[Congressional Record Volume 155, Number 168 (Tuesday, November 10, 2009)]
[Senate]
[Pages S11346-S11349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado (for himself and Mr. Bennet):
  S. 2762. A bill to designate certain lands in San Miguel, Ouray, and 
San Juan Counties, Colorado, as wilderness, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the San 
Juan Mountains Wilderness Act of 2009. This bill is the Senate 
companion to the bill introduced by Representative John Salazar in the 
House of Representatives.
  I want to thank Representative Salazar for all of his great work in 
bringing this bill forward. I am proud to sponsor this legislation in 
the Senate along with my Colorado colleague, Senator Bennet.
  The San Juan Mountains Wilderness Act would designate about 33,383 
acres in southwestern Colorado as wilderness, and about 21,697 acres as 
a special management area. It would also withdraw about 6,596 acres 
from mineral entry lands within the Naturita Canyon.
  The bill is the result of the extensive work by many people to 
develop a collaborative approach to wilderness proposals and land 
protection designations. Representative Salazar and his staff worked 
with the affected Colorado county commissioners and interested 
stakeholders in developing this legislation. It is crafted to take into 
account the various ongoing uses of these lands, such as for water and 
recreation, while also providing strong managerial protection for these 
sensitive lands.
  These lands are indeed worthy of this designation.
  This region of Colorado is blessed with stunning beauty. Much of the 
land proposed for wilderness and other protections in this legislation 
are additions to existing wilderness. Those areas include the Mt. 
Sneffels Wilderness Area and the Lizard Head Wilderness--two areas that 
contain fourteen thousand foot peaks. They are defined

[[Page S11347]]

by their rugged beauty or rock and ice surrounded by forests that frame 
these peaks in summer's vibrant greens and brilliant fall colors.
  The bill also establishes a new area called McKenna Peak. This peak 
presides over imposing sandstone cliffs which rise 2,000 feet above the 
plain that presents a remarkable opportunity to add a unique landform 
to the National Wilderness Preservation System. It also provides 
important winter wildlife habitat for large numbers of deer and elk. 
The Peak borders North Mountain, now considered to contain one of the 
largest deer and elk herds in all of Colorado. The Division of Wildlife 
places winter numbers of deer at 500 to 600, with up to 150 wintering 
elk. The favorable habitat for deer and elk naturally draws many 
hunters. Over 30,000 recreation user days are recorded annually during 
hunting season in the game management unit of which McKenna Peak is a 
part.
  A wild horse herd numbering about 100 roams the western reaches of 
McKenna Peak within the designated Spring Creek Wild Horse Herd 
Management Area. Bald eagles winter in the lower reaches of the area, 
and peregrine falcons have been sighted as well. Mountain lions, 
bobcats, and black bear are also known to inhabit McKenna Peak. Other 
natural features of interest include rich fossil beds.
  Moreover, the bill would establish the Sheep Mountain Special 
Management Area. This area is equally as striking as the surrounding 
mountains and valleys that are already protected or would be protected 
as wilderness in this legislation. However, since helicopter skiing 
currently exists in this area, the legislation designates this area in 
a way that protects its wilderness character, but still allows this use 
to continue. It is the sort of accommodation that is reflective of 
sound wilderness and land protection proposals, and I appreciate the 
compromises that are reflected in this approach.
  As many of these lands are in high altitude areas, there should not 
be any issues related to water or other conflicts. As a result, the 
legislation does not exert a federally reserved water right, but allows 
access to existing water facilities and needs while also precluding any 
federal assistance for any new or expansion of existing water resource 
facility.
  This bill has been carefully crafted and narrowly tailored to apply 
deserving protections to these lands. I look forward to working with my 
colleagues in seeing it passed.
  Mr. President, I ask unanimous Consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2762

       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 ``San Juan Mountains 
     Wilderness Act of 2009''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Covered land.--The term ``covered land'' means--
       (A) lands designated as wilderness under section 3 or 
     section 4; and
       (B) lands designated as a special management area under 
     section 4.
       (2) Nonconforming use.--The term ``nonconforming use'' 
     means any commercial helicopter-assisted skiing or 
     snowboarding activities within the lands designated as a 
     special management area under section 4 that have been 
     authorized by the Secretary as of the date of enactment of 
     this Act.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or the Secretary of Agriculture, as 
     appropriate.
       (4) State.--The term ``State'' means the State of Colorado.

     SEC. 3. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.

       (a) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Certain lands in the Grand Mesa, Uncompahgre, and 
     Gunnison National Forests comprising approximately 3,170 
     acres, as generally depicted on a map titled ``Proposed 
     Wilson, Sunshine, Black Face and San Bernardo Additions to 
     the Lizard Head Wilderness'', dated May 2009, and which are 
     hereby incorporated into the Lizard Head Wilderness area.
       (2) Certain lands in the Grand Mesa, Uncompahgre, and 
     Gunnison National Forests comprising approximately 8,375 
     acres, as generally depicted on a map titled ``Proposed 
     Liberty Bell and Last Dollar Additions to the Mt. Sneffels 
     Wilderness'', dated May 2009, and which are hereby 
     incorporated into the Mt. Sneffels Wilderness area.
       (3) Certain lands in the Grand Mesa, Uncompahgre, and 
     Gunnison National Forests comprising approximately 13,224 
     acres, as generally depicted on a map titled ``Proposed 
     Whitehouse Additions to the Mt. Sneffels Wilderness'', dated 
     May 2009, and which are hereby incorporated into the Mt. 
     Sneffels Wilderness area.
       (4)(A) Certain lands in the San Juan Resource Area of the 
     Bureau of Land Management comprising approximately 8,614 
     acres, as generally depicted on a map titled ``Proposed 
     McKenna Peak Wilderness'', dated May 2009, and which shall be 
     known as the McKenna Peak Wilderness.
       (B) The lands designated under subparagraph (A) shall be 
     administered as a component of the National Landscape 
     Conservation System.
       (b) Map and Description.--
       (1) In general.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary shall file a map and 
     a legal description of each wilderness area designated by 
     this Act 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.--A map and legal description filed 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.--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 Forests 
     comprising approximately 21,697 acres as generally depicted 
     on a map titled ``Proposed Sheep Mountain Special Management 
     Area'' and dated May 2009, are hereby 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 Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The maps and legal descriptions filed 
     under paragraph (1) shall have the 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 existing wilderness character and 
     potential for inclusion in the National Wilderness 
     Preservation System.
       (2) Prohibitions.--The following shall be prohibited on the 
     Federal land described in subsection (a):
       (A) Permanent roads.
       (B) Except as necessary to meet the minimum requirements 
     for the administration of the Federal land and to protect 
     public health and safety--
       (i) the use of motorized or mechanized vehicles, except as 
     described in paragraph (3); 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 subsection (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) Withdrawal.--Subject to valid existing rights, the 
     Federal land described in subsection (a) is withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws relating to mineral and 
     energy leasing.
       (e) Designation as Wilderness.--Lands described in 
     subsection (a) shall be designated as wilderness on the date 
     on which the Secretary publishes in the Federal Register 
     notice that the nonconforming use has terminated.
       (f) Administration as Wilderness.--Upon its designation as 
     wilderness under subsection (e), the Sheep Mountain Special 
     Management Area shall be--
       (1) known as the Sheep Mountain Wilderness; and
       (2) administered in accordance with the Wilderness Act (16 
     U.S.C. 1133 et seq.) and section 3.

[[Page S11348]]

     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 administered 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 Special Management Area 
     designated by section 4(a) 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 enactment 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 respect 
     to wildlife and fish.
       (d) No Buffer Zones.--
       (1) In general.--Nothing in this Act shall create a 
     protective perimeter or buffer zone around covered 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 public land 
     laws;
       (2) location, entry, and patent under mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (f) Acquired Land.--Any land or interest in land located 
     inside the boundaries of covered land that is acquired 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 accordance with this 
     Act and other applicable law.
       (g) Grazing.--Grazing in covered land shall be administered 
     in accordance with section 4(d)(4) of the Wilderness Act (16 
     U.S.C. 1133(d)(4)), as further interpreted by section 108 of 
     Public Law 96-560, and the guidelines set forth in appendix A 
     of the Report of the Committee on Interior and Insular 
     Affairs to accompany H.R. 2570 of the 101st Congress (H. 
     Rept. 101-405).
       (h) Ames Hydroelectric Project.--The inclusion in the 
     National Wilderness Preservation System or designation under 
     section 4 of this Act as a Special Management Area as 
     described in section 4 of this Act, shall not be construed to 
     interfere with the operation and maintenance of the Ames 
     Hydroelectric Project, as currently licensed by the Federal 
     Energy Regulatory Commission, or as reauthorized in the 
     future, including reasonable use of National Wilderness 
     Preservation System lands or Special Management Area for any 
     necessary repair or replacement of existing facilities, 
     transport of water and aerial or land access. All means of 
     access to the project that are currently permitted by the 
     Secretary on the date of enactment of this Act shall be 
     maintained.

     SEC. 6. WATER.

       (a) Findings, Purpose, and Definition.--
       (1) Findings.--Congress finds that--
       (A) the lands designated as wilderness or a Special 
     Management Area by this Act are located at the headwaters of 
     the streams and rivers on those lands, with few, if any, 
     actual or proposed water resource facilities located upstream 
     from such lands and few, if any, opportunities for diversion, 
     storage, or other uses of water occurring outside such lands 
     that would adversely affect the wilderness values of such 
     lands;
       (B) the lands designated as wilderness or Special 
     Management Area by this Act are not suitable for use for 
     development of new water resource facilities, or for the 
     expansion of existing facilities; and
       (C) therefore, it is possible to provide for proper 
     management and protection of the wilderness value of such 
     lands in ways different from those utilized in other 
     legislation designating as wilderness lands not sharing the 
     attributes of the lands designated as wilderness or 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 reserved 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, hydropower projects, and 
     transmission and other ancillary facilities, and other water 
     diversion, storage, and carriage structures.
       (b) Restrictions on Rights and Disclaimer of Effect.--
       (1) Water rights claims.--Neither the Secretary 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 Special 
     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.--Except 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 pursuant thereto.
       (4) No precedent.--Nothing in this section shall be 
     construed as establishing a precedent with regard to any 
     future wilderness designations.
       (c) New or Expanded Projects.--Notwithstanding any other 
     provision of law, on and after the date of enactment 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 described 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 Secretary 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, including motorized access 
     where necessary and customarily employed on routes existing 
     as of the date of enactment 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, repaired, and replaced to 
     the extent necessary to maintain 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 existing on the date of 
     enactment of this Act within areas described in sections 3 
     and 4 to be used, operated, maintained, repaired, and 
     replaced to the extent necessary for the continued exercise, 
     in accordance with Colorado State law, of vested water rights 
     adjudicated 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 facility on 
     the water resources and values of the area shall not be 
     increased as a result of changes in the adjudicated type of 
     use of such facility as of the date of enactment of this Act.
       (4) Repair and maintainence.--Water resource facilities, 
     and access routes serving such facilities, existing within 
     the areas described in sections 3 and 4 on the date of 
     enactment of this Act shall be maintained and repaired when 
     and to the extent necessary to prevent increased adverse 
     impacts on the resources and values of the areas described in 
     sections 3 and 4.
       (e) Existing Projects.--Except as provided in subsections 
     (c) and (d), the provisions of this Act related to the areas 
     described in sections 3 and 4, and the inclusion in the 
     National Wilderness Preservation System of the areas 
     described in section 3 and 4, shall not be construed to 
     affect or limit the use, operation, maintenance, repair, 
     modification, or replacement of water resources facilities in 
     existence on the date of enactment of this Act within the 
     boundaries of the areas described in sections 3 and 4.
       (f) Monitoring and Implementation.--The Secretaries of 
     Agriculture and the Interior shall monitor the operation of 
     and access to water resource facilities within the areas 
     described in sections 3 and 4 and take all steps necessary to 
     implement the provisions of this section.
       (g) Interstate Compacts.--Nothing in this Act, and nothing 
     in any previous Act designating any lands as wilderness, 
     shall be construed as limiting, altering, modifying, or 
     amending any of the interstate compacts or equitable 
     apportionment decrees that apportion water among and between 
     the State of Colorado and other States. Except as expressly 
     provided in this section, nothing in this Act shall affect or 
     limit the development or use by existing and future holders 
     of vested water rights of Colorado's full apportionment of 
     such waters.

     SEC. 7. NATURITA CANYON MANAGEMENT PROVISIONS.

       (a) Withdrawal.--Subject to valid rights in existence on 
     the date of the enactment of this Act, land described in 
     subsection (b) is withdrawn from all forms of--
       (1) entry, appropriation, or disposal under public land 
     laws;
       (2) location, entry, and patent under mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

[[Page S11349]]

       (b) Land Described.--The land to be protected under 
     subsection (a) is the approximately 6,596 acres depicted on 
     the map titled ``Naturita Canyon Mineral Withdrawal Area'' 
     and dated May 2009.
                                 ______