[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3400 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3400

 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

                             July 18, 2012

   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

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hermosa Creek Watershed Protection 
Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (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;
            (2) the Watershed--
                    (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;
                    (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 depend on the Watershed for 
        water supplies, recreation, hunting, fishing, hiking, biking, 
        camping, skiing and related winter activities, off-road vehicle 
        travel for the conduct of scientific activities, scientific 
        research, mineral extraction, and sustainable natural resource 
        development;
            (4) the world-class Hermosa Creek trail network contains 
        outstanding single track mountain bike riding, backcountry 
        hiking, equestrian riding, and motorcycle riding;
            (5) the Watershed provides visitors the opportunity to 
        enjoy the tremendous scenic, natural, cultural, 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 cutthroat trout;
            (8) the work of the State Division of 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;
            (9) the Watershed--
                    (A) provides some of the best backcountry elk 
                habitat in the State; and
                    (B) supports outstanding hunting opportunities;
            (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
            (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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``Map'' means the map entitled ``Hermosa 
        Creek Proposed Watershed Protection Area, 2012'' and dated 
        March 28, 2012.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) Special management area.--The term ``Special Management 
        Area'' means the Hermosa Creek Special Management Area 
        designated by section 5(a).
            (4) State.--The term ``State'' means the State of Colorado.
            (5) Watershed protection area.--The term ``Watershed 
        Protection Area'' means the Hermosa Creek Watershed Protection 
        Area designated 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 Protection Area are--
            (1) to maintain the cultural, economic, and ecological 
        health of the Hermosa Creek Watershed and the surrounding 
        communities that rely on the Watershed;
            (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 water, recreation, and 
        sustainable natural resource uses;
            (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;
            (6) to provide world class opportunities for skiing, 
        biking, hiking, fishing, hunting, horseback riding, 
        snowmobiling, motorcycle riding, snowshoeing, and camping;
            (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;
            (8) to protect the native Colorado River cutthroat 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 
        traditional natural resource development in a matter consistent 
        with the purposes described in paragraphs (1) through (9).

SEC. 5. 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 68,289 
acres, as generally depicted on the Map, 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 and 
values of the Special Management Area.
    (c) Administration.--
            (1) In general.--The Secretary shall administer 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
                            (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 further the purposes 
                described in subsection (b).
                    (B) Motorized 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 vehicles in the Special Management 
                        Area shall be permitted only on roads and 
                        trails designated for use by such vehicles by 
                        the Secretary.
                            (ii) Over-snow vehicles.--The Secretary may 
                        authorize the use of snowmobiles and other 
                        over-snow vehicles within the Special 
                        Management Area--
                                    (I) during periods of adequate snow 
                                cover during the winter season; 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, where established 
                before the date of enactment of this Act--
                            (i) subject to all applicable laws 
                        (including regulations) and Executive orders; 
                        and
                            (ii) consistent with the purpose described 
                        in subsection (b).
                    (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:
                            (i) New road construction or the renovation 
                        of existing nonsystem roads, except as 
                        necessary to protect public health and safety.
                            (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) 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 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.
            (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.
    (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--
            (1) become part of the Special Management Area;
            (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 affects 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 development 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.
    (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--
            (1) all forms of entry, appropriation, and disposal 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.--Congress does not intend for the 
        designation of the Special Management Area 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)) to create 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 conduct of the activities 
        or uses outside the boundary of the wilderness.
    (j) Winter Skiing and Related Winter Activities.--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.
    (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 appropriate; and
                    (B) all applicable laws (including regulations); 
                and
            (2) in a manner consistent with--
                    (A) the purposes described in subsection (b); and
                    (B) this section.
    (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.
    (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 takes into account public input.

SEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION 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; 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 
        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'.''.
    (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)).
    (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.

SEC. 7. PERINS PEAK AND ANIMAS CITY MOUNTAIN 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 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--
            (1) the approximately 8,549 acres of Federal land depicted 
        on the map entitled ``Perins Peak and Animas City Mountain 
        mineral withdrawal'' and dated May 3, 2012; and
            (2) all Federal mineral interests contained within the 
        boundaries of the map described in paragraph (1).
                                 <all>