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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 841 Reported in Senate (RS)]

                                                       Calendar No. 632
113th CONGRESS
  2d Session
                                 S. 841

                          [Report No. 113-292]

 To designate certain Federal land in the San Juan National Forest in 
      the State of Colorado as wilderness, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2013

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

                           December 10, 2014

              Reported by Ms. Landrieu, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To designate certain Federal land in the San Juan National Forest in 
      the State of Colorado as wilderness, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Hermosa Creek Watershed 
Protection Act of 2013''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the ecological health and integrity of the 
        Hermosa Creek Watershed and the economic health of the 
        surrounding communities that rely on the Watershed are 
        connected;</DELETED>
        <DELETED>    (2) the Watershed--</DELETED>
                <DELETED>    (A) is the only area in the State that is 
                not a unit of National Wilderness Preservation System 
                to achieve a designation of outstanding waters by the 
                State;</DELETED>
                <DELETED>    (B) provides a crucial source of clean 
                drinking water for the residents of the Animas River 
                Valley and the city of Durango, Colorado; and</DELETED>
                <DELETED>    (C) provides high quality agricultural 
                water supplies from Hermosa Creek and the Animas 
                River;</DELETED>
        <DELETED>    (3) the Watershed helps ensure the economic 
        prosperity of local communities in the area that depend on the 
        Watershed for water supplies, recreation, hunting, fishing, 
        hiking, biking, camping, skiing and related winter activities, 
        off-road vehicle travel, scientific research, mineral 
        extraction, and sustainable natural resource 
        development;</DELETED>
        <DELETED>    (4) the world-class Hermosa Creek trail network 
        contains outstanding single track mountain bike riding, 
        backcountry hiking, equestrian riding, and motorcycle 
        riding;</DELETED>
        <DELETED>    (5) the Watershed provides visitors the 
        opportunity to enjoy the tremendous scenic, natural, cultural, 
        and recreational resources of the area;</DELETED>
        <DELETED>    (6) ecologically sustainable grazing has been 
        conducted in a manner that has preserved the high quality of 
        the Watershed;</DELETED>
        <DELETED>    (7) the native Colorado River cutthroat trout 
        fishery located in the Watershed--</DELETED>
                <DELETED>    (A) is one of the most important fisheries 
                in the State;</DELETED>
                <DELETED>    (B) is crucial for the long-term survival 
                of the cutthroat trout; and</DELETED>
                <DELETED>    (C) provides an opportunity for anglers to 
                have a catch and release fishery for the cutthroat 
                trout;</DELETED>
        <DELETED>    (8) the work of Colorado Parks and Wildlife to 
        enhance the fishery referred to in paragraph (7) has been a 
        tremendous success and a great example of cooperative 
        conservation efforts to recover an imperiled species of 
        fish;</DELETED>
        <DELETED>    (9) the Watershed--</DELETED>
                <DELETED>    (A) provides some of the best backcountry 
                elk habitat in the State; and</DELETED>
                <DELETED>    (B) supports outstanding hunting 
                opportunities;</DELETED>
        <DELETED>    (10) the large areas of undisturbed forest in the 
        Watershed (including some of the best stands of old growth 
        ponderosa pine in the State) provide excellent wildlife habitat 
        and excellent opportunities for solitude and backcountry 
        recreation; and</DELETED>
        <DELETED>    (11) designation of the Hermosa Creek Wilderness 
        Area, Watershed Protection Area, and Special Management Area 
        would protect those areas in perpetuity for the benefit of the 
        people of the United States.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) County.--The term ``County'' means La Plata 
        County, Colorado.</DELETED>
        <DELETED>    (2) Map.--The term ``Map'' means the map entitled 
        ``Hermosa Creek Proposed Watershed Protection Area, 2012'' and 
        dated March 28, 2012.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>
        <DELETED>    (4) Special management area.--The term ``Special 
        Management Area'' means the Hermosa Creek Special Management 
        Area designated by section 5(a).</DELETED>
        <DELETED>    (5) State.--The term ``State'' means the State of 
        Colorado.</DELETED>
        <DELETED>    (6) Watershed protection area.--The term 
        ``Watershed Protection Area'' means the Hermosa Creek Watershed 
        Protection Area designated by section 4(a).</DELETED>

<DELETED>SEC. 4. DESIGNATION OF HERMOSA CREEK WATERSHED PROTECTION 
              AREA.</DELETED>

<DELETED>    (a) Designation.--Certain Federal land in the San Juan 
National Forest comprising approximately 107,886 acres, as generally 
depicted on the Map, is designated as the ``Hermosa Creek Watershed 
Protection Area''.</DELETED>
<DELETED>    (b) Purposes.--The purposes of the Watershed Protection 
Area are--</DELETED>
        <DELETED>    (1) to maintain the cultural, economic, and 
        ecological health of the Hermosa Creek Watershed and the 
        surrounding communities that rely on the Watershed;</DELETED>
        <DELETED>    (2) to protect the purity of water that comes from 
        the Hermosa Creek Watershed and supplies residents of the 
        Animas River Valley and the city of Durango, Colorado, with 
        clean drinking water;</DELETED>
        <DELETED>    (3) to protect the purity of, and water supply 
        from, the Hermosa Creek Watershed for agricultural purposes, 
        including irrigation and stockwater uses;</DELETED>
        <DELETED>    (4) to enhance the economic prosperity of local 
        communities in the area who depend on the area for water, 
        recreation, and sustainable natural resource uses;</DELETED>
        <DELETED>    (5) to protect and provide visitors the 
        opportunity to enjoy the recreational, geological, cultural, 
        natural, scientific, recreational, wildlife, riparian, 
        historical, educational, and scenic resources of the 
        Watershed;</DELETED>
        <DELETED>    (6) to provide world class opportunities for 
        skiing, biking, hiking, fishing, hunting, horseback riding, 
        snowmobiling, motorcycle riding, snowshoeing, and 
        camping;</DELETED>
        <DELETED>    (7) to provide for economic and natural resource 
        development (including sustainable grazing, vegetation 
        management, beneficial uses of water, and mineral extraction) 
        in a manner consistent with protecting the overall integrity of 
        the Watershed;</DELETED>
        <DELETED>    (8) to protect the native Colorado River cutthroat 
        trout fishery located in the Watershed;</DELETED>
        <DELETED>    (9) to designate the Hermosa Creek Wilderness Area 
        and the Special Management Area; and</DELETED>
        <DELETED>    (10) to conserve, protect, and manage for a 
        healthy Hermosa Creek Watershed for the long-term ecological 
        integrity of the Watershed and the long-term economic health of 
        surrounding communities by allowing sustainable economic 
        development and traditional natural resource development in a 
        matter consistent with the purposes described in paragraphs (1) 
        through (9).</DELETED>

<DELETED>SEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MANAGEMENT 
              AREA.</DELETED>

<DELETED>    (a) Designation.--Subject to valid existing rights, 
certain Federal land in the San Juan National Forest comprising 
approximately 68,289 acres, as generally depicted on the Map, is 
designated as the ``Hermosa Creek Special Management Area''.</DELETED>
<DELETED>    (b) Purpose.--The purpose of the Special Management Area 
is to conserve and protect for the benefit of present and future 
generations the watershed, geological, cultural, natural, scientific, 
recreational, wildlife, riparian, historical, educational, and scenic 
resources and values of the Special Management Area.</DELETED>
<DELETED>    (c) Administration.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall administer 
        the Special Management Area--</DELETED>
                <DELETED>    (A) in a manner that--</DELETED>
                        <DELETED>    (i) conserves, protects, and 
                        enhances the resources and values of the 
                        Special Management Area described in subsection 
                        (b); and</DELETED>
                        <DELETED>    (ii) protects a viable population 
                        of Colorado River Cutthroat Trout; 
                        and</DELETED>
                <DELETED>    (B) in accordance with--</DELETED>
                        <DELETED>    (i) the National Forest Management 
                        Act of 1976 (16 U.S.C. 1600 et seq.);</DELETED>
                        <DELETED>    (ii) this Act; and</DELETED>
                        <DELETED>    (iii) any other applicable 
                        laws.</DELETED>
        <DELETED>    (2) Uses.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall allow 
                only such uses of the Special Management Area that the 
                Secretary determines would further the purposes 
                described in subsection (b).</DELETED>
                <DELETED>    (B) Motorized vehicles.--</DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided in clause (ii) and as needed for 
                        administrative purposes or to respond to an 
                        emergency, the use of motorized vehicles in the 
                        Special Management Area shall be permitted only 
                        on roads and trails designated for use by such 
                        vehicles by the Secretary.</DELETED>
                        <DELETED>    (ii) Over-snow vehicles.--The 
                        Secretary may authorize the use of snowmobiles 
                        and other over-snow vehicles within the Special 
                        Management Area--</DELETED>
                                <DELETED>    (I) during periods of 
                                adequate snow cover during the winter 
                                season; and</DELETED>
                                <DELETED>    (II) subject to such terms 
                                and conditions as the Secretary may 
                                require.</DELETED>
                <DELETED>    (C) Grazing.--The Secretary shall permit 
                grazing within the Special Management Area, where 
                established before the date of enactment of this Act 
                subject to all applicable laws (including regulations) 
                and Executive orders.</DELETED>
                <DELETED>    (D) Prohibited activities.--Within the 
                area of the Special Management Area identified on the 
                Map as ``East Hermosa Area'' the following activities 
                shall be prohibited:</DELETED>
                        <DELETED>    (i) New permanent or temporary 
                        road construction or the renovation of existing 
                        nonsystem roads, except as allowed under the 
                        final rule entitled ``Special Areas; Roadless 
                        Area Conservation; Applicability to the 
                        National Forests in Colorado'' (77 Fed. Reg. 
                        39576 (July 3, 2012)).</DELETED>
                        <DELETED>    (ii) Projects undertaken for the 
                        purpose of harvesting commercial timber (other 
                        than activities relating to the harvest of 
                        merchantable products that are byproducts of 
                        activities conducted for ecological restoration 
                        or to further the purposes described in this 
                        Act).</DELETED>
<DELETED>    (d) Map and Legal Description.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall prepare a 
        map and a legal description of the Special Management 
        Area.</DELETED>
        <DELETED>    (2) Force of law.--The map and legal description 
        prepared under paragraph (1) shall have the same force and 
        effect as if included in this Act, except that the Secretary 
        may correct clerical and typographical errors in the map and 
        legal description.</DELETED>
        <DELETED>    (3) Public availability.--The map and legal 
        description prepared under paragraph (1) shall be on file and 
        available for public inspection in the appropriate offices of 
        the Forest Service.</DELETED>
<DELETED>    (e) Incorporation of Acquired Land and Interests in 
Land.--Any land or interest in land that is acquired by the United 
States within the boundary of the Special Management Area shall--
</DELETED>
        <DELETED>    (1) become part of the Special Management 
        Area;</DELETED>
        <DELETED>    (2) be withdrawn in accordance with subsection 
        (h); and</DELETED>
        <DELETED>    (3) be managed in accordance with--</DELETED>
                <DELETED>    (A) this Act; and</DELETED>
                <DELETED>    (B) any other applicable laws.</DELETED>
<DELETED>    (f) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction or responsibility of the State with respect to fish and 
wildlife in the State.</DELETED>
<DELETED>    (g) State and Federal Water Management.--Nothing in this 
section affects the potential for development, operation, or 
maintenance of a water storage reservoir at the site in the Special 
Management Area that is identified in--</DELETED>
        <DELETED>    (1) pages 17 through 20 of the Statewide Water 
        Supply Initiative studies prepared by the Colorado Water 
        Conservation Board and issued by the State in November 2004; 
        and</DELETED>
        <DELETED>    (2) page 27 of the Colorado Dam Site Inventory 
        prepared by the Colorado Water Conservation Board and dated 
        August 1996.</DELETED>
<DELETED>    (h) Withdrawal.--Subject to valid rights in existence on 
the date of enactment of this Act, the Federal land within the Special 
Management Area is withdrawn from--</DELETED>
        <DELETED>    (1) all forms of entry, appropriation, and 
        disposal under the public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) operation of the mineral leasing, mineral 
        materials, and geothermal leasing laws.</DELETED>
<DELETED>    (i) Adjacent Management.--</DELETED>
        <DELETED>    (1) In general.--The Special Management Area 
        designated by subsection (a) or the wilderness designated by 
        section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 
        U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 
        1955, 116 Stat. 1055) (as added by section 6(a)) shall not 
        create a protective perimeter or buffer zone around the Special 
        Management Area or wilderness.</DELETED>
        <DELETED>    (2) Nonwilderness activities.--The fact that 
        nonwilderness activities or uses can be seen or heard from 
        areas within the wilderness designated by section 2(a)(22) of 
        the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
        Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 
        1055) (as added by section 6(a)) shall not preclude the conduct 
        of the activities or uses outside the boundary of the 
        wilderness.</DELETED>
<DELETED>    (j) Winter Skiing and Related Winter Activities.--Nothing 
in this Act alters or limits--</DELETED>
        <DELETED>    (1) a permit held by a ski area;</DELETED>
        <DELETED>    (2) the implementation of the activities governed 
        by a ski area permit; or</DELETED>
        <DELETED>    (3) the authority of the Secretary to modify or 
        expand an existing ski area permit.</DELETED>
<DELETED>    (k) Vegetation Management.--Nothing in this section 
prevents the Secretary from conducting vegetation management projects 
within the Special Management Area--</DELETED>
        <DELETED>    (1) subject to--</DELETED>
                <DELETED>    (A) such reasonable regulations, policies, 
                and practices as the Secretary determines appropriate; 
                and</DELETED>
                <DELETED>    (B) all applicable laws (including 
                regulations); and</DELETED>
        <DELETED>    (2) in a manner consistent with--</DELETED>
                <DELETED>    (A) the purposes described in subsection 
                (b); and</DELETED>
                <DELETED>    (B) this section.</DELETED>
<DELETED>    (l) Wildfire, Insect, and Disease Management.--Consistent 
with this section, the Secretary may take any measures that the 
Secretary determines to be necessary to control fire, insects, and 
diseases in the Special Management Area, including, as the Secretary 
determines to be appropriate, the coordination of the measures with the 
State or a local agency.</DELETED>
<DELETED>    (m) Management Plan.--Not later than 3 years after the 
date of enactment of this Act, the Secretary shall develop a management 
plan for the long-term protection and management of the Special 
Management Area that--</DELETED>
        <DELETED>    (1) takes into account public input; and</DELETED>
        <DELETED>    (2) includes a certification by the Secretary that 
        there are adequate opportunities in the Special Management Area 
        for each of the recreational opportunities referred to in 
        section 4(b)(6).</DELETED>

<DELETED>SEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION 
              SYSTEM.</DELETED>

<DELETED>    (a) Designation of Wilderness.--Section 2(a) of the 
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-
77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by adding 
at the end the following:</DELETED>
        <DELETED>    ``(22) Certain land within the San Juan National 
        Forest which comprise approximately 37,236 acres, as generally 
        depicted on the map entitled `Hermosa Creek Proposed Watershed 
        Protection Area, 2012' and dated March 28, 2012, and which 
        shall be known as the `Hermosa Creek Wilderness'.''.</DELETED>
<DELETED>    (b) Effective Date.--Any reference in the Wilderness Act 
(16 U.S.C. 1131 et seq.) to the effective date of that Act shall be 
considered to be a reference to the date of enactment of this Act for 
purposes of administering the wilderness area designated by section 
2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as 
added by subsection (a)).</DELETED>
<DELETED>    (c) Fire, Insects, and Diseases.--As provided in section 
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the 
wilderness areas designated by section 2(a)(22) of the Colorado 
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 
Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection 
(a)), the Secretary may take any measure that the Secretary determines 
to be necessary to control fire, insects, and diseases, subject to such 
terms and conditions as the Secretary determines to be 
appropriate.</DELETED>

<DELETED>SEC. 7. DURANGO AREA MINERAL WITHDRAWAL.</DELETED>

<DELETED>    (a) Withdrawal.--Subject to valid existing rights, the 
land and mineral interests described in subsection (b) are withdrawn 
from all forms of--</DELETED>
        <DELETED>    (1) entry, appropriation, or disposal under public 
        land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) disposition under all laws relating to mineral 
        leasing, geothermal leasing, or mineral materials.</DELETED>
<DELETED>    (b) Description of Land and Mineral Interests.--The land 
and mineral interests referred to in subsection (a) are--</DELETED>
        <DELETED>    (1) the approximately 13,086 acres of Federal land 
        depicted on the map entitled ``Perins Peak & Animas City 
        Mountain, Horse Gulch and Lake Nighthorse mineral withdrawal'' 
        and dated April 5, 2013; and</DELETED>
        <DELETED>    (2) all Federal mineral interests contained within 
        the boundaries of the map described in paragraph (1).</DELETED>
<DELETED>    (c) Buffer.--Nothing in this section may require--
</DELETED>
        <DELETED>    (1) the creation of a protective perimeter or 
        buffer area outside the boundaries of the withdrawal area 
        described in subsection (b); or</DELETED>
        <DELETED>    (2) any prohibition on activities outside of the 
        boundaries of the withdrawal area described in subsection (b) 
        that can be seen or heard from within the boundaries of the 
        withdrawal area.</DELETED>

<DELETED>SEC. 8. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO LA 
              PLATA COUNTY.</DELETED>

<DELETED>    (a) In General.--On the expiration of the permit numbered 
COC 64651 (09) and dated February 24, 2009, the Secretary of the 
Interior shall convey to the County, without consideration and subject 
to valid existing rights, all right, title, and interest of the United 
States in and to the land described in subsection (b).</DELETED>
<DELETED>    (b) Description of Land.--The land referred to in 
subsection (a) consists of approximately 111 acres of land managed by 
the Bureau of Land Management, Tres Rios District, Colorado, as 
generally depicted on the map entitled ``La Plata County Grandview 
Conveyance'' and dated March 27, 2013.</DELETED>
<DELETED>    (c) Map and Legal Description.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the Secretary of the Interior 
        shall finalize the legal description of the parcel to be 
        conveyed under this section.</DELETED>
        <DELETED>    (2) Minor errors.--The Secretary of the Interior 
        may correct any minor error in--</DELETED>
                <DELETED>    (A) the map; or</DELETED>
                <DELETED>    (B) the legal description.</DELETED>
        <DELETED>    (3) Availability.--The map and legal description 
        shall be on file and available for public inspection in the 
        appropriate offices of the Bureau of Land Management.</DELETED>
<DELETED>    (d) Use of Conveyed Land.--The land conveyed under this 
section shall be used only for any public purpose consistent with uses 
allowed under the Act of June 14, 1926 (commonly known as the 
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
seq.).</DELETED>
<DELETED>    (e) Administrative Costs.--The Secretary of the Interior 
shall require the County to pay all survey costs and other 
administrative costs necessary for the preparation and completion of 
any patents for, and transfers of title to, the land described in 
subsection (b).</DELETED>
<DELETED>    (f) Conditions.--As a condition of the conveyance under 
subsection (a), the County shall agree in writing to pay any 
administrative costs associated with the conveyance including the costs 
of any environmental, wildlife, cultural, or historical resources 
studies.</DELETED>

<DELETED>SEC. 9. RELEASE OF WILDERNESS STUDY AREAS.</DELETED>

<DELETED>    (a) Finding.--Congress finds that the land described in 
subsection (c) has been adequately studied for wilderness designation 
under section 603 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1782).</DELETED>
<DELETED>    (b) Release.--The land described in subsection (c)--
</DELETED>
        <DELETED>    (1) is no longer subject to section 603(c) of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1782(c)); and</DELETED>
        <DELETED>    (2) shall be managed in accordance with land 
        management plans adopted under section 202 of that Act (43 
        U.S.C. 1712).</DELETED>
<DELETED>    (c) Description of Land.--The land referred to in 
subsections (a) and (b) is the approximately 461 acres of land in the 
West Needles Contiguous Wilderness Study Area of San Juan County, 
Colorado, that is depicted on the map entitled ``West Needles 
Contiguous Wilderness Study Area Release Area'' and dated April 5, 
2013.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hermosa Creek Watershed Protection 
Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) City.--The term ``City'' means the city of Durango, 
        Colorado.
            (2) County.--The term ``County'' means La Plata County, 
        Colorado.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (4) Special management area.--The term ``Special Management 
        Area'' means the Hermosa Creek Special Management Area 
        designated by section 3(a).
            (5) State.--The term ``State'' means the State of Colorado.

SEC. 3. DESIGNATION OF HERMOSA CREEK SPECIAL MANAGEMENT AREA.

    (a) Designation.--Subject to valid existing rights, certain Federal 
land in the San Juan National Forest comprising approximately 70,650 
acres, as generally depicted on the map entitled ``Proposed Hermosa 
Creek Special Management Area and Proposed Hermosa Creek Wilderness 
Area'' and dated November 12, 2014, is designated as the ``Hermosa 
Creek Special Management Area''.
    (b) Purpose.--The purpose of the Special Management Area is to 
conserve and protect for the benefit of present and future generations 
the watershed, geological, cultural, natural, scientific, recreational, 
wildlife, riparian, historical, educational, and scenic resources of 
the Special Management Area.
    (c) Administration.--
            (1) In general.--The Secretary shall administer the Special 
        Management Area--
                    (A) in a manner that conserves, protects, and 
                manages the resources of the Special Management Area 
                described in subsection (b); and
                    (B) in accordance with--
                            (i) the National Forest Management Act of 
                        1976 (16 U.S.C. 1600 et seq.);
                            (ii) this Act; and
                            (iii) any other applicable laws.
            (2) Uses.--
                    (A) In general.--The Secretary shall allow only 
                such uses of the Special Management Area as the 
                Secretary determines would further the purposes 
                described in subsection (b).
                    (B) Motorized and mechanized vehicles.--
                            (i) In general.--Except as provided in 
                        clause (ii) and as needed for administrative 
                        purposes or to respond to an emergency, the use 
                        of motorized or mechanized vehicles in the 
                        Special Management Area shall be permitted only 
                        on roads and trails designated by the Secretary 
                        for use by those vehicles.
                            (ii) Oversnow vehicles.--The Secretary 
                        shall authorize the use of snowmobiles and 
                        other oversnow vehicles within the Special 
                        Management Area--
                                    (I) when there exists adequate snow 
                                coverage; and
                                    (II) subject to such terms and 
                                conditions as the Secretary may 
                                require.
                    (C) Grazing.--The Secretary shall permit grazing 
                within the Special Management Area, if established 
                before the date of enactment of this Act, subject to 
                all applicable laws (including regulations) and 
                Executive orders.
                    (D) Prohibited activities.--Within the area of the 
                Special Management Area identified as ``East Hermosa 
                Area'' on the map entitled ``Proposed Hermosa Creek 
                Special Management Area and Proposed Hermosa Creek 
                Wilderness Area'' and dated November 12, 2014, the 
                following activities shall be prohibited:
                            (i) New permanent or temporary road 
                        construction or the renovation of existing 
                        nonsystem roads, except as allowed under the 
                        final rule entitled ``Special Areas; Roadless 
                        Area Conservation; Applicability to the 
                        National Forests in Colorado'' (77 Fed. Reg. 
                        39576 (July 3, 2012)).
                            (ii) Projects undertaken for the purpose of 
                        harvesting commercial timber (other than 
                        activities relating to the harvest of 
                        merchantable products that are byproducts of 
                        activities conducted for ecological restoration 
                        or to further the purposes described in this 
                        Act).
    (d) State and Federal Water Management.--Nothing in this section 
affects the potential for development, operation, or maintenance of a 
water storage reservoir at the site in the Special Management Area that 
is identified in--
            (1) pages 17 through 20 of the Statewide Water Supply 
        Initiative studies prepared by the Colorado Water Conservation 
        Board and issued by the State in November 2004; and
            (2) page 27 of the Colorado Dam Site Inventory prepared by 
        the Colorado Water Conservation Board and dated August 1996.
    (e) Withdrawal.--
            (1) In general.--Subject to valid rights in existence on 
        the date of enactment of this Act and except as provided in 
        paragraph (2), the Federal land within the Special Management 
        Area is withdrawn from--
                    (A) all forms of entry, appropriation, and disposal 
                under the public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
            (2) Exception.--The withdrawal under paragraph (1) shall 
        not apply to the areas identified as parcels A and B on the map 
        entitled ``Proposed Hermosa Creek Special Management Area and 
        Proposed Hermosa Creek Wilderness Area'' and dated November 12, 
        2014.
    (f) Winter Skiing and Related Winter Activities.--Nothing in this 
section alters or limits--
            (1) a permit held by a ski area;
            (2) the implementation of the activities governed by a ski 
        area permit; or
            (3) the authority of the Secretary to modify or expand an 
        existing ski area permit.
    (g) Vegetation Management.--Nothing in this section prevents the 
Secretary from conducting vegetation management projects within the 
Special Management Area--
            (1) subject to--
                    (A) such reasonable regulations, policies, and 
                practices as the Secretary determines to be 
                appropriate; and
                    (B) all applicable laws (including regulations); 
                and
            (2) in a manner consistent with--
                    (A) the purposes described in subsections (b) and 
                (h); and
                    (B) this section.
    (h) Wildfire, Insect, and Disease Management.--In accordance with 
this section, the Secretary may--
            (1) carry out any measures that the Secretary determines to 
        be necessary to manage wildland fire and treat hazardous fuels, 
        insects, and diseases in the Special Management Area; and
            (2) coordinate those measures with the appropriate State or 
        local agency, as the Secretary determines to be necessary.
    (i) Management Plan.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall develop a management plan 
for the long-term protection and management of the Special Management 
Area that--
            (1) takes into account public input; and
            (2) provides for recreational opportunities to occur within 
        the Special Management Area, including skiing, biking, hiking, 
        fishing, hunting, horseback riding, snowmobiling, motorcycle 
        riding, off-highway vehicle use, snowshoeing, and camping.
    (j) Trail and Open Area Snowmobile Usage.--Nothing in this section 
affects the use or status of trails authorized for motorized or 
mechanized vehicle or open area snowmobile use on the date of enactment 
of this Act.
    (k) State Water Rights.--Nothing in this section affects access to, 
use of, or allocation of any absolute or conditional water right that 
is--
            (1) decreed under the laws of the State; and
            (2) in existence on the date of enactment of this Act.

SEC. 4. HERMOSA CREEK WILDERNESS.

    (a) Designation of Wilderness.--Section 2(a) of the Colorado 
Wilderness Act of 1993 (16 U.S.C. 1132 note; 107 Stat. 756; 114 Stat. 
1955; 116 Stat. 1055) is amended by adding at the end the following:
            ``(22) Certain land within the San Juan National Forest 
        that comprises approximately 37,236 acres, as generally 
        depicted on the map entitled `Proposed Hermosa Creek Special 
        Management Area and Proposed Hermosa Creek Wilderness Area' and 
        dated November 12, 2014, which shall be known as the `Hermosa 
        Creek Wilderness'.''.
    (b) Effective Date.--Any reference contained in the Wilderness Act 
(16 U.S.C. 1131 et seq.) to the effective date of that Act shall be 
considered to be a reference to the date of enactment of this Act for 
purposes of administering the wilderness area designated by section 
2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; 
107 Stat. 756; 114 Stat. 1955; 116 Stat. 1055) (as added by subsection 
(a)).
    (c) Fire, Insects, and Diseases.--In accordance with section 
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the 
wilderness areas designated by section 2(a)(22) of the Colorado 
Wilderness Act of 1993 (16 U.S.C. 1132 note; 107 Stat. 756; 114 Stat. 
1955; 116 Stat. 1055) (as added by subsection (a)), the Secretary may 
carry out any measure that the Secretary determines to be necessary to 
control fire, insects, and diseases, subject to such terms and 
conditions as the Secretary determines to be appropriate.

SEC. 5. DURANGO AREA MINERAL WITHDRAWAL.

    (a) Withdrawal.--Subject to valid existing rights, the land and 
mineral interests described in subsection (b) are withdrawn from all 
forms of--
            (1) entry, appropriation, and disposal under the public 
        land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws relating to mineral leasing, 
        geothermal leasing, or mineral materials.
    (b) Description of Land and Mineral Interests.--The land and 
mineral interests referred to in subsection (a) are the Federal land 
and mineral interests generally depicted within the areas designated as 
``Withdrawal Areas'' on the map entitled ``Perins Peak & Animas City 
Mountain, Horse Gulch and Lake Nighthorse Mineral Withdrawal'' and 
dated April 5, 2013.
    (c) Public Purpose Conveyance.--Notwithstanding subsection (a), the 
Secretary of the Interior may convey any portion of the land described 
in subsection (b) that is administered by the Bureau of Land Management 
to the City, the County, or the State--
            (1) pursuant to the Act of June 14, 1926 (commonly known as 
        the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
        seq.); or
            (2) by exchange in accordance with applicable laws 
        (including regulations).

SEC. 6. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO COUNTY.

    (a) In General.--On the expiration of the permit numbered COC 64651 
(09) and dated February 24, 2009, on request and agreement of the 
County, the Secretary of the Interior shall convey to the County, 
without consideration and subject to valid existing rights, all right, 
title, and interest of the United States in and to the land described 
in subsection (b), subject to--
            (1) subsection (c);
            (2) the condition that the County shall pay all 
        administrative and other costs associated with the conveyance; 
        and
            (3) such other terms and conditions as the Secretary of the 
        Interior determines to be necessary.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 82 acres of land managed by the Bureau of 
Land Management, Tres Rios District, Colorado, as generally depicted on 
the map entitled ``La Plata County Grandview Conveyance'' and dated May 
5, 2014.
    (c) Use of Conveyed Land.--The Federal land conveyed pursuant to 
this section may be used by the County for any public purpose, in 
accordance with the Act of June 14, 1926 (commonly known as the 
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.).
    (d) Reversion.--If the County ceases to use a parcel of the Federal 
land conveyed pursuant to this section in accordance with subsection 
(a), title to the parcel shall revert to the Secretary of the Interior, 
at the option of the Secretary of the Interior.

SEC. 7. MOLAS PASS RECREATION AREA; WILDERNESS STUDY AREA RELEASE; 
              WILDERNESS STUDY AREA TRANSFER OF ADMINISTRATIVE 
              JURISDICTION.

    (a) Molas Pass Recreation Area.--
            (1) Designation.--The approximately 461 acres of land in 
        San Juan County, Colorado, that is generally depicted as 
        ``Molas Pass Recreation Area'' on the map entitled ``Molas Pass 
        Recreation Area and Molas Pass Wilderness Study Area'' and 
        dated November 13, 2014, is designated as the ``Molas Pass 
        Recreation Area''.
            (2) Use of snowmobiles.--The use of snowmobiles shall be 
        authorized in the Molas Pass Recreation Area--
                    (A) during periods of adequate snow coverage;
                    (B) in accordance with the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.) and 
                other applicable laws (including regulations);
                    (C) on designated trails for winter motorized 
                travel and grooming;
                    (D) in designated areas for open area motorized 
                travel; and
                    (E) subject to such terms and conditions as the 
                Secretary may require.
            (3) Other recreational opportunities.--In addition to the 
        uses authorized under paragraph (2), the Secretary may 
        authorize other recreational uses in the Molas Pass Recreation 
        Area.
    (b) Molas Pass Wilderness Study Area.--
            (1) Transfer of administrative jurisdiction.--
        Administrative jurisdiction over the Federal land generally 
        depicted as ``Molas Pass Wilderness Study Area'' on the map 
        entitled ``Molas Pass Recreation Area and Molas Pass Wilderness 
        Study Area'', and dated November 13, 2014, is transferred from 
        the Bureau of Land Management to the Forest Service.
            (2) Administration.--The Federal land described in 
        paragraph (1) shall--
                    (A) be known as the ``Molas Pass Wilderness Study 
                Area''; and
                    (B) be administered by the Secretary, so as to 
                maintain the wilderness character and potential of the 
                Federal land for inclusion in the National Wilderness 
                Preservation System.
    (c) Release.--
            (1) Finding.--Congress finds that the land described in 
        paragraph (3) has been adequately studied for wilderness 
        designation under section 603 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1782).
            (2) Release.--Effective beginning on the date of enactment 
        of this Act, the land described in paragraph (3)--
                    (A) shall not be subject to section 603(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1782(c));
                    (B) shall be managed in accordance with land 
                management plans adopted under section 202 of that Act 
                (43 U.S.C. 1712); and
                    (C) shall not be subject to Secretarial Order 3310 
                issued on December 22, 2010.
            (3) Description of land.--The land referred to in 
        paragraphs (1) and (2) is the approximately 461 acres located 
        in the West Needles Contiguous Wilderness Study Area of San 
        Juan County, Colorado, that is generally depicted as ``Molas 
        Pass Recreation Area'' on the map entitled ``Molas Pass 
        Recreation Area and Molas Pass Wilderness Study Area'' and 
        dated November 13, 2014.

SEC. 8. GENERAL PROVISIONS.

    (a) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction or responsibility of the State with regard to fish and 
wildlife in the State.
    (b) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary or the Secretary of the 
        Interior, as appropriate, shall prepare maps and legal 
        descriptions of--
                    (A) the Special Management Area;
                    (B) the wilderness area designated by the amendment 
                made by section 4(a);
                    (C) the withdrawal pursuant to section 5;
                    (D) the conveyance pursuant to section 6;
                    (E) the recreation area designated by section 7(a); 
                and
                    (F) the wilderness study area designated by section 
                (7)(b)(2).
            (2) Force of law.--The maps and legal descriptions prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary concerned may 
        correct any clerical or typographical errors in the maps and 
        legal descriptions.
            (3) Public availability.--The maps and legal descriptions 
        prepared under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service and the Bureau of Land Management.
    (c) Adjacent Management.--
            (1) In general.--Nothing in this Act establishes a 
        protective perimeter or buffer zone around--
                    (A) the Special Management Area; or
                    (B) the wilderness area designated by an amendment 
                made by section 4(a).
            (2) Nonwilderness activities.--The fact that a 
        nonwilderness activity or use can be seen or heard from areas 
        within the wilderness area designated by an amendment made by 
        section 4(a) shall not preclude the conduct of the activity or 
        use outside the boundary of the wilderness area.
    (d) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) any low-level overflight of military aircraft over an 
        area designated as a wilderness area under an amendment made by 
        this Act, including military overflights that can be seen, 
        heard, or detected within the wilderness area;
            (2) flight testing or evaluation; or
            (3) the designation or establishment of--
                    (A) new units of special use airspace; or
                    (B) any military flight training route over a 
                wilderness area described in paragraph (1).
                                                       Calendar No. 632

113th CONGRESS

  2d Session

                                 S. 841

                          [Report No. 113-292]

_______________________________________________________________________

                                 A BILL

 To designate certain Federal land in the San Juan National Forest in 
      the State of Colorado as wilderness, and for other purposes.

_______________________________________________________________________

                           December 10, 2014

                       Reported with an amendment
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