II 

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. 

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 ‘‘Hermosa Creek Water5 shed Protection Act of 2013’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the ecological health and integrity of the 

4 Hermosa Creek Watershed and the economic health 

5 of the surrounding communities that rely on the Wa6 tershed are connected; 

7 (2) the Watershed— 

8 (A) is the only area in the State that is not 

9 a unit of National Wilderness Preservation Sys10 tem to achieve a designation of outstanding 

11 waters by the State; 

12 (B) provides a crucial source of clean 

13 drinking water for the residents of the Animas 

14 River Valley and the city of Durango, Colorado; 

15 and 

16 (C) provides high quality agricultural 

17 water supplies from Hermosa Creek and the 

18 Animas River; 

19 (3) the Watershed helps ensure the economic 

20 prosperity of local communities in the area that de21 pend on the Watershed for water supplies, recre22 ation, hunting, fishing, hiking, biking, camping, ski23 ing and related winter activities, off-road vehicle 

24 travel, scientific research, mineral extraction, and 

25 sustainable natural resource development; 


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1 (4) the world-class Hermosa Creek trail net2 work contains outstanding single track mountain 

3 bike riding, backcountry hiking, equestrian riding, 

4 and motorcycle riding; 

5 (5) the Watershed provides visitors the oppor6 tunity to enjoy the tremendous scenic, natural, cul7 tural, and recreational resources of the area; 

8 (6) ecologically sustainable grazing has been 

9 conducted in a manner that has preserved the high 

10 quality of the Watershed; 

11 (7) the native Colorado River cutthroat trout 

12 fishery located in the Watershed— 

13 (A) is one of the most important fisheries 

14 in the State; 

15 (B) is crucial for the long-term survival of 

16 the cutthroat trout; and 

17 (C) provides an opportunity for anglers to 

18 have a catch and release fishery for the cut19 throat trout; 

20 (8) the work of Colorado Parks and Wildlife to 

21 enhance the fishery referred to in paragraph (7) has 

22 been a tremendous success and a great example of 

23 cooperative conservation efforts to recover an imper24 iled species of fish; 

25 (9) the Watershed— 


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1 (A) provides some of the best backcountry 

2 elk habitat in the State; and 

3 (B) supports outstanding hunting opportu4 nities; 

5 (10) the large areas of undisturbed forest in the 

6 Watershed (including some of the best stands of old 

7 growth ponderosa pine in the State) provide excel8 lent wildlife habitat and excellent opportunities for 

9 solitude and backcountry recreation; and 

10 (11) designation of the Hermosa Creek Wilder11 ness Area, Watershed Protection Area, and Special 

12 Management Area would protect those areas in per13 petuity for the benefit of the people of the United 

14 States. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) COUNTY.—The term ‘‘County’’ means La 

18 Plata County, Colorado. 

19 (2) MAP.—The term ‘‘Map’’ means the map en20 titled ‘‘Hermosa Creek Proposed Watershed Protec21 tion Area, 2012’’ and dated March 28, 2012. 

22 (3) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Agriculture. 

24 (4) SPECIAL MANAGEMENT AREA.—The term 

25 ‘‘Special Management Area’’ means the Hermosa 


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1 Creek Special Management Area designated by sec2 tion 5(a). 

3 (5) STATE.—The term ‘‘State’’ means the State 

4 of Colorado. 

5 (6) WATERSHED PROTECTION AREA.—The 

6 term ‘‘Watershed Protection Area’’ means the 

7 Hermosa Creek Watershed Protection Area des8 ignated by section 4(a). 

9 SEC. 4. DESIGNATION OF HERMOSA CREEK WATERSHED 

10 PROTECTION AREA. 

11 (a) DESIGNATION.—Certain Federal land in the San 

12 Juan National Forest comprising approximately 107,886 

13 acres, as generally depicted on the Map, is designated as 

14 the ‘‘Hermosa Creek Watershed Protection Area’’. 

15 (b) PURPOSES.—The purposes of the Watershed Pro16 tection Area are— 

17 (1) to maintain the cultural, economic, and eco18 logical health of the Hermosa Creek Watershed and 

19 the surrounding communities that rely on the Wa20 tershed; 

21 (2) to protect the purity of water that comes 

22 from the Hermosa Creek Watershed and supplies 

23 residents of the Animas River Valley and the city of 

24 Durango, Colorado, with clean drinking water; 


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1 (3) to protect the purity of, and water supply 

2 from, the Hermosa Creek Watershed for agricultural 

3 purposes, including irrigation and stockwater uses; 

4 (4) to enhance the economic prosperity of local 

5 communities in the area who depend on the area for 

6 water, recreation, and sustainable natural resource 

7 uses; 

8 (5) to protect and provide visitors the oppor9 tunity to enjoy the recreational, geological, cultural, 

10 natural, scientific, recreational, wildlife, riparian, 

11 historical, educational, and scenic resources of the 

12 Watershed; 

13 (6) to provide world class opportunities for ski14 ing, biking, hiking, fishing, hunting, horseback 

15 riding, snowmobiling, motorcycle riding, 

16 snowshoeing, and camping; 

17 (7) to provide for economic and natural re18 source development (including sustainable grazing, 

19 vegetation management, beneficial uses of water, 

20 and mineral extraction) in a manner consistent with 

21 protecting the overall integrity of the Watershed; 

22 (8) to protect the native Colorado River cut23 throat trout fishery located in the Watershed; 

24 (9) to designate the Hermosa Creek Wilderness 

25 Area and the Special Management Area; and 


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1 (10) to conserve, protect, and manage for a 

2 healthy Hermosa Creek Watershed for the long-term 

3 ecological integrity of the Watershed and the long4 term economic health of surrounding communities 

5 by allowing sustainable economic development and 

6 traditional natural resource development in a matter 

7 consistent with the purposes described in paragraphs 

8 (1) through (9). 

9 SEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MAN10 AGEMENT AREA. 

11 (a) DESIGNATION.—Subject to valid existing rights, 

12 certain Federal land in the San Juan National Forest 

13 comprising approximately 68,289 acres, as generally de14 picted on the Map, is designated as the ‘‘Hermosa Creek 

15 Special Management Area’’. 

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

18 present and future generations the watershed, geological, 

19 cultural, natural, scientific, recreational, wildlife, riparian, 

20 historical, educational, and scenic resources and values of 

21 the Special Management Area. 

22 (c) ADMINISTRATION.— 

23 (1) IN GENERAL.—The Secretary shall admin24 ister the Special Management Area— 

25 (A) in a manner that— 


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1 (i) conserves, protects, and enhances 

2 the resources and values of the Special 

3 Management Area described in subsection 

4 (b); and 

5 (ii) protects a viable population of 

6 Colorado River Cutthroat Trout; and 

7 (B) in accordance with— 

8 (i) the National Forest Management 

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

10 (ii) this Act; and 

11 (iii) any other applicable laws. 

12 (2) USES.— 

13 (A) IN GENERAL.—The Secretary shall 

14 allow only such uses of the Special Management 

15 Area that the Secretary determines would fur16 ther the purposes described in subsection (b). 

17 (B) MOTORIZED VEHICLES.— 

18 (i) IN GENERAL.—Except as provided 

19 in clause (ii) and as needed for administra20 tive purposes or to respond to an emer21 gency, the use of motorized vehicles in the 

22 Special Management Area shall be per23 mitted only on roads and trails designated 

24 for use by such vehicles by the Secretary. 


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1 (ii) OVER-SNOW VEHICLES.—The Sec2 retary may authorize the use of snowmo3 biles and other over-snow vehicles within 

4 the Special Management Area— 

5 (I) during periods of adequate 

6 snow cover during the winter season; 

7 and 

8 (II) subject to such terms and 

9 conditions as the Secretary may re10 quire. 

11 (C) GRAZING.—The Secretary shall permit 

12 grazing within the Special Management Area, 

13 where established before the date of enactment 

14 of this Act subject to all applicable laws (includ15 ing regulations) and Executive orders. 

16 (D) PROHIBITED ACTIVITIES.—Within the 

17 area of the Special Management Area identified 

18 on the Map as ‘‘East Hermosa Area’’ the fol19 lowing activities shall be prohibited: 

20 (i) New permanent or temporary road 

21 construction or the renovation of existing 

22 nonsystem roads, except as allowed under 

23 the final rule entitled ‘‘Special Areas; 

24 Roadless Area Conservation; Applicability 


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1 to the National Forests in Colorado’’ (77 

2 Fed. Reg. 39576 (July 3, 2012)). 

3 (ii) Projects undertaken for the pur4 pose of harvesting commercial timber 

5 (other than activities relating to the har6 vest of merchantable products that are by7 products of activities conducted for ecologi8 cal restoration or to further the purposes 

9 described in this Act). 

10 (d) MAP AND LEGAL DESCRIPTION.— 

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

12 the date of enactment of this Act, the Secretary 

13 shall prepare a map and a legal description of the 

14 Special Management Area. 

15 (2) FORCE OF LAW.—The map and legal de16 scription prepared under paragraph (1) shall have 

17 the same force and effect as if included in this Act, 

18 except that the Secretary may correct clerical and 

19 typographical errors in the map and legal descrip20 tion. 

21 (3) PUBLIC AVAILABILITY.—The map and legal 

22 description prepared under paragraph (1) shall be 

23 on file and available for public inspection in the ap24 propriate offices of the Forest Service. 


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1 (e) INCORPORATION OF ACQUIRED LAND AND INTER2 ESTS IN LAND.—Any land or interest in land that is ac3 quired by the United States within the boundary of the 

4 Special Management Area shall— 

5 (1) become part of the Special Management 

6 Area; 

7 (2) be withdrawn in accordance with subsection 

8 (h); and 

9 (3) be managed in accordance with— 

10 (A) this Act; and 

11 (B) any other applicable laws. 

12 (f) FISH AND WILDLIFE.—Nothing in this Act af13 fects the jurisdiction or responsibility of the State with 

14 respect to fish and wildlife in the State. 

15 (g) STATE AND FEDERAL WATER MANAGEMENT.— 

16 Nothing in this section affects the potential for develop17 ment, operation, or maintenance of a water storage res18 ervoir at the site in the Special Management Area that 

19 is identified in— 

20 (1) pages 17 through 20 of the Statewide 

21 Water Supply Initiative studies prepared by the Col22 orado Water Conservation Board and issued by the 

23 State in November 2004; and 


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1 (2) page 27 of the Colorado Dam Site Inven2 tory prepared by the Colorado Water Conservation 

3 Board and dated August 1996. 

4 (h) WITHDRAWAL.—Subject to valid rights in exist5 ence on the date of enactment of this Act, the Federal 

6 land within the Special Management Area is withdrawn 

7 from— 

8 (1) all forms of entry, appropriation, and dis9 posal under the public land laws; 

10 (2) location, entry, and patent under the mining 

11 laws; and 

12 (3) operation of the mineral leasing, mineral 

13 materials, and geothermal leasing laws. 

14 (i) ADJACENT MANAGEMENT.— 

15 (1) IN GENERAL.—The Special Management 

16 Area designated by subsection (a) or the wilderness 

17 designated by section 2(a)(22) of the Colorado Wil18 derness Act of 1993 (16 U.S.C. 1132 note; Public 

19 Law 103–77; 107 Stat. 756, 114 Stat. 1955, 116 

20 Stat. 1055) (as added by section 6(a)) shall not cre21 ate a protective perimeter or buffer zone around the 

22 Special Management Area or wilderness. 

23 (2) NONWILDERNESS ACTIVITIES.—The fact 

24 that nonwilderness activities or uses can be seen or 

25 heard from areas within the wilderness designated 


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1 by section 2(a)(22) of the Colorado Wilderness Act 

2 of 1993 (16 U.S.C. 1132 note; Public Law 103–77; 

3 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as 

4 added by section 6(a)) shall not preclude the con5 duct of the activities or uses outside the boundary 

6 of the wilderness. 

7 (j) WINTER SKIING AND RELATED WINTER ACTIVI8 TIES.—Nothing in this Act alters or limits— 

9 (1) a permit held by a ski area; 

10 (2) the implementation of the activities gov11 erned by a ski area permit; or 

12 (3) the authority of the Secretary to modify or 

13 expand an existing ski area permit. 

14 (k) VEGETATION MANAGEMENT.—Nothing in this 

15 section prevents the Secretary from conducting vegetation 

16 management projects within the Special Management 

17 Area— 

18 (1) subject to— 

19 (A) such reasonable regulations, policies, 

20 and practices as the Secretary determines ap21 propriate; and 

22 (B) all applicable laws (including regula23 tions); and 

24 (2) in a manner consistent with— 


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1 (A) the purposes described in subsection 

2 (b); and 

3 (B) this section. 

4 (l) WILDFIRE, INSECT, AND DISEASE MANAGE5 MENT.—Consistent with this section, the Secretary may 

6 take any measures that the Secretary determines to be 

7 necessary to control fire, insects, and diseases in the Spe8 cial Management Area, including, as the Secretary deter9 mines to be appropriate, the coordination of the measures 

10 with the State or a local agency. 

11 (m) MANAGEMENT PLAN.—Not later than 3 years 

12 after the date of enactment of this Act, the Secretary shall 

13 develop a management plan for the long-term protection 

14 and management of the Special Management Area that— 

15 (1) takes into account public input; and 

16 (2) includes a certification by the Secretary 

17 that there are adequate opportunities in the Special 

18 Management Area for each of the recreational op19 portunities referred to in section 4(b)(6). 

20 SEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRES21 ERVATION SYSTEM. 

22 (a) DESIGNATION OF WILDERNESS.—Section 2(a) of 

23 the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 

24 note; Public Law 103–77; 107 Stat. 756, 114 Stat. 1955, 


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1 116 Stat. 1055) is amended by adding at the end the fol2 lowing: 

3 ‘‘(22) Certain land within the San Juan Na4 tional Forest which comprise approximately 37,236 

5 acres, as generally depicted on the map entitled 

6 ‘Hermosa Creek Proposed Watershed Protection 

7 Area, 2012’ and dated March 28, 2012, and which 

8 shall be known as the ‘Hermosa Creek Wilder9 ness’.’’. 

10 (b) EFFECTIVE DATE.—Any reference in the Wilder11 ness Act (16 U.S.C. 1131 et seq.) to the effective date 

12 of that Act shall be considered to be a reference to the 

13 date of enactment of this Act for purposes of admin14 istering the wilderness area designated by section 2(a)(22) 

15 of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 

16 note; Public Law 103–77; 107 Stat. 756, 114 Stat. 1955, 

17 116 Stat. 1055) (as added by subsection (a)). 

18 (c) FIRE, INSECTS, AND DISEASES.—As provided in 

19 section 4(d)(1) of the Wilderness Act (16 U.S.C. 

20 1133(d)(1)), within the wilderness areas designated by 

21 section 2(a)(22) of the Colorado Wilderness Act of 1993 

22 (16 U.S.C. 1132 note; Public Law 103–77; 107 Stat. 756, 

23 114 Stat. 1955, 116 Stat. 1055) (as added by subsection 

24 (a)), the Secretary may take any measure that the Sec25 retary determines to be necessary to control fire, insects, 


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1 and diseases, subject to such terms and conditions as the 

2 Secretary determines to be appropriate. 

3 SEC. 7. DURANGO AREA MINERAL WITHDRAWAL. 

4 (a) WITHDRAWAL.—Subject to valid existing rights, 

5 the land and mineral interests described in subsection (b) 

6 are withdrawn from all forms of— 

7 (1) entry, appropriation, or disposal under pub8 lic land laws; 

9 (2) location, entry, and patent under the mining 

10 laws; and 

11 (3) disposition under all laws relating to min12 eral leasing, geothermal leasing, or mineral mate13 rials. 

14 (b) DESCRIPTION OF LAND AND MINERAL INTER15 ESTS.—The land and mineral interests referred to in sub16 section (a) are— 

17 (1) the approximately 13,086 acres of Federal 

18 land depicted on the map entitled ‘‘Perins Peak & 

19 Animas City Mountain, Horse Gulch and Lake 

20 Nighthorse mineral withdrawal’’ and dated April 5, 

21 2013; and 

22 (2) all Federal mineral interests contained with23 in the boundaries of the map described in paragraph 

24 (1). 

25 (c) BUFFER.—Nothing in this section may require— 


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1 (1) the creation of a protective perimeter or 

2 buffer area outside the boundaries of the withdrawal 

3 area described in subsection (b); or 

4 (2) any prohibition on activities outside of the 

5 boundaries of the withdrawal area described in sub6 section (b) that can be seen or heard from within 

7 the boundaries of the withdrawal area. 

8 SEC. 8. CONVEYANCE OF BUREAU OF LAND MANAGEMENT 

9 LAND TO LA PLATA COUNTY. 

10 (a) IN GENERAL.—On the expiration of the permit 

11 numbered COC 64651 (09) and dated February 24, 2009, 

12 the Secretary of the Interior shall convey to the County, 

13 without consideration and subject to valid existing rights, 

14 all right, title, and interest of the United States in and 

15 to the land described in subsection (b). 

16 (b) DESCRIPTION OF LAND.—The land referred to in 

17 subsection (a) consists of approximately 111 acres of land 

18 managed by the Bureau of Land Management, Tres Rios 

19 District, Colorado, as generally depicted on the map enti20 tled ‘‘La Plata County Grandview Conveyance’’ and dated 

21 March 27, 2013. 

22 (c) MAP AND LEGAL DESCRIPTION.— 

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

24 the date of enactment of this Act, the Secretary of 


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1 the Interior shall finalize the legal description of the 

2 parcel to be conveyed under this section. 

3 (2) MINOR ERRORS.—The Secretary of the In4 terior may correct any minor error in— 

5 (A) the map; or 

6 (B) the legal description. 

7 (3) AVAILABILITY.—The map and legal descrip8 tion shall be on file and available for public inspec9 tion in the appropriate offices of the Bureau of 

10 Land Management. 

11 (d) USE OF CONVEYED LAND.—The land conveyed 

12 under this section shall be used only for any public pur13 pose consistent with uses allowed under the Act of June 

14 14, 1926 (commonly known as the ‘‘Recreation and Public 

15 Purposes Act’’) (43 U.S.C. 869 et seq.). 

16 (e) ADMINISTRATIVE COSTS.—The Secretary of the 

17 Interior shall require the County to pay all survey costs 

18 and other administrative costs necessary for the prepara19 tion and completion of any patents for, and transfers of 

20 title to, the land described in subsection (b). 

21 (f) CONDITIONS.—As a condition of the conveyance 

22 under subsection (a), the County shall agree in writing 

23 to pay any administrative costs associated with the convey24 ance including the costs of any environmental, wildlife, 

25 cultural, or historical resources studies. 


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1 SEC. 9. RELEASE OF WILDERNESS STUDY AREAS. 

2 (a) FINDING.—Congress finds that the land de3 scribed in subsection (c) has been adequately studied for 

4 wilderness designation under section 603 of the Federal 

5 Land Policy and Management Act of 1976 (43 U.S.C. 

6 1782). 

7 (b) RELEASE.—The land described in subsection 

8 (c)— 

9 (1) is no longer subject to section 603(c) of the 

10 Federal Land Policy and Management Act of 1976 

11 (43 U.S.C. 1782(c)); and 

12 (2) shall be managed in accordance with land 

13 management plans adopted under section 202 of 

14 that Act (43 U.S.C. 1712). 

15 (c) DESCRIPTION OF LAND.—The land referred to in 

16 subsections (a) and (b) is the approximately 461 acres of 

17 land in the West Needles Contiguous Wilderness Study 

18 Area of San Juan County, Colorado, that is depicted on 

19 the map entitled ‘‘West Needles Contiguous Wilderness 

20 Study Area Release Area’’ and dated April 5, 2013. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Hermosa Creek Water23 shed Protection Act of 2014’’. 

24 SEC. 2. DEFINITIONS. 

25 In this Act: 


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1 (1) CITY.—The term ‘‘City’’ means the city of 

2 Durango, Colorado. 

3 (2) COUNTY.—The term ‘‘County’’ means La 

4 Plata County, Colorado. 

5 (3) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Agriculture. 

7 (4) SPECIAL MANAGEMENT AREA.—The term 

8 ‘‘Special Management Area’’ means the Hermosa 

9 Creek Special Management Area designated by section 

10 3(a). 

11 (5) STATE.—The term ‘‘State’’ means the State 

12 of Colorado. 

13 SEC. 3. DESIGNATION OF HERMOSA CREEK SPECIAL MAN14 AGEMENT AREA. 

15 (a) DESIGNATION.—Subject to valid existing rights, 

16 certain Federal land in the San Juan National Forest com17 prising approximately 70,650 acres, as generally depicted 

18 on the map entitled ‘‘Proposed Hermosa Creek Special 

19 Management Area and Proposed Hermosa Creek Wilderness 

20 Area’’ and dated November 12, 2014, is designated as the 

21 ‘‘Hermosa Creek Special Management Area’’. 

22 (b) PURPOSE.—The purpose of the Special Manage23 ment Area is to conserve and protect for the benefit of 

24 present and future generations the watershed, geological, 

25 cultural, natural, scientific, recreational, wildlife, riparian, 


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1 historical, educational, and scenic resources of the Special 

2 Management Area. 

3 (c) ADMINISTRATION.— 

4 (1) IN GENERAL.—The Secretary shall admin5 ister the Special Management Area— 

6 (A) in a manner that conserves, protects, 

7 and manages the resources of the Special Man8 agement Area described in subsection (b); and 

9 (B) 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) USES.— 

15 (A) IN GENERAL.—The Secretary shall 

16 allow only such uses of the Special Management 

17 Area as the Secretary determines would further 

18 the purposes described in subsection (b). 

19 (B) MOTORIZED AND MECHANIZED VEHI20 CLES.— 

21 (i) IN GENERAL.—Except as provided 

22 in clause (ii) and as needed for administra23 tive purposes or to respond to an emer24 gency, the use of motorized or mechanized 

25 vehicles in the Special Management Area 


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1 shall be permitted only on roads and trails 

2 designated by the Secretary for use by those 

3 vehicles. 

4 (ii) OVERSNOW VEHICLES.—The Sec5 retary shall authorize the use of snowmo6 biles and other oversnow vehicles within the 

7 Special Management Area— 

8 (I) when there exists adequate 

9 snow coverage; and 

10 (II) subject to such terms and con11 ditions as the Secretary may require. 

12 (C) GRAZING.—The Secretary shall permit 

13 grazing within the Special Management Area, if 

14 established before the date of enactment of this 

15 Act, subject to all applicable laws (including reg16 ulations) and Executive orders. 

17 (D) PROHIBITED ACTIVITIES.—Within the 

18 area of the Special Management Area identified 

19 as ‘‘East Hermosa Area’’ on the map entitled 

20 ‘‘Proposed Hermosa Creek Special Management 

21 Area and Proposed Hermosa Creek Wilderness 

22 Area’’ and dated November 12, 2014, the fol23 lowing activities shall be prohibited: 

24 (i) New permanent or temporary road 

25 construction or the renovation of existing 


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1 nonsystem roads, except as allowed under 

2 the final rule entitled ‘‘Special Areas; 

3 Roadless Area Conservation; Applicability 

4 to the National Forests in Colorado’’ (77 

5 Fed. Reg. 39576 (July 3, 2012)). 

6 (ii) Projects undertaken for the purpose 

7 of harvesting commercial timber (other than 

8 activities relating to the harvest of mer9 chantable products that are byproducts of 

10 activities conducted for ecological restora11 tion or to further the purposes described in 

12 this Act). 

13 (d) STATE AND FEDERAL WATER MANAGEMENT.— 

14 Nothing in this section affects the potential for development, 

15 operation, or maintenance of a water storage reservoir at 

16 the site in the Special Management Area that is identified 

17 in— 

18 (1) pages 17 through 20 of the Statewide Water 

19 Supply Initiative studies prepared by the Colorado 

20 Water Conservation Board and issued by the State in 

21 November 2004; and 

22 (2) page 27 of the Colorado Dam Site Inventory 

23 prepared by the Colorado Water Conservation Board 

24 and dated August 1996. 

25 (e) WITHDRAWAL.— 


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1 (1) IN GENERAL.—Subject to valid rights in ex2 istence on the date of enactment of this Act and except 

3 as provided in paragraph (2), the Federal land with4 in the Special Management Area is withdrawn 

5 from— 

6 (A) all forms of entry, appropriation, and 

7 disposal under the public land laws; 

8 (B) location, entry, and patent under the 

9 mining laws; and 

10 (C) operation of the mineral leasing, min11 eral materials, and geothermal leasing laws. 

12 (2) EXCEPTION.—The withdrawal under para13 graph (1) shall not apply to the areas identified as 

14 parcels A and B on the map entitled ‘‘Proposed 

15 Hermosa Creek Special Management Area and Pro16 posed Hermosa Creek Wilderness Area’’ and dated 

17 November 12, 2014. 

18 (f) WINTER SKIING AND RELATED WINTER ACTIVI19 TIES.—Nothing in this section alters or limits— 

20 (1) a permit held by a ski area; 

21 (2) the implementation of the activities governed 

22 by a ski area permit; or 

23 (3) the authority of the Secretary to modify or 

24 expand an existing ski area permit. 


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1 (g) VEGETATION MANAGEMENT.—Nothing in this sec2 tion prevents the Secretary from conducting vegetation 

3 management projects within the Special Management 

4 Area— 

5 (1) subject to— 

6 (A) such reasonable regulations, policies, 

7 and practices as the Secretary determines to be 

8 appropriate; and 

9 (B) all applicable laws (including regula10 tions); and 

11 (2) in a manner consistent with— 

12 (A) the purposes described in subsections (b) 

13 and (h); and 

14 (B) this section. 

15 (h) WILDFIRE, INSECT, AND DISEASE MANAGE16 MENT.—In accordance with this section, the Secretary 

17 may— 

18 (1) carry out any measures that the Secretary 

19 determines to be necessary to manage wildland fire 

20 and treat hazardous fuels, insects, and diseases in the 

21 Special Management Area; and 

22 (2) coordinate those measures with the appro23 priate State or local agency, as the Secretary deter24 mines to be necessary. 


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1 (i) MANAGEMENT PLAN.—Not later than 3 years after 

2 the date of enactment of this Act, the Secretary shall develop 

3 a management plan for the long-term protection and man4 agement of the Special Management Area that— 

5 (1) takes into account public input; and 

6 (2) provides for recreational opportunities to 

7 occur within the Special Management Area, including 

8 skiing, biking, hiking, fishing, hunting, horseback 

9 riding, snowmobiling, motorcycle riding, off-highway 

10 vehicle use, snowshoeing, and camping. 

11 (j) TRAIL AND OPEN AREA SNOWMOBILE USAGE.— 

12 Nothing in this section affects the use or status of trails 

13 authorized for motorized or mechanized vehicle or open area 

14 snowmobile use on the date of enactment of this Act. 

15 (k) STATE WATER RIGHTS.—Nothing in this section 

16 affects access to, use of, or allocation of any absolute or con17 ditional water right that is— 

18 (1) decreed under the laws of the State; and 

19 (2) in existence on the date of enactment of this 

20 Act. 

21 SEC. 4. HERMOSA CREEK WILDERNESS. 

22 (a) DESIGNATION OF WILDERNESS.—Section 2(a) of 

23 the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 

24 107 Stat. 756; 114 Stat. 1955; 116 Stat. 1055) is amended 

25 by adding at the end the following: 


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1 ‘‘(22) Certain land within the San Juan Na2 tional Forest that comprises approximately 37,236 

3 acres, as generally depicted on the map entitled ‘Pro4 posed Hermosa Creek Special Management Area and 

5 Proposed Hermosa Creek Wilderness Area’ and dated 

6 November 12, 2014, which shall be known as the 

7 ‘Hermosa Creek Wilderness’.’’. 

8 (b) EFFECTIVE DATE.—Any reference contained in the 

9 Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date 

10 of that Act shall be considered to be a reference to the date 

11 of enactment of this Act for purposes of administering the 

12 wilderness area designated by section 2(a)(22) of the Colo13 rado Wilderness Act of 1993 (16 U.S.C. 1132 note; 107 Stat. 

14 756; 114 Stat. 1955; 116 Stat. 1055) (as added by sub15 section (a)). 

16 (c) FIRE, INSECTS, AND DISEASES.—In accordance 

17 with section 4(d)(1) of the Wilderness Act (16 U.S.C. 

18 1133(d)(1)), within the wilderness areas designated by sec19 tion 2(a)(22) of the Colorado Wilderness Act of 1993 (16 

20 U.S.C. 1132 note; 107 Stat. 756; 114 Stat. 1955; 116 Stat. 

21 1055) (as added by subsection (a)), the Secretary may carry 

22 out any measure that the Secretary determines to be nec23 essary to control fire, insects, and diseases, subject to such 

24 terms and conditions as the Secretary determines to be ap25 propriate. 


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1 SEC. 5. DURANGO AREA MINERAL WITHDRAWAL. 

2 (a) WITHDRAWAL.—Subject to valid existing rights, 

3 the land and mineral interests described in subsection (b) 

4 are withdrawn from all forms of— 

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

6 public land laws; 

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

8 laws; and 

9 (3) disposition under all laws relating to min10 eral leasing, geothermal leasing, or mineral materials. 

11 (b) DESCRIPTION OF LAND AND MINERAL INTER12 ESTS.—The land and mineral interests referred to in sub13 section (a) are the Federal land and mineral interests gen14 erally depicted within the areas designated as ‘‘Withdrawal 

15 Areas’’ on the map entitled ‘‘Perins Peak & Animas City 

16 Mountain, Horse Gulch and Lake Nighthorse Mineral With17 drawal’’ and dated April 5, 2013. 

18 (c) PUBLIC PURPOSE CONVEYANCE.—Notwithstanding 

19 subsection (a), the Secretary of the Interior may convey any 

20 portion of the land described in subsection (b) that is ad21 ministered by the Bureau of Land Management to the City, 

22 the County, or the State— 

23 (1) pursuant to the Act of June 14, 1926 (com24 monly known as the ‘‘Recreation and Public Purposes 

25 Act’’) (43 U.S.C. 869 et seq.); or 


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1 (2) by exchange in accordance with applicable 

2 laws (including regulations). 

3 SEC. 6. CONVEYANCE OF BUREAU OF LAND MANAGEMENT 

4 LAND TO COUNTY. 

5 (a) IN GENERAL.—On the expiration of the permit 

6 numbered COC 64651 (09) and dated February 24, 2009, 

7 on request and agreement of the County, the Secretary of 

8 the Interior shall convey to the County, without consider9 ation and subject to valid existing rights, all right, title, 

10 and interest of the United States in and to the land de11 scribed in subsection (b), subject to— 

12 (1) subsection (c); 

13 (2) the condition that the County shall pay all 

14 administrative and other costs associated with the 

15 conveyance; and 

16 (3) such other terms and conditions as the Sec17 retary of the Interior determines to be necessary. 

18 (b) DESCRIPTION OF LAND.—The land referred to in 

19 subsection (a) consists of approximately 82 acres of land 

20 managed by the Bureau of Land Management, Tres Rios 

21 District, Colorado, as generally depicted on the map enti22 tled ‘‘La Plata County Grandview Conveyance’’ and dated 

23 May 5, 2014. 

24 (c) USE OF CONVEYED LAND.—The Federal land con25 veyed pursuant to this section may be used by the County 


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1 for any public purpose, in accordance with the Act of June 

2 14, 1926 (commonly known as the ‘‘Recreation and Public 

3 Purposes Act’’) (43 U.S.C. 869 et seq.). 

4 (d) REVERSION.—If the County ceases to use a parcel 

5 of the Federal land conveyed pursuant to this section in 

6 accordance with subsection (a), title to the parcel shall re7 vert to the Secretary of the Interior, at the option of the 

8 Secretary of the Interior. 

9 SEC. 7. MOLAS PASS RECREATION AREA; WILDERNESS 

10 STUDY AREA RELEASE; WILDERNESS STUDY 

11 AREA TRANSFER OF ADMINISTRATIVE JURIS12 DICTION. 

13 (a) MOLAS PASS RECREATION AREA.— 

14 (1) DESIGNATION.—The approximately 461 acres 

15 of land in San Juan County, Colorado, that is gen16 erally depicted as ‘‘Molas Pass Recreation Area’’ on 

17 the map entitled ‘‘Molas Pass Recreation Area and 

18 Molas Pass Wilderness Study Area’’ and dated No19 vember 13, 2014, is designated as the ‘‘Molas Pass 

20 Recreation Area’’. 

21 (2) USE OF SNOWMOBILES.—The use of snowmo22 biles shall be authorized in the Molas Pass Recreation 

23 Area— 

24 (A) during periods of adequate snow cov25 erage; 


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1 (B) in accordance with the Federal Land 

2 Policy and Management Act of 1976 (43 U.S.C. 

3 1701 et seq.) and other applicable laws (includ4 ing regulations); 

5 (C) on designated trails for winter motor6 ized travel and grooming; 

7 (D) in designated areas for open area mo8 torized travel; and 

9 (E) subject to such terms and conditions as 

10 the Secretary may require. 

11 (3) OTHER RECREATIONAL OPPORTUNITIES.—In 

12 addition to the uses authorized under paragraph (2), 

13 the Secretary may authorize other recreational uses in 

14 the Molas Pass Recreation Area. 

15 (b) MOLAS PASS WILDERNESS STUDY AREA.— 

16 (1) TRANSFER OF ADMINISTRATIVE JURISDIC17 TION.—Administrative jurisdiction over the Federal 

18 land generally depicted as ‘‘Molas Pass Wilderness 

19 Study Area’’ on the map entitled ‘‘Molas Pass Recre20 ation Area and Molas Pass Wilderness Study Area’’, 

21 and dated November 13, 2014, is transferred from the 

22 Bureau of Land Management to the Forest Service. 

23 (2) ADMINISTRATION.—The Federal land de24 scribed in paragraph (1) shall— 


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1 (A) be known as the ‘‘Molas Pass Wilderness 

2 Study Area’’; and 

3 (B) be administered by the Secretary, so as 

4 to maintain the wilderness character and poten5 tial of the Federal land for inclusion in the Na6 tional Wilderness Preservation System. 

7 (c) RELEASE.— 

8 (1) FINDING.—Congress finds that the land de9 scribed in paragraph (3) has been adequately studied 

10 for wilderness designation under section 603 of the 

11 Federal Land Policy and Management Act of 1976 

12 (43 U.S.C. 1782). 

13 (2) RELEASE.—Effective beginning on the date 

14 of enactment of this Act, the land described in para15 graph (3)— 

16 (A) shall not be subject to section 603(c) of 

17 the Federal Land Policy and Management Act of 

18 1976 (43 U.S.C. 1782(c)); 

19 (B) shall be managed in accordance with 

20 land management plans adopted under section 

21 202 of that Act (43 U.S.C. 1712); and 

22 (C) shall not be subject to Secretarial Order 

23 3310 issued on December 22, 2010. 

24 (3) DESCRIPTION OF LAND.—The land referred 

25 to in paragraphs (1) and (2) is the approximately 


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1 461 acres located in the West Needles Contiguous Wil2 derness Study Area of San Juan County, Colorado, 

3 that is generally depicted as ‘‘Molas Pass Recreation 

4 Area’’ on the map entitled ‘‘Molas Pass Recreation 

5 Area and Molas Pass Wilderness Study Area’’ and 

6 dated November 13, 2014. 

7 SEC. 8. GENERAL PROVISIONS. 

8 (a) FISH AND WILDLIFE.—Nothing in this Act affects 

9 the jurisdiction or responsibility of the State with regard 

10 to fish and wildlife in the State. 

11 (b) MAPS AND LEGAL DESCRIPTIONS.— 

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

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

14 Secretary of the Interior, as appropriate, shall pre15 pare maps and legal descriptions of— 

16 (A) the Special Management Area; 

17 (B) the wilderness area designated by the 

18 amendment made by section 4(a); 

19 (C) the withdrawal pursuant to section 5; 

20 (D) the conveyance pursuant to section 6; 

21 (E) the recreation area designated by sec22 tion 7(a); and 

23 (F) the wilderness study area designated by 

24 section (7)(b)(2). 


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1 (2) FORCE OF LAW.—The maps and legal de2 scriptions prepared under paragraph (1) shall have 

3 the same force and effect as if included in this Act, 

4 except that the Secretary concerned may correct any 

5 clerical or typographical errors in the maps and legal 

6 descriptions. 

7 (3) PUBLIC AVAILABILITY.—The maps and legal 

8 descriptions prepared under paragraph (1) shall be 

9 on file and available for public inspection in the ap10 propriate offices of the Forest Service and the Bureau 

11 of Land Management. 

12 (c) ADJACENT MANAGEMENT.— 

13 (1) IN GENERAL.—Nothing in this Act establishes 

14 a protective perimeter or buffer zone around— 

15 (A) the Special Management Area; or 

16 (B) the wilderness area designated by an 

17 amendment made by section 4(a). 

18 (2) NONWILDERNESS ACTIVITIES.—The fact that 

19 a nonwilderness activity or use can be seen or heard 

20 from areas within the wilderness area designated by 

21 an amendment made by section 4(a) shall not pre22 clude the conduct of the activity or use outside the 

23 boundary of the wilderness area. 

24 (d) MILITARY OVERFLIGHTS.—Nothing in this Act re25 stricts or precludes— 


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1 (1) any low-level overflight of military aircraft 

2 over an area designated as a wilderness area under 

3 an amendment made by this Act, including military 

4 overflights that can be seen, heard, or detected within 

5 the wilderness area; 

6 (2) flight testing or evaluation; or 

7 (3) the designation or establishment of— 

8 (A) new units of special use airspace; or 

9 (B) any military flight training route over 

10 a wilderness area described in paragraph (1). 


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Calendar No. 632 

113TH CONGRESS 

2D SESSION S. 841 

[Report No. 113–292] 

A BILL 

To designate certain Federal land in the San Juan 

derness, and for other purposes. National Forest in the State of Colorado as wilDECEMBER 10, 2014 

Reported with an amendment 


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