Browns Canyon Wilderness Act - Designates certain lands in the Pike and San Isabel National Forests and certain lands in the Royal Gorge Resource Area of the Bureau of Land Management in Colorado as wilderness and as a component of the National Wilderness Preservation System to be known as Browns Canyon Wilderness.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4235 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4235
To designate certain National Forest System lands in the Pike and San
Isabel National Forests and certain lands in the Royal Gorge Resource
Area of the Bureau of Land Management in the State of Colorado as
wilderness, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 4, 2005
Mr. Hefley (for himself and Mr. Beauprez) introduced the following
bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To designate certain National Forest System lands in the Pike and San
Isabel National Forests and certain lands in the Royal Gorge Resource
Area of the Bureau of Land Management in the State of Colorado as
wilderness, 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.
This Act may be cited as the ``Browns Canyon Wilderness Act''.
SEC. 2. DESIGNATION OF BROWNS CANYON WILDERNESS, PIKE AND SAN ISABEL
NATIONAL FORESTS AND ROYAL GORGE RESOURCE AREA, COLORADO.
(a) Designation.--
(1) Designation.--In furtherance of the Wilderness Act (16
U.S.C. 1131 et seq.), the following lands in the State of
Colorado are hereby designated as wilderness and as a component
of the National Wilderness Preservation System to be known as
Browns Canyon Wilderness:
(A) Certain lands in the Pike and San Isabel
National Forests, comprising approximately 12,104
acres, as generally depicted on the wilderness map.
(B) Certain lands in the Royal Gorge Resource Area,
which comprise approximately 7,921 acres, as generally
depicted on the wilderness map.
(2) Wilderness map and description.--As soon as practicable
after the date of the enactment of this Act, the Secretary of
Agriculture and the Secretary of the Interior shall file a
legal description of the wilderness area with the Committee on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate. The wilderness map
and legal description shall have the same force and effect as
if included in this Act, except that the Secretary concerned
may correct clerical and typographical errors in the wilderness
map and legal description. The wilderness map shall be on file
and available for public inspection in appropriate offices of
the Bureau of Land Management and the Forest Service.
(b) Administration of Wilderness Area.--Subject to valid existing
rights, the Secretary concerned shall manage the wilderness area in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
section. With respect to the wilderness area, 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 the enactment of this Act.
(c) Grazing.--The grazing of livestock and the maintenance of
facilities related to grazing in the wilderness areas, if established
before the date of the enactment of this Act, shall be permitted to
continue in accordance with 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 (16 U.S.C. 1133 note), and the 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).
(d) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
State of Colorado with respect to wildlife and fish in Colorado.
(e) Incorporation of Acquired Land and Interests.--Any land
acquired by the United States that is immediately adjacent to the
boundary of the wilderness area and that the Secretary concerned
determines is suitable for inclusion within the National Wilderness
Preservation System shall become part of the wilderness area.
(f) Water Rights.--
(1) Effect on water rights.--Nothing in this section shall
constitute an express or implied reservation of water for any
purpose relating to the wilderness area or affect any water
rights decreed under the laws of Colorado before the date of
the enactment of this Act, including water rights held by the
United States.
(2) Additional water rights.--If the Secretary concerned
determines that a water right is necessary for the purposes of
administering the wilderness area, such water right shall be
established in accordance with the procedural and substantive
requirements of the laws of Colorado.
(g) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the wilderness area is withdrawn from all
forms of entry, appropriation, or disposal under the public land laws,
location, entry, and patent under the mining laws, and disposition
under all laws pertaining to mineral and geothermal leasing or mineral
materials.
(h) Fire, Insect, and Disease Management Activities.--
(1) Control and prevention activities.--The Secretary
concerned may undertake such measures in the wilderness area as
are necessary for the control and prevention of fire, insects,
and diseases, in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and the report of the
Committee on Interior and Insular Affairs of the House of
Representatives to accompany H.R. 1437 of the 98th Congress (H.
Rept. 98-40).
(2) Review.--Not later than one year after the date of the
enactment of this Act, the Secretary concerned shall review
existing policies applicable to the wilderness area to ensure
that authorized approval procedures for any fire management
measures allow a timely and efficient response to fire
emergencies in the wilderness area.
(i) Buffer Zones.--Nothing in this Act shall be construed to create
or imply the creation of protective perimeters or buffer zones around
the wilderness area. Activities in or uses of non-wilderness areas that
can be seen or heard from within the wilderness area shall not be
precluded as a result of this Act.
(j) Definitions.--In this section:
(1) Secretary concerned.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
the National Forest System lands designated as
wilderness by subsection (a)(1); and
(B) the Secretary of the Interior, with respect to
the lands in the Royal Gorge Resource Area of the
Bureau of Land Management designated as wilderness by
subsection (a)(2).
(2) Wilderness area.--The term ``wilderness area'' means
the Browns Canyon Wilderness designated by subsection (a).
(3) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Browns Canyon Proposed Wilderness'' and dated
August 9, 2005.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Forests and Forest Health.
Subcommittee Hearings Held.
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