ridge Wilderness Proposal", da January, 1993.

(b) ADMINISTRATION.-The Secretary of Agriculture shall administer the recre ation management area in accordance with this section and the laws and regu tions generally applicable to the National Forest System.

(c) WITHDRAWAL. Subject to valid existing rights, all lands within the recreation management area are hereby withdrawn from all forms of entry, appropriation r disposal under the public land laws, from location, entry, and patent under the m ing laws, and from disposition under the mineral and geothermal leasing laws, cluding all amendments thereto.

(d) TIMBER HARVESTING.-No timber harvesting shall be allowed within the rece ation management area except to the extent that would be permitted in wildernem under section 4(dX1) of the Wilderness Act for necessary control of fire, insects, and diseases, and for public safety.

(e) LIVESTOCK GRAZING.-The designation of the recreation management are shall not be construed to prohibit, or change the administration of, the grazing a livestock within the recreation management area.

(f) DEVELOPMENT.-No developed campgrounds shall be constructed within t recreation management area. After the date of enactment of this Act, no new h or trails may be constructed within the recreation management area.