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

The bill is like a big helper guide for protecting and taking care of special nature places in Colorado, making sure animals and plants are safe while also letting people enjoy the outdoors. It also tries to stop bad gases from leaking and lets people trade land to help keep nature safe, like swapping toys to make everyone happy.

Summary AI

The bill S. 1634, known as the “Colorado Outdoor Recreation and Economy Act,” aims to protect and manage certain areas in Colorado as wilderness, recreation management, or conservation areas. Notably, it proposes adding land to the National Wilderness Preservation System, creating several wildlife conservation areas in the White River National Forest, and establishing the Curecanti National Recreation Area. Additionally, it seeks to address issues related to grazing, wildland fire management, and methane emissions while preserving traditional tribal uses and ensuring current water rights remain unaffected. The bill also allows for potential land exchanges to further conservation goals.

Published

2024-09-24
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-09-24
Package ID: BILLS-118s1634rs

Bill Statistics

Size

Sections:
29
Words:
15,521
Pages:
82
Sentences:
347

Language

Nouns: 4,922
Verbs: 952
Adjectives: 695
Adverbs: 109
Numbers: 656
Entities: 867

Complexity

Average Token Length:
4.30
Average Sentence Length:
44.73
Token Entropy:
5.51
Readability (ARI):
24.62

AnalysisAI

The bill, titled Colorado Outdoor Recreation and Economy Act, proposes the designation of wilderness areas, recreation management areas, and conservation areas within the State of Colorado. Specifically, it seeks to protect certain lands by adding them to the National Wilderness Preservation System, implementing protective measures for wildlife conservation areas, and establishing the Curecanti National Recreation Area. Additionally, it introduces a pilot program for capturing methane emissions from coal mines and outlines a framework for the management of these lands, including adjustments to existing boundaries of national forests and parks.

Summary of Significant Issues

Several key issues arise from the provisions outlined in the bill. One significant concern is the lack of clarity around funding sources for various initiatives, such as the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program. Without specified budgets, there are concerns about potential excessive or unspecified spending. Moreover, other sections provide significant discretionary powers to the Secretary of Agriculture or the Interior, particularly in determining permissible activities and exceptions within protected areas. This could lead to bias or favoritism, especially in areas like motor vehicle use or grazing policies.

The language employed in some sections is technical and complex, with heavy reliance on external laws and acts. This could make it difficult for the general public to fully comprehend the bill's implications, as it requires cross-referencing multiple legal documents. The potential ambiguity in phrases like "adequately studied for wilderness designation" may cause inconsistent interpretations and questions about the transparency and thoroughness of decision-making processes.

Impact on the Public

Broader Public Impact:

For the general public, this bill could introduce both benefits and challenges. The proposed environmental protections aim to preserve natural resources, which could foster enhanced biodiversity, recreation opportunities, and long-term ecological health. However, the lack of clearly defined funding for these projects could result in allocation challenges or inefficiencies that the public might ultimately bear through taxes or other means.

Furthermore, ambiguous legal terms and references could leave the public struggling to understand the full scope and impact of the bill, possibly diminishing community engagement and oversight.

Stakeholder-Specific Impact:

Environmental Groups: The bill's efforts to designate wilderness and conservation areas align with the interests of conservationists and environmental organizations. These groups might benefit from the preservation of ecosystems and the prevention of resource exploitation.

Local Communities and Landowners: Individuals living near these newly designated areas may experience changes in land management practices affecting local economic activities, such as grazing and mining. The bill's provisions could lead to greater restrictions, impacting local livelihoods.

Industry and Leaseholders: Those holding leases in areas such as the Thompson Divide might be negatively impacted by stricter regulations and the withdrawal of the land from certain activities. However, the credit system for relinquishing leases could offer compensation, although this system might be subject to scrutiny due to its potential for exploitation.

In conclusion, while the bill introduces vital measures for environmental preservation and sustainable land use, it raises concerns over funding clarity, potential for bias in administrative decisions, and general accessibility for the public and stakeholders. Careful consideration and transparent communication will be essential for addressing these challenges and ensuring the bill's success in safeguarding Colorado's natural resources.

Financial Assessment

This bill, known as the “Colorado Outdoor Recreation and Economy Act,” involves several sections where financial implications and references are mentioned, influencing various issues and provisions within the legislation.

Financial References and Allocations

1. Thompson Divide Lease Credits:

A significant financial aspect arises in Section 304, where the bill proposes the issuance of credits for leaseholders who relinquish their leases in the Thompson Divide area. These credits can be used for payments due under other Federal oil or gas leases within Colorado. The credits' value is determined by summing up the bonus bids, certain rental payments, and reasonable expenses related to lease development, subject to the Secretary of the Interior's approval. This mechanism introduces concerns regarding the potential for wasteful spending and unfair benefits to leaseholders. The bill specifies the inclusion of "reasonable expenses" but leaves ambiguity in defining these, potentially leading to discretionary allocations that could benefit certain leaseholders disproportionately.

2. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program:

In Section 305, the bill establishes a pilot program aimed at addressing fugitive methane emissions, for which no explicit funding is outlined. The lack of a defined budget could lead to worries about unspecified and potentially excessive spending. The program's success hinges on proper financial support, yet the bill omits how resources will be allocated, who will oversee expenditures, and how financial accountability will be maintained.

Relation to Identified Issues

Unclear Financial Limits and Accountability:

The bill contains provisions that might result in ambiguous or opaque spending. For instance, the use of the term "reasonable expenses" in Section 304 without clear guidance may lead to variable interpretations of what expenses are justifiable. This flexibility could lead to inconsistencies in financial oversight, with potential benefits accruing inequitably among leaseholders.

Potential for Favoritism and Bias:

Discretionary powers granted to the Secretary concerning the issuance of credits and permissions in wildlife conservation areas (Sections 104, 105) could breed favoritism or bias in financial decision-making. Without stringent oversight mechanisms, decisions related to motorized vehicle use or grazing may be swayed by subjective judgments rather than objective criteria, raising concerns about fair use of public funds and resources.

Public Understanding and Transparency:

The lack of transparency and detailed explanations regarding financial transactions, such as how land exchanges will be financially managed or how lease credits will affect the overall budget, compromises public understanding and fosters suspicions about hidden agendas. By not clearly outlining financial specifics, stakeholders, including the general public, may find it challenging to assess the financial prudence of these legislative measures.

In conclusion, the bill suggests financial mechanisms and incentives that could have considerable implications for public spending and resource management. However, the vagueness surrounding financial transparency and accountability could potentially result in the misallocation of funds and diminished trust in the bill's execution. Addressing these issues with clearer financial frameworks and defined accountability measures would enhance the potential benefits of the legislation.

Issues

  • The lack of budget or funding sources for the implementation of the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program could lead to concerns about unspecified and potentially excessive spending. (Section 305)

  • The provision allowing the Secretary to issue credits for relinquished Thompson Divide leases could result in wasteful spending or unfair benefits to leaseholders due to unclear limits on credit value and ambiguous terms such as 'reasonable expenses.' (Section 304)

  • The subjective nature of phrases like 'adequately studied for wilderness designation' in the release of Wilderness Study Areas might lead to differing interpretations and raise concerns about transparency and thoroughness of the decision-making process. (Sections 204, 2408)

  • The discretionary power given to the Secretary in determining permissible uses for Wildlife Conservation Areas, such as the use of motorized vehicles or exceptions to road construction, may result in potential bias, favoritism, or environmental concerns. (Sections 104, 105)

  • The lack of specified oversight or accountability mechanisms for discretionary decisions made by the Secretary in various sections, such as motorized vehicle use or grazing policies, raises concerns about the potential for inconsistent application or misuse. (Sections 104, 105, 106)

  • Modifying land boundaries without providing context or justifications may lead to public confusion or suspicions of favoritism or hidden agendas, particularly with changes like those in the Rocky Mountain National Park and White River National Forest. (Sections 108, 109)

  • The complexity of legal language and the reliance on external laws or acts without summaries may result in difficulty for the general public and stakeholders to understand implications or legal obligations, reducing accessibility and transparency. (Multiple Sections)

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 is divided into several titles, each with sections detailing specific allocations and management provisions. This Act includes measures for designating wilderness areas, managing wildlife conservation areas, and adjusting boundaries in Colorado's national parks and forests. It also addresses the withdrawal of the Thompson Divide from certain activities, land acquisition for recreation areas, and management plans.

2. Definition of State Read Opens in new tab

Summary AI

In this section, the term “State” refers specifically to the State of Colorado.

101. Definitions Read Opens in new tab

Summary AI

The section provides definitions for terms used in the title, including "covered area," which refers to areas designated as wilderness under the Colorado Wilderness Act amendments, "Secretary," meaning the Secretary of Agriculture, and "Wildlife Conservation Area," which encompasses specific areas designated by sections 104(a), 105(a), and 106(a).

102. Colorado Wilderness additions Read Opens in new tab

Summary AI

The bill section proposes to add certain areas of federal land within the White River National Forest as protected wilderness areas, including expansions to the Ptarmigan Peak, Holy Cross, and Eagles Nest Wildernesses, and the creation of new wilderness areas like Hoosier Ridge and Tenmile. It allows existing livestock grazing to continue, enables necessary actions to control fire, insects, and diseases, and calls for coordination with state and local agencies for managing fires and floods.

103. Williams Fork Mountains potential wilderness Read Opens in new tab

Summary AI

This section proposes designating about 8,036 acres in the White River National Forest as the "Williams Fork Mountains potential wilderness," with specific rules for managing livestock grazing and range improvements, and outlines conditions for eventually declaring it as the "Williams Fork Mountains Wilderness."

104. Porcupine Gulch Wildlife Conservation Area Read Opens in new tab

Summary AI

The Porcupine Gulch Wildlife Conservation Area is designated to protect and enhance approximately 8,287 acres in the White River National Forest for wildlife conservation, particularly a migration corridor over Interstate 70. The Secretary is tasked with managing the area in line with conservation purposes, limiting motorized and commercial activities, but allowing certain administrative, fire, and transportation activities as exceptions.

105. Williams Fork Mountains Wildlife Conservation Area Read Opens in new tab

Summary AI

The section designates around 3,528 acres in the White River National Forest as the "Williams Fork Mountains Wildlife Conservation Area" to conserve and enhance its natural resources. It allows limited uses of motor vehicles and bicycles, restricts commercial timber harvesting, allows grazing under existing laws, and permits actions necessary for managing wildfires, pests, and diseases while following applicable laws.

106. Spraddle Creek Wildlife Conservation Area Read Opens in new tab

Summary AI

The Spraddle Creek Wildlife Conservation Area is a designated area in the White River National Forest meant to protect and enhance its natural resources for future generations. The area is managed with restrictions on motorized vehicles, road construction, and timber harvesting, allowing these activities only if necessary for emergencies or specific conservation projects.

107. Sandy Treat Overlook Read Opens in new tab

Summary AI

The interpretive site next to United States Route 24 in the Camp Hale-Continental Divide National Monument, at the coordinates 39.431N 106.323W, is officially named 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 about 120 acres in Summit County, Colorado. For financial purposes related to land and water conservation, these new boundaries will be treated as though they were established in 1965.

109. Rocky Mountain National Park potential wilderness boundary adjustment Read Opens in new tab

Summary AI

The section adjusts the boundary of the potential wilderness area in Rocky Mountain National Park by removing about 15.5 acres of land, allowing for ongoing maintenance and use of the Trail River Ranch property in the park. This change is officially documented on a specific map dated January 16, 2018.

110. Administrative provisions Read Opens in new tab

Summary AI

The administrative provisions section of this bill outlines that this title does not alter state jurisdiction over fish and wildlife, does not create buffer zones around certain protected areas, and respects tribal treaty rights and traditional uses. Additionally, it mandates the creation and availability of maps and legal descriptions, allows for land acquisition within designated areas, restricts certain land uses and mineral rights, permits military overflights, and underscores the importance of military training on federal land for national security.

201. Definitions Read Opens in new tab

Summary AI

The section defines key terms used in the bill, including "covered land" as land designated as wilderness by certain parts of the Colorado Wilderness Act of 1993 and a Special Management Area. It also clarifies that the "Secretary" refers to the Secretary of Agriculture and describes what qualifies as a Special Management Area.

202. Additions to National Wilderness Preservation System Read Opens in new tab

Summary AI

The section amends the Colorado Wilderness Act of 1993 to add several areas to the National Wilderness Preservation System. These include approximately 3,141 acres to the Lizard Head Wilderness, 7,235 acres (Liberty Bell and Last Dollar Additions) and 12,465 acres (Whitehouse Additions) to the Mount Sneffels Wilderness, and 8,884 acres for the McKenna Peak Wilderness in Colorado.

Money References

  • “(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 specific areas in Colorado's national forests as Special Management Areas to protect their natural and cultural resources. It outlines how these areas will be managed, including prohibiting permanent roads and restricting motorized vehicle use, while allowing certain existing activities and bicycle use in designated parts, and calls for a study to ensure safe access for Nordic skiing near Sheep Mountain.

Money References

  • 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”.
  • (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”.

204. Release of wilderness study areas Read Opens in new tab

Summary AI

Congress has determined that certain areas of the Dominguez Canyon and McKenna Peak Wilderness Study Areas have been adequately studied and do not need to be designated as wilderness. These lands will no longer be subject to specific preservation requirements and will instead be managed according to applicable laws.

2408. Release Read Opens in new tab

Summary AI

Congress has decided that parts of the Dominguez Canyon Wilderness Study Area have been thoroughly examined and found not suitable for wilderness designation. These lands will no longer be managed under a specific section of the Federal Land Policy and Management Act of 1976 but will instead be governed by the new rules set out in this bill and relevant laws.

205. Administrative provisions Read Opens in new tab

Summary AI

The section outlines various provisions concerning the management and use of designated wilderness and special management areas, including the continuation of tribal rights and traditional uses, requirements for maps and legal descriptions, guidelines for grazing, and procedures for land acquisition. It also addresses the management of certain activities like fire control and outlines withdrawal areas from public land, mining, and mineral leasing laws.

301. Purposes Read Opens in new tab

Summary AI

The section outlines two main goals: to protect the Thompson Divide area by stopping certain land activities that could harm its natural and recreational values, and to encourage capturing methane gas that might otherwise escape into the air.

302. Definitions Read Opens in new tab

Summary AI

This section provides definitions related to a specific pilot program involving methane emissions from coal mines in certain counties and the Thompson Divide area. It explains the terms "fugitive methane emissions," the "pilot program," maps of the areas, and specifics about leases and development rights, especially concerning areas like the Thompson Divide and Wolf Creek Storage Field.

303. Thompson Divide Withdrawal and Protection Area Read Opens in new tab

Summary AI

The Thompson Divide Withdrawal and Protection Area is removed from activities related to public land entry, mining, and mineral leasing, but existing rights are still honored. Additionally, the exact boundaries will be defined by surveys, and existing grazing management remains unchanged.

304. Thompson Divide lease credits Read Opens in new tab

Summary AI

In exchange for giving up their leases in the Thompson Divide area, leaseholders may receive credits from the Secretary for future payments on federal oil or gas leases in the state. The credits are based on previous payments and expenses, but they do not cover legal fees or expenses before the lease was issued. Once relinquished, the leases are permanently canceled. Leaseholders with development rights in the Wolf Creek Storage Field must also transfer these rights to the Secretary to obtain credits, which cannot be transferred or used for further extraction.

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 by the Bureau of Land Management to reduce and manage methane emissions from coal mines, aiming to improve air quality, public safety, and economic development. The program involves creating an emissions inventory, leasing emissions for use or destruction, and incentivizing the capture or capping of emissions, potentially expanding to other areas if successful.

306. Effect Read Opens in new tab

Summary AI

The section clarifies that the bill does not change existing rights related to mineral leases or property in the Thompson Divide area, does not stop the capture of methane from coal mines, and does not block access to coal mines in certain Colorado counties, as long as these activities follow the law.

401. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms used in the bill. It specifies that "map" refers to a specific map outlining the Curecanti National Recreation Area, "National Recreation Area" refers to the Curecanti National Recreation Area established by the bill, and "Secretary" refers to the Secretary of the Interior.

402. Curecanti National Recreation Area Read Opens in new tab

Summary AI

The Curecanti National Recreation Area is established as part of the National Park System, covering over 50,000 acres in Colorado. The Secretary of the Interior will manage the area, allowing recreational activities like boating, hunting, and fishing, while also managing land use and protecting existing water and tribal rights, among other responsibilities.

403. Acquisition of land; boundary management Read Opens in new tab

Summary AI

The section outlines the procedures for acquiring and managing land within the National Recreation Area. It allows the Secretary to acquire land through donation, purchase, transfer, or exchange; transfers administrative jurisdiction of certain lands to different federal agencies; and includes provisions for potential land exchanges and boundary adjustments.

404. General management plan Read Opens in new tab

Summary AI

The Director of the National Park Service is required to create a general management plan for the National Recreation Area within three years of funding availability, collaborating with the Commissioner of Reclamation and 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 create a survey and official description of the boundaries of the National Recreation Area.