[House Report 111-600]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-600

======================================================================



 
               SAN JUAN MOUNTAINS WILDERNESS ACT OF 2010

                                _______
                                

 September 16, 2010.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

         Mr. Rahall, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3914]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3914) to designate certain lands in San Miguel, 
Ouray, and San Juan Counties, Colorado, as wilderness, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``San Juan Mountains Wilderness Act of 
2010''.

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 January 26, 2010, 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 January 26, 2010, 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 ``Whitehouse 
        Additions to the Mt. Sneffels Wilderness'', dated January 26, 
        2010, 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 ``McKenna Peak 
        Wilderness'', dated April 15, 2010, 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 January 26, 2010, 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 Natural Resources of the House 
                of Representatives; and
                  (B) the Committee on Energy and Natural Resources of 
                the Senate.
          (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 motor vehicles, motorized 
                        equipment, or mechanical transport, except as 
                        described in paragraph (3) or section 5; 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) 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.
  (e) 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.

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), the Sheep Mountain Wilderness Area 
        designated by section 4(f), 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) Acquisition of Land.--The Secretary may acquire non-Federal land 
within the boundaries of the Special Management Area or the Wilderness 
only through exchange, donation, or purchase from a willing seller.
  (g) 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.
  (h) State Land.--The Secretary is authorized to acquire by donation 
or exchange from the State of Colorado the parcel identified as 
``McKenna Peak Adjacent Parcel'' on the map titled ``McKenna Peak 
Wilderness'' and dated April 15, 2010.
  (i) State Trust Land.--Any portion of the State Trust land parcel 
identified as ``Proposed McKenna Peak Wilderness Addition'' on the map 
titled ``McKenna Peak Wilderness'' and dated April 15, 2010, that is 
acquired by the United States after the date of the enactment of this 
Act shall become part of the McKenna Peak Wilderness and shall be 
managed in accordance with this Act and other applicable laws.
  (j) Grazing.--Within the covered lands in which grazing was 
established before the date of the enactment of this Act, grazing shall 
be allowed to continue, subject to such reasonable regulations, 
policies, and practices as the Secretary determines to be necessary, in 
accordance with--
          (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
        1131(d)(4));
          (2) with respect to wilderness areas administered by the 
        Secretary of Agriculture, the provisions of section 108 of 
        Public Law 96-560; and
          (3) with respect to wilderness areas administered by the 
        Secretary of the Interior, the guidelines described in appendix 
        A of House Report 101-405 of the 101st Congress.
  (k) 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 relicensed within the project 
boundaries set forth in the license on the date of the enactment of 
this Act, 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.
  (l) Prevention of Wildfires.--The inclusion in the National 
Wilderness Preservation System under section 3 or designation under 
section 4 as a Special Management Area under this Act shall not be 
construed to interfere with the authority of the Secretary to authorize 
mechanical thinning of trees or underbrush to prevent or control the 
spread of wildfires.
  (m) Facilitation of Responsible Sport Hunting.--The use of wheeled, 
muscle-powered carts for the removal of shot game is authorized in the 
areas designated under sections 3 and 4 of this Act.

SEC. 6. WATER.

  (a) Findings; Purpose; 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 used in other 
                legislation designating as wilderness lands not sharing 
                the attributes of the lands designated as wilderness or 
                a 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 maintenance.--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.
  (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 January 26, 2010.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3914 is to designate certain lands in 
San Miguel, Ouray, and San Juan Counties, Colorado, as 
wilderness, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3914 would designate 33,383 acres of Forest Service 
and Bureau of Land Management land as wilderness and 21,697 
acres as a special management area, in western Colorado. The 
legislation includes public land in portions of the San Juan, 
Grand Mesa, Uncompahgre and Gunnison National Forests, and the 
San Juan Resource Area of the Bureau of Land Management. Most 
of the additions to the National Wilderness Preservation System 
included in the bill expand existing wilderness areas.
    The San Juan Mountain range is home to many rare, 
threatened or endangered species, including Black Bear, Canada 
lynx, mountain lion, bald eagle and Gunnison sage grouse. Areas 
protected by the proposed wilderness designation would add 
critical, lower-elevation habitat to the existing wilderness 
areas and increase habitat connectivity for these and other 
species. Furthermore, areas included in the legislation are 
within the watershed for cities including Telluride, Ouray, and 
Silverton, Colorado. Supporters of the legislation point out 
that wilderness designation will protect water quality and 
quantity by insuring that these watersheds remain intact and 
undisturbed.
    The proposed designations made by H.R. 3914 have 
significant support in Colorado, including the support of local 
elected officials in San Miguel, Ouray, and San Juan counties, 
which are the counties where the lands in question lie.

                            COMMITTEE ACTION

    H.R. 3914 was introduced on October 22, 2009 by 
Representative John Salazar (D-CO). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Public Lands. 
On January 21, the Subcommittee held a hearing on the bill at 
which the Administration testified in support of the 
legislation.
    On June 16, 2010, the Subcommittee was discharged from 
further consideration of H.R. 3914 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Raul Grijalva (D-AZ) offered an amendment in the 
nature of a substitute to make technical changes requested by 
the Administration and to clarify how the Bureau of Land 
Management may acquire lands near the McKenna Peak Wilderness. 
Subcommittee Ranking Member Bishop (R-UT) offered an amendment 
to the amendment in the nature of a substitute restating 
authority contained in Section 4 of the Wilderness Act, 
allowing for mechanical treatments to be used to stop the 
spread of wildfires. The amendment was agreed to by voice vote.
    Representative Bishop (R-UT) then offered a second 
amendment to the amendment in the nature of a substitute, which 
allows for the use of wheeled, muscle-powered carts in the 
areas addressed by the bill for the removal of shot game. The 
amendment was agreed to by voice vote. The amendment in the 
nature of a substitute, as amended, was then agreed to by voice 
vote. The bill, as amended, was ordered favorably reported to 
the House of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the ``San 
Juan Mountains Wilderness Act of 2010.''

Section 2. Definitions

    Section 2 defines the term ``covered land'' as those lands 
designated as wilderness or as a special management area, by 
this Act. It also defines ``nonconforming use'' to mean 
commercial, helicopter-assisted skiing or snowboarding 
activities within the lands designated as a special management 
area.

Section 3. Additions to the Wilderness Preservation System

    Section 3 identifies approximately 33,383 acres of public 
land to be added to the National Wilderness Preservation 
System. The boundaries for the wilderness areas identified in 
this section are set back 500 feet from private property with 
residential structures. For all mountain biking trails, the 
Forest Service Region 2 trail setback of 50 feet applies, and 
for all ditches, the Forest Service Region 2 setback of either 
the edge of the right-of-way or 50 feet from the edge of the 
canal applies.

Section 4. Sheep Mountain Special Management Area

    Section 4 designates approximately 21,697 acres of public 
land as the ``Sheep Mountain Special Management Area.'' The 
same setbacks used to identify the wilderness boundaries apply 
to the boundary of the Special Management Area.
    Section 4(c) provides for the management of the Special 
Management Area. Specifically, the lands shall be managed so as 
to maintain the area's presently existing wilderness character 
and potential for inclusion in the National Wilderness 
Preservation System. Permanent roads are prohibited, and except 
to meet the needs of protecting public health and safety, the 
use of motorized vehicles and the establishment of temporary 
roads are prohibited. This subsection also provides that the 
Secretary may allow activities, including helisking, that have 
been authorized as of the date of enactment of this Act to 
continue within the Special Management Area.
    Section 4(d) states that the lands designated as the ``The 
Sheep Mountain Special Management Area'' shall be designated as 
wilderness on the date on which the Secretary publishes in the 
Federal Register notice that the nonconforming use has 
terminated.

Section 5. Administrative Provisions

    Section 5(a) gives the Secretary the authority to continue 
permitting a specific competitive running event through the 
Special Management Area and several of the areas designated as 
wilderness by this Act.
    Section 5(b) sets the effective date of the Wilderness Act 
with relation to the areas designated as wilderness by this Act 
as the date of the enactment of this Act.
    Section 5(c) provides that nothing in this Act affects the 
responsibility of the State of Colorado with respect to 
wildlife and fish.
    Section 5(d) clarifies that nothing in this Act creates 
buffer zones around the covered land.
    Section 5(e) withdraws covered land from all forms of 
mineral entry, subject to valid existing rights.
    Section 5(f) allows the Secretary to acquire non-federal 
land within the boundaries of the covered land only through 
exchange, donation, or purchase from a willing seller.
    Section 5(g) provides that any land acquired within the 
boundaries of the covered land after the date of enactment of 
this Act shall be managed as either part of the relevant 
wilderness or Special Management Area.
    Section 5(h) grants the Secretary the authority to acquire 
by donation or exchange from the State of Colorado the parcel 
identified as ``McKenna Peak Adjacent Parcel.''
    Section 5(i) provides that any portion of the State Trust 
land parcel identified as ``Proposed McKenna Peak Wilderness 
Addition'' that is acquired by the United States after the date 
of the enactment of this Act shall become part of the McKenna 
Peak Wilderness.
    Section 5(j) authorizes grazing to continue in accordance 
with the Wilderness Act. For those parcels managed by the 
Forest Service, the provisions of section 108 of Public Law 96-
560 also apply, and with respect to BLM wilderness identified 
in this Act, the guidelines described in appendix A of House 
Report 101-405 of the 101st Congress also apply.
    Section 5(k) specifically addresses the Ames Hydroelectric 
Project. This subsection provides that nothing in this Act 
shall interfere with the operation and maintenance of the 
project, as currently licensed by the Federal Energy Regulatory 
Commission, or as relicensed within the project boundaries.
    Section 5(m) specifies that the use of ``human-powered,'' 
wheeled, game carts will be allowed within the areas designated 
as wilderness in the bill. The Committee reaffirms that hunting 
is a valuable component of wilderness. The Bishop amendment, 
which inserted this subsection, is limited in scope to the 
wilderness designated in H.R. 3914. Carts must be human-
powered, for removal of shot game only, and should only be 
permitted during hunting season. The Secretary retains 
authority pursuant to the Wilderness Act to restrict the use of 
such carts if they present a threat to the wilderness quality 
of the area. It is not the intent of the Committee that game 
carts be introduced into existing or future wilderness areas.

Section 6. Water

    Section 6 describes how water and water rights should be 
managed in the areas designated by this Act. The language is 
similar to that used in the Colorado Wilderness Act of 1993 
(P.L. 103-77). It states that the lands designated by this Act 
are located at the headwaters of streams and rivers with few, 
if any, actual or proposed water resource facilities located 
upstream. It also provides that nothing in this Act shall be 
construed as a creation or reduction of any water rights of the 
United States in the State of Colorado existing before the date 
of enactment of this Act.

Section 7. Naturita Canyon Management Provisions

    Section 7 withdraws approximately 6,596 acres of Forest 
Service lands from mineral development, subject to valid rights 
in existence on the date of the enactment of this Act.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to designate certain lands in San 
Miguel, Ouray, and San Juan Counties, Colorado, as wilderness, 
and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3914--San Juan Mountains Wilderness Act of 2010

    H.R. 3914 would designate about 33,000 acres of land in 
Colorado as wilderness areas and as components of the National 
Wilderness Preservation System. The bill also would designate 
about 22,000 acres of land as a Special Management Area. 
Finally, under H.R. 3914, those areas, including the Naturita 
Canyon Area (approximately 6,600 acres), would be unavailable 
for the development of natural resources.
    Based on information provided by the Forest Service and the 
Bureau of Land Management, CBO estimates that implementing H.R. 
3914 would have no significant effect on the federal budget. 
Enacting H.R. 3914 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures would not apply.
    Because the affected acreage is already protected for 
conservation or wilderness values, CBO estimates that the costs 
of implementing the bill would have no significant effect on 
the cost of administering the area. Additionally, because the 
affected land currently produces no income (and is not expected 
to do so in the future), we estimate that enacting the bill 
would not affect revenues or direct spending.
    Section 6 would prohibit the development of new water 
resource facilities or the enlargement of any existing facility 
within the areas. Reasonable access to existing facilities for 
operation, maintenance, or replacement would not be affected. 
Additionally, water rights already in existence before the date 
of enactment of the bill would not be affected. CBO estimates 
that implementing this provision would have no budgetary 
impact.
    H.R. 3914 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Alan Eder and 
Deborah Reis. The estimate was approved by Sam Papenfuss, Unit 
Chief for Income Security and Education Cost Estimates Unit, 
Budget Analysis Division.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3914 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
