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

S. 764 is a plan to protect nature in Colorado by making special areas for animals, fun activities, and clean air, but it doesn't say much about how to pay for these changes.

Summary AI

S. 764 aims to designate and manage wilderness areas, recreation management areas, and conservation areas in Colorado. It establishes the Colorado Outdoor Recreation and Economy Act, which seeks to expand wilderness designations, protect wildlife habitats, and manage recreational activities. The bill also proposes a pilot program to reduce methane emissions from coal mines and would create the Curecanti National Recreation Area. Through these measures, the legislation intends to enhance environmental protection, recreational opportunities, and public health within the state.

Published

2025-02-27
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-02-27
Package ID: BILLS-119s764is

Bill Statistics

Size

Sections:
29
Words:
15,406
Pages:
79
Sentences:
376

Language

Nouns: 5,153
Verbs: 983
Adjectives: 649
Adverbs: 110
Numbers: 588
Entities: 1,011

Complexity

Average Token Length:
4.31
Average Sentence Length:
40.97
Token Entropy:
5.50
Readability (ARI):
22.76

AnalysisAI

To provide a summary and analysis of Senate Bill 764, also known as the "Colorado Outdoor Recreation and Economy Act," it's crucial to understand the proposed legislation and its implications for wilderness areas in Colorado. This editorial will explore the overall structure and intention of the bill, highlight notable issues, and discuss its potential impact on both the general public and specific stakeholders.

General Summary of the Bill

Senate Bill 764 aims to designate certain wilderness areas, recreation management areas, and conservation regions within Colorado. The bill seeks to expand wilderness areas within the state, such as those in the White River National Forest and Mount Sneffels Wilderness, and create new wildlife conservation and special management areas to protect ecological resources. It also includes measures for managing fire, insects, and diseases, continuing livestock grazing under specific conditions, and coordinating watershed protection activities.

Significant Issues

Several significant issues arise from the proposed legislation, as the bill's language could lead to ambiguities or challenges in its implementation:

  1. Broad Management Discretion: Sections 102 and 103 afford the Secretary vast discretion in managing wilderness areas for fire, insects, and diseases. While this flexibility could be advantageous, it risks conflicting with the fundamental principles of environmental preservation if not carefully managed.

  2. Environmental Concerns: Sections like 104, which allows road construction and motorized vehicle use in the Porcupine Gulch Wildlife Conservation Area, raise potential environmental degradation concerns, altering the landscape and potentially disturbing wildlife habitats.

  3. Financial Ambiguities: Section 303 highlights a lack of financial detail about conducting necessary surveys for the Thompson Divide area's legal boundaries. Such omissions may lead to unforeseen expenses that could burden government resources or taxpayers.

  4. Lack of Public Engagement: Section 204 releases certain lands from wilderness study status with little mention of public consultation or robust environmental assessments, potentially leading to backlash from conservation groups and local communities invested in preserving these lands.

  5. Undefined Provisions: Section 110 permits "minor adjustments to the boundaries" without defining what constitutes "minor." This vagueness could lead to manipulated boundary changes that might not align with public or ecological interests.

Impact on the Public and Stakeholders

Broad Public Impact

The bill promises to preserve significant natural areas within Colorado, promoting ecological health and offering recreational opportunities for the general public. However, the potential for insufficient resource management and financial planning poses risks of environmental degradation and inefficient use of taxpayer money. This could result in public disillusionment if the goals of ecological preservation are not adequately met.

Impact on Specific Stakeholders

  1. Environmental and Conservation Groups: Such stakeholders may view the bill positively for its dedication to expanding protected areas, but the lack of clarity around key environmental management strategies could be a source of concern and opposition.

  2. Local Communities and Indigenous Tribes: These groups might benefit from enhanced recreational and economic opportunities tied to preserved natural landscapes. However, the vague legislative language around tribal rights and traditional uses could potentially lead to disputes or misunderstandings.

  3. Commercial and Industrial Interests: Entities involved in mineral leasing and other industrial activities might see the legislation as restrictive, particularly concerning the Thompson Divide area's mineral rights withdrawal, challenging existing and prospective resources extraction operations.

  4. Government and Administration: Officials tasked with implementing the bill may face challenges due to ambiguous provisions, making it difficult to apply policies consistently and equitably across designated areas. This could lead to administrative inefficiencies and increased scrutiny from the public and media.

In conclusion, while the "Colorado Outdoor Recreation and Economy Act" proposes significant advancements in preserving Colorado's natural landscapes, careful attention to language clarity, financial planning, and stakeholder engagement is essential to ensure the legislation effectively serves its intended purpose without unintended negative consequences.

Financial Assessment

Commentary on Financial References in S. 764

The bill, S. 764, primarily aims to designate and manage wilderness, recreation management, and conservation areas within the State of Colorado, specifically through the Colorado Outdoor Recreation and Economy Act. However, even though the bill deals with land management and environmental preservation, details on financial aspects such as spending, appropriations, or financial allocations are sparse. The absence of specific financial references or appropriations can lead to several issues, which are highlighted below.

Financial Implications and Issues

  1. Lack of Spending Details in Survey Requirements: The bill, particularly in Section 303, discusses the necessity of surveys to determine the exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area. However, there is a notable absence of financial details pertaining to who will finance these surveys and how much they might cost. This lack of financial planning can lead to unplanned expenses for government agencies responsible for conducting these surveys, potentially creating budgetary shortfalls or requiring reallocations.

  2. Methane Emissions Pilot Program: Section 305 introduces the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program, aimed at reducing methane emissions. While this initiative highlights a significant environmental focus, it lacks specific budget constraints or allocations for its implementation. The absence of defined financial plans or limits could result in the misuse of funds, as the program operates without a clear fiscal timeline or constraints, potentially leading to inefficient spending or escalated project costs.

  3. Expense Credits for Lease Relinquishments: Under Section 304, the bill allows for credits to be issued to leaseholders who relinquish oil or gas leases in the Thompson Divide. These credits are intended for use against any bid, royalty, or rental payment due under any Federal oil or gas lease on Federal land in Colorado. However, there are no explicit details provided on the total fiscal impact of these credits or how they are structured financially. This could raise concerns over how much financial liability the government could potentially face and whether this might affect the budget for managing the protected areas.

  4. Retroactive and Current Financial Calculations: Several parts of the bill involve references to expenses and credits dating back to previous years, such as the expenses incurred as of January 28, 2019. This raises questions about the accuracy and practicality of calculating these financial allocations retroactively and how they align with the current financial landscape. It may also result in complexities when aligning past credits or expenses with current or future financial commitments.

Conclusion

While S. 764 focuses on environmental protection and land management in Colorado, there is a clear gap regarding explicit financial planning and references. This omission could lead to unbudgeted expenses, potential misuse of funds, and ambiguity in fiscal responsibility. These issues highlight the need for integrating detailed financial strategies into legislative proposals to ensure fiscal responsibility and effective allocation of resources. Proper financial referencing within the bill would enhance its implementation and accountability, addressing several of the issues identified.

Issues

  • Section 301 lacks a clear definition of 'valid existing rights,' which can lead to legal ambiguity and disputes over mineral rights withdrawal in the Thompson Divide area.

  • Sections 102 and 103 have broad language allowing the Secretary to manage land for fire, insects, and diseases, which could conflict with environmental preservation principles in wilderness areas.

  • Section 104 allows for exceptions in road construction and motorized vehicle use, possibly leading to environmental degradation in the Porcupine Gulch Wildlife Conservation Area.

  • Sections 105 and 106 allow the Secretary broad discretion in managing the Wildlife Conservation Areas, which could lead to inconsistent implementation and potential misuse of environmental resources.

  • Section 202 references maps dated 2018 and does not specify updating protocols, which could result in discrepancies with current environmental or land use conditions.

  • Section 303's lack of financial details on surveys needed for the Thompson Divide area's legal boundaries may lead to unplanned expenses.

  • Section 203 allows pre-existing activities like helicopter use in Special Management Areas, raising potential environmental and spending concerns.

  • Section 204’s release of land from wilderness study status lacks public consultation or environmental assessments, risking ecological and stakeholder backlash.

  • Section 305 lacks specific budget constraints for the methane emissions pilot program, creating potential for misuse of funds.

  • Section 110(b) provides for 'minor adjustments to the boundaries,’ without defining what constitutes 'minor,' raising concerns of potential boundary manipulation.

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 bill section expands the Colorado Wilderness by adding several new areas within the White River National Forest, including specific additions to the Ptarmigan Peak, Holy Cross Wilderness, Hoosier Ridge, Tenmile, and Eagles Nest areas. It outlines regulations for handling fire, insects, and diseases, permits the continuation of livestock grazing under specified conditions, and mandates the coordination of federal and local agencies to manage watershed protection during fires and floods.

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

Summary AI

The bill section designates around 8,036 acres in the White River National Forest as a potential wilderness area and outlines management rules, including evaluating if livestock grazing should occur on vacant allotments. It also specifies conditions under which the area will officially become the "Williams Fork Mountains Wilderness," either after certain actions are completed or by a set timeline.

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

Summary AI

The Porcupine Gulch Wildlife Conservation Area, covering about 8,287 acres in the White River National Forest, is set aside to protect wildlife migration, as well as wildlife and ecological resources. The Secretary is responsible for managing this area to ensure conservation goals are met, regulating usage such as motorized vehicles and new roads, while allowing necessary activities like fire management, with certain allowances for transportation projects and emergency responses.

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 certain parts of the Dominguez Canyon Wilderness Study Area have been sufficiently studied for potential wilderness designation. As a result, those areas not designated as wilderness will no longer be subject to special study rules and will instead be managed according to this new legislation and any other relevant 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 the "Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program," including what constitutes fugitive methane emissions, the pilot program itself, the relevant maps, and specific areas and leases within the Thompson Divide. It also clarifies what is meant by the "Thompson Divide lease" and "Wolf Creek Storage Field development right," listing certain exclusions for each.

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

Summary AI

The section establishes the Thompson Divide Withdrawal and Protection Area, where activities such as entry, mining, and mineral leasing are not allowed, according to existing rights. It requires surveys for detailed descriptions of the area's boundaries and states that grazing practices in the region will remain 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 can receive credits from the Secretary to use for future federal oil or gas lease payments, but these credits don't cover legal fees and must be approved. When leases are given up, they are permanently canceled and not reissued, and any related Wolf Creek Storage Field rights must also be given up, with similar credit considerations.

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.