II 

112TH CONGRESS 

1ST SESSION S. 1635 

To designate certain lands in San Miguel, Ouray, and San Juan Counties, 

Colorado, as wilderness, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26, 2011 

Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To designate certain lands in San Miguel, Ouray, and San 

Juan Counties, Colorado, as wilderness, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘San Juan Mountains 

5 Wilderness Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COVERED LAND.—The term ‘‘covered land’’ 

9 means— 


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1 (A) land designated as wilderness under 

2 paragraphs (20) through (22) of section 2(a) of 

3 the Colorado Wilderness Act of 1993 (16 

4 U.S.C. 1132 note; Public Law 103–77; 107 

5 Stat. 756); and 

6 (B) land in the Special Management Area. 

7 (2) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Agriculture. 

9 (3) SPECIAL MANAGEMENT AREA.—The term 

10 ‘‘Special Management Area’’ means the Sheep 

11 Mountain Special Management Area designated by 

12 section 4(a). 

13 (4) STATE.—The term ‘‘State’’ means the State 

14 of Colorado. 

15 SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRES16 ERVATION SYSTEM. 

17 Section 2(a) of the Colorado Wilderness Act of 1993 

18 (16 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 756) 

19 is amended by adding at the end the following: 

20 ‘‘(20) LIZARD HEAD WILDERNESS ADDITION.— 

21 Certain Federal land in the Grand Mesa, 

22 Uncompahgre, and Gunnison National Forests com23 prising approximately 3,350 acres, as generally de24 picted on the map entitled ‘Proposed Wilson, Sun25 shine, Black Face and San Bernardo Additions to 


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1 the Lizard Head Wilderness’ and dated December 1, 

2 2010, which is incorporated in, and shall be adminis3 tered as part of, the Lizard Head Wilderness. 

4 ‘‘(21) MOUNT SNEFFELS WILDERNESS ADDI5 TIONS.— 

6 ‘‘(A) LIBERTY BELL AND LAST DOLLAR

7 ADDITIONS.—Certain Federal land in the 

8 Grand Mesa, Uncompahgre, and Gunnison Na9 tional Forests comprising approximately 8,250 

10 acres, as generally depicted on the map entitled 

11 ‘Proposed Liberty Bell and Last Dollar Addi12 tions to the Mt. Sneffels Wilderness’ and dated 

13 December 1, 2010, which is incorporated in, 

14 and shall be administered as part of, the Mount 

15 Sneffels Wilderness. 

16 ‘‘(B) WHITEHOUSE ADDITIONS.—Certain 

17 Federal land in the Grand Mesa, Uncompahgre, 

18 and Gunnison National Forests comprising ap19 proximately 13,000 acres, as generally depicted 

20 on the map entitled ‘Proposed Whitehouse Ad21 ditions to the Mt. Sneffels Wilderness’ and 

22 dated December 1, 2010, which is incorporated 

23 in, and shall be administered as part of, the 

24 Mount Sneffels Wilderness. 


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1 ‘‘(22) MCKENNA PEAK WILDERNESS.—Certain 

2 Federal land in the State of Colorado comprising ap3 proximately 8,600 acres of Bureau of Land Manage4 ment land, as generally depicted on the map entitled 

5 ‘McKenna Peak Wilderness’ and dated November 

6 10, 2010, to be known as the ‘McKenna Peak Wil7 derness’.’’. 

8 SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA. 

9 (a) DESIGNATION.—Certain Federal land in the 

10 Grand Mesa, Uncompahgre, and Gunnison and San Juan 

11 National Forests comprising approximately 21,620 acres 

12 as generally depicted on the map entitled ‘‘Proposed Sheep 

13 Mountain Special Management Area’’ and dated Decem14 ber 2, 2010, is designated as the ‘‘Sheep Mountain Special 

15 Management Area’’. 

16 (b) PURPOSE.—The purpose of the Special Manage17 ment Area is to conserve and protect for the benefit and 

18 enjoyment of present and future generations the geologi19 cal, cultural, archaeological, paleontological, natural, sci20 entific, recreational, wilderness, wildlife, riparian, histor21 ical, educational, and scenic resources of the Special Man22 agement Area. 

23 (c) MANAGEMENT.— 

24 (1) IN GENERAL.—The Secretary shall manage 

25 the Special Management Area in a manner that— 


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1 (A) conserves, protects, and enhances the 

2 resources and values of the Special Manage3 ment Area described in subsection (b); 

4 (B) maintains or improves the wilderness 

5 character of the Special Management Area and 

6 the suitability of the Special Management Area 

7 for potential inclusion in the National Wilder8 ness Preservation System; and 

9 (C) is in accordance with— 

10 (i) the National Forest Management 

11 Act of 1976 (16 U.S.C. 1600 et seq.); 

12 (ii) this Act; and 

13 (iii) any other applicable laws. 

14 (2) PROHIBITIONS.—The following shall be pro15 hibited in the Special Management Area: 

16 (A) Permanent roads. 

17 (B) Except as necessary to meet the min18 imum requirements for the administration of 

19 the Federal land and to protect public health 

20 and safety— 

21 (i) the use of motor vehicles, motor22 ized equipment, or mechanical transport 

23 (other than provided in paragraph (3)); 

24 and 


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1 (ii) the establishment of temporary 

2 roads. 

3 (3) AUTHORIZED ACTIVITIES.— 

4 (A) IN GENERAL.—The Secretary may 

5 allow any activities (including helicopter access 

6 for recreation and maintenance) that have been 

7 authorized by permit or license as of the date 

8 of enactment of this Act to continue within the 

9 Special Management Area, subject to such 

10 terms and conditions as the Secretary may re11 quire. 

12 (B) PERMITTING.—The designation of the 

13 Special Management Area by subsection (a) 

14 shall not affect the issuance of permits relating 

15 to the activities covered under subparagraph 

16 (A) after the date of enactment of this Act. 

17 (d) WATER.— 

18 (1) EFFECT.—Nothing in this section— 

19 (A) affects the use or allocation, in exist20 ence on the date of enactment of this Act, of 

21 any water, water right, or interest in water; 

22 (B) affects any vested absolute or decreed 

23 conditional water right in existence on the date 

24 of enactment of this Act, including any water 

25 right held by the United States; 


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1 (C) affects any interstate water compact in 

2 existence on the date of enactment of this Act; 

3 (D) authorizes or imposes any new re4 served Federal water rights; or 

5 (E) shall be considered to be a relinquish6 ment or reduction of any water rights reserved 

7 or appropriated by the United States in the 

8 State on or before the date of enactment of this 

9 Act. 

10 (2) STATE WATER LAW.—The Secretary shall 

11 follow the procedural requirements of State law in 

12 order to obtain and hold any water rights not in ex13 istence on the date of enactment of this Act with re14 spect to the covered land. 

15 (3) NEW OR EXPANDED PROJECTS.—Notwith16 standing any other provision of law, beginning on 

17 the date of enactment of this Act, neither the Presi18 dent nor any other officer, employee, or agent of the 

19 United States shall fund, assist, authorize, or issue 

20 a license or permit for the development of any new 

21 irrigation and pumping facility, reservoir, water con22 servation work, aqueduct, canal, ditch, pipeline, well, 

23 hydropower project, transmission, other ancillary fa24 cility, or other water, diversion, storage, or carriage 

25 structure in the covered land. 


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1 SEC. 5. ADMINISTRATIVE PROVISIONS. 

2 (a) AUTHORIZED EVENTS.—The Secretary may con3 tinue to authorize the competitive running event permitted 

4 since 1992 in the vicinity of the Special Management Area 

5 and the Liberty Bell addition to the Mount Sneffels Wil6 derness designated by section 2(a)(21) of the Colorado 

7 Wilderness Act of 1993 (as added by section 3) in a man8 ner compatible with the preservation of the areas as wil9 derness. 

10 (b) FISH AND WILDLIFE.—Nothing in this Act af11 fects the jurisdiction or responsibility of the State with 

12 respect to fish and wildlife in the State. 

13 (c) NO BUFFER ZONES.— 

14 (1) IN GENERAL.—Nothing in this Act creates 

15 a protective perimeter or buffer zone around covered 

16 land. 

17 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

18 fact that a nonwilderness activity or use on land out19 side of the covered land can be seen or heard from 

20 within covered land shall not preclude the conduct of 

21 the activity or use outside the boundary of the cov22 ered land. 

23 (d) MAPS AND LEGAL DESCRIPTIONS.— 

24 (1) IN GENERAL.—As soon as practicable after 

25 the date of enactment of this Act, the Secretary or 

26 the Secretary of the Interior, as appropriate, shall 


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1 file a map and a legal description of each wilderness 

2 area designated by paragraphs (20) through (22) of 

3 section 2(a) of the Colorado Wilderness Act of 1993 

4 (as added by section 3) and the Special Management 

5 Area with— 

6 (A) the Committee on Natural Resources 

7 of the House of Representatives; and 

8 (B) the Committee on Energy and Natural 

9 Resources of the Senate. 

10 (2) FORCE OF LAW.—Each map and legal de11 scription filed under paragraph (1) shall have the 

12 same force and effect as if included in this Act, ex13 cept that the Secretary or the Secretary of the Inte14 rior, as appropriate, may correct clerical and typo15 graphical errors in each map and legal description. 

16 (3) PUBLIC AVAILABILITY.—Each map and 

17 legal description filed under paragraph (1) shall be 

18 on file and available for public inspection in the ap19 propriate offices of the Bureau of Land Management 

20 and the Forest Service. 

21 (e) ACQUISITION OF LAND.— 

22 (1) IN GENERAL.—The Secretary or the Sec23 retary of the Interior, as appropriate, may acquire 

24 any land or interest in land within the boundaries of 

25 the Special Management Area or the wilderness desVerDate Mar 15 2010 03:19 Sep 27, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1635.IS S1635

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1 ignated under paragraphs (20) through (22) of sec2 tion 2(a) of the Colorado Wilderness Act of 1993 (as 

3 added by section 3) only through exchange, dona4 tion, or purchase from a willing seller. 

5 (2) MANAGEMENT.—Any land or interest in 

6 land acquired under paragraph (1) shall be incor7 porated into, and administered as a part of, the wil8 derness or Special Management Area in which the 

9 land or interest in land is located. 

10 (f) GRAZING.—The grazing of livestock on covered 

11 land, if established before the date of enactment of this 

12 Act, shall be permitted to continue subject to such reason13 able regulations as are considered necessary by the Sec14 retary with jurisdiction over the covered land, in accord15 ance with— 

16 (1) section 4(d)(4) of the Wilderness Act (16 

17 U.S.C. 1133(d)(4)); and 

18 (2) the guidelines set forth in Appendix A of 

19 the report of the Committee on Interior and Insular 

20 Affairs of the House of Representatives accom21 panying H.R. 2570 of the 101st Congress (H. Rept. 

22 101–405) and H.R. 5487 of the 96th Congress (H. 

23 Rept. 96–617). 

24 (g) WITHDRAWAL.—Subject to valid rights in exist25 ence on the date of enactment of this Act, the covered 


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1 land and the approximately 6,600 acres generally depicted 

2 on the map entitled ‘‘Proposed Naturita Canyon Mineral 

3 Withdrawal Area’’ and dated January 26, 2010, is with4 drawn from— 

5 (1) entry, appropriation, and disposal under the 

6 public land laws; 

7 (2) location, entry, and patent under mining 

8 laws; and 

9 (3) operation of the mineral leasing, mineral 

10 materials, and geothermal leasing laws. 

11 SEC. 6. TECHNICAL CORRECTION. 

12 Subtitle E of title II of Public Law 111–11 (16 

13 U.S.C. 460zzz et seq.) is amended— 

14 (1) by redesignating section 2408 (16 U.S.C. 

15 460zzz–7) as section 2409; and 

16 (2) by inserting after section 2407 (16 U.S.C. 

17 460zzz–6) the following: 

18 ‘‘SEC. 2408. RELEASE. 

19 ‘‘(a) IN GENERAL.—Congress finds that, for the pur20 poses of section 603(c) of the Federal Land Policy and 

21 Management Act of 1976 (43 U.S.C. 1782(c)), the por22 tions of the Dominguez Canyon Wilderness Study Area 

23 not designated as wilderness by this subtitle have been 

24 adequately studied for wilderness designation. 


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1 ‘‘(b) RELEASE.—Any public land referred to in sub2 section (a) that is not designated as wilderness by this 

3 subtitle— 

4 ‘‘(1) is no longer subject to section 603(c) of 

5 the Federal Land Policy and Management Act of 

6 1976 (43 U.S.C. 1782(c)); and 

7 ‘‘(2) shall be managed in accordance with this 

8 subtitle and any other applicable laws.’’. 

Æ 


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