Memorandum Agenda Item 22i 05/13/2002

• Board Meeting Date: 5/13/2002
• Description: Board Meeting Deep Creek Yampatika Ute Widerness Bill
• Board Meetings - Doc Type: Memo

(C) other applicable law, including this Act.
(b) Withdrawals. --Subject to valid existing rights, all Federal lands within the
Wilderness Area are withdrawn from--
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(1) all forms of entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) the operation of the mineral leasing, mineral materials, and geothermal leasing
laws, and all amendments thereto.
(c) Aerial Navigation Training Exercises.--
(1) In general. --The Colorado Army National Guard, through the High Altitude
ARNG Aviation Training Site, shall continue to be allowed to conduct aerial navigation
training maneuver exercises over and upon the lands within the Wilderness Area in a
manner consistent with the memorandum of understanding dated August 4, 1987, among the
Colorado Army National Guard, the Bureau of Land Management, and the United States
Forest Service as interpreted and implemented prior to the date of the enactment of
this Act.
(2) Review and modification of memorandum of understanding.--The memorandum of
understanding referred to in paragraph (1) may be modified subject to the agreement of
all parties thereto. The parties to the memorandum of understanding shall review the
memorandum and associated annual operating plan not later than 180 days after the date
of the enactment of this Act, and annually thereafter while the memorandum of
understanding is in effect. The review shall include consideration of alternative
locations over National Forest System lands and lands administered by the Bureau of
Land Management outside of the Wilderness Area for the conduct of activities identified
in the memorandum. If the Colorado Army National Guard identifies such an alternate
location outside of the Wilderness Area that meets its aerial training needs, the
memorandum of understanding shall be modified accordingly, subject to the agreement of
all parties thereto.
(d) Hunting and Fishing. --Nothing in this Act shall affect the authority of the
Colorado Division of Wildlife to regulate hunting or fishing in the Wilderness Area.
(e) Grazing.-- •
(1) In general.--Except as provided by paragraph (2) , the Secretary shall issue
and administer any grazing leases or permits in the Wilderness Area in accordance with
the same laws (including regulations)and Executive orders followed by the Secretary in
issuing and administering grazing leases and permits on other land under the
jurisdiction of the Forest Service and Bureau of Land Management, respectively.
(2) Grazing in wilderness area. --
(A) Forest service lands. --Grazing of livestock in the Wilderness Area on lands
that are under the jurisdiction of the Forest Service shall be administered in
accordance with the provisions of section 4 (d) (4) of the Wilderness Act (16 U.S.C.
1133 (d) (4) ) , in accordance with the guidelines set forth under the heading "Grazing in
National Forest Wilderness " in House Report 96 617 of the 96th Congress.
(B) BLM lands. --Grazing of livestock in the Wilderness Area on lands that are
under the jurisdiction of the Bureau of Land Management shall be administered in
accordance with the provisions of section 4 (d) (4) of the Wilderness Act (16 U.S.C.
1133 (d) (4) ) , in accordance with the guidelines set forth in Appendix A of House Report
101 405 of the 101st Congress.
(f) No Buffer Zones. --Congress does not intend for the establishment of the
Wilderness Area to lead to the creation of protective perimeters or buffer zones around
the Wilderness Area. The fact that there may be activities or uses on lands outside the
Wilderness Area that would not be allowed in the Wilderness Area shall not preclude
such activities or uses on such lands up to the boundary of the Wilderness Area
consistent with other applicable laws.
SEC. 6.. WATER- RIGHTS' D MANAGEMENT.
(a) Definition..--As= used,in this ,section,,,the term- ''water resource f acility' '
means irrigation and pumping facilities, reservoirs, water conservation-works,
aqueducts, canals, ditches, pipelines, wells, hydropower projects and transmission and
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Colorado Water Conservation Board
Flood Protection•Water Supply Planning and Financing•Stream and Lake Protection
Water Supply Protection•Conservation and Drought Planning