(3) PUBLIC AVAILABILITY.—Each map and legal 
description filed under paragraph (1) shall be filed 
and made available for public inspection in the Office 
of the Director of the Bureau of Land Management 
and in the Office of the Chief of the Forest Service, 
as appropriate. 
SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA. 
(a) DESIGNATION.—Certain lands in the Grand Mesa, 
Uncompahgre, and Gunnison and San Juan National For-
ests comprising approximately 21,697 acres as generally de-
picted on a map titled ‘‘Proposed Sheep Mountain Special 
Management Area’’ and dated January 26, 2010, are here-
by designated as the Sheep Mountain Special Management 
Area. 
(b) MAPS AND DESCRIPTIONS.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary shall 
file maps and legal descriptions of the Federal land 
described in subsection (a) with— 
(A) the Committee on Natural Resources of 
the House of Representatives; and 
(B) the Committee on Energy and Natural 
Resources of the Senate. 
(2) FORCE OF LAW.—The maps and legal de-
scriptions filed under paragraph (1) shall have the 
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same force and effect as if included in this Act, except 
that the Secretary may correct typographical errors 
in the maps and legal descriptions. 
(3) PUBLIC AVAILABILITY.—Each map and legal 
description filed under paragraph (1) shall be on file 
and available for public inspection in the appropriate 
offices of the United States Forest Service. 
(c) MANAGEMENT.— 
(1) IN
GENERAL.—Until Congress determines 
otherwise, activities within the area designated in 
subsection (a) shall be managed by the Secretary of 
Agriculture so as to maintain the area’s presently ex-
isting wilderness character and potential for inclusion 
in the National Wilderness Preservation System. 
(2) PROHIBITIONS.—The following shall be pro-
hibited on the Federal land described in subsection 
(a): 
(A) Permanent roads. 
(B) Except as necessary to meet the min-
imum requirements for the administration of the 
Federal land and to protect public health and 
safety— 
(i) the use of motor vehicles, motorized 
equipment, or mechanical transport, except 
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as described in paragraph (3) or section 5; 
and 
(ii) the establishment of temporary 
roads. 
(3) ALLOWABLE
ACTIVITIES.—The Secretary 
may allow activities, including helisking, that have 
been authorized as of the date of the enactment of this 
Act to continue within the area designated in sub-
section (a). The designation under subsection (a) shall 
not impact future permit processes relating to such 
activities. 
(4) APPLICABLE LAW.—Any uses of the Federal 
land described in subsection (a), including activities 
described in paragraph (3), shall be in accordance 
with applicable law. 
(d) DESIGNATION AS WILDERNESS.—Lands described 
in subsection (a) shall be designated as wilderness on the 
date on which the Secretary publishes in the Federal Reg-
ister notice that the nonconforming use has terminated. 
(e) ADMINISTRATION AS WILDERNESS.—Upon its des-
ignation as wilderness under subsection (e), the Sheep 
Mountain Special Management Area shall be— 
(1) known as the Sheep Mountain Wilderness; 
and 
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(2) administered in accordance with the Wilder-
ness Act (16 U.S.C. 1133 et seq.) and section 3. 
SEC. 5. ADMINISTRATIVE PROVISIONS. 
(a) IN GENERAL.— 
(1) Subject to valid rights in existence on the 
date of the enactment of this Act, land designated as 
wilderness under section 3 or section 4 shall be ad-
ministered by the Secretary in accordance with— 
(A) the Wilderness Act (16 U.S.C. 1131 et 
seq.); and 
(B) this Act. 
(2) The Secretary may continue to authorize the 
competitive running event permitted since 1992 in the 
vicinity of the boundaries of the Sheep Mountain Spe-
cial Management Area designated by section 4(a), the 
Sheep Mountain Wilderness Area designated by sec-
tion 4(f), and the Liberty Bell addition to the Mt. 
Sneffels Wilderness designated by section 3(a)(2) in a 
manner compatible with the preservation of such 
areas as wilderness. 
(b) EFFECTIVE DATE OF THE WILDERNESS ACT.— 
With respect to land designated as wilderness under section 
3 or section 4, any reference in the Wilderness Act (16 
U.S.C. 1131 et seq.) to the effective date of the Wilderness 
Act shall be deemed to be a reference to the date of the enact-
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ment of this Act or the date of the Secretary designating 
the land as wilderness. 
(c) FISH AND WILDLIFE.—Nothing in this Act shall 
affect the jurisdiction or responsibility of the State with re-
spect to wildlife and fish. 
(d) NO BUFFER ZONES.— 
(1) IN GENERAL.—Nothing in this Act shall cre-
ate a protective perimeter or buffer zone around cov-
ered land. 
(2) ACTIVITIES OUTSIDE WILDERNESS.—The fact 
that a nonwilderness activity or use can be seen or 
heard from within covered land shall not preclude the 
conduct of the activity or use outside the boundary of 
the covered land. 
(e) WITHDRAWAL.—Subject to valid rights in existence 
on the date of the enactment of this Act, covered land is 
withdrawn from all forms of— 
(1) entry, appropriation, or disposal under pub-
lic land laws; 
(2) location, entry, and patent under mining 
laws; and 
(3) disposition under all laws pertaining to min-
eral and geothermal leasing or mineral materials. 
(f) ACQUISITION OF LAND.—The Secretary may ac-
quire non-Federal land within the boundaries of the Special 
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Management Area or the Wilderness only through exchange, 
donation, or purchase from a willing seller. 
(g) ACQUIRED LAND.—Any land or interest in land 
located inside the boundaries of covered land that is ac-
quired by the United States after the date of the enactment 
of this Act shall become part of the relevant wilderness or 
special management area and shall be managed in accord-
ance with this Act and other applicable law. 
(h) STATE LAND.—The Secretary is authorized to ac-
quire by donation or exchange from the State of Colorado 
the parcel identified as ‘‘McKenna Peak Adjacent Parcel’’ 
on the map titled ‘‘McKenna Peak Wilderness’’ and dated 
April 15, 2010. 
(i) STATE TRUST LAND.—Any portion of the State 
Trust land parcel identified as ‘‘Proposed McKenna Peak 
Wilderness Addition’’ on the map titled ‘‘McKenna Peak 
Wilderness’’ and dated April 15, 2010, that is acquired by 
the United States after the date of the enactment of this 
Act shall become part of the McKenna Peak Wilderness and 
shall be managed in accordance with this Act and other 
applicable laws. 
(j) GRAZING.—Within the covered lands in which graz-
ing was established before the date of the enactment of this 
Act, grazing shall be allowed to continue, subject to such 
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reasonable regulations, policies, and practices as the Sec-
retary determines to be necessary, in accordance with— 
(1) section 4(d)(4) of the Wilderness Act (16 
U.S.C. 1131(d)(4)); 
(2) with respect to wilderness areas administered 
by the Secretary of Agriculture, the provisions of sec-
tion 108 of Public Law 96-560; and 
(3) with respect to wilderness areas administered 
by the Secretary of the Interior, the guidelines de-
scribed in appendix A of House Report 101-405 of the 
101st Congress. 
(k) AMES HYDROELECTRIC PROJECT.—The inclusion 
in the National Wilderness Preservation System or designa-
tion under section 4 of this Act as a Special Management 
Area as described in section 4 of this Act, shall not be con-
strued to interfere with the operation and maintenance of 
the Ames Hydroelectric Project, as currently licensed by the 
Federal Energy Regulatory Commission, or as relicensed 
within the project boundaries set forth in the license on the 
date of the enactment of this Act, including reasonable use 
of National Wilderness Preservation System lands or Spe-
cial Management Area for any necessary repair or replace-
ment of existing facilities, transport of water and aerial 
or land access. All means of access to the project that are 
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currently permitted by the Secretary on the date of enact-
ment of this Act shall be maintained. 
(l) PREVENTION OF WILDFIRES.—The inclusion in the 
National Wilderness Preservation System under section 3 
or designation under section 4 as a Special Management 
Area under this Act shall not be construed to interfere with 
the authority of the Secretary to authorize mechanical 
thinning of trees or underbrush to prevent or control the 
spread of wildfires. 
(m) FACILITATION OF RESPONSIBLE SPORT HUNT-
ING.—The use of wheeled, muscle-powered carts for the re-
moval of shot game is authorized in the areas designated 
under sections 3 and 4 of this Act. 
SEC. 6. WATER. 
(a) FINDINGS; PURPOSE; DEFINITION.— 
(1) FINDINGS.—Congress finds that— 
(A) the lands designated as wilderness or a 
Special Management Area by this Act are lo-
cated at the headwaters of the streams and rivers 
on those lands with few, if any, actual or pro-
posed water resource facilities located upstream 
from such lands and few, if any, opportunities 
for diversion, storage, or other uses of water oc-
curring outside such lands that would adversely 
affect the wilderness values of such lands; 
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(B) the lands designated as wilderness or 
Special Management Area by this Act are not 
suitable for use for development of new water re-
source facilities, or for the expansion of existing 
facilities; and 
(C) therefore, it is possible to provide for 
proper management and protection of the wilder-
ness value of such lands in ways different from 
those used in other legislation designating as 
wilderness lands not sharing the attributes of the 
lands designated as wilderness or a Special 
Management Area by this Act. 
(2) PURPOSE.—The purpose of this section is to 
protect the wilderness values of the lands designated 
as wilderness or Special Management Area by this 
Act by means other than those based on a Federal re-
served water right. 
(3) DEFINITION.—As used in this section, the 
term ‘‘water resource facility’’ means irrigation and 
pumping facilities, reservoirs, water conservation 
works, aqueducts, canals, ditches, pipelines, wells, hy-
dropower projects, and transmission and other ancil-
lary facilities, and other water diversion, storage, and 
carriage structures. 
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(b) RESTRICTIONS ON RIGHTS AND DISCLAIMER OF 
EFFECT.— 
(1) WATER RIGHTS CLAIMS.—Neither the Sec-
retary of Agriculture nor the Secretary of the Interior, 
nor any other officer, employee, representative, or 
agent of the United States, nor any other person, 
shall assert in any court or agency, nor shall any 
court or agency consider, any claim to or for water 
or water rights in the State of Colorado, which is 
based on any construction of any portion of this Act, 
or the designation of any lands as wilderness or Spe-
cial Management Area by this Act, as constituting an 
express or implied reservation of water or water 
rights. 
(2) NO AFFECT ON WATER RIGHTS.—Nothing in 
this Act shall be construed as a creation, recognition, 
disclaimer, relinquishment, or reduction of any water 
rights of the United States in the State of Colorado 
existing before the date of enactment of this Act. 
(3) NO INTERPRETATION OR DESIGNATION.—Ex-
cept as provided in subsection (g), nothing in this Act 
shall be construed as constituting an interpretation of 
any other Act or any designation made by or pursu-
ant thereto. 
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(4) NO
PRECEDENT.—Nothing in this section 
shall be construed as establishing a precedent with re-
gard to any future wilderness designations. 
(c) NEW OR EXPANDED PROJECTS.—Notwithstanding 
any other provision of law, on and after the date of enact-
ment of this Act neither the President nor any other officer, 
employee, or agent of the United States shall fund, assist, 
authorize, or issue a license or permit for the development 
of any new water resource facility within the areas de-
scribed in sections 3 and 4 or the enlargement of any water 
resource facility within the areas described in sections 3 
and 4. 
(d) ACCESS AND OPERATION.— 
(1) ACCESS TO WATER RESOURCE FACILITIES.— 
Subject to the provisions of this subsection, the Sec-
retary shall allow reasonable access to water resource 
facilities in existence on the date of enactment of this 
Act within the areas described in sections 3 and 4, in-
cluding motorized access where necessary and custom-
arily employed on routes existing as of the date of en-
actment of this Act. 
(2) ACCESS
ROUTES.—Existing access routes 
within such areas customarily employed as of the date 
of enactment of this Act may be used, maintained, re-
paired, and replaced to the extent necessary to main-
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tain their present function, design, and serviceable 
operation, so long as such activities have no increased 
adverse impacts on the resources and values of the 
areas described in sections 3 and 4 than existed as of 
the date of enactment of this Act. 
(3) USE
OF
WATER
RESOURCE
FACILITIES.— 
Subject to the provisions of subsections (c) and (d), 
the Secretary shall allow water resource facilities ex-
isting on the date of enactment of this Act within 
areas described in sections 3 and 4 to be used, oper-
ated, maintained, repaired, and replaced to the extent 
necessary for the continued exercise, in accordance 
with Colorado State law, of vested water rights adju-
dicated for use in connection with such facilities by 
a court of competent jurisdiction prior to the date of 
enactment of this Act. The impact of an existing facil-
ity on the water resources and values of the area shall 
not be increased as a result of changes in the adju-
dicated type of use of such facility as of the date of 
enactment of this Act. 
(4) REPAIR AND MAINTENANCE.—Water resource 
facilities, and access routes serving such facilities, ex-
isting within the areas described in sections 3 and 4 
on the date of enactment of this Act shall be main-
tained and repaired when and to the extent necessary 
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Union Calendar No. 345 
111TH CONGRESS 
2D SESSION 
H. R. 3914 
[Report No. 111–600] 
A BILL 
To designate certain lands in San Miguel, Ouray, 
and San Juan Counties, Colorado, as wilderness, 
and for other purposes. 
SEPTEMBER 16, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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