[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1634 Reported in Senate (RS)]
<DOC>
Calendar No. 524
118th CONGRESS
2d Session
S. 1634
[Report No. 118-231]
To provide for the designation of certain wilderness areas, recreation
management areas, and conservation areas in the State of Colorado, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2023
Mr. Bennet (for himself and Mr. Hickenlooper) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
September 24, 2024
Reported by Mr. Manchin, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To provide for the designation of certain wilderness areas, recreation
management areas, and conservation areas in the State of Colorado, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Colorado Outdoor
Recreation and Economy Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of State.
TITLE I--CONTINENTAL DIVIDE
Sec. 101. Definitions.
Sec. 102. Colorado Wilderness additions.
Sec. 103. Williams Fork Mountains potential wilderness.
Sec. 104. Porcupine Gulch Wildlife Conservation Area.
Sec. 105. Williams Fork Mountains Wildlife Conservation Area.
Sec. 106. Spraddle Creek Wildlife Conservation Area.
Sec. 107. Sandy Treat Overlook.
Sec. 108. White River National Forest boundary modification.
Sec. 109. Rocky Mountain National Park potential wilderness boundary
adjustment.
Sec. 110. Administrative provisions.
TITLE II--SAN JUAN MOUNTAINS
Sec. 201. Definitions.
Sec. 202. Additions to National Wilderness Preservation System.
Sec. 203. Special management areas.
Sec. 204. Release of wilderness study areas.
Sec. 205. Administrative provisions.
TITLE III--THOMPSON DIVIDE
Sec. 301. Purposes.
Sec. 302. Definitions.
Sec. 303. Thompson Divide Withdrawal and Protection Area.
Sec. 304. Thompson Divide lease credits.
Sec. 305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 306. Effect.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
Sec. 401. Definitions.
Sec. 402. Curecanti National Recreation Area.
Sec. 403. Acquisition of land; boundary management.
Sec. 404. General management plan.
Sec. 405. Boundary survey.
SEC. 2. DEFINITION OF STATE.
In this Act, the term ``State'' means the State of Colorado.
TITLE I--CONTINENTAL DIVIDE
SEC. 101. DEFINITIONS.
In this title:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 102(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 104(a);
(B) the Williams Fork Mountains Wildlife
Conservation Area designated by section 105(a); and
(C) the Spraddle Creek Wildlife Conservation Area
designated by section 106(a).
SEC. 102. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act of
1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated June 24, 2019,
which shall be incorporated into, and managed as part of, the
Holy Cross Wilderness designated by section 102(a)(5) of Public
Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 5,235 acres, as generally depicted as `Proposed
Hoosier Ridge Wilderness' on the map entitled `Tenmile
Proposal' and dated April 22, 2022 May 1, 2023, which shall be
known as the `Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately 7,624
acres, as generally depicted as `Proposed Tenmile Wilderness'
on the map entitled `Tenmile Proposal' and dated May 1, 2023,
which shall be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 7,634 acres, as generally depicted as `Proposed
Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek
Wilderness Addition' on the map entitled `Eagles Nest
Wilderness Additions Proposal' and dated April 26, 2022, which
shall be incorporated into, and managed as part of, the Eagles
Nest Wilderness designated by Public Law 94-352 (90 Stat.
870).''.
(b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this Act for purposes of
administering a covered area.
(c) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may
carry out any activity in a covered area that the Secretary determines
to be necessary for the control of fire, insects, and diseases, subject
to such terms and conditions as the Secretary determines to be
appropriate.
(d) Grazing.--The grazing of livestock on a covered area, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(e) Coordination.--For purposes of administering the Federal land
designated as wilderness by paragraph (26) of section 2(a) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77) (as added by subsection (a)(2)), the Secretary shall, as determined
to be appropriate for the protection of watersheds, coordinate the
activities of the Secretary in response to fires and flooding events
with interested State and local agencies.
SEC. 103. WILLIAMS FORK MOUNTAINS POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River
National Forest in the State, comprising approximately 8,036 acres, as
generally depicted as ``Proposed Williams Fork Mountains Wilderness''
on the map entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and except as
provided in subsection (d), the potential wilderness area designated by
subsection (a) shall be managed in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with applicable laws
(including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock grazing
or other use by livestock on the vacant allotments known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that livestock
grazing or other use in accordance with applicable laws
(including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use motorized or mechanized
transport or equipment for purposes of constructing or
rehabilitating such range improvements as are necessary to
obtain appropriate livestock management objectives (including
habitat and watershed restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180
days after the date of enactment this Act; and
(B) on the earliest of--
(i) the date on which the Secretary
publishes in the Federal Register a notice that
the construction or rehabilitation of range
improvements under subsection (d) is complete;
(ii) the date described in subsection
(d)(2); and
(iii) the effective date of a determination
of the Secretary not to authorize livestock
grazing or other use by livestock under
subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Mountains Wilderness
in accordance with the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77), except that any reference
in that Act to the effective date of that Act shall be
considered to be a reference to the date on which the Williams
Fork Mountains Wilderness is designated in accordance with
paragraph (1).
SEC. 104. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the White River
National Forest, as generally depicted as ``Proposed Porcupine Gulch
Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch
Wildlife Conservation Area Proposal'' and dated June 24, 2019, are
designated as the ``Porcupine Gulch Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Recreation.--The Secretary may permit such
recreational activities in the Wildlife Conservation
Area that the Secretary determines are consistent with
the purposes described in subsection (b).
(C) Motorized vehicles and mechanized transport;
new or temporary roads.--
(i) Motorized vehicles and mechanized
transport.--Except as provided in clause (iii),
the use of motorized vehicles and mechanized
transport in the Wildlife Conservation Area
shall be prohibited.
(ii) New or temporary roads.--Except as
provided in clause (iii) and subsection (e), no
new or temporary road shall be constructed
within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads
or permitting the use of motorized
vehicles or mechanized transport to
carry out pre- or post-fire watershed
protection projects;
(III) authorizing the use of
motorized vehicles or mechanized
transport to carry out activities
described in subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Regional Transportation Projects.--Nothing in this section or
section 110(f) precludes the Secretary from authorizing, in accordance
with applicable laws (including regulations) and subject to valid
existing rights, the use of the subsurface of the Wildlife Conservation
Area to construct, realign, operate, or maintain regional
transportation projects, including Interstate 70 and the Eisenhower-
Johnson Tunnels.
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 105. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Williams Fork
Mountains Wildlife Conservation Area'' on the map entitled ``Williams
Fork Mountains Proposal'' and dated June 24, 2019, are designated as
the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the Wildlife
Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in
clause (iii), the use of motorized vehicles in
the Wildlife Conservation Area shall be limited
to designated roads and trails.
(ii) New or temporary roads.--Except as
provided in clause (iii), no new or temporary
road shall be constructed in the Wildlife
Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or
(ii) prevents the Secretary from--
(I) authorizing the use of
motorized vehicles for administrative
purposes;
(II) authorizing the use of
motorized vehicles to carry out
activities described in subsection (d);
or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads
and trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and
policies followed by the Secretary in issuing and
administering grazing permits or leases on land under
the jurisdiction of the Secretary shall continue to
apply with regard to the land in the Wildlife
Conservation Area, consistent with the purposes
described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 106. SPRADDLE CREEK WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 2,674 acres of Federal land in the White River National
Forest in the State, as generally depicted as ``Proposed Spraddle Creek
Wildlife Conservation Area'' on the map entitled ``Eagles Nest
Wilderness Additions Proposal'' and dated April 26, 2022, are
designated as the ``Spraddle Creek Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area are
to conserve, protect, and enhance for the benefit and enjoyment of
present and future generations the wildlife, scenic, roadless,
watershed, recreational, and ecological resources of the Wildlife
Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(ii) any other applicable laws (including
regulations); and
(iii) this title.
(2) Uses.--
(A) In general.--The Secretary shall only allow
such uses of the Wildlife Conservation Area as the
Secretary determines would further the purposes
described in subsection (b).
(B) Motorized vehicles and mechanized transport.--
Except as necessary for administrative purposes or to
respond to an emergency, the use of motorized vehicles
and mechanized transport in the Wildlife Conservation
Area shall be prohibited.
(C) Roads.--
(i) In general.--Except as provided in
clause (ii), no road shall be constructed in
the Wildlife Conservation Area.
(ii) Exceptions.--Nothing in clause (i)
prevents the Secretary from--
(I) constructing a temporary road
as the Secretary determines to be
necessary as a minimum requirement for
carrying out a vegetation management
project in the Wildlife Conservation
Area; or
(II) responding to an emergency.
(iii) Decommissioning of temporary roads.--
Not later than 3 years after the date on which
the applicable vegetation management project is
completed, the Secretary shall decommission any
temporary road constructed under clause (ii)(I)
for the applicable vegetation management
project.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no
project shall be carried out in the Wildlife
Conservation Area for the purpose of harvesting
commercial timber.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from harvesting or
selling a merchantable product that is a
byproduct of an activity authorized in the
Wildlife Conservation Area under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out any
activity, in accordance with applicable laws (including regulations),
that the Secretary determines to be necessary to manage wildland fire
and treat hazardous fuels, insects, and diseases in the Wildlife
Conservation Area, subject to such terms and conditions as the
Secretary determines to be appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to
the Wildlife Conservation Area.
SEC. 107. SANDY TREAT OVERLOOK.
The interpretive site located beside United States Route 24 within
the Camp Hale-Continental Divide National Monument, at 39.431N
106.323W, is designated as the ``Sandy Treat Overlook''.
SEC. 108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National Forest is
modified to include the approximately 120 acres comprised of the SW\1/
4\, the SE\1/4\, and the NE\1/4\ of the SE\1/4\ of sec. 1, T. 2 S., R.
80 W., 6th Principal Meridian, in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of section
200306 of title 54, United States Code, the boundaries of the White
River National Forest, as modified by subsection (a), shall be
considered to be the boundaries of the White River National Forest as
in existence on January 1, 1965.
SEC. 109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY
ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for the
ongoing maintenance and use of portions of the Trail River Ranch and
the associated property located within Rocky Mountain National Park in
Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is
amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential
Wilderness is modified to exclude the area comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment' and
dated January 16, 2018.''.
SEC. 110. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title or an amendment made
by this title establishes a protective perimeter or buffer zone
around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 103; or
(C) a Wildlife Conservation Area.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of an area described in
paragraph (1) can be seen or heard from within the applicable
area described in paragraph (1) shall not preclude the activity
or use outside the boundary of the applicable area described in
paragraph (1).
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of an Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions that the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the areas described in subsection (b)(1)
by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of each area described in subsection (b)(1)
with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description prepared
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may--
(A) correct any typographical errors in the maps
and legal descriptions; and
(B) in consultation with the State, make minor
adjustments to the boundaries of the Porcupine Gulch
Wildlife Conservation Area designated by section 104(a)
and the Williams Fork Mountains Wildlife Conservation
Area designated by section 105(a) to account for
potential highway or multimodal transportation system
construction, safety measures, maintenance,
realignment, or widening.
(3) Public availability.--Each map and legal description
prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described in
subsection (b)(1) by donation, purchase from a willing seller,
or exchange.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area or Wildlife
Conservation Area, as applicable, in which the land or interest
in land is located.
(f) Withdrawal.--Subject to valid existing rights, the areas
described in subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(g) Military Overflights.--Nothing in this title or an amendment
made by this title restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this title or an amendment made by this title,
including military overflights that can be seen, heard, or
detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an
area described in paragraph (1); or
(B) any military flight training or transportation
over such an area.
(h) Sense of Congress.--It is the sense of Congress that military
aviation training on Federal public land in the State, including the
training conducted at the High-Altitude Army National Guard Aviation
Training Site, is critical to the national security of the United
States and the readiness of the Armed Forces.
TITLE II--SAN JUAN MOUNTAINS
SEC. 201. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs
(27) through (29) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77) (as added by section 202); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area
designated by section 203(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 203(a)(2).
SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77) (as amended by section 102(a)(2)) is amended
by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine, Black
Face and San Bernardo Additions to the Lizard Head Wilderness'
and dated September 6, 2018, which is incorporated in, and
shall be administered as part of, the Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--
Certain Federal land in the Grand Mesa, Uncompahgre,
and Gunnison National Forests comprising approximately
7,235 acres, as generally depicted on the map entitled
`Proposed Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East Special
Management Area' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of,
the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land
in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 12,465 acres, as
generally depicted on the map entitled `Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'
and dated September 6, 2018, which is incorporated in,
and shall be administered as part of, the Mount
Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and dated
September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 203. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan
National Forests in the State comprising approximately 21,663
acres, as generally depicted on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and dated September
19, 2018, is designated as the ``Sheep Mountain Special
Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area'' and dated September
6, 2018, is designated as the ``Liberty Bell East Special
Management Area''.
(b) Purpose.--The purpose of the Special Management Areas is to
conserve and protect for the benefit and enjoyment of present and
future generations the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic resources of
the Special Management Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources
and values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves
the wilderness character of the Special Management
Areas and the suitability of the Special Management
Areas for potential inclusion in the National
Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.);
(ii) this title; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal
land, to provide access for abandoned mine cleanup, and
to protect public health and safety--
(i) the use of motor vehicles, motorized
equipment, or mechanical transport (other than
as provided in paragraph (3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for recreation
and maintenance and the competitive running event
permitted since 1992) that have been authorized by
permit or license as of the date of enactment of this
Act to continue within the Special Management Areas,
subject to such terms and conditions as the Secretary
may require.
(B) Permitting.--The designation of the Special
Management Areas by subsection (a) shall not affect the
issuance of permits relating to the activities covered
under subparagraph (A) after the date of enactment of
this Act.
(C) Bicycles.--The Secretary may permit the use of
bicycles in--
(i) the portion of the Sheep Mountain
Special Management Area identified as ``Ophir
Valley Area'' on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and
dated September 19, 2018; and
(ii) the portion of the Liberty Bell East
Special Management Area identified as ``Liberty
Bell Corridor'' on the map entitled ``Proposed
Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September
6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with section 8 of
the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762),
except that, for purposes of this title--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of this
Act, or the Bowen Gulch Protection Area or the Fossil Ridge
Recreation Management Area identified in sections 5 and 6 of
this Act'', or ``the areas described in sections 2, 5, 6, and 9
of this Act'' shall be considered to be a reference to ``the
Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to ``the Colorado Outdoor
Recreation and Economy Act''.
(e) Sheep Mountain Special Management Area Nordic Ski Safety
Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
interested parties, shall complete a study on ensuring safe
access for Nordic skiing in the vicinity of the Sheep Mountain
Special Management Area, consistent with the purposes of the
Sheep Mountain Special Management Area.
(2) Requirement.--In conducting the study under paragraph
(1), the Secretary, in coordination with San Miguel County in
the State, the State Department of Transportation, and other
interested stakeholders, shall identify a range of reasonable
actions that could be taken by the Secretary to provide or
facilitate off-highway parking areas along State Highway 145 to
facilitate safe access for Nordic skiing in the vicinity of the
Sheep Mountain Special Management Area.
SEC. 204. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II
of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Dominguez Canyon Wilderness Study Area
not designated as wilderness by this subtitle have been adequately
studied for wilderness designation.
``(b) Release.--Any public land referred to in subsection (a) that
is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
``(2) shall be managed in accordance with this subtitle and
any other applicable laws.''.
(b) McKenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 202) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 202)--
(A) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
(B) shall be managed in accordance with applicable
laws.
SEC. 205. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of any Indian Tribe, including rights under the
Agreement of September 13, 1873, ratified by the Act of April
29, 1874 (18 Stat. 36, chapter 136).
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the covered land by members of Indian
Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added
by section 202) and the Special Management Areas with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct any
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or the
wilderness designated under paragraphs (27) through (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 202) by
donation, purchase from a willing seller, or exchange.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special Management
Area in which the land or interest in land is located.
(f) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered to be necessary by the Secretary with jurisdiction over the
covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of
the report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(g) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary
with jurisdiction over a wilderness area designated by paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section 202) may
carry out any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects, and
diseases, subject to such terms and conditions as the Secretary
determines to be appropriate.
(h) Withdrawal.--Subject to valid existing rights, the covered land
and the approximately 6,590 acres generally depicted on the map
entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' and dated
September 6, 2018, is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
TITLE III--THOMPSON DIVIDE
SEC. 301. PURPOSES.
The purposes of this title are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and other
disposal laws in order to protect the agricultural, ranching,
wildlife, air quality, recreation, ecological, and scenic
values of the area; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere.
SEC. 302. DEFINITIONS.
In this title:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal land or
interests in Federal land in Garfield, Gunnison, Delta, or
Pitkin County in the State, within the boundaries of the
``Fugitive Coal Mine Methane Use Pilot Program Area'', as
generally depicted on the pilot program map, that would leak or
be vented into the atmosphere from--
(A) an active or inactive coal mine subject to a
Federal coal lease; or
(B) an abandoned underground coal mine or the site
of a former coal mine--
(i) that is not subject to a Federal coal
lease; and
(ii) with respect to which the Federal
interest in land includes mineral rights to the
methane gas.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 305(a)(1).
(3) Pilot program map.--The term ``pilot program map''
means the map entitled ``Greater Thompson Divide Fugitive Coal
Mine Methane Use Pilot Program Area'' and dated April 29, 2022.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease''
means any oil or gas lease in effect on the date of
enactment of this Act within the Thompson Divide
Withdrawal and Protection Area.
(B) Exclusions.--The term ``Thompson Divide lease''
does not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage
Field development right; or
(ii) before the date of enactment of this
Act, has expired, been cancelled, or otherwise
terminated.
(6) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map'' and
dated May 15, 2023 ``Greater Thompson Divide Legislative
Boundary Area Map'' and dated September 19, 2023.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals within the area generally
depicted as the ``Thompson Divide Withdrawal and Protection
Area'' on the Thompson Divide map.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage
Field development right'' means a development right for
any of the Federal mineral leases numbered COC 0007496,
COC 0007497, COC 0007498, COC 0007499, COC 0007500, COC
0007538, COC 0008128, COC 0015373, COC 0128018, COC
0051645, and COC 0051646, as generally depicted on the
Thompson Divide map as ``Wolf Creek Storage
Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage
Field development right'' does not include any storage
right or related activity within the area described in
subparagraph (A).
SEC. 303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the Thompson
Divide Withdrawal and Protection Area is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the
Thompson Divide Withdrawal and Protection Area shall be determined by
surveys approved by the Secretary, in consultation with the Secretary
of Agriculture.
(c) Grazing.--Nothing in this title affects the administration of
grazing in the Thompson Divide Withdrawal and Protection Area.
SEC. 304. THOMPSON DIVIDE LEASE CREDITS.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder, the
Secretary may issue to the leaseholder credits for any bid, royalty, or
rental payment due under any Federal oil or gas lease on Federal land
in the State, in accordance with subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide lease
relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for
the applicable Thompson Divide leases;
(ii) the amount of any rental paid for the
applicable Thompson Divide leases as of the
date on which the leaseholder submits to the
Secretary a notice of the decision to
relinquish the applicable Thompson Divide
leases; and
(iii) the amount of any reasonable expenses
incurred by the leaseholder of the applicable
Thompson Divide leases in the preparation of
any drilling permit, sundry notice, or other
related submission in support of the
development of the applicable Thompson Divide
leases as of January 28, 2019, including any
expenses relating to the preparation of any
analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for--
(A) legal fees or related expenses for legal work
with respect to a Thompson Divide lease; or
(B) any expenses incurred before the issuance of a
Thompson Divide lease.
(c) Cancellation.--Effective on relinquishment under this section,
and without any additional action by the Secretary, a Thompson Divide
lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted in
accordance with--
(A) this title; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary shall accept
credits issued under subsection (a) in the same manner as cash
for the payments described in that subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--All amounts in the form of
credits issued under subsection (a) accepted by the Secretary
shall be considered to be amounts received for the purposes
of--
(A) section 35 of the Mineral Leasing Act (30
U.S.C. 191); and
(B) section 20 of the Geothermal Steam Act of 1970
(30 U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease under this
section, any leaseholder with a Wolf Creek Storage Field
development right shall permanently relinquish, transfer, and
otherwise convey to the Secretary, in a form acceptable to the
Secretary, all Wolf Creek Storage Field development rights of
the leaseholder.
(2) Credits.--
(A) In general.--In consideration for the transfer
of development rights under paragraph (1), the
Secretary may issue to a leaseholder described in that
paragraph credits for any reasonable expenses incurred
by the leaseholder in acquiring the Wolf Creek Storage
Field development right or in the preparation of any
drilling permit, sundry notice, or other related
submission in support of the development right as of
January 28, 2019, including any reasonable expenses
relating to the preparation of any analysis under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(B) Approval.--Any credits for a transfer of the
development rights under paragraph (1), shall be
subject to--
(i) the exclusion described in subsection
(b)(2);
(ii) the conditions described in subsection
(d); and
(iii) the approval of the Secretary.
(3) Limitation of transfer.--Development rights acquired by
the Secretary under paragraph (1)--
(A) shall be held for as long as the parent leases
in the Wolf Creek Storage Field remain in effect; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral
extraction.
SEC. 305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE PILOT
PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of
Land Management a pilot program, to be known as the ``Greater
Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to improve air quality; and
(D) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
develop a plan--
(i) to complete an inventory of fugitive
methane emissions in accordance with subsection
(b);
(ii) to provide for the leasing of fugitive
methane emissions in accordance with subsection
(c); and
(iii) to provide for the capping or
destruction of fugitive methane emissions in
accordance with subsection (d).
(B) Coordination.--In developing the plan under
this paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin
Counties in the State;
(iii) lessees of Federal coal within the
counties referred to in clause (ii);
(iv) interested institutions of higher
education in the State; and
(v) interested members of the public.
(b) Fugitive Methane Emissions Inventory.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--
(A) Collaboration.--The Secretary may conduct the
inventory under paragraph (1) through, or in
collaboration with--
(i) the Bureau of Land Management;
(ii) the United States Geological Survey;
(iii) the Environmental Protection Agency;
(iv) the United States Forest Service;
(v) State departments or agencies;
(vi) Garfield, Gunnison, Delta, or Pitkin
County in the State;
(vii) the Garfield County Federal Mineral
Lease District;
(viii) institutions of higher education in
the State;
(ix) lessees of Federal coal within a
county referred to in subparagraph (F);
(x) the National Oceanic and Atmospheric
Administration;
(xi) the National Center for Atmospheric
Research; or
(xii) other interested entities, including
members of the public.
(B) Federal split estate.--
(i) In general.--In conducting the
inventory under paragraph (1) for Federal
minerals on split estate land, the Secretary
shall rely on available data.
(ii) Limitation.--Nothing in this section
requires or authorizes the Secretary to enter
or access private land to conduct the inventory
under paragraph (1).
(3) Contents.--The inventory conducted under paragraph (1)
shall include--
(A) the general location and geographic coordinates
of vents, seeps, or other sources producing significant
fugitive methane emissions;
(B) an estimate of the volume and concentration of
fugitive methane emissions from each source of
significant fugitive methane emissions, including
details of measurements taken and the basis for that
emissions estimate;
(C) relevant data and other information available
from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health
Administration;
(iii) the Colorado Department of Natural
Resources;
(iv) the Colorado Public Utility
Commission;
(v) the Colorado Department of Health and
Environment; and
(vi) the Office of Surface Mining
Reclamation and Enforcement; and
(D) such other information as may be useful in
advancing the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall, as
appropriate, provide opportunities for public
participation in the conduct of the inventory under
paragraph (1).
(B) Availability.--The Secretary shall make the
inventory conducted under paragraph (1) publicly
available.
(C) Disclosure.--Nothing in this subsection
requires the Secretary to publicly release information
that--
(i) poses a threat to public safety;
(ii) is confidential business information;
or
(iii) is otherwise protected from public
disclosure.
(5) Impact on coal mines subject to lease.--
(A) In general.--For the purposes of conducting the
inventory under paragraph (1), for land subject to a
Federal coal lease, the Secretary shall use readily
available methane emissions data.
(B) Effect.--Nothing in this section requires the
holder of a Federal coal lease to report additional
data or information to the Secretary.
(6) Use.--The Secretary shall use the inventory conducted
under paragraph (1) in carrying out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane
emissions under subsection (d).
(c) Fugitive Methane Emissions Leasing Program and Sequestration.--
(1) In general.--Subject to valid existing rights and in
accordance with this section, not later than 1 year after the
date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the
use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to
lease.--
(A) In general.--The Secretary shall authorize the
holder of a valid existing Federal coal lease for a
mine that is producing fugitive methane emissions to
capture for use or destroy the fugitive methane
emissions.
(B) Conditions.--The authority under subparagraph
(A) shall be subject to--
(i) valid existing rights; and
(ii) such terms and conditions as the
Secretary may require.
(C) Limitations.--The program carried out under
paragraph (1) shall only include fugitive methane
emissions that can be captured for use or destroyed in
a manner that does not--
(i) endanger the safety of any coal mine
worker; or
(ii) unreasonably interfere with any
ongoing operation at a coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work
cooperatively with the holders of valid
existing Federal coal leases for mines that
produce fugitive methane emissions to
encourage--
(I) the capture of fugitive methane
emissions for beneficial use, such as
generating electrical power, producing
usable heat, transporting the methane
to market, or transforming the fugitive
methane emissions into a different
marketable material; or
(II) if the beneficial use of the
fugitive methane emissions is not
feasible, the destruction of the
fugitive methane emissions.
(ii) Guidance.--In support of cooperative
efforts with holders of valid existing Federal
coal leases to capture for use or destroy
fugitive methane emissions, not later than 1
year after the date of enactment of this Act,
the Secretary shall issue guidance to the
public for the implementation of authorities
and programs to encourage the capture for use
and destruction of fugitive methane emissions,
while minimizing impacts on natural resources
or other public interest values.
(E) Royalties.--The Secretary shall determine
whether any fugitive methane emissions used or
destroyed pursuant to this paragraph are subject to the
payment of a royalty under applicable law.
(3) Fugitive methane emissions from land not subject to a
federal coal lease.--
(A) In general.--Except as otherwise provided in
this section, notwithstanding section 303 and subject
to valid existing rights and any other applicable law,
the Secretary shall, for land not subject to a Federal
coal lease--
(i) authorize the capture for use or
destruction of fugitive methane emissions; and
(ii) make available for leasing such
fugitive methane emissions as the Secretary
determines to be in the public interest.
(B) Source.--To the extent practicable, the
Secretary shall offer for lease, individually or in
combination, each significant source of fugitive
methane emissions on land not subject to a Federal coal
lease.
(C) Bid qualifications.--A bid to lease fugitive
methane emissions under this paragraph shall specify
whether the prospective lessee intends--
(i) to capture the fugitive methane
emissions for beneficial use, such as
generating electrical power, producing usable
heat, transporting the methane to market, or
transforming the fugitive methane emissions
into a different marketable material;
(ii) to destroy the fugitive methane
emissions; or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane
emissions for beneficial use; and
(II) destroying the fugitive
methane emissions.
(D) Priority.--
(i) In general.--If there is more than 1
qualified bid for a lease under this paragraph,
the Secretary shall select the bid that the
Secretary determines is likely to most
significantly advance the public interest.
(ii) Considerations.--In determining the
public interest under clause (i), the Secretary
shall take into consideration--
(I) the overall decrease in the
fugitive methane emissions;
(II) the impacts to other natural
resource values, including wildlife,
water, and air; and
(III) other public interest values,
including scenic, economic, recreation,
and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall
develop and provide to prospective bidders a
lease form for leases issued under this
paragraph.
(ii) Due diligence.--The lease form
developed under clause (i) shall include terms
and conditions requiring the leased fugitive
methane emissions to be put to beneficial use
or destroyed by not later than 3 years after
the date of issuance of the lease.
(F) Royalty rate.--The Secretary shall develop a
minimum bid, as the Secretary determines to be
necessary, and royalty rate for leases under this
paragraph.
(d) Sequestration.--If, by not later than 4 years after the date of
completion of the inventory under subsection (b), any significant
fugitive methane emissions are not leased under subsection (c)(3), the
Secretary shall, subject to the availability of appropriations and in
accordance with applicable law, take all reasonable measures--
(1) to provide incentives for new leases under subsection
(c)(3);
(2) to cap those fugitive methane emissions at the source
in any case in which the cap will result in the long-term
sequestration of all or a significant portion of the fugitive
methane emissions; or
(3) to destroy the fugitive methane emissions, if
incentivizing leases under paragraph (1) or sequestration under
paragraph (2) is not feasible, with priority for locations that
destroy the greatest quantity of fugitive methane emissions at
the lowest cost.
(e) Report to Congress.--Not later than 4 years after the date of
enactment of this Act the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report detailing--
(1) the economic and environmental impacts of the pilot
program, including information on increased royalties and
estimates of avoided greenhouse gas emissions; and
(2) any recommendations of the Secretary on whether the
pilot program could be expanded to include--
(A) other significant sources of emissions of
fugitive methane located outside the boundaries of the
area depicted as ``Fugitive Coal Mine Methane Use Pilot
Program Area'' on the pilot program map; and
(B) the leasing of natural methane seeps under the
activities authorized pursuant to subsection (c)(3).
SEC. 306. EFFECT.
Except as expressly provided in this title, nothing in this title--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this title, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in the
State.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
SEC. 401. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485D, and dated April 25, 2022.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation Area
established by section 402(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 402. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of the date
on which the Secretary approves a request under subsection
(c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment
of this Act, there shall be established as a unit of the National Park
System the Curecanti National Recreation Area, in accordance with this
Act, consisting of approximately 50,300 acres of land in the State, as
generally depicted on the map as ``Curecanti National Recreation Area
Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this title; and
(B) the laws (including regulations) generally
applicable to units of the National Park System,
including section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code.
(2) Dam, power plant, and reservoir management and
operations.--
(A) In general.--Nothing in this title affects or
interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley
Reclamation Project under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit
of the Colorado River Storage Project under the
Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43
U.S.C. 620 et seq.); or
(iii) under the Federal Water Project
Recreation Act (16 U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain
administrative jurisdiction.--If, before the
date that is 1 year after the date of enactment
of this Act, the Commissioner of Reclamation
submits to the Secretary a request for the
Commissioner of Reclamation to retain
administrative jurisdiction over the minimum
quantity of land within the land identified on
the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'' that the
Commissioner of Reclamation identifies as
necessary for the effective operation of Bureau
of Reclamation water facilities, the Secretary
may--
(I) approve, approve with
modifications, or disapprove the
request; and
(II) if the request is approved
under subclause (I), make any
modifications to the map that are
necessary to reflect that the
Commissioner of Reclamation retains
management authority over the minimum
quantity of land required to fulfill
the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative
jurisdiction over the land identified
on the map as ``Lands withdrawn or
acquired for Bureau of Reclamation
projects'', as modified pursuant to
clause (i)(II), if applicable, shall be
transferred from the Commissioner of
Reclamation to the Director of the
National Park Service by not later than
the date that is 1 year after the date
of enactment of this Act.
(II) Access to transferred land.--
(aa) In general.--Subject
to item (bb), the Commissioner
of Reclamation shall retain
access to the land transferred
to the Director of the National
Park Service under subclause
(I) for reclamation purposes,
including for the operation,
maintenance, and expansion or
replacement of facilities.
(bb) Memorandum of
understanding.--The terms of
the access authorized under
item (aa) shall be determined
by a memorandum of
understanding entered into
between the Commissioner of
Reclamation and the Director of
the National Park Service not
later than 1 year after the
date of enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into
management agreements, or modify management agreements
in existence on the date of enactment of this Act,
relating to the authority of the Director of the
National Park Service, the Commissioner of Reclamation,
the Director of the Bureau of Land Management, or the
Chief of the Forest Service to manage Federal land
within or adjacent to the boundary of the National
Recreation Area.
(B) State land.--The Secretary may enter into
cooperative management agreements for any land
administered by the State that is within or adjacent to
the National Recreation Area, in accordance with the
cooperative management authority under section 101703
of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in
subparagraph (B), the Secretary shall allow boating,
boating-related activities, hunting, and fishing in the
National Recreation Area in accordance with applicable
Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting
through the Superintendent of the National
Recreation Area, may designate zones in which,
and establish periods during which, no boating,
hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A)
for reasons of public safety, administration,
or compliance with applicable laws.
(ii) Consultation required.--Except in the
case of an emergency, any closure proposed by
the Secretary under clause (i) shall not take
effect until after the date on which the
Superintendent of the National Recreation Area
consults with--
(I) the appropriate State agency
responsible for hunting and fishing
activities; and
(II) the Board of County
Commissioners in each county in which
the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located within the area
generally depicted as ``Conservation Opportunity Area'' on the
map entitled ``Preferred Alternative'' in the document entitled
``Report to Congress: Curecanti Special Resource Study'' and
dated June 2009, the Secretary may work in partnership with the
individual to enhance the long-term conservation of natural,
cultural, recreational, and scenic resources in and around the
National Recreation Area--
(A) by acquiring all or a portion of the private
land or interests in private land within the
Conservation Opportunity Area by purchase, exchange, or
donation, in accordance with section 403;
(B) by providing technical assistance to the
individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement
opportunities.
(6) Incorporation of acquired land and interests.--Any land
or interest in land acquired by the United States under
paragraph (5) shall--
(A) become part of the National Recreation Area;
and
(B) be managed in accordance with this title.
(7) Withdrawal.--Subject to valid existing rights, all
Federal land within the National Recreation Area, including
land acquired pursuant to this section, is withdrawn from--
(A) entry, appropriation, and disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(8) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired
under this title is subject to a State grazing
lease in effect on the date of acquisition, the
Secretary shall allow the grazing to continue
for the remainder of the term of the lease,
subject to the related terms and conditions of
user agreements, including permitted stocking
rates, grazing fee levels, access rights, and
ownership and use of range improvements.
(ii) Access.--A lessee of State land may
continue to use established routes within the
National Recreation Area to access State land
for purposes of administering the lease if the
use was permitted before the date of enactment
of this Act, subject to such terms and
conditions as the Secretary may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on
land acquired from the State or private landowners
under section 403, if grazing was established before
the date of acquisition.
(C) Private land.--On private land acquired under
section 403 for the National Recreation Area on which
authorized grazing is occurring before the date of
enactment of this Act, the Secretary, in consultation
with the lessee, may allow the continuation and renewal
of grazing on the land based on the terms of
acquisition or by agreement between the Secretary and
the lessee, subject to applicable law (including
regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing
leases, uses, and practices in effect as of the
date of enactment of this Act, the continuation
and renewal of grazing on Federal land located
within the boundary of the National Recreation
Area on which grazing is allowed before the
date of enactment of this Act, unless the
Secretary determines that grazing on the
Federal land would present unacceptable impacts
(as defined in section 1.4.7.1 of the National
Park Service document entitled ``Management
Policies 2006: The Guide to Managing the
National Park System'') to the natural,
cultural, recreational, and scenic resource
values and the character of the land within the
National Recreation Area; and
(ii) retain all authorities to manage
grazing in the National Recreation Area.
(E) Termination of leases.--Within the National
Recreation Area, the Secretary may--
(i) accept the voluntary termination of a
lease or permit for grazing; or
(ii) in the case of a lease or permit
vacated for a period of 3 or more years,
terminate the lease or permit.
(9) Water rights.--Nothing in this title--
(A) affects any use or allocation in existence on
the date of enactment of this Act of any water, water
right, or interest in water;
(B) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this Act, including any water right held
by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this Act;
(D) shall be considered to be a relinquishment or
reduction of any water right reserved or appropriated
by the United States in the State on or before the date
of enactment of this Act; or
(E) constitutes an express or implied Federal
reservation of any water or water rights with respect
to the National Recreation Area.
(10) Fishing easements.--
(A) In general.--Nothing in this title diminishes
or alters the fish and wildlife program for the
Aspinall Unit developed under section 8 of the Act of
April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (70 Stat. 110, chapter 203; 43
U.S.C. 620g), by the United States Fish and Wildlife
Service, the Bureau of Reclamation, and the Colorado
Division of Wildlife (including any successor in
interest to that division) that provides for the
acquisition of public access fishing easements as
mitigation for the Aspinall Unit (referred to in this
paragraph as the ``program'').
(B) Acquisition of fishing easements.--The
Secretary shall continue to fulfill the obligation of
the Secretary under the program to acquire 26 miles of
class 1 public fishing easements to provide to
sportsmen access for fishing within the Upper Gunnison
Basin upstream of the Aspinall Unit, subject to the
condition that no existing fishing access downstream of
the Aspinall Unit shall be counted toward the minimum
mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a
plan for fulfilling the obligation of the Secretary
described in subparagraph (B) by the date that is 10
years after the date of enactment of this Act.
(D) Reports.--Not later than each of 2 years, 5
years, and 8 years after the date of enactment of this
Act, the Secretary shall submit to Congress a report
that describes the progress made in fulfilling the
obligation of the Secretary described in subparagraph
(B).
(d) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of any Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the National Recreation Area by members of
Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other
materials.
SEC. 403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National Recreation
Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with
donated or appropriated funds;
(iii) transfer from another Federal agency;
or
(iv) exchange.
(B) State land.--Land or interests in land owned by
the State or a political subdivision of the State may
only be acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over
the approximately 2,500 acres of land identified on the
map as ``U.S. Forest Service proposed transfer to the
National Park Service'' is transferred to the
Secretary, to be administered by the Director of the
National Park Service as part of the National
Recreation Area.
(B) Boundary adjustment.--The boundary of the
Gunnison National Forest shall be adjusted to exclude
the land transferred to the Secretary under
subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 6,100 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the Bureau
of Land Management, subject to the revocation of Bureau of
Reclamation withdrawal'' shall be transferred to the Director
of the Bureau of Land Management on relinquishment of the land
by the Bureau of Reclamation and revocation by the Bureau of
Land Management of any withdrawal as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of
the land identified on the map as ``Potential exchange lands''
shall be relinquished by the Commissioner of Reclamation and
revoked by the Director of the Bureau of Land Management and
the land shall be transferred to the National Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for private
land described in section 402(c)(5)--
(i) subject to a conservation easement
remaining on the transferred land, to protect
the scenic resources of the transferred land;
and
(ii) in accordance with the laws (including
regulations) and policies governing National
Park Service land exchanges; and
(B) if not exchanged under subparagraph (A), shall
be added to, and managed as a part of, the National
Recreation Area.
(d) Addition to National Recreation Area.--Any land within the
boundary of the National Recreation Area that is acquired by the United
States shall be added to, and managed as a part of, the National
Recreation Area.
SEC. 404. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made
available to carry out this title, the Director of the National Park
Service, in consultation with the Commissioner of Reclamation, shall
prepare a general management plan for the National Recreation Area in
accordance with section 100502 of title 54, United States Code.
SEC. 405. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National Park
Service) shall prepare a boundary survey and legal description of the
National Recreation Area.
Calendar No. 524
118th CONGRESS
2d Session
S. 1634
[Report No. 118-231]
_______________________________________________________________________
A BILL
To provide for the designation of certain wilderness areas, recreation
management areas, and conservation areas in the State of Colorado, and
for other purposes.
_______________________________________________________________________
September 24, 2024
Reported with amendments