[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1839 Reported in House (RH)]
Union Calendar No. 524
113th CONGRESS
2d Session
H. R. 1839
[Report No. 113-693]
To designate certain Federal land in the San Juan National Forest in
the State of Colorado as wilderness, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2013
Mr. Tipton introduced the following bill; which was referred to the
Committee on Natural Resources
December 22, 2014
Additional sponsor: Mr. Coffman
December 22, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 6,
2013]
_______________________________________________________________________
A BILL
To designate certain Federal land in the San Juan National Forest in
the State of Colorado as wilderness, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hermosa Creek Watershed Protection
Act of 2014''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to maintain the cultural, economic, and ecological
health of the Hermosa Creek Watershed and the surrounding
communities that rely on the Watershed;
(2) to protect the purity of water that comes from the
Hermosa Creek Watershed and supplies residents of the Animas
River Valley and the city of Durango, Colorado, with clean
drinking water;
(3) to protect the purity of, and water supply from, the
Hermosa Creek Watershed for agricultural purposes, including
irrigation and stockwater uses;
(4) to enhance the economic prosperity of local communities
in the area who depend on the area for water, recreation, and
sustainable natural resource uses;
(5) to protect and provide residents and visitors the
opportunity to enjoy the recreational, geological, cultural,
natural, scientific, wildlife, riparian, historical,
educational, and scenic resources of the Watershed;
(6) to provide world-class opportunities for skiing,
biking, hiking, fishing, hunting, horseback riding,
snowmobiling, motorcycle riding, snowshoeing, and camping;
(7) to provide for economic and natural resource
development (including sustainable grazing, vegetation
management, beneficial uses of water, and mineral extraction)
in a manner consistent with protecting the overall integrity of
the Watershed;
(8) to protect a viable population of the native Colorado
River cutthroat trout fishery located in the Watershed;
(9) to designate the Hermosa Creek Wilderness Area and the
Hermosa Creek Special Management Area; and
(10) to conserve, protect, and manage a healthy Hermosa
Creek Watershed for the long-term ecological integrity of the
Watershed and the long-term economic health of surrounding
communities by allowing sustainable economic development and
traditional natural resource development in a manner consistent
with the purposes described in paragraphs (1) through (8).
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means Durango, Colorado.
(2) County.--The term ``County'' means La Plata County,
Colorado.
(3) Map.--The term ``Map'' means the map entitled ``Hermosa
Creek Proposed Watershed Protection Area'' and dated June 2,
2014.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Special management area.--The term ``Special Management
Area'' means the Hermosa Creek Special Management Area
designated by section 5(a).
(6) State.--The term ``State'' means the State of Colorado.
SEC. 4. HERMOSA CREEK WATERSHED PROTECTION AREA.
Certain Federal land in the San Juan National Forest comprising
approximately 107,866 acres, as generally depicted on the Map may be
called the ``Hermosa Creek Watershed Protection Area''.
SEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, certain Federal
land in the San Juan National Forest comprising approximately 68,289
acres, as generally depicted on the Map, is designated as the ``Hermosa
Creek Special Management Area''.
(b) Administration.--
(1) In general.--The Secretary shall administer the Special
Management Area in accordance with--
(A) the National Forest Management Act of 1976 (16
U.S.C. 1600 et seq.);
(B) this Act; and
(C) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow such
uses of the Special Management Area that the Secretary
determines would further the purposes described in
section 2.
(B) Motorized and mechanized vehicles.--
(i) In general.--Except as provided in
clause (ii) and as needed for administrative
purposes or to respond to an emergency, the use
of motorized and mechanized vehicles in the
Special Management Area shall be permitted only
on roads and trails designated for use by such
vehicles as identified on the Map as ``Trails
Open to Motorized Uses'' and ``Trails Open to
Mechanized Uses''.
(ii) Over-snow vehicles.--The Secretary
shall authorize the use of snowmobiles and
other over-snow vehicles within the Special
Management Area--
(I) when there is adequate snow
coverage; and
(II) subject to such terms and
conditions as the Secretary may
require.
(iii) Continued access.--Within the Special
Management Area, at a minimum, the Secretary
shall maintain access for motorized and
mechanized recreation opportunities as
identified as ``Trails Open to Motorized Uses''
and ``Trails Open to Mechanized Uses'' on the
Map.
(C) Grazing.--Grazing and other traditional
economic activities are compatible with the Special
Management Area designation and the Secretary shall
permit grazing within the Special Management Area,
where established before the date of enactment of this
Act subject to all applicable laws (including
regulations) and Executive orders.
(D) Prohibited activities.--Within the area of the
Special Management Area identified on the Map as ``East
Hermosa Area'' the following activities shall be
prohibited:
(i) New permanent or temporary road
construction or the renovation of existing
nonsystem roads, except as allowed under the
final rule entitled ``Special Areas; Roadless
Area Conservation; Applicability to the
National Forests in Colorado'' (77 Fed. Reg.
39576 (July 3, 2012)).
(ii) Projects undertaken for the purpose of
harvesting commercial timber (other than
activities relating to the harvest of
merchantable products that are byproducts of
activities conducted for ecological restoration
or to further the purposes described in this
Act).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and a
legal description of the Special Management Area.
(2) Force of law.--The map and legal description prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Public availability.--The map and legal description
prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(d) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is acquired by the United States within the
boundary of the Special Management Area shall--
(1) only occur through donation or exchange with the
written consent of the property owner;
(2) become part of the Special Management Area;
(3) be withdrawn in accordance with subsection (g); and
(4) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(e) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(f) State and Federal Water Management.--Nothing in this section
shall affect the development, operation, or maintenance of a water
storage reservoir, including necessary ancillary roads and transmission
infrastructure, at the site in the Special Management Area that is
identified in--
(1) pages 17 through 20 of the Statewide Water Supply
Initiative studies prepared by the Colorado Water Conservation
Board and issued by the State in November 2004; and
(2) page 27 of the Colorado Dam Site Inventory prepared by
the Colorado Water Conservation Board and dated August 1996.
(g) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the Federal land within the Special
Management Area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(h) Adjacent Management.--
(1) In general.--The Special Management Area designated by
subsection (a) or the wilderness designated by the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77;
107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by
sections 7(a) and 10(b)) shall not create a protective
perimeter or buffer zone around the Special Management Area or
wilderness.
(2) Other activities.--The fact that activities or uses can
be seen, heard, or detected from areas within the wilderness
designated by the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955,
116 Stat. 1055) (as added by sections 7(a) and 10(b)) shall not
preclude, limit, control, regulate, or determine the conduct of
the activities or uses outside the boundary of the wilderness.
(i) Winter Skiing and Related Winter Activities.--Nothing in this
Act alters or limits--
(1) a permit held by a ski area;
(2) the implementation of the activities governed by a ski
area permit; or
(3) the authority of the Secretary to modify or expand an
existing ski area permit.
(j) Vegetation Management.--Nothing in this section prevents the
Secretary from conducting vegetation management projects within the
Special Management Area--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary determines appropriate; and
(B) all applicable laws (including regulations);
and
(2) in a manner consistent with--
(A) the purposes and management described in
section 2; and
(B) this section.
(k) Wildfire, Insect, and Disease Management.--Consistent with this
section, the Secretary is authorized to take any measures that the
Secretary determines to be necessary to manage wildland fire and treat
hazardous fuels, insects, and diseases in the Special Management Area.
The Secretary is further authorized to coordinate such measures with
the appropriate State or local agency, should the Secretary determine
such coordination to be necessary.
(l) Management Plan.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management plan
for the long-term protection and management of the Special Management
Area that--
(1) takes into account public input and the purposes in
section 2; and
(2) provides for the recreational opportunities referred to
in section 2(6) to occur within the Special Management Area.
SEC. 6. STATE WATER RIGHTS.
Nothing in section 5 affects access to, use, or allocation of any
absolute or conditional water right decreed under the laws of the State
and in existence on the date of enactment of this Act.
SEC. 7. HERMOSA CREEK WILDERNESS.
(a) Designation of Wilderness.--Section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107
Stat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by adding at the
end the following:
``(22) Certain land within the San Juan National Forest
which comprise approximately 37,236 acres, as generally
depicted on the Map, and which shall be known as the `Hermosa
Creek Wilderness'.''.
(b) Effective Date.--Any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this Act for purposes of
administering the wilderness area designated by section 2(a)(22) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by
subsection (a)).
(c) Fire, Insects, and Diseases.--As provided in section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas
designated by section 2(a)(22) of the Colorado Wilderness Act of 1993
(16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955,
116 Stat. 1055) (as added by subsection (a) and section 10(b)), the
Secretary may take any measure that the Secretary determines to be
necessary to control fire, insects, and diseases, subject to such terms
and conditions as the Secretary determines to be appropriate.
SEC. 8. DURANGO AREA MINERAL WITHDRAWAL.
(a) Withdrawal.--Subject to valid existing rights, the land and
mineral interests described in subsection (b) are withdrawn from all
forms of--
(1) entry, appropriation, or disposal under public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral leasing,
geothermal leasing, or mineral materials.
(b) Description of Land and Mineral Interests.--The land and
mineral interests referred to in subsection (a) are the Federal land
and mineral interests generally depicted within the ``Withdrawal
Areas'' on the map entitled ``Perins Peak & Animas City Mountain, Horse
Gulch and Lake Nighthorse Mineral Withdrawal'' and dated April 5, 2013.
(c) Buffer.--Nothing in this section shall require--
(1) the creation of a protective perimeter or buffer area
outside the boundaries of the withdrawal area described in
subsection (b); or
(2) any prohibition or limitation on activities outside of
the boundaries of the withdrawal area described in subsection
(b) that can be seen, heard, or detected from within the
boundaries of the withdrawal area.
(d) Public Purpose Conveyance.--Notwithstanding subsection (a), the
Secretary may convey any portion of the land described in subsection
(b) to the City, the County, or the State--
(1) pursuant to the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.); or
(2) by exchange in accordance with applicable laws
(including regulations).
SEC. 9. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO LA PLATA
COUNTY.
(a) In General.--On the expiration of the permit numbered COC 64651
(09) and dated February 24, 2009, upon request and agreement of the
County, the Secretary of the Interior shall convey to the County,
without consideration and subject to valid existing rights, all right,
title, and interest of the United States in and to the land described
in subsection (b), subject to such terms and conditions as the
Secretary determines to be necessary.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 111 acres of land managed by the Bureau of
Land Management, Tres Rios District, Colorado, as generally depicted on
the map entitled ``La Plata County Grandview Conveyance'' and dated
March 27, 2013.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall
finalize the legal description of the parcel to be conveyed
under this section.
(2) Minor errors.--The Secretary of the Interior may
correct any minor error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Administrative Costs.--As a condition of the conveyance under
subsection (a), the Secretary of the Interior shall require the County
to pay all administrative costs and costs associated with the
conveyance.
SEC. 10. MOLAS PASS RECREATION AREA; WEMINUCHE WILDERNESS ADDITION;
WILDERNESS STUDY AREA RELEASE.
(a) Molas Pass Recreation Area.--
(1) Designation.--The approximately 461 acres of land in
San Juan County, Colorado, that is generally depicted as
``Molas Pass Recreation Area'' on the map entitled ``West
Needles Contiguous Wilderness Study Area'' and dated September
11, 2014, is designated as the Molas Pass Recreation Area.
(2) Legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a legal description of the Molas Pass
Recreation Area.
(B) Force of law.--The legal description under
paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct any errors in the legal description.
(C) Public availability.--The legal description
prepared under paragraph (1) shall be on file and
available for public inspection in the appropriate
offices of the Bureau of Land Management.
(3) Use of snowmobiles.--The use of snowmobiles shall be
authorized in the Molas Pass Recreation Area--
(A) during periods of adequate snow coverage;
(B) in accordance with the Federal Land Policy and
Management Act of 1976 (42 U.S.C. 1701 et seq.) and
applicable laws and regulations;
(C) on designated trails identified as ``Winter Use
Routes and Grooming Trails'' and ``Historic Snow
Dependent Use Route'' on the map entitled, ``Winter Use
Routes and Grooming Trails'' and dated September 11,
2014;
(D) in designated areas for open area motorized
travel; and
(E) subject to such terms and conditions as the
Secretary may require; however, the Secretary shall not
close any road or trail, or a portion of a road or
trail, in the Molas Pass Recreation Area without
simultaneously opening a road or trail, or a portion of
a road or trail, of equivalent value in the immediate
vicinity; further, nothing in this subparagraph shall
prevent the Secretary from temporarily closing a road
or trail for reasons of public safety.
(4) Other recreational opportunities.--The Secretary shall
authorize other recreational uses in the Molas Pass Recreation
Area including, but not limited to, mountain biking.
(b) West Needles Contiguous WSA Addition to the Weminuche
Wilderness.--
(1) Wilderness addition.--Section 2(a)(16) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77;
107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by
striking ``Certain'' and inserting ``Certain lands within the
San Juan National Forest which comprise approximately 499 acres
generally depicted as `Weminuche Wilderness Addition' on the
map entitled `West Needles Contiguous Wilderness Study Area'
and dated September 11, 2014, and certain''.
(2) Effective date.--Any reference in the Wilderness Act
(16 U.S.C. 1131 et seq.) to the effective date of that Act
shall be considered to be a reference to the date of enactment
of this Act for purposes of administering the wilderness area
designated by section 2(a)(16) of the Colorado Wilderness Act
of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756,
114 Stat. 1955, 116 Stat. 1055) (as added by paragraph (1)).
(3) Transfer of administrative jurisdiction.--
Administrative jurisdiction over the Federal land designated as
wilderness under paragraph (1) is transferred from the Bureau
of Land Management to the Forest Service.
(c) Release.--
(1) Finding.--Congress finds that the land described in
paragraph (3) has been adequately studied for wilderness
designation under section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(2) Release.--Any public land described in paragraph (3)--
(A) is no longer subject to--
(i) section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1782(c)); and
(ii) Secretarial Order 3310 issues on
December 22, 2010; and
(B) shall be managed in accordance with land
management plans adopted under section 202 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712).
(3) Description of land.--The land referred to in
paragraphs (1) and (2) is the approximately 461 acres of land
in the West Needles Contiguous Wilderness Study Area of San
Juan County, Colorado, that is generally depicted as ``Molas
Pass Recreation Area'' on the map entitled ``West Needles
Contiguous Wilderness Study Area'' and dated September 11,
2014.
SEC. 11. MILITARY OVERFLIGHTS.
Nothing in this Act restricts or precludes--
(1) low-level overflights of military aircraft over the
areas designated as wilderness under this Act, including
military overflights that can be seen, heard, or detected
within the wilderness areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over the wilderness areas.
Union Calendar No. 524
113th CONGRESS
2d Session
H. R. 1839
[Report No. 113-693]
_______________________________________________________________________
A BILL
To designate certain Federal land in the San Juan National Forest in
the State of Colorado as wilderness, and for other purposes.
_______________________________________________________________________
December 22, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed