I 
113TH CONGRESS 
1ST SESSION H. R. 1839 
To designate certain Federal land in the San Juan National Forest in the 
State of Colorado as wilderness, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2013 
Mr. TIPTON introduced the following bill; which was referred to the Committee 
on Natural Resources 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hermosa Creek Water-
shed Protection Act of 2013’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the ecological health and integrity of the 
Hermosa Creek Watershed and the economic health 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
of the surrounding communities that rely on the Wa-
tershed are connected; 
(2) the Watershed— 
(A) is the only area in the State that is not 
a unit of National Wilderness Preservation Sys-
tem to achieve a designation of outstanding 
waters by the State; 
(B) provides a crucial source of clean 
drinking water for the residents of the Animas 
River Valley and the city of Durango, Colorado; 
and 
(C) provides high quality agricultural 
water supplies from Hermosa Creek and the 
Animas River; 
(3) the Watershed helps ensure the economic 
prosperity of local communities in the area that de-
pend on the Watershed for water supplies, recre-
ation, hunting, fishing, hiking, biking, camping, ski-
ing and related winter activities, off-road vehicle 
travel, scientific research, mineral extraction, and 
sustainable natural resource development; 
(4) the world-class Hermosa Creek trail net-
work contains outstanding single track mountain 
bike riding, backcountry hiking, equestrian riding, 
and motorcycle riding; 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(5) the Watershed provides visitors the oppor-
tunity to enjoy the tremendous scenic, natural, cul-
tural, and recreational resources of the area; 
(6) ecologically sustainable grazing has been 
conducted in a manner that has preserved the high 
quality of the Watershed; 
(7) the native Colorado River cutthroat trout 
fishery located in the Watershed— 
(A) is one of the most important fisheries 
in the State; 
(B) is crucial for the long-term survival of 
the cutthroat trout; and 
(C) provides an opportunity for anglers to 
have a catch and release fishery for the cut-
throat trout; 
(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 imper-
iled species of fish; 
(9) the Watershed— 
(A) provides some of the best backcountry 
elk habitat in the State; and 
(B) supports outstanding hunting opportu-
nities; 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(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 excel-
lent wildlife habitat and excellent opportunities for 
solitude and backcountry recreation; and 
(11) designation of the Hermosa Creek Wilder-
ness Area, Watershed Protection Area, and Special 
Management Area would protect those areas in per-
petuity for the benefit of the people of the United 
States. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COUNTY.—The term ‘‘County’’ means La 
Plata County, Colorado. 
(2) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Hermosa Creek Proposed Watershed Protec-
tion Area, 2012’’ and dated March 28, 2012. 
(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 sec-
tion 5(a). 
(5) STATE.—The term ‘‘State’’ means the State 
of Colorado. 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(6) 
WATERSHED
PROTECTION
AREA.—The 
term ‘‘Watershed Protection Area’’ means the 
Hermosa Creek Watershed Protection Area des-
ignated by section 4(a). 
SEC. 4. DESIGNATION OF HERMOSA CREEK WATERSHED 
PROTECTION AREA. 
(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’’. 
(b) PURPOSES.—The purposes of the Watershed Pro-
tection Area are— 
(1) to maintain the cultural, economic, and eco-
logical health of the Hermosa Creek Watershed and 
the surrounding communities that rely on the Wa-
tershed; 
(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; 
(3) to protect the purity of, and water supply 
from, the Hermosa Creek Watershed for agricultural 
purposes, including irrigation and stockwater uses; 
(4) to enhance the economic prosperity of local 
communities in the area who depend on the area for 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
water, recreation, and sustainable natural resource 
uses; 
(5) to protect and provide visitors the oppor-
tunity to enjoy the recreational, geological, cultural, 
natural, scientific, recreational, wildlife, riparian, 
historical, educational, and scenic resources of the 
Watershed; 
(6) to provide world class opportunities for ski-
ing, biking, hiking, fishing, hunting, horseback rid-
ing, snowmobiling, motorcycle riding, snowshoeing, 
and camping; 
(7) to provide for economic and natural re-
source 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; 
(8) to protect the native Colorado River cut-
throat trout fishery located in the Watershed; 
(9) to designate the Hermosa Creek Wilderness 
Area and the Special Management Area; and 
(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 
VerDate Mar 15 2010 
00:07 May 08, 2013
Jkt 029060
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
traditional natural resource development in a matter 
consistent with the purposes described in paragraphs 
(1) through (9). 
SEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MAN-
AGEMENT AREA. 
(a) DESIGNATION.—Subject to valid existing rights, 
certain Federal land in the San Juan National Forest 
comprising approximately 68,289 acres, as generally de-
picted on the Map, is designated as the ‘‘Hermosa Creek 
Special Management Area’’. 
(b) PURPOSE.—The purpose of the Special Manage-
ment 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. 
(c) ADMINISTRATION.— 
(1) IN GENERAL.—The Secretary shall admin-
ister the Special Management Area— 
(A) in a manner that— 
(i) conserves, protects, and enhances 
the resources and values of the Special 
Management Area described in subsection 
(b); and 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(ii) protects a viable population of 
Colorado River Cutthroat Trout; 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 that the Secretary determines would fur-
ther the purposes described in subsection (b). 
(B) MOTORIZED VEHICLES.— 
(i) IN GENERAL.—Except as provided 
in clause (ii) and as needed for administra-
tive purposes or to respond to an emer-
gency, the use of motorized vehicles in the 
Special Management Area shall be per-
mitted only on roads and trails designated 
for use by such vehicles by the Secretary. 
(ii) OVER-SNOW VEHICLES.—The Sec-
retary may authorize the use of snowmo-
biles and other over-snow vehicles within 
the Special Management Area— 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(I) during periods of adequate 
snow cover during the winter season; 
and 
(II) subject to such terms and 
conditions as the Secretary may re-
quire. 
(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 (includ-
ing regulations) and Executive orders. 
(D) PROHIBITED ACTIVITIES.—Within the 
area of the Special Management Area identified 
on the Map as ‘‘East Hermosa Area’’ the fol-
lowing 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 pur-
pose of harvesting commercial timber 
(other than activities relating to the har-
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
vest of merchantable products that are by-
products of activities conducted for ecologi-
cal restoration or to further the purposes 
described in this Act). 
(d) MAP AND LEGAL DESCRIPTION.— 
(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. 
(2) FORCE OF LAW.—The map and legal de-
scription 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 descrip-
tion. 
(3) PUBLIC AVAILABILITY.—The map and legal 
description prepared under paragraph (1) shall be 
on file and available for public inspection in the ap-
propriate offices of the Forest Service. 
(e) INCORPORATION OF ACQUIRED LAND AND INTER-
ESTS IN LAND.—Any land or interest in land that is ac-
quired by the United States within the boundary of the 
Special Management Area shall— 
(1) become part of the Special Management 
Area; 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(2) be withdrawn in accordance with subsection 
(h); and 
(3) be managed in accordance with— 
(A) this Act; and 
(B) any other applicable laws. 
(f) FISH AND WILDLIFE.—Nothing in this Act af-
fects the jurisdiction or responsibility of the State with 
respect to fish and wildlife in the State. 
(g) STATE AND FEDERAL WATER MANAGEMENT.— 
Nothing in this section affects the potential for develop-
ment, operation, or maintenance of a water storage res-
ervoir 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 Col-
orado Water Conservation Board and issued by the 
State in November 2004; and 
(2) page 27 of the Colorado Dam Site Inven-
tory prepared by the Colorado Water Conservation 
Board and dated August 1996. 
(h) WITHDRAWAL.—Subject to valid rights in exist-
ence on the date of enactment of this Act, the Federal 
land within the Special Management Area is withdrawn 
from— 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(1) all forms of entry, appropriation, and dis-
posal under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(i) ADJACENT MANAGEMENT.— 
(1) IN
GENERAL.—The Special Management 
Area designated by subsection (a) or the wilderness 
designated by section 2(a)(22) of the Colorado Wil-
derness 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 cre-
ate a protective perimeter or buffer zone around the 
Special Management Area or wilderness. 
(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 con-
duct of the activities or uses outside the boundary 
of the wilderness. 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(j) WINTER SKIING AND RELATED WINTER ACTIVI-
TIES.—Nothing in this Act alters or limits— 
(1) a permit held by a ski area; 
(2) the implementation of the activities gov-
erned by a ski area permit; or 
(3) the authority of the Secretary to modify or 
expand an existing ski area permit. 
(k) 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 ap-
propriate; and 
(B) all applicable laws (including regula-
tions); and 
(2) in a manner consistent with— 
(A) the purposes described in subsection 
(b); and 
(B) this section. 
(l) WILDFIRE, INSECT, AND DISEASE MANAGE-
MENT.—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 Spe-
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
cial Management Area, including, as the Secretary deter-
mines to be appropriate, the coordination of the measures 
with the State or a local agency. 
(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— 
(1) takes into account public input; and 
(2) includes a certification by the Secretary 
that there are adequate opportunities in the Special 
Management Area for each of the recreational op-
portunities referred to in section 4(b)(6). 
SEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRES-
ERVATION SYSTEM. 
(a) DESIGNATION OF WILDERNESS.—Section 2(a) of 
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 
note; Public Law 103–77) is amended by adding at the 
end the following: 
‘‘(22) Certain land within the San Juan Na-
tional 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 Wilder-
ness’.’’. 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(b) EFFECTIVE DATE.—Any reference in the Wilder-
ness 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 admin-
istering 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)). 
(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 Sec-
retary determines to be necessary to control fire, insects, 
and diseases, subject to such terms and conditions as the 
Secretary determines to be appropriate. 
SEC. 7. 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, or disposal under pub-
lic land laws; 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under all laws relating to min-
eral leasing, geothermal leasing, or mineral mate-
rials. 
(b) DESCRIPTION OF LAND AND MINERAL INTER-
ESTS.—The land and mineral interests referred to in sub-
section (a) are— 
(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 
(2) all Federal mineral interests contained with-
in the boundaries of the map described in paragraph 
(1). 
(c) BUFFER.—Nothing in this section may require— 
(1) the creation of a protective perimeter or 
buffer area outside the boundaries of the withdrawal 
area described in subsection (b); or 
(2) any prohibition on activities outside of the 
boundaries of the withdrawal area described in sub-
section (b) that can be seen or heard from within 
the boundaries of the withdrawal area. 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
SEC. 8. CONVEYANCE OF BUREAU OF LAND MANAGEMENT 
LAND TO LA PLATA COUNTY. 
(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). 
(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 enti-
tled ‘‘La Plata County Grandview Conveyance’’ and dated 
March 27, 2013. 
(c) MAP AND LEGAL DESCRIPTION.— 
(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. 
(2) MINOR ERRORS.—The Secretary of the In-
terior may correct any minor error in— 
(A) the map; or 
(B) the legal description. 
(3) AVAILABILITY.—The map and legal descrip-
tion shall be on file and available for public inspec-
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
tion in the appropriate offices of the Bureau of 
Land Management. 
(d) USE OF CONVEYED LAND.—The land conveyed 
under this section shall be used only for any public pur-
pose 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.). 
(e) ADMINISTRATIVE COSTS.—The Secretary of the 
Interior shall require the County to pay all survey costs 
and other administrative costs necessary for the prepara-
tion and completion of any patents for, and transfers of 
title to, the land described in subsection (b). 
(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 convey-
ance including the costs of any environmental, wildlife, 
cultural, or historical resources studies. 
SEC. 9. RELEASE OF WILDERNESS STUDY AREAS. 
(a) FINDING.—Congress finds that the land de-
scribed 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). 
(b) RELEASE.—The land described in subsection 
(c)— 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS
(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 
(2) shall be managed in accordance with land 
management plans adopted under section 202 of 
that Act (43 U.S.C. 1712). 
(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. 
SEC. 10. ADMINISTRATIVE COSTS. 
Any signs, fixtures, alterations, or additions needed 
in connection with the designations established in this Act 
or for the advertisement of such designations shall be paid 
for only with non-Federal funds or amounts made avail-
able for such purposes in Acts of appropriation before the 
date of the enactment of this Act. 
Æ 
VerDate Mar 15 2010 
22:57 May 07, 2013
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6301
E:\BILLS\H1839.IH
H1839
tkelley on DSK3SPTVN1PROD with BILLS