Overview
Title
To provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado, and for other purposes.
ELI5 AI
H.R. 1728 wants to make special areas in Colorado where people can enjoy nature and fun activities like hiking and camping, while also protecting the plants and animals there. It also talks about using some rules to stop any waste of natural gas, but it's not clear how much it will cost to do everything they plan.
Summary AI
H.R. 1728 proposes the creation and management of wilderness, recreation, and conservation areas in Colorado, enhancing protection for natural resources while permitting certain land uses like grazing and hunting. It focuses on four main areas: the Continental Divide, San Juan Mountains, Thompson Divide, and Curecanti National Recreation Area, introducing measures to maintain and protect these areas' ecological and scenic values. The bill also outlines the management of fugitive methane emissions for environmental and economic benefits and emphasizes coordination with state and local entities for effectively managing natural resources. These efforts are aimed at preserving these areas for future generations while balancing environmental protection with recreational and economic activities.
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Bill Statistics
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AnalysisAI
The bill titled "To provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado, and for other purposes" is a comprehensive legislative proposal aimed at expanding and protecting various natural and recreational areas within Colorado. It seeks to officially designate new wilderness areas, modify existing national forest boundaries, establish wildlife conservation areas, and create new management frameworks for these lands.
General Summary of the Bill
This legislative effort primarily focuses on the conservation of Colorado's natural landscapes. Key provisions include the expansion of wilderness areas within the White River National Forest, the establishment of the Curecanti National Recreation Area, and the promotion of environmental sustainability within the Thompson Divide area. The bill also outlines specific management plans, aiming to balance conservation efforts with permissible recreational and agricultural activities.
Summary of Significant Issues
Several issues within the bill could pose challenges or implications for both policymakers and the public. A notable concern is the complexity of the legal text, which extensively references other regulations and existing laws. This can make it difficult for citizens and stakeholders to fully understand the scope and impact of the bill without access to additional documents and maps.
The potential broad discretion conferred upon the Secretary of Agriculture in managing Wildlife Conservation Areas could lead to inconsistent implementation, especially regarding decisions on permissible activities like grazing and recreational use. Moreover, the bill does not provide specific financial estimates for implementing provisions such as boundary modifications or the administrative costs involved, which could result in unforeseen expenditures.
The provision concerning the issuance of credits in exchange for relinquishing leases in the Thompson Divide lacks a specified limit, opening the door to potential financial overspending. Finally, the absence of public consultation processes and detailed criteria for certain actions, such as the release of wilderness study areas, highlights a need for more clearly defined guidelines to ensure transparency and adherence to procedural standards.
Impact on the Public and Stakeholders
Impact on the Public Broadly:
The bill's emphasis on conservation indicates a strong commitment to protecting Colorado's natural environment, which could have significant positive effects on ecosystems and biodiversity. Preserving wilderness areas may also enhance recreational opportunities for outdoor enthusiasts, contributing to tourism and enhancing local economies.
However, the complexity of the bill's language and its reliance on other regulations could limit public understanding and engagement. The general public might find it challenging to ascertain how specific provisions could affect their access to and use of these natural resources.
Impact on Specific Stakeholders:
For environmental groups, this bill reinforces conservation efforts by expanding protection within vulnerable ecosystems. They are likely to see these measures as crucial steps toward long-term sustainability. On the other hand, stakeholders involved in mining or other resource extraction industries might view the restrictions imposed by the bill as limiting their access to potential development areas, impacting economic opportunities.
Local communities and industries reliant on grazing or agriculture may be supportive of the bill's provisions that maintain existing grazing rights, but they might harbor concerns over any future restrictions that could emerge from the administrative discretion given to federal agencies.
In conclusion, while the bill presents a clear framework for conservation and recreation management within Colorado, addressing the highlighted issues could ensure its smooth implementation and broader public support by clarifying complex provisions and providing transparency regarding financial implications.
Financial Assessment
The bill under consideration, H.R. 1728, introduces several initiatives impacting wilderness, recreation, and conservation in the State of Colorado. Financial references within the bill are integral to understanding the potential fiscal implications, yet specific financial allocations or detailed cost analyses are notably sparse.
Financial Implications
Issuance of Credits in Exchange for Lease Relinquishment
A central financial mechanism in H.R. 1728 is the provision allowing the Secretary of the Interior to issue credits in exchange for the relinquishment of oil and gas leases in the Thompson Divide area. These credits can be applied to bids, royalties, or rental payments due under any Federal oil or gas lease on Federal land in Colorado. However, the bill does not specify a maximum limit for these credits, introducing potential risks of excessive spending by the Federal Government. This absence of a cap might result in substantial financial outlays if credits exceed anticipated budgetary constraints or if there is widespread participation by leaseholders.
Lack of Financial Estimates and Potential Hidden Costs
Another financial consideration regards boundary modifications to the White River National Forest and other designated areas. The bill does not provide a financial estimate for implementing these boundary modifications, leaving stakeholders in the dark about potential administrative and management expenses associated with these changes. This absence raises concerns about unplanned or hidden expenditures that could affect both local economies and federal budget allocations as new boundaries might necessitate increased resources for effective management.
Related Issues and Concerns
Ambiguities and Inconsistencies
The bill's reliance on complex legal language and regulatory cross-references may obscure the full financial implications, leading to reduced transparency and accessibility for the general public. For instance, terms such as "valid existing rights" lack clarity, which can lead to disputes about financial responsibilities or compensation connected to land or resource access. Furthermore, the absence of specific funding mechanisms or detailed financial planning might complicate the effective execution of the bill's objectives, particularly if unforeseen expenses arise.
Undefined Funding Requirements and Accountability
There is also no explicit mention of how required funds will be sourced to support actions identified in the bill, such as land surveys, the creation of wildlife conservation areas, or the development of infrastructure and management plans. This undefined funding framework contributes to uncertainties about the bill's financial sustainability and accountability, potentially impacting its long-term success.
Conclusion
While the bill outlines ambitious plans for land conservation and management in Colorado, its financial references are vague or absent in critical areas. This lack of specificity introduces potential risks related to budget overruns and financial accountability, thus necessitating a more comprehensive financial analysis and clearer funding strategies to ensure successful implementation and public transparency.
Issues
The term 'covered area' depends on provisions from section 102(a) of the Colorado Wilderness Act of 1993. Without specific details, it is difficult for the general public and stakeholders to understand the implications or location of these areas fully. This uncertainty necessitates cross-referencing other documents (Sec. 101).
The potential broad discretion given to the Secretary in managing various Wildlife Conservation Areas and Special Management Areas risks inconsistent implementation or exploitation, particularly related to permissible activities and the balance between conservation and grazing (Sec. 104, 105, 106, 203).
The provision for the release of wilderness study areas lacks criteria or public consultation processes, which raises concerns about environmental protection and adherence to procedural standards. It might result in misunderstandings about the intention and ultimate goal of the release (Sec. 204, 2408).
There is no financial estimate for implementing the boundary modifications to the White River National Forest, such as costs related to administrative actions or future land management, which raises concerns about potential unplanned or hidden expenditures (Sec. 108).
The section allowing for the issuance of credits in exchange for relinquishment does not specify a maximum limit, potentially leading to excessive spending if not carefully regulated (Sec. 304).
Complex legal language and references throughout the bill, including for regulatory cross-references, may lead to reduced transparency and accessibility, making it difficult for the general public and non-experts to understand the bill's full scope and implications (Multiple Sections).
The term 'valid existing rights,' used in several sections, lacks clarity and definition, potentially leading to disputes or conflicts regarding rights and access to resources or lands (Sec. 301, 306).
The Thompson Divide Withdrawal and Protection Area's exact boundaries and acreage are yet to be determined through surveys, opening the door to possible disputes or ambiguities until official surveys are conducted (Sec. 303).
The reliance on maps and documents for defining wildlife and management areas necessitates access to these maps for stakeholders to fully understand the proposed changes, which is not facilitated in the legislative text provided (Multiple Sections, e.g., Sec. 105, 203, 303).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The "Colorado Outdoor Recreation and Economy Act" introduces the short title of the Act and a detailed table of contents. The table outlines various sections covering topics like wilderness definitions and additions, wildlife conservation areas, and national park boundary adjustments within Colorado.
2. Definition of State Read Opens in new tab
Summary AI
In this section, the term “State” specifically refers to the State of Colorado.
101. Definitions Read Opens in new tab
Summary AI
In this section, several terms are defined: "covered area" refers to regions designated as wilderness by a specific part of the Colorado Wilderness Act; "Secretary" refers to the Secretary of Agriculture; and "Wildlife Conservation Area" includes the Porcupine Gulch, Williams Fork Mountains, and Spraddle Creek areas as designated in the bill.
102. Colorado Wilderness additions Read Opens in new tab
Summary AI
The section of the bill expands wilderness areas in Colorado, adding lands to the White River National Forest and naming new areas like the Hoosier Ridge Wilderness and Tenmile Wilderness. It also outlines management practices for these areas, focusing on fire, insect control, and livestock grazing, while ensuring coordination with state and local agencies for environmental protection.
103. Williams Fork Mountains potential wilderness Read Opens in new tab
Summary AI
The text designates roughly 8,036 acres of federal land in the White River National Forest as a potential wilderness area, with specific rules for management, including decisions on livestock grazing that must be made within certain timeframes. Livestock use may require range improvements, which can use mechanized technology, and the land will gain official wilderness status when these improvements are complete or livestock use is not permitted.
104. Porcupine Gulch Wildlife Conservation Area Read Opens in new tab
Summary AI
The Porcupine Gulch Wildlife Conservation Area, spanning about 8,287 acres in the White River National Forest, is established to protect wildlife migration paths and conserve the area’s natural resources. The Secretary of the Interior is tasked with managing this area in alignment with conservation goals, ensuring that any allowed activities, like certain recreation and transportation projects, do not violate these objectives, and exceptions are made for emergencies or necessary environmental management actions.
105. Williams Fork Mountains Wildlife Conservation Area Read Opens in new tab
Summary AI
The Williams Fork Mountains Wildlife Conservation Area, covering about 3,528 acres in the White River National Forest, is established to conserve and protect its natural resources, including wildlife, scenic views, and recreational areas. The area will be managed to uphold these goals, restricting motorized vehicle use to specified roads and trails, prohibiting new road construction and commercial timber projects, and allowing existing grazing policies to continue, while also permitting necessary actions to manage fires, insects, and diseases.
106. Spraddle Creek Wildlife Conservation Area Read Opens in new tab
Summary AI
The Spraddle Creek Wildlife Conservation Area, covering approximately 2,674 acres in the White River National Forest, is designated to conserve, protect, and enhance wildlife and natural resources. Managed by the Secretary, the area restricts the use of motorized vehicles, road construction, and commercial timber projects, except under specific conditions like emergencies or necessary environmental management, while ensuring compliance with relevant laws and regulations.
107. Sandy Treat Overlook Read Opens in new tab
Summary AI
The law designates the location beside United States Route 24 at the given coordinates within the Camp Hale-Continental Divide National Monument as the "Sandy Treat Overlook."
108. White River National Forest boundary modification Read Opens in new tab
Summary AI
The boundary of the White River National Forest is being expanded to include an additional 120 acres located in Summit County, Colorado. For land and water conservation purposes, these new boundaries will be treated as if they have been in place since January 1, 1965.
109. Rocky Mountain National Park potential wilderness boundary adjustment Read Opens in new tab
Summary AI
The section aims to allow for the maintenance and regular use of the Trail River Ranch area in Rocky Mountain National Park. It adjusts the wilderness boundary to remove approximately 15.5 acres from the "Potential Wilderness" designation, making it easier to manage and utilize these lands.
110. Administrative provisions Read Opens in new tab
Summary AI
The section outlines various administrative provisions related to areas affected by this title, including the jurisdiction over fish and wildlife, absence of buffer zones, respect for tribal rights and traditional uses, procedures for mapping and legal descriptions, land acquisition terms, withdrawal from certain laws, allowances for military overflights, and the importance of military aviation training on federal land for national security.
201. Definitions Read Opens in new tab
Summary AI
The text defines key terms used in the document. "Covered land" refers to certain lands designated as wilderness and specific special management areas. The term "Secretary" refers to the Secretary of Agriculture, and "Special Management Area" includes areas specifically named and designated in the document.
202. Additions to National Wilderness Preservation System Read Opens in new tab
Summary AI
The section amends the Colorado Wilderness Act of 1993 to include new areas into the National Wilderness Preservation System. It adds approximately 3,141 acres to the Lizard Head Wilderness, about 19,700 acres to various parts of the Mount Sneffels Wilderness, and designates approximately 8,884 acres as the McKenna Peak Wilderness.
Money References
- “(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.
203. Special management areas Read Opens in new tab
Summary AI
The section designates certain areas in the National Forests of Colorado as "Special Management Areas" to conserve and protect their natural and cultural resources. It outlines the management rules, including restrictions on road construction and motorized vehicles, while allowing certain activities like bicycling and specific events to continue, and mandates a study on safe Nordic skiing access around the Sheep Mountain area.
Money References
- (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”.
- 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”.
204. Release of wilderness study areas Read Opens in new tab
Summary AI
The section allows specific areas of the Dominguez Canyon and McKenna Peak Wilderness Study Areas that are not officially designated as wilderness to be released from the requirements of the Federal Land Policy and Management Act of 1976, meaning they will be managed according to other relevant laws instead. Congress acknowledges that these areas have been adequately evaluated for potential wilderness designation.
2408. Release Read Opens in new tab
Summary AI
Congress has determined that parts of the Dominguez Canyon Wilderness Study Area that are not labeled as wilderness have been fully considered for wilderness designation. This land is now exempt from the previous wilderness study regulations and will be managed according to the current laws.
205. Administrative provisions Read Opens in new tab
Summary AI
The section outlines various administrative provisions for managing covered land, including maintaining state authority over wildlife, not creating buffer zones, respecting tribal treaty rights and traditional uses, acquiring land, allowing existing livestock grazing, and permitting necessary actions to control fire, insects, and diseases. It also specifies that certain lands are withdrawn from mining and other resource extraction activities.
301. Purposes Read Opens in new tab
Summary AI
The purpose of this title is to restrict certain Federal land in the Thompson Divide area from being used for mining and other similar activities to preserve its various environmental values, and to encourage the reduction of methane emissions that contribute to air pollution.
302. Definitions Read Opens in new tab
Summary AI
The section defines key terms related to fugitive methane emissions and the Greater Thompson Divide area, including what qualifies as a "Thompson Divide lease," a "pilot program," and other important geographic and regulatory terms. It specifies locations, such as the Thompson Divide Withdrawal and Protection Area, and identifies specific Federal mineral lease numbers associated with the Wolf Creek Storage Field development right.
303. Thompson Divide Withdrawal and Protection Area Read Opens in new tab
Summary AI
The Thompson Divide Withdrawal and Protection Area is now protected from certain activities, meaning new claims cannot be made under public land or mining laws, and no new mineral or geothermal leases will be granted. Existing grazing rights remain unchanged, and official surveys will determine the exact boundaries of the protected area.
304. Thompson Divide lease credits Read Opens in new tab
Summary AI
In exchange for giving up all leases in the Thompson Divide, leaseholders can receive credits to offset costs like bids, royalties, or rentals on other federal oil and gas leases in Colorado. These credits won't cover legal fees or expenses before a lease was issued, and relinquished leases cannot be reissued. Additionally, leaseholders with development rights in the Wolf Creek Storage Field must also transfer those rights to the Secretary.
305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program Read Opens in new tab
Summary AI
The Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program is established to reduce methane emissions by capturing or destroying them, thus promoting economic development, improving air quality, and enhancing public safety. The program involves creating an inventory of methane emissions, offering leasing opportunities for emissions use or destruction, and potentially capping or eliminating unleased emissions.
306. Effect Read Opens in new tab
Summary AI
The section states that, unless specifically mentioned elsewhere in the title, nothing in the title changes existing rights related to mineral leases or property within the Thompson Divide area, affects methane capture from coal mines, or restricts access to coal mines in Delta or Gunnison County.
401. Definitions Read Opens in new tab
Summary AI
The section provides definitions of key terms used in the document: "map" refers to a specific map detailing the Curecanti National Recreation Area's proposed boundaries, "National Recreation Area" indicates the Curecanti National Recreation Area created by another section, and "Secretary" refers to the Secretary of the Interior.
402. Curecanti National Recreation Area Read Opens in new tab
Summary AI
The section establishes the Curecanti National Recreation Area as part of the National Park System, covering about 50,300 acres in the state, and outlines how the area will be managed by the National Park Service. It provides guidelines for managing land, water, and recreational activities, retains certain rights for the Bureau of Reclamation, allows for agreements with state and local authorities, and supports traditional tribal uses while protecting existing water rights and fish and wildlife programs.
403. Acquisition of land; boundary management Read Opens in new tab
Summary AI
The section outlines how the Secretary can acquire land within the National Recreation Area through donation, purchase, transfer, or exchange. It also describes transferring jurisdiction over certain lands between federal agencies and highlights that any new land acquired will become part of the National Recreation Area. Additionally, it proposes potential land exchanges while ensuring conservation easements safeguard the scenic quality of transferred land.
404. General management plan Read Opens in new tab
Summary AI
The Director of the National Park Service, working with the Commissioner of Reclamation, must create a general management plan for the National Recreation Area within three years after funding is provided, following specific legal guidelines.
405. Boundary survey Read Opens in new tab
Summary AI
The Secretary, through the Director of the National Park Service, is required to conduct a boundary survey and create a legal description of the National Recreation Area.