[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 841 Reported in Senate (RS)]
Calendar No. 632
113th CONGRESS
2d Session
S. 841
[Report No. 113-292]
To designate certain Federal land in the San Juan National Forest in
the State of Colorado as wilderness, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 25, 2013
Mr. Bennet (for himself and Mr. Udall of Colorado) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
December 10, 2014
Reported by Ms. Landrieu, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Hermosa Creek Watershed
Protection Act of 2013''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) the ecological health and integrity of the
Hermosa Creek Watershed and the economic health of the
surrounding communities that rely on the Watershed are
connected;</DELETED>
<DELETED> (2) the Watershed--</DELETED>
<DELETED> (A) is the only area in the State that is
not a unit of National Wilderness Preservation System
to achieve a designation of outstanding waters by the
State;</DELETED>
<DELETED> (B) provides a crucial source of clean
drinking water for the residents of the Animas River
Valley and the city of Durango, Colorado; and</DELETED>
<DELETED> (C) provides high quality agricultural
water supplies from Hermosa Creek and the Animas
River;</DELETED>
<DELETED> (3) the Watershed helps ensure the economic
prosperity of local communities in the area that depend on the
Watershed for water supplies, recreation, hunting, fishing,
hiking, biking, camping, skiing and related winter activities,
off-road vehicle travel, scientific research, mineral
extraction, and sustainable natural resource
development;</DELETED>
<DELETED> (4) the world-class Hermosa Creek trail network
contains outstanding single track mountain bike riding,
backcountry hiking, equestrian riding, and motorcycle
riding;</DELETED>
<DELETED> (5) the Watershed provides visitors the
opportunity to enjoy the tremendous scenic, natural, cultural,
and recreational resources of the area;</DELETED>
<DELETED> (6) ecologically sustainable grazing has been
conducted in a manner that has preserved the high quality of
the Watershed;</DELETED>
<DELETED> (7) the native Colorado River cutthroat trout
fishery located in the Watershed--</DELETED>
<DELETED> (A) is one of the most important fisheries
in the State;</DELETED>
<DELETED> (B) is crucial for the long-term survival
of the cutthroat trout; and</DELETED>
<DELETED> (C) provides an opportunity for anglers to
have a catch and release fishery for the cutthroat
trout;</DELETED>
<DELETED> (8) the work of Colorado Parks and Wildlife to
enhance the fishery referred to in paragraph (7) has been a
tremendous success and a great example of cooperative
conservation efforts to recover an imperiled species of
fish;</DELETED>
<DELETED> (9) the Watershed--</DELETED>
<DELETED> (A) provides some of the best backcountry
elk habitat in the State; and</DELETED>
<DELETED> (B) supports outstanding hunting
opportunities;</DELETED>
<DELETED> (10) the large areas of undisturbed forest in the
Watershed (including some of the best stands of old growth
ponderosa pine in the State) provide excellent wildlife habitat
and excellent opportunities for solitude and backcountry
recreation; and</DELETED>
<DELETED> (11) designation of the Hermosa Creek Wilderness
Area, Watershed Protection Area, and Special Management Area
would protect those areas in perpetuity for the benefit of the
people of the United States.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) County.--The term ``County'' means La Plata
County, Colorado.</DELETED>
<DELETED> (2) Map.--The term ``Map'' means the map entitled
``Hermosa Creek Proposed Watershed Protection Area, 2012'' and
dated March 28, 2012.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.</DELETED>
<DELETED> (4) Special management area.--The term ``Special
Management Area'' means the Hermosa Creek Special Management
Area designated by section 5(a).</DELETED>
<DELETED> (5) State.--The term ``State'' means the State of
Colorado.</DELETED>
<DELETED> (6) Watershed protection area.--The term
``Watershed Protection Area'' means the Hermosa Creek Watershed
Protection Area designated by section 4(a).</DELETED>
<DELETED>SEC. 4. DESIGNATION OF HERMOSA CREEK WATERSHED PROTECTION
AREA.</DELETED>
<DELETED> (a) Designation.--Certain Federal land in the San Juan
National Forest comprising approximately 107,886 acres, as generally
depicted on the Map, is designated as the ``Hermosa Creek Watershed
Protection Area''.</DELETED>
<DELETED> (b) Purposes.--The purposes of the Watershed Protection
Area are--</DELETED>
<DELETED> (1) to maintain the cultural, economic, and
ecological health of the Hermosa Creek Watershed and the
surrounding communities that rely on the Watershed;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) to protect the purity of, and water supply
from, the Hermosa Creek Watershed for agricultural purposes,
including irrigation and stockwater uses;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) to protect and provide visitors the
opportunity to enjoy the recreational, geological, cultural,
natural, scientific, recreational, wildlife, riparian,
historical, educational, and scenic resources of the
Watershed;</DELETED>
<DELETED> (6) to provide world class opportunities for
skiing, biking, hiking, fishing, hunting, horseback riding,
snowmobiling, motorcycle riding, snowshoeing, and
camping;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) to protect the native Colorado River cutthroat
trout fishery located in the Watershed;</DELETED>
<DELETED> (9) to designate the Hermosa Creek Wilderness Area
and the Special Management Area; and</DELETED>
<DELETED> (10) to conserve, protect, and manage for 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
matter consistent with the purposes described in paragraphs (1)
through (9).</DELETED>
<DELETED>SEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MANAGEMENT
AREA.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Purpose.--The purpose of the Special Management Area
is to conserve and protect for the benefit of present and future
generations the watershed, geological, cultural, natural, scientific,
recreational, wildlife, riparian, historical, educational, and scenic
resources and values of the Special Management Area.</DELETED>
<DELETED> (c) Administration.--</DELETED>
<DELETED> (1) In general.--The Secretary shall administer
the Special Management Area--</DELETED>
<DELETED> (A) in a manner that--</DELETED>
<DELETED> (i) conserves, protects, and
enhances the resources and values of the
Special Management Area described in subsection
(b); and</DELETED>
<DELETED> (ii) protects a viable population
of Colorado River Cutthroat Trout;
and</DELETED>
<DELETED> (B) in accordance with--</DELETED>
<DELETED> (i) the National Forest Management
Act of 1976 (16 U.S.C. 1600 et seq.);</DELETED>
<DELETED> (ii) this Act; and</DELETED>
<DELETED> (iii) any other applicable
laws.</DELETED>
<DELETED> (2) Uses.--</DELETED>
<DELETED> (A) In general.--The Secretary shall allow
only such uses of the Special Management Area that the
Secretary determines would further the purposes
described in subsection (b).</DELETED>
<DELETED> (B) Motorized vehicles.--</DELETED>
<DELETED> (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 vehicles in the
Special Management Area shall be permitted only
on roads and trails designated for use by such
vehicles by the Secretary.</DELETED>
<DELETED> (ii) Over-snow vehicles.--The
Secretary may authorize the use of snowmobiles
and other over-snow vehicles within the Special
Management Area--</DELETED>
<DELETED> (I) during periods of
adequate snow cover during the winter
season; and</DELETED>
<DELETED> (II) subject to such terms
and conditions as the Secretary may
require.</DELETED>
<DELETED> (C) Grazing.--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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Map and Legal Description.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) 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--
</DELETED>
<DELETED> (1) become part of the Special Management
Area;</DELETED>
<DELETED> (2) be withdrawn in accordance with subsection
(h); and</DELETED>
<DELETED> (3) be managed in accordance with--</DELETED>
<DELETED> (A) this Act; and</DELETED>
<DELETED> (B) any other applicable laws.</DELETED>
<DELETED> (f) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.</DELETED>
<DELETED> (g) State and Federal Water Management.--Nothing in this
section affects the potential for development, operation, or
maintenance of a water storage reservoir at the site in the Special
Management Area that is identified in--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) page 27 of the Colorado Dam Site Inventory
prepared by the Colorado Water Conservation Board and dated
August 1996.</DELETED>
<DELETED> (h) 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--</DELETED>
<DELETED> (1) all forms of entry, appropriation, and
disposal under the public land laws;</DELETED>
<DELETED> (2) location, entry, and patent under the mining
laws; and</DELETED>
<DELETED> (3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.</DELETED>
<DELETED> (i) Adjacent Management.--</DELETED>
<DELETED> (1) In general.--The Special Management Area
designated by subsection (a) or the wilderness 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 section 6(a)) shall not
create a protective perimeter or buffer zone around the Special
Management Area or wilderness.</DELETED>
<DELETED> (2) Nonwilderness activities.--The fact that
nonwilderness activities or uses can be seen or heard from
areas within the wilderness 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 section 6(a)) shall not preclude the conduct
of the activities or uses outside the boundary of the
wilderness.</DELETED>
<DELETED> (j) Winter Skiing and Related Winter Activities.--Nothing
in this Act alters or limits--</DELETED>
<DELETED> (1) a permit held by a ski area;</DELETED>
<DELETED> (2) the implementation of the activities governed
by a ski area permit; or</DELETED>
<DELETED> (3) the authority of the Secretary to modify or
expand an existing ski area permit.</DELETED>
<DELETED> (k) Vegetation Management.--Nothing in this section
prevents the Secretary from conducting vegetation management projects
within the Special Management Area--</DELETED>
<DELETED> (1) subject to--</DELETED>
<DELETED> (A) such reasonable regulations, policies,
and practices as the Secretary determines appropriate;
and</DELETED>
<DELETED> (B) all applicable laws (including
regulations); and</DELETED>
<DELETED> (2) in a manner consistent with--</DELETED>
<DELETED> (A) the purposes described in subsection
(b); and</DELETED>
<DELETED> (B) this section.</DELETED>
<DELETED> (l) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures that the
Secretary determines to be necessary to control fire, insects, and
diseases in the Special Management Area, including, as the Secretary
determines to be appropriate, the coordination of the measures with the
State or a local agency.</DELETED>
<DELETED> (m) 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--</DELETED>
<DELETED> (1) takes into account public input; and</DELETED>
<DELETED> (2) includes a certification by the Secretary that
there are adequate opportunities in the Special Management Area
for each of the recreational opportunities referred to in
section 4(b)(6).</DELETED>
<DELETED>SEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION
SYSTEM.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(22) Certain land within the San Juan National
Forest which comprise approximately 37,236 acres, as generally
depicted on the map entitled `Hermosa Creek Proposed Watershed
Protection Area, 2012' and dated March 28, 2012, and which
shall be known as the `Hermosa Creek Wilderness'.''.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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)), 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.</DELETED>
<DELETED>SEC. 7. DURANGO AREA MINERAL WITHDRAWAL.</DELETED>
<DELETED> (a) Withdrawal.--Subject to valid existing rights, the
land and mineral interests described in subsection (b) are withdrawn
from all forms of--</DELETED>
<DELETED> (1) entry, appropriation, or disposal under public
land laws;</DELETED>
<DELETED> (2) location, entry, and patent under the mining
laws; and</DELETED>
<DELETED> (3) disposition under all laws relating to mineral
leasing, geothermal leasing, or mineral materials.</DELETED>
<DELETED> (b) Description of Land and Mineral Interests.--The land
and mineral interests referred to in subsection (a) are--</DELETED>
<DELETED> (1) the approximately 13,086 acres of Federal land
depicted on the map entitled ``Perins Peak & Animas City
Mountain, Horse Gulch and Lake Nighthorse mineral withdrawal''
and dated April 5, 2013; and</DELETED>
<DELETED> (2) all Federal mineral interests contained within
the boundaries of the map described in paragraph (1).</DELETED>
<DELETED> (c) Buffer.--Nothing in this section may require--
</DELETED>
<DELETED> (1) the creation of a protective perimeter or
buffer area outside the boundaries of the withdrawal area
described in subsection (b); or</DELETED>
<DELETED> (2) any prohibition on activities outside of the
boundaries of the withdrawal area described in subsection (b)
that can be seen or heard from within the boundaries of the
withdrawal area.</DELETED>
<DELETED>SEC. 8. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO LA
PLATA COUNTY.</DELETED>
<DELETED> (a) In General.--On the expiration of the permit numbered
COC 64651 (09) and dated February 24, 2009, 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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Map and Legal Description.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Minor errors.--The Secretary of the Interior
may correct any minor error in--</DELETED>
<DELETED> (A) the map; or</DELETED>
<DELETED> (B) the legal description.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Use of Conveyed Land.--The land conveyed under this
section shall be used only for any public purpose consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).</DELETED>
<DELETED> (e) Administrative Costs.--The Secretary of the Interior
shall require the County to pay all survey costs and other
administrative costs necessary for the preparation and completion of
any patents for, and transfers of title to, the land described in
subsection (b).</DELETED>
<DELETED> (f) Conditions.--As a condition of the conveyance under
subsection (a), the County shall agree in writing to pay any
administrative costs associated with the conveyance including the costs
of any environmental, wildlife, cultural, or historical resources
studies.</DELETED>
<DELETED>SEC. 9. RELEASE OF WILDERNESS STUDY AREAS.</DELETED>
<DELETED> (a) Finding.--Congress finds that the land described in
subsection (c) 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).</DELETED>
<DELETED> (b) Release.--The land described in subsection (c)--
</DELETED>
<DELETED> (1) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)); and</DELETED>
<DELETED> (2) shall be managed in accordance with land
management plans adopted under section 202 of that Act (43
U.S.C. 1712).</DELETED>
<DELETED> (c) Description of Land.--The land referred to in
subsections (a) and (b) is the approximately 461 acres of land in the
West Needles Contiguous Wilderness Study Area of San Juan County,
Colorado, that is depicted on the map entitled ``West Needles
Contiguous Wilderness Study Area Release Area'' and dated April 5,
2013.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hermosa Creek Watershed Protection
Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Durango,
Colorado.
(2) County.--The term ``County'' means La Plata County,
Colorado.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Special management area.--The term ``Special Management
Area'' means the Hermosa Creek Special Management Area
designated by section 3(a).
(5) State.--The term ``State'' means the State of Colorado.
SEC. 3. 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 70,650
acres, as generally depicted on the map entitled ``Proposed Hermosa
Creek Special Management Area and Proposed Hermosa Creek Wilderness
Area'' and dated November 12, 2014, is designated as the ``Hermosa
Creek Special Management Area''.
(b) Purpose.--The purpose of the Special Management Area is to
conserve and protect for the benefit of present and future generations
the watershed, geological, cultural, natural, scientific, recreational,
wildlife, riparian, historical, educational, and scenic resources of
the Special Management Area.
(c) Administration.--
(1) In general.--The Secretary shall administer the Special
Management Area--
(A) in a manner that conserves, protects, and
manages the resources of the Special Management Area
described in subsection (b); and
(B) in accordance with--
(i) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only
such uses of the Special Management Area as the
Secretary determines would further the purposes
described in subsection (b).
(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 or mechanized vehicles in the
Special Management Area shall be permitted only
on roads and trails designated by the Secretary
for use by those vehicles.
(ii) Oversnow vehicles.--The Secretary
shall authorize the use of snowmobiles and
other oversnow vehicles within the Special
Management Area--
(I) when there exists adequate snow
coverage; and
(II) subject to such terms and
conditions as the Secretary may
require.
(C) Grazing.--The Secretary shall permit grazing
within the Special Management Area, if 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 as ``East Hermosa
Area'' on the map entitled ``Proposed Hermosa Creek
Special Management Area and Proposed Hermosa Creek
Wilderness Area'' and dated November 12, 2014, 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).
(d) State and Federal Water Management.--Nothing in this section
affects the potential for development, operation, or maintenance of a
water storage reservoir 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.
(e) Withdrawal.--
(1) In general.--Subject to valid rights in existence on
the date of enactment of this Act and except as provided in
paragraph (2), the Federal land within the Special Management
Area is withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Exception.--The withdrawal under paragraph (1) shall
not apply to the areas identified as parcels A and B on the map
entitled ``Proposed Hermosa Creek Special Management Area and
Proposed Hermosa Creek Wilderness Area'' and dated November 12,
2014.
(f) Winter Skiing and Related Winter Activities.--Nothing in this
section 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.
(g) 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 to be
appropriate; and
(B) all applicable laws (including regulations);
and
(2) in a manner consistent with--
(A) the purposes described in subsections (b) and
(h); and
(B) this section.
(h) Wildfire, Insect, and Disease Management.--In accordance with
this section, the Secretary may--
(1) carry out 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; and
(2) coordinate those measures with the appropriate State or
local agency, as the Secretary determines to be necessary.
(i) 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
(2) provides for recreational opportunities to occur within
the Special Management Area, including skiing, biking, hiking,
fishing, hunting, horseback riding, snowmobiling, motorcycle
riding, off-highway vehicle use, snowshoeing, and camping.
(j) Trail and Open Area Snowmobile Usage.--Nothing in this section
affects the use or status of trails authorized for motorized or
mechanized vehicle or open area snowmobile use on the date of enactment
of this Act.
(k) State Water Rights.--Nothing in this section affects access to,
use of, or allocation of any absolute or conditional water right that
is--
(1) decreed under the laws of the State; and
(2) in existence on the date of enactment of this Act.
SEC. 4. HERMOSA CREEK WILDERNESS.
(a) Designation of Wilderness.--Section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; 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
that comprises approximately 37,236 acres, as generally
depicted on the map entitled `Proposed Hermosa Creek Special
Management Area and Proposed Hermosa Creek Wilderness Area' and
dated November 12, 2014, which shall be known as the `Hermosa
Creek Wilderness'.''.
(b) Effective Date.--Any reference contained 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;
107 Stat. 756; 114 Stat. 1955; 116 Stat. 1055) (as added by subsection
(a)).
(c) Fire, Insects, and Diseases.--In accordance with 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; 107 Stat. 756; 114 Stat.
1955; 116 Stat. 1055) (as added by subsection (a)), the Secretary may
carry out 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. 5. 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, and disposal under the 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 areas designated as
``Withdrawal Areas'' on the map entitled ``Perins Peak & Animas City
Mountain, Horse Gulch and Lake Nighthorse Mineral Withdrawal'' and
dated April 5, 2013.
(c) Public Purpose Conveyance.--Notwithstanding subsection (a), the
Secretary of the Interior may convey any portion of the land described
in subsection (b) that is administered by the Bureau of Land Management
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. 6. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO COUNTY.
(a) In General.--On the expiration of the permit numbered COC 64651
(09) and dated February 24, 2009, on 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--
(1) subsection (c);
(2) the condition that the County shall pay all
administrative and other costs associated with the conveyance;
and
(3) such other terms and conditions as the Secretary of the
Interior determines to be necessary.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 82 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 May
5, 2014.
(c) Use of Conveyed Land.--The Federal land conveyed pursuant to
this section may be used by the County for any public purpose, in
accordance with the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.).
(d) Reversion.--If the County ceases to use a parcel of the Federal
land conveyed pursuant to this section in accordance with subsection
(a), title to the parcel shall revert to the Secretary of the Interior,
at the option of the Secretary of the Interior.
SEC. 7. MOLAS PASS RECREATION AREA; WILDERNESS STUDY AREA RELEASE;
WILDERNESS STUDY AREA TRANSFER OF ADMINISTRATIVE
JURISDICTION.
(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 ``Molas Pass
Recreation Area and Molas Pass Wilderness Study Area'' and
dated November 13, 2014, is designated as the ``Molas Pass
Recreation Area''.
(2) 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 (43 U.S.C. 1701 et seq.) and
other applicable laws (including regulations);
(C) on designated trails for winter motorized
travel and grooming;
(D) in designated areas for open area motorized
travel; and
(E) subject to such terms and conditions as the
Secretary may require.
(3) Other recreational opportunities.--In addition to the
uses authorized under paragraph (2), the Secretary may
authorize other recreational uses in the Molas Pass Recreation
Area.
(b) Molas Pass Wilderness Study Area.--
(1) Transfer of administrative jurisdiction.--
Administrative jurisdiction over the Federal land generally
depicted as ``Molas Pass Wilderness Study Area'' on the map
entitled ``Molas Pass Recreation Area and Molas Pass Wilderness
Study Area'', and dated November 13, 2014, is transferred from
the Bureau of Land Management to the Forest Service.
(2) Administration.--The Federal land described in
paragraph (1) shall--
(A) be known as the ``Molas Pass Wilderness Study
Area''; and
(B) be administered by the Secretary, so as to
maintain the wilderness character and potential of the
Federal land for inclusion in the National Wilderness
Preservation System.
(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.--Effective beginning on the date of enactment
of this Act, the land described in paragraph (3)--
(A) shall not be subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c));
(B) shall be managed in accordance with land
management plans adopted under section 202 of that Act
(43 U.S.C. 1712); and
(C) shall not be subject to Secretarial Order 3310
issued on December 22, 2010.
(3) Description of land.--The land referred to in
paragraphs (1) and (2) is the approximately 461 acres located
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 ``Molas Pass
Recreation Area and Molas Pass Wilderness Study Area'' and
dated November 13, 2014.
SEC. 8. GENERAL PROVISIONS.
(a) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction or responsibility of the State with regard to fish and
wildlife in the State.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall prepare maps and legal
descriptions of--
(A) the Special Management Area;
(B) the wilderness area designated by the amendment
made by section 4(a);
(C) the withdrawal pursuant to section 5;
(D) the conveyance pursuant to section 6;
(E) the recreation area designated by section 7(a);
and
(F) the wilderness study area designated by section
(7)(b)(2).
(2) Force of law.--The maps and legal descriptions prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary concerned may
correct any clerical or typographical errors in the maps and
legal descriptions.
(3) Public availability.--The maps and legal descriptions
prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and the Bureau of Land Management.
(c) Adjacent Management.--
(1) In general.--Nothing in this Act establishes a
protective perimeter or buffer zone around--
(A) the Special Management Area; or
(B) the wilderness area designated by an amendment
made by section 4(a).
(2) Nonwilderness activities.--The fact that a
nonwilderness activity or use can be seen or heard from areas
within the wilderness area designated by an amendment made by
section 4(a) shall not preclude the conduct of the activity or
use outside the boundary of the wilderness area.
(d) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) any low-level overflight of military aircraft over an
area designated as a wilderness area under an amendment made by
this Act, including military overflights that can be seen,
heard, or detected within the wilderness area;
(2) flight testing or evaluation; or
(3) the designation or establishment of--
(A) new units of special use airspace; or
(B) any military flight training route over a
wilderness area described in paragraph (1).
Calendar No. 632
113th CONGRESS
2d Session
S. 841
[Report No. 113-292]
_______________________________________________________________________
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 10, 2014
Reported with an amendment