1.This Act may be cited as
the Hermosa Creek Watershed Protection
Act of 2012
.
2.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.
3.In this Act:
(1)The
term Map means the map entitled Hermosa Creek Proposed
Watershed Protection Area, 2012
and dated March 28, 2012.
(2)The
term Secretary means the Secretary of Agriculture.
(3)The term Special Management Area
means the Hermosa Creek Special Management Area designated by section
5(a).
(4)The
term State means the State of Colorado.
(5)Watershed
protection areaThe term Watershed Protection Area
means the Hermosa Creek Watershed Protection Area designated by section
4(a).
4.Designation of
Hermosa Creek Watershed Protection Area
(a)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)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).
5.Designation of
Hermosa Creek Special Management Area
(a)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)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)
(1)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)
(A)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)
(i)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)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)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)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)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)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)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 landAny 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)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 managementNothing 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)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)
(1)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)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 activitiesNothing 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)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 managementConsistent 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)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.
6.Additions to the
National Wilderness Preservation System
(a)Designation of
wildernessSection 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)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 diseasesAs 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.
7.Perins Peak and
Animas City Mountain Mineral Withdrawal
(a)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 interestsThe 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).