29–010 

Calendar No. 177 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–99 

SAN JUAN MOUNTAINS WILDERNESS 

SEPTEMBER 10, 2013.—Ordered to be printed 

Mr. WYDEN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 341] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 341) to designate certain lands in San Miguel, 

Ouray, and San Juan Counties, Colorado, as wilderness, and for 

other purposes, having considered the same, reports favorably 

thereon with amendments and recommends that the bill, as 

amended, do pass. 

The amendments are as follows: 

1. On page 3, line 9, strike ‘‘8,250’’ and insert ‘‘7,438’’. 

2. On page 3, line 13, strike ‘‘December 1, 2010’’ and insert ‘‘June 

11, 2013’’. 

3. On page 7, line 12, after ‘‘Special Management Area’’ insert ‘‘, 

the Liberty Bell East Special Management Area,’’. 

4. On page 10, line 11, strike ‘‘and’’ and insert a comma. 

5. On page 10, line 13, after ‘‘January 26, 2010,’’ insert ‘‘and the 

approximately 774 acres generally depicted on the map entitled 

‘Proposed Liberty Bell East Special Management Area’ and dated 

June 11, 2013’’. 

6. On page 10, between lines 20 and 21, insert the following: 

(h) PROHIBITION ON MOTORIZED AND MECHANIZED TRAV- EL IN THE LIBERTY BELL EAST SPECIAL MANAGEMENT

AREA.—Except as necessary to meet the minimum requirements for the administration of the covered land and to 

protect public health and safety, the use of motor vehicles, 

motorized equipment, or mechanical transport shall be 

prohibited in the approximately 774 acres generally depicted on the map entitled ‘‘Proposed Liberty Bell East 

Special Management Area’’ and dated June 11, 2013. 


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PURPOSE

The purpose of S. 341 is to designate certain Federal land in San 

Miguel, Ouray, and San Juan Counties, Colorado, as wilderness, to 

create a special management area, and to withdraw a portion of 

Naturita Canyon from entry, location, or other disposition under 

the public land and mining laws, and operation of the mineral leasing, mineral materials, and geothermal laws. 

BACKGROUND AND NEED

The San Juan and San Miguel Mountains of southwest Colorado 

provide some of the State’s most majestic scenery and remote wild 

areas. Some of this area already is protected as wilderness, including the 41,200-acre Lizard Head Wilderness and the 16,500-acre 

Mt. Sneffels Wilderness in the Uncompahgre and San Juan National Forests, but other wilderness-quality lands in the area are 

not congressionally protected. 

The San Juan Mountains Wilderness Act of 2013 was developed 

through a collaborative process that included wilderness advocates, 

county officials, motorized and mechanized recreation advocates, 

and others to protect more of the wilderness resources in the area 

while seeking to avoid potential conflicts with existing uses. S. 341 

would protect approximately 30,000 acres of Federal land as wilderness, approximately 20,000 acres as special management areas, 

and approximately 6,500 acres withdrawn from entry and disposal 

under the public land and mining laws and operation of the mineral leasing laws. 

LEGISLATIVE HISTORY

S. 341 was introduced by Senators Udall of Colorado and Bennet 

on February 14, 2013. The Subcommittee on Public Lands, Forests, 

and Mining held a hearing on S. 341 on April 25, 2013. At its business meeting on June 18, 2013, the Committee ordered the bill favorably reported with amendments. 

Similar bills were introduced in the 112th Congress (S. 1635) and 

in the 111th Congress (S. 2762). The Subcommittee on Public 

Lands and Forests held a hearing on S. 1635 on March 22, 2012 

(S. Hrg. 112–642), and S. 2762 on April 28, 2010 (S. Hrg. 111–744). 

COMMITTEE AMENDMENTS

At its business meeting on June 18, 2013, the Committee adopted six amendments to S. 341. The amendments reduce the acreage 

in the Mount Sneffels Wilderness additions, update a map reference, authorize continuation of a competitive running race in the 

Liberty Bell East Special Management Area, add the Liberty Bell 

East Special Management Area to the withdrawal, and prohibit 

motorized and mechanized travel in the Liberty Bell East Special 

Management Area. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on June 18, 2013, by a voice vote of a 

quorum present, recommends that the Senate pass S. 341, if 


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amended described herein. Senators Barrasso, Risch, Lee, Flake, 

Scott, Portman, and Hoeven asked to be recorded as voting no. 

SECTION-BY-SECTION ANALYSIS

Section 1 defines the short title of the bill, the ‘‘San Juan Mountains Wilderness Act’’. 

Section 2 defines the key terms used in the bill. 

Section 3 amends the Colorado Wilderness Act of 1993 to add approximately 32,388 acres to wilderness areas in the Grand Mesa, 

Uncompahgre, and Gunnison National Forests to the National Wilderness Preservation System. 

Section 4 designates 21,620 acres of Federal land in the Grand 

Mesa, Uncompahgre, and Gunnison and San Juan National Forests 

as the ‘‘Sheep Mountain Special Management Area’’. 

Subsection (b) clarifies that the purpose of the Special Management Area is to conserve and protect the area for future generations. 

Subsection (c)(1) requires the Secretary to manage the area in a 

way that conserves, protects, and enhances the resources and value 

of the Special Management Area in accordance with the National 

Forest Management Act of 1976 (16 U.S.C. 1600 et seq.). Paragraph (2) bans permanent roads, except for administrative and 

public health and safety purposes. Paragraph (3) authorizes the 

Secretary to allow previously permitted activities to continue, subject to such terms and conditions as the Secretary may require. 

Subsection (d) states that that all water and water rights in the 

Special Management Area are subject to section 8 of the Colorado 

Wilderness Act of 1993 (Public Law 103–77; 107 Stat. 762), and 

specifies a number of terms in that section that are to be considered as a reference to the ‘‘Special Management Area’’. 

Section 5(a) authorizes the Secretary to continue the competitive 

running event in the vicinity of the Special Management Area. 

Subsection (b) provides that nothing in the Act infringes on the 

State’s right to manage fish and wildlife jurisdiction, and subsection (c) provides that nothing in the Act creates a protective 

buffer zone, or prevents nonwilderness activity outside of the wilderness. 

Subsection (d) requires the Secretary to provide map and legal 

descriptions for the wilderness. 

Subsection (e) allows the Secretary to acquire land or interest in 

land within the boundaries of the Special Management Area, which 

will be incorporated and administered as a part of the Special Management Area. 

Subsection (f) ensures that grazing activity established before the 

enactment of the Act will be allowed to continue. 

Subsection (g) withdraws approximately 6,600 acres depicted on 

the map entitled ‘‘Proposed Naturita Canyon Mineral Withdrawal 

Area’’ and dated January 26, 2010, and the approximately 774 

acres depicted on the map entitled ‘‘Proposed Liberty Bell East 

Special Management Area’’ and dated June 11, 2013 from entry, 

appropriation, and disposal under the public land laws; location, 

entry, and patent under mining laws; and operation of the mineral 

leasing, mineral materials, and geothermal leasing laws. 


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Subsection (h) prohibits motorized and mechanized travel in the 

Liberty Bell East Special Management Area except for the administration of the area, and for public health and safety purposes. 

Section 6 includes technical corrections to Public Law 111–11 

and Congressional findings. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 341—San Juan Mountains Wilderness Act 

S. 341 would designate about 32,000 acres of federal land in Colorado as components of the National Wilderness Preservation System. The bill also would designate more than 21,000 acres of National Forest System land as a Special Management Area. Finally, 

under the bill, those areas, including the Naturita Canyon Area 

(approximately 6,600 acres), would be unavailable for development 

under mining and other resource development laws. 

Based on information provided by the Forest Service and the Bureau of Land Management, CBO estimates that implementing S. 

341 would have no significant impact on the federal budget. Enacting the legislation would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

Because the affected acreage is already protected for conservation and wilderness values, CBO estimates that implementing the 

bill would have no significant effect on administrative costs. Additionally, because the affected lands currently produce no income 

and are not expected to do so in the future, we estimate that enacting the bill would not affect direct spending or revenues. 

S. 341 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

The CBO staff contacts for this estimate are Maggie Morrissey 

and Jeff LaFave. The estimate was approved by Theresa Gullo, 

Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 341. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 341, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 341, as reported, does not contain any congressionally directed 

spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 


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EXECUTIVE COMMUNICATIONS

The testimony provided by the Bureau of Land Management and 

the Forest Service at the April 25, 2013, Subcommittee on Public 

Lands, Forests, and Mining hearing on S. 341 follows: 

STATEMENT OF JAMIE CONNELL, ACTING DEPUTY DIRECTOR, BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE

INTERIOR

Thank you for the invitation to testify on S. 341, the San 

Juan Mountains Wilderness Act. The Department of the 

Interior supports the wilderness designation of the McKenna Peak area on lands managed by the Bureau of Land 

Management (BLM). Additional protection for the McKenna Peak area was highlighted in Secretary Salazar’s November 2011 Preliminary Report to Congress on BLM 

Lands Deserving Protection as National Conservation 

Areas, Wilderness or Other Conservation Designations. We 

urge swift Congressional action to protect this special area. 

We defer to the Department of Agriculture regarding designations on lands managed by the U.S. Forest Service 

(FS). 

BACKGROUND

The McKenna Peak Wilderness Study Area (WSA) covers nearly 20,000 acres of BLM-managed lands in San 

Miguel and Dolores Counties in southwestern Colorado. 

This WSA is currently managed by the BLM to protect its 

wilderness characteristics while awaiting Congressional 

action. 

This area is rich in wildlife, including mule deer, elk, 

mountain lions, black bear, and a variety of raptors. The 

McKenna Peak area is also home to the Spring Creek wild 

horse herd. Geologically, the area is quite diverse and includes 100 million year-old remnants of inland seas (now 

black Mancos shale rich in invertebrate marine fossils). 

This area offers a wide variety of recreational opportunities, including hunting, hiking, horseback riding, 

snowshoeing, and cross-country skiing, all of which are 

compatible with this wilderness designation. 

S. 341

S. 341 is the result of a collaborative process, which has 

included the Colorado Congressional delegation, county 

commissioners, adjacent landowners, ranchers, conservationists, recreationists, and other interested parties. The 

results are the proposed wilderness designations on both 

BLM- and FS-managed lands in San Miguel, Ouray, and 

San Juan Counties. 

Section 3 of the bill designates 8,600 acres of the existing BLM-managed McKenna Peak WSA as wilderness. The 

BLM supports this designation. The legislation covers only 

those areas of the WSA in San Miguel County. The remaining almost 11,000 acres of the WSA, which include 

the eponymous McKenna Peak, are south of the proposed 


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wilderness in Dolores County and are not addressed in the 

legislation. These acres will remain in WSA status, pending Congressional action. The BLM and the Department 

support future designation of this area in order to improve 

the manageability of the area. The BLM is currently completing a careful review of the boundaries of the proposed 

wilderness area to ensure manageability and would welcome the opportunity to work with the sponsor on possible 

minor modifications. 

Section 6 of S. 341 provides for the release from WSA 

status of those portions of the Dominguez Canyon Wilderness Study Area that were not designated as Wilderness 

under Title II, Subtitle E of Public Law 111–11, the Omnibus Public Land Management Act of 2009. Section 2403 of 

that Act designated the Dominguez Canyon Wilderness 

Area. However, small portions of the underlying WSA totaling approximately 3,035 acres were neither designated 

wilderness nor released from WSA status, which would 

allow the consideration of a range of multiple uses. This 

release would benefit the BLM’s ongoing management by 

removing narrow strips and scattered tracts of remaining 

WSA. These areas remain within the Dominguez-Escalante 

National Conservation Area (NCA), also designated by 

Public Law 111–11 and will be managed consistent with 

the rest of the NCA. 

CONCLUSION

Thank you for the opportunity to testify in support of S. 

341. We look forward to its swift passage and to welcoming 

the covered area into the BLM’s National Landscape Conservation System. 

STATEMENT OF JAMES M. PEN ̃ A, ASSOCIATE DEPUTY CHIEF, NATIONAL FOREST SYSTEM, FOREST SERVICE, DEPART- MENT OF AGRICULTURE

Mr. Chairman, Ranking Member Barrasso, and members of the Committee, thank you for inviting me here 

today to testify regarding S. 341, the San Juan Mountains 

Wilderness Act. 

The Department supports S. 341 and would like to offer 

minor modifications to the bill that would enhance wilderness values, clarify the special management area designation, and improve our ability to manage resources in the 

area. We thank Senator Udall for his collaborative approach and appreciate the local involvement that has contributed to the wide support in Colorado for this bill. 

The Department defers to the Department of the Interior in regard to the proposal to designate approximately 

8,600 acres of Bureau of Land Management (BLM) lands 

as the McKenna Peak Wilderness. 

S. 341 would designate nine parcels of the Grand Mesa, 

Uncompahgre and Gunnison National Forests as wilderness under the National Wilderness Preservation System. 

These areas, totaling approximately 24,400 acres, encomVerDate Mar 15 2010 23:44 Sep 12, 2013 Jkt 029010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR099.XXX SR099

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pass some of Colorado’s most majestic, remote landscapes 

with many abundant wildlife species including elk, deer, 

bighorn sheep, bears and a variety of birds. Several worldclass trout streams are also found in the areas. These 

areas also provide opportunities to experience solitude and 

primitive recreation use for members of the public seeking 

areas to connect with nature. 

These parcels would be additions to two existing wildernesses: Lizard Head and Mount Sneffels. In addition, S. 

341 would designate the Sheep Mountain area as a Special 

Management Area to be managed to maintain the area’s 

existing wilderness character and potential for inclusion in 

the National Wilderness Preservation System. Also, S. 341 

would provide for a mineral withdrawal within a portion 

of Naturita Canyon. 

LIZARD HEAD WILDERNESS ADDITIONS

The Lizard Head Wilderness lies astride the spectacular 

San Miguel Mountains, 10 miles southwest of Telluride, 

Colorado on the Uncompahgre and San Juan National Forests. Elevations in the area range from 9,500 to over 

14,000 feet. The wilderness is evenly split between the two 

national forests and is 41,200 acres in size. 

The proposed wilderness additions include five parcels, 

encompassing approximately 3,150 acres of National Forest System lands adjacent to the existing wilderness. 

Though neither of the Forest Plans recommends these 

areas for wilderness designation, wilderness designation 

would be consistent with current management of the area. 

No summer motorized recreation is currently allowed and 

effects to winter motorized recreation will be minimal as 

there is very little snowmobile use of the area. 

MOUNT SNEFFELS WILDERNESS ADDITIONS

The Mount Sneffels Wilderness comprises more than 

16,500 acres on the Uncompahgre National Forest between 

the communities of Telluride and Ouray, Colorado. Elevations range from 9,600 to 14,150 feet at the top of Mount 

Sneffels. 

The proposed wilderness additions include four parcels 

that encompass approximately 21,250 acres of National 

Forest System land adjacent to the existing wilderness. As 

with the Lizard Head Additions, even though this area 

was not recommended as wilderness in the Forest Plan, 

designation is generally aligned with forest plan direction 

and will have minimal effects on summer and winter 

recreation. 

We would like to work with the subcommittee to address 

some technical aspects of the bill. We recommend changing 

the wilderness boundary near Telluride to provide for a 

more definitive boundary by following a cliff formation, following a more recognizable topographic feature for the wilderness boundary. 


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SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA

S. 341 would also designate an area of about 21,600 

acres of NFS land that lies south of the town of Ophir, Colorado as a special management area. About 10,850 acres 

are within the Uncompahgre National Forest and about 

10,750 acres are within the San Juan National Forest. 

This area contains some lands purchased recently with 

funds provided by Congress as part of the Ophir Valley 

Land and Water Conservation Fund project. 

Elevations in the area range from 10,200 to almost 

13,900 feet at the top of Vermillion Peak. The area is 

dense with spruce and fir trees at the lower elevations. 

Above timberline are high alpine valleys with numerous 

lakes, tarns and waterfalls beneath dramatic 13,000-foot 

peaks and serrated ridges. The Forest Plans identify half 

of the area to be managed for semi-primitive non-motorized recreation and the other half for other recreation purposes. 

The Department recognizes the desire of the bill sponsors to preserve the characteristics of Sheep Mountain as 

a Special Management Area for potential designation as 

wilderness. With respect to water rights and water development, Section 4(d)(3) would prohibit new water development projects in the special management area. This provision is more restrictive than section 4(d)(4) of the Wilderness Act under which the President of the United States 

may exercise discretion to authorize such facilities within 

designated wilderness areas if they are determined to be 

in the public interest. We support amending this provision 

so that it is consistent with the discretion authorized by 

the Wilderness Act. 

NATURITA CANYON WITHDRAWAL

S. 341 would also provide for a withdrawal on approximately 6,600 acres of National Forest System lands within 

Naturita Canyon on the Uncompahgre National Forest. 

This is an area important to local residents and is about 

five miles south of the community of Norwood, Colorado. 

Naturita Canyon is a relatively low-elevation river drainage (7,000 feet) with steep canyon walls that tower 1,000 

feet. There are no current leases within the area proposed 

for withdrawal. Impacts on available oil and gas resources 

for this withdrawal are unknown. Further exploration information would be needed for a conclusive assessment. 

This concludes my testimony and I would be happy to 

answer any questions that you may have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

341, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 


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COLORADO WILDERNESS ACT OF 1993 

Public Law 103–77 

AN ACT To designate certain lands in the State of Colorado as components of the 

National Wilderness Preservation System, and for other purposes. 

* * * * * * * 

SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM. 

(a) ADDITIONS.—The following lands in the State of Colorado are 

hereby designated as wilderness and, therefore, as components of 

the National Wilderness Preservation System: 

* * * * * * * 

(19) Certain lands in the Arapaho National Forest which 

comprise approximately 6,990 acres, as generally depicted on a 

map entitled ‘‘Bowen Gulch Additions to Never Summer Wilderness Proposal’’, dated January, 1993, an which are hereby 

incorporated in and shall be deemed to be a part of the Never 

Summer Wilderness designated by Public Law 96–560. 

(20) LIZARD HEAD WILDERNESS ADDITION.—Certain Federal 

land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,350 acres, as generally depicted on the map entitled ‘‘Proposed Wilson, Sunshine, 

Black Face and San Bernardo Additions to the Lizard Head 

Wilderness’’ and dated December 1, 2010, which is incorporated 

in, and shall be administered as part of, the Lizard Head Wilderness. 

(21) MOUNT SNEFFELS WILDERNESS ADDITIONS.— 

(A) LIBERTY BELL AND LAST DOLLAR ADDITIONS.—Certain 

Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 7,438 

acres, as generally depicted on the map entitled ‘‘Proposed 

Liberty Bell and Last Dollar Additions to the Mt. Sneffels 

Wilderness’’ and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Mount 

Sneffels Wilderness. 

(B) WHITEHOUSE ADDITIONS.—Certain Federal land in 

the Grand Mesa, Uncompahgre, and Gunnison National 

Forests comprising approximately 13,000 acres, as generally depicted on the map entitled ‘‘Proposed Whitehouse 

Additions to the Mt. Sneffels Wilderness’’ and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. 

(22) MCKENNA PEAK WILDERNESS.—Certain Federal land in 

the State of Colorado comprising approximately 8,600 acres of 

Bureau of Land Management land, as generally depicted on the 

map entitled ‘‘McKenna Peak Wilderness’’ and dated November 

10, 2010, to be known as the ‘‘McKenna Peak Wilderness’’. 

Æ 


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