IB 
Union Calendar No. 524 
113TH CONGRESS 
2D SESSION 
H. R. 1839 
[Report No. 113–693] 
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 
DECEMBER 22, 2014 
Additional sponsor: Mr. COFFMAN 
DECEMBER 22, 2014 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 6, 2013] 
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A BILL 
To designate certain Federal land in the San Juan National 
Forest in the State of Colorado as wilderness, and for 
other purposes. 
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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 2014’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to maintain the cultural, economic, and eco-
logical health of the Hermosa Creek Watershed and 
the surrounding communities that rely on the Water-
shed; 
(2) to protect the purity of water that comes 
from the Hermosa Creek Watershed and supplies resi-
dents of the Animas River Valley and the city of Du-
rango, 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 
water, recreation, and sustainable natural resource 
uses; 
(5) to protect and provide residents and visitors 
the opportunity to enjoy the recreational, geological, 
cultural, natural, scientific, wildlife, riparian, histor-
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ical, educational, and scenic resources of the Water-
shed; 
(6) to provide world-class opportunities for ski-
ing, biking, hiking, fishing, hunting, horseback riding, 
snowmobiling, motorcycle riding, snowshoeing, and 
camping; 
(7) to provide for economic and natural resource 
development (including sustainable grazing, vegeta-
tion management, beneficial uses of water, and min-
eral extraction) in a manner consistent with pro-
tecting the overall integrity of the Watershed; 
(8) to protect a viable population of the native 
Colorado River cutthroat trout fishery located in the 
Watershed; 
(9) to designate the Hermosa Creek Wilderness 
Area and the Hermosa Creek Special Management 
Area; and 
(10) to conserve, protect, and manage 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 sus-
tainable economic development and traditional nat-
ural resource development in a manner consistent 
with the purposes described in paragraphs (1) 
through (8). 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) CITY.—The term ‘‘City’’ means Durango, 
Colorado. 
(2) COUNTY.—The term ‘‘County’’ means La 
Plata County, Colorado. 
(3) MAP.—The term ‘‘Map’’ means the map enti-
tled ‘‘Hermosa Creek Proposed Watershed Protection 
Area’’ and dated June 2, 2014. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(5) SPECIAL
MANAGEMENT
AREA.—The term 
‘‘Special Management Area’’ means the Hermosa 
Creek Special Management Area designated by section 
5(a). 
(6) STATE.—The term ‘‘State’’ means the State 
of Colorado. 
SEC. 4. HERMOSA CREEK WATERSHED PROTECTION AREA. 
Certain Federal land in the San Juan National Forest 
comprising approximately 107,866 acres, as generally de-
picted on the Map may be called the ‘‘Hermosa Creek Wa-
tershed Protection Area’’. 
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 com-
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prising approximately 68,289 acres, as generally depicted 
on the Map, is designated as the ‘‘Hermosa Creek Special 
Management Area’’. 
(b) ADMINISTRATION.— 
(1) IN GENERAL.—The Secretary shall admin-
ister the Special Management Area in accordance 
with— 
(A) the National Forest Management Act of 
1976 (16 U.S.C. 1600 et seq.); 
(B) this Act; and 
(C) any other applicable laws. 
(2) USES.— 
(A) IN
GENERAL.—The Secretary shall 
allow such uses of the Special Management Area 
that the Secretary determines would further the 
purposes described in section 2. 
(B) MOTORIZED
AND
MECHANIZED
VEHI-
CLES.— 
(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 and mechanized 
vehicles in the Special Management Area 
shall be permitted only on roads and trails 
designated for use by such vehicles as iden-
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tified on the Map as ‘‘Trails Open to Motor-
ized Uses’’ and ‘‘Trails Open to Mechanized 
Uses’’. 
(ii) OVER-SNOW VEHICLES.—The Sec-
retary shall authorize the use of snowmo-
biles and other over-snow vehicles within the 
Special Management Area— 
(I) when there is adequate snow 
coverage; and 
(II) subject to such terms and con-
ditions as the Secretary may require. 
(iii) CONTINUED ACCESS.—Within the 
Special Management Area, at a minimum, 
the Secretary shall maintain access for mo-
torized and mechanized recreation opportu-
nities as identified as ‘‘Trails Open to Mo-
torized Uses’’ and ‘‘Trails Open to Mecha-
nized Uses’’ on the Map. 
(C) GRAZING.—Grazing and other tradi-
tional economic activities are compatible with 
the Special Management Area designation and 
the Secretary shall permit grazing within the 
Special Management Area, where established be-
fore the date of enactment of this Act subject to 
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all applicable laws (including 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 purpose 
of harvesting commercial timber (other than 
activities relating to the harvest of mer-
chantable products that are byproducts of 
activities conducted for ecological restora-
tion or to further the purposes described in 
this Act). 
(c) 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. 
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(2) FORCE OF LAW.—The map and legal descrip-
tion 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 typo-
graphical errors in the map and legal description. 
(3) PUBLIC AVAILABILITY.—The map and legal 
description prepared under paragraph (1) shall be on 
file and available for public inspection in the appro-
priate offices of the Forest Service. 
(d) 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 Spe-
cial Management Area shall— 
(1) only occur through donation or exchange 
with the written consent of the property owner; 
(2) become part of the Special Management 
Area; 
(3) be withdrawn in accordance with subsection 
(g); and 
(4) be managed in accordance with— 
(A) this Act; and 
(B) any other applicable laws. 
(e) FISH AND WILDLIFE.—Nothing in this Act affects 
the jurisdiction or responsibility of the State with respect 
to fish and wildlife in the State. 
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(f) STATE
AND FEDERAL WATER MANAGEMENT.— 
Nothing in this section shall affect the development, oper-
ation, or maintenance of a water storage reservoir, includ-
ing necessary ancillary roads and transmission infrastruc-
ture, 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. 
(g) 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— 
(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. 
(h) ADJACENT MANAGEMENT.— 
(1) IN
GENERAL.—The Special Management 
Area designated by subsection (a) or the wilderness 
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designated by 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 
sections 7(a) and 10(b)) shall not create a protective 
perimeter or buffer zone around the Special Manage-
ment Area or wilderness. 
(2) OTHER ACTIVITIES.—The fact that activities 
or uses can be seen, heard, or detected from areas 
within the wilderness designated by 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 sections 7(a) and 10(b)) shall not 
preclude, limit, control, regulate, or determine the 
conduct of the activities or uses outside the boundary 
of the wilderness. 
(i) 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 governed 
by a ski area permit; or 
(3) the authority of the Secretary to modify or 
expand an existing ski area permit. 
(j) VEGETATION MANAGEMENT.—Nothing in this sec-
tion prevents the Secretary from conducting vegetation 
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management projects within the Special Management 
Area— 
(1) subject to— 
(A) such reasonable regulations, policies, 
and practices as the Secretary determines appro-
priate; and 
(B) all applicable laws (including regula-
tions); and 
(2) in a manner consistent with— 
(A) the purposes and management described 
in section 2; and 
(B) this section. 
(k) WILDFIRE, INSECT, 
AND
DISEASE
MANAGE-
MENT.—Consistent with this section, the Secretary is au-
thorized to take 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. 
The Secretary is further authorized to coordinate such 
measures with the appropriate State or local agency, should 
the Secretary determine such coordination to be necessary. 
(l) 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 man-
agement of the Special Management Area that— 
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(1) takes into account public input and the pur-
poses in section 2; and 
(2) provides for the recreational opportunities re-
ferred to in section 2(6) to occur within the Special 
Management Area. 
SEC. 6. STATE WATER RIGHTS. 
Nothing in section 5 affects access to, use, or allocation 
of any absolute or conditional water right decreed under 
the laws of the State and in existence on the date of enact-
ment of this Act. 
SEC. 7. HERMOSA CREEK WILDERNESS. 
(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: 
‘‘(22) Certain land within the San Juan Na-
tional Forest which comprise approximately 37,236 
acres, as generally depicted on the Map, and which 
shall be known as the ‘Hermosa Creek Wilderness’.’’. 
(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 administering the 
wilderness area designated by section 2(a)(22) of the Colo-
rado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public 
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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 sec-
tion 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) and 
section 10(b)), the Secretary may take any measure that 
the Secretary determines to be necessary to control fire, in-
sects, and diseases, subject to such terms and conditions as 
the Secretary determines to be appropriate. 
SEC. 8. 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; 
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under all laws relating to min-
eral leasing, geothermal leasing, or mineral materials. 
(b) DESCRIPTION
OF LAND
AND MINERAL INTER-
ESTS.—The land and mineral interests referred to in sub-
section (a) are the Federal land and mineral interests gen-
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erally depicted within the ‘‘Withdrawal Areas’’ on the map 
entitled ‘‘Perins Peak & Animas City Mountain, Horse 
Gulch and Lake Nighthorse Mineral Withdrawal’’ and 
dated April 5, 2013. 
(c) BUFFER.—Nothing in this section shall require— 
(1) the creation of a protective perimeter or buff-
er area outside the boundaries of the withdrawal area 
described in subsection (b); or 
(2) any prohibition or limitation on activities 
outside of the boundaries of the withdrawal area de-
scribed in subsection (b) that can be seen, heard, or 
detected from within the boundaries of the withdrawal 
area. 
(d) 
PUBLIC
PURPOSE
CONVEYANCE.—Notwith-
standing subsection (a), the Secretary may convey any por-
tion of the land described in subsection (b) to the City, the 
County, or the State— 
(1) pursuant to the Act of June 14, 1926 (com-
monly 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). 
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SEC. 9. 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, 
upon request and agreement of the County, the Secretary 
of the Interior shall convey to the County, without consider-
ation and subject to valid existing rights, all right, title, 
and interest of the United States in and to the land de-
scribed in subsection (b), subject to such terms and condi-
tions as the Secretary determines to be necessary. 
(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 par-
cel to be conveyed under this section. 
(2) MINOR ERRORS.—The Secretary of the Inte-
rior may correct any minor error in— 
(A) the map; or 
(B) the legal description. 
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(3) AVAILABILITY.—The map and legal descrip-
tion shall be on file and available for public inspec-
tion in the appropriate offices of the Bureau of Land 
Management. 
(d) ADMINISTRATIVE COSTS.—As a condition of the 
conveyance under subsection (a), the Secretary of the Inte-
rior shall require the County to pay all administrative costs 
and costs associated with the conveyance. 
SEC. 10. MOLAS PASS RECREATION AREA; WEMINUCHE WIL-
DERNESS 
ADDITION; 
WILDERNESS 
STUDY 
AREA RELEASE. 
(a) MOLAS PASS RECREATION AREA.— 
(1) DESIGNATION.—The approximately 461 acres 
of land in San Juan County, Colorado, that is gen-
erally depicted as ‘‘Molas Pass Recreation Area’’ on 
the map entitled ‘‘West Needles Contiguous Wilderness 
Study Area’’ and dated September 11, 2014, is des-
ignated as the Molas Pass Recreation Area. 
(2) LEGAL DESCRIPTION.— 
(A) IN GENERAL.—As soon as practicable 
after the date of enactment of this Act, the Sec-
retary shall prepare a legal description of the 
Molas Pass Recreation Area. 
(B) FORCE OF LAW.—The legal description 
under paragraph (1) shall have the same force 
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and effect as if included in this Act, except that 
the Secretary may correct any errors in the legal 
description. 
(C) PUBLIC
AVAILABILITY.—The legal de-
scription prepared under paragraph (1) shall be 
on file and available for public inspection in the 
appropriate offices of the Bureau of Land Man-
agement. 
(3) USE OF SNOWMOBILES.—The use of snowmo-
biles shall be authorized in the Molas Pass Recreation 
Area— 
(A) during periods of adequate snow cov-
erage; 
(B) in accordance with the Federal Land 
Policy and Management Act of 1976 (42 U.S.C. 
1701 et seq.) and applicable laws and regula-
tions; 
(C) on designated trails identified as ‘‘Win-
ter Use Routes and Grooming Trails’’ and ‘‘His-
toric Snow Dependent Use Route’’ on the map 
entitled, ‘‘Winter Use Routes and Grooming 
Trails’’ and dated September 11, 2014; 
(D) in designated areas for open area mo-
torized travel; and 
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(E) subject to such terms and conditions as 
the Secretary may require; however, the Sec-
retary shall not close any road or trail, or a por-
tion of a road or trail, in the Molas Pass Recre-
ation Area without simultaneously opening a 
road or trail, or a portion of a road or trail, of 
equivalent value in the immediate vicinity; fur-
ther, nothing in this subparagraph shall prevent 
the Secretary from temporarily closing a road or 
trail for reasons of public safety. 
(4) OTHER
RECREATIONAL
OPPORTUNITIES.— 
The Secretary shall authorize other recreational uses 
in the Molas Pass Recreation Area including, but not 
limited to, mountain biking. 
(b) WEST NEEDLES CONTIGUOUS WSA ADDITION TO 
THE WEMINUCHE WILDERNESS.— 
(1) WILDERNESS ADDITION.—Section 2(a)(16) 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 striking ‘‘Cer-
tain’’ and inserting ‘‘Certain lands within the San 
Juan National Forest which comprise approximately 
499 acres generally depicted as ‘Weminuche Wilder-
ness Addition’ on the map entitled ‘West Needles Con-
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tiguous Wilderness Study Area’ and dated September 
11, 2014, and certain’’. 
(2) EFFECTIVE DATE.—Any reference in the Wil-
derness 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 sec-
tion 2(a)(16) 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 
paragraph (1)). 
(3) TRANSFER
OF
ADMINISTRATIVE
JURISDIC-
TION.—Administrative jurisdiction over the Federal 
land designated as wilderness under paragraph (1) is 
transferred from the Bureau of Land Management to 
the Forest Service. 
(c) RELEASE.— 
(1) FINDING.—Congress finds that the land de-
scribed 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.—Any public land described in 
paragraph (3)— 
(A) is no longer subject to— 
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(i) section 603(c) of the Federal Land 
Policy and Management Act of 1976 (43 
U.S.C. 1782(c)); and 
(ii) Secretarial Order 3310 issues on 
December 22, 2010; and 
(B) shall be managed in accordance with 
land management plans adopted under section 
202 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1712). 
(3) DESCRIPTION OF LAND.—The land referred 
to in paragraphs (1) and (2) is the approximately 
461 acres of land in the West Needles Contiguous Wil-
derness Study Area of San Juan County, Colorado, 
that is generally depicted as ‘‘Molas Pass Recreation 
Area’’ on the map entitled ‘‘West Needles Contiguous 
Wilderness Study Area’’ and dated September 11, 
2014. 
SEC. 11. MILITARY OVERFLIGHTS. 
Nothing in this Act restricts or precludes— 
(1) low-level overflights of military aircraft over 
the areas designated as wilderness under this Act, in-
cluding military overflights that can be seen, heard, 
or detected within the wilderness areas; 
(2) flight testing and evaluation; or 
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(3) the designation or creation of new units of 
special use airspace, or the establishment of military 
flight training routes over the wilderness areas. 
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Union Calendar No. 524 
113TH CONGRESS 
2D SESSION 
H. R. 1839 
[Report No. 113–693] 
A BILL 
To designate certain Federal land in the San Juan 
National Forest in the State of Colorado as wil-
derness, and for other purposes. 
DECEMBER 22, 2014 
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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Frm 00024
Fmt 6651
Sfmt 6651
E:\BILLS\H1839.RH
H1839
SSpencer on DSK4SPTVN1PROD with BILLS