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[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
```