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S. 764IntroducedSenate · nowHousePresidentLawIn committee
Sec. 104 · S. 764

Porcupine Gulch Wildlife Conservation Area

Title I — Continental Divide

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(a) Designation Subject to valid existing rights, the approximately 8,287 acres of Federal land located in the White River National Forest, as generally depicted as Proposed Porcupine Gulch Wildlife Conservation Area on the map entitled Porcupine Gulch Wildlife Conservation Area Proposal and dated June 24, 2019, are designated as the Porcupine Gulch Wildlife Conservation Area (referred to in this section as the Wildlife Conservation Area). (b) Purposes The purposes of the Wildlife Conservation Area are— (1) to conserve and protect a wildlife migration corridor over Interstate 70; and (2) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, and ecological resources of the Wildlife Conservation Area. (c) Management (1) In general The Secretary shall manage the Wildlife Conservation Area— (A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and (B) in accordance with— (i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) any other applicable laws (including regulations); and (iii) this section. (2) Uses (A) In general The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b). (B) Recreation The Secretary may permit such recreational activities in the Wildlife Conservation Area that the Secretary determines are consistent with the purposes described in subsection (b). (C) Motorized vehicles and mechanized transport; new or temporary roads (i) Motorized vehicles and mechanized transport Except as provided in clause (iii), the use of motorized vehicles and mechanized transport in the Wildlife Conservation Area shall be prohibited. (ii) New or temporary roads Except as provided in clause (iii) and subsection (e), no new or temporary road shall be constructed within the Wildlife Conservation Area. (iii) Exceptions Nothing in clause (i) or (ii) prevents the Secretary from— (I) authorizing the use of motorized vehicles or mechanized transport for administrative purposes; (II) constructing temporary roads or permitting the use of motorized vehicles or mechanized transport to carry out pre- or post-fire watershed protection projects; (III) authorizing the use of motorized vehicles or mechanized transport to carry out activities described in subsection (d) or (e); or (IV) responding to an emergency. (D) Commercial timber (i) In general Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber. (ii) Limitation Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section. (d) Fire, insects, and diseases The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to manage wildland fire and treat hazardous fuels, insects, and diseases in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate. (e) Regional transportation projects Nothing in this section or section 110(f) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations) and subject to valid existing rights, the use of the subsurface of the Wildlife Conservation Area to construct, realign, operate, or maintain regional transportation projects, including Interstate 70 and the Eisenhower-Johnson Tunnels. (f) Water Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area.

Sec. 104: Porcupine Gulch Wildlife Conservation Area · Public Law Tracker