[House Report 113-693]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-693
======================================================================
HERMOSA CREEK WATERSHED PROTECTION ACT OF 2014
_______
December 22, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1839]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1839) to designate certain Federal land in the
San Juan National Forest in the State of 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 ``Hermosa Creek Watershed Protection Act
of 2014''.
SEC. 2. PURPOSES.
The purposes of this Act 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 residents and visitors the
opportunity to enjoy the recreational, geological, cultural,
natural, scientific, 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 a viable population of the native Colorado
River cutthroat trout fishery located in the Watershed;
(9) to designate the Hermosa Creek Wilderness Area and the
Hermosa Creek Special Management Area; and
(10) to conserve, protect, and manage a healthy Hermosa Creek
Watershed for the long-term ecological integrity of the
Watershed and the long-term economic health of surrounding
communities by allowing sustainable economic development and
traditional natural resource development in a manner consistent
with the purposes described in paragraphs (1) through (8).
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means Durango, Colorado.
(2) County.--The term ``County'' means La Plata County,
Colorado.
(3) Map.--The term ``Map'' means the map entitled ``Hermosa
Creek Proposed Watershed Protection Area'' and dated June 2,
2014.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(5) Special management area.--The term ``Special Management
Area'' means the Hermosa Creek Special Management Area
designated by section 5(a).
(6) State.--The term ``State'' means the State of Colorado.
SEC. 4. HERMOSA CREEK WATERSHED PROTECTION AREA.
Certain Federal land in the San Juan National Forest comprising
approximately 107,866 acres, as generally depicted on the Map may be
called the ``Hermosa Creek Watershed Protection Area''.
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) Administration.--
(1) In general.--The Secretary shall administer the Special
Management Area in accordance with--
(A) the National Forest Management Act of 1976 (16
U.S.C. 1600 et seq.);
(B) this Act; and
(C) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow such uses
of the Special Management Area that the Secretary
determines would further the purposes described in
section 2.
(B) Motorized and mechanized 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 and mechanized vehicles in the
Special Management Area shall be permitted only
on roads and trails designated for use by such
vehicles as identified on the Map as ``Trails
Open to Motorized Uses'' and ``Trails Open to
Mechanized Uses''.
(ii) Over-snow vehicles.--The Secretary shall
authorize the use of snowmobiles and other
over-snow vehicles within the Special
Management Area--
(I) when there is adequate snow
coverage; and
(II) subject to such terms and
conditions as the Secretary may
require.
(iii) Continued access.--Within the Special
Management Area, at a minimum, the Secretary
shall maintain access for motorized and
mechanized recreation opportunities as
identified as ``Trails Open to Motorized Uses''
and ``Trails Open to Mechanized Uses'' on the
Map.
(C) Grazing.--Grazing and other traditional economic
activities are compatible with the Special Management
Area designation and the Secretary shall permit grazing
within the Special Management Area, where established
before the date of enactment of this Act subject to all
applicable laws (including regulations) and Executive
orders.
(D) Prohibited activities.--Within the area of the
Special Management Area identified on the Map as ``East
Hermosa Area'' the following activities shall be
prohibited:
(i) New permanent or temporary road
construction or the renovation of existing
nonsystem roads, except as allowed under the
final rule entitled ``Special Areas; Roadless
Area Conservation; Applicability to the
National Forests in Colorado'' (77 Fed. Reg.
39576 (July 3, 2012)).
(ii) Projects undertaken for the purpose of
harvesting commercial timber (other than
activities relating to the harvest of
merchantable products that are byproducts of
activities conducted for ecological restoration
or to further the purposes described in this
Act).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and a
legal description of the Special Management Area.
(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.
(d) 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) only occur through donation or exchange with the written
consent of the property owner;
(2) become part of the Special Management Area;
(3) be withdrawn in accordance with subsection (g); and
(4) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(e) Fish and Wildlife.--Nothing in this Act affects the jurisdiction
or responsibility of the State with respect to fish and wildlife in the
State.
(f) State and Federal Water Management.--Nothing in this section
shall affect the development, operation, or maintenance of a water
storage reservoir, including necessary ancillary roads and transmission
infrastructure, at the site in the Special Management Area that is
identified in--
(1) pages 17 through 20 of the Statewide Water Supply
Initiative studies prepared by the Colorado Water Conservation
Board and issued by the State in November 2004; and
(2) page 27 of the Colorado Dam Site Inventory prepared by
the Colorado Water Conservation Board and dated August 1996.
(g) Withdrawal.--Subject to valid rights in existence on the date of
enactment of this Act, the Federal land within the Special Management
Area is withdrawn from--
(1) all forms of entry, appropriation, and 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.
(h) Adjacent Management.--
(1) In general.--The Special Management Area designated by
subsection (a) or the wilderness designated by the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77;
107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by
sections 7(a) and 10(b)) shall not create a protective
perimeter or buffer zone around the Special Management Area or
wilderness.
(2) Other activities.--The fact that activities or uses can
be seen, heard, or detected from areas within the wilderness
designated by the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955,
116 Stat. 1055) (as added by sections 7(a) and 10(b)) shall not
preclude, limit, control, regulate, or determine the conduct of
the activities or uses outside the boundary of the wilderness.
(i) Winter Skiing and Related Winter 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.
(j) 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 and management described in section
2; and
(B) this section.
(k) Wildfire, Insect, and Disease Management.--Consistent with this
section, the Secretary is authorized to take any measures that the
Secretary determines to be necessary to manage wildland fire and treat
hazardous fuels, insects, and diseases in the Special Management Area.
The Secretary is further authorized to coordinate such measures with
the appropriate State or local agency, should the Secretary determine
such coordination to be necessary.
(l) Management Plan.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management plan
for the long-term protection and management of the Special Management
Area that--
(1) takes into account public input and the purposes in
section 2; and
(2) provides for the recreational opportunities referred to
in section 2(6) to occur within the Special Management Area.
SEC. 6. STATE WATER RIGHTS.
Nothing in section 5 affects access to, use, or allocation of any
absolute or conditional water right decreed under the laws of the State
and in existence on the date of enactment of this Act.
SEC. 7. HERMOSA CREEK WILDERNESS.
(a) Designation of Wilderness.--Section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107
Stat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by adding at the
end the following:
``(22) Certain land within the San Juan National Forest which
comprise approximately 37,236 acres, as generally depicted on
the Map, and which shall be known as the `Hermosa Creek
Wilderness'.''.
(b) Effective Date.--Any reference in the 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) and section 10(b)), 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. 8. DURANGO AREA MINERAL WITHDRAWAL.
(a) Withdrawal.--Subject to valid existing rights, the land and
mineral interests described in subsection (b) are withdrawn from all
forms of--
(1) entry, appropriation, or disposal under 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 the Federal land and
mineral interests generally depicted within the ``Withdrawal Areas'' on
the map entitled ``Perins Peak & Animas City Mountain, Horse Gulch and
Lake Nighthorse Mineral Withdrawal'' and dated April 5, 2013.
(c) Buffer.--Nothing in this section shall require--
(1) the creation of a protective perimeter or buffer area
outside the boundaries of the withdrawal area described in
subsection (b); or
(2) any prohibition or limitation on activities outside of
the boundaries of the withdrawal area described in subsection
(b) that can be seen, heard, or detected from within the
boundaries of the withdrawal area.
(d) Public Purpose Conveyance.--Notwithstanding subsection (a), the
Secretary may convey any portion of the land described in subsection
(b) to the City, the County, or the State--
(1) pursuant to the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.); or
(2) by exchange in accordance with applicable laws (including
regulations).
SEC. 9. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO LA PLATA
COUNTY.
(a) In General.--On the expiration of the permit numbered COC 64651
(09) and dated February 24, 2009, upon request and agreement of the
County, the Secretary of the Interior shall convey to the County,
without consideration and subject to valid existing rights, all right,
title, and interest of the United States in and to the land described
in subsection (b), subject to such terms and conditions as the
Secretary determines to be necessary.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 111 acres of land managed by the Bureau of
Land Management, Tres Rios District, Colorado, as generally depicted on
the map entitled ``La Plata County Grandview Conveyance'' and dated
March 27, 2013.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall
finalize the legal description of the parcel to be conveyed
under this section.
(2) Minor errors.--The Secretary of the Interior may correct
any minor error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Administrative Costs.--As a condition of the conveyance under
subsection (a), the Secretary of the Interior shall require the County
to pay all administrative costs and costs associated with the
conveyance.
SEC. 10. MOLAS PASS RECREATION AREA; WEMINUCHE WILDERNESS ADDITION;
WILDERNESS STUDY AREA RELEASE.
(a) Molas Pass Recreation Area.--
(1) Designation.--The approximately 461 acres of land in San
Juan County, Colorado, that is generally depicted as ``Molas
Pass Recreation Area'' on the map entitled ``West Needles
Contiguous Wilderness Study Area'' and dated September 11,
2014, is designated as the Molas Pass Recreation Area.
(2) Legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare a legal description of the Molas Pass
Recreation Area.
(B) Force of law.--The legal description under
paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct any errors in the legal description.
(C) Public availability.--The legal description
prepared under paragraph (1) shall be on file and
available for public inspection in the appropriate
offices of the Bureau of Land Management.
(3) Use of snowmobiles.--The use of snowmobiles shall be
authorized in the Molas Pass Recreation Area--
(A) during periods of adequate snow coverage;
(B) in accordance with the Federal Land Policy and
Management Act of 1976 (42 U.S.C. 1701 et seq.) and
applicable laws and regulations;
(C) on designated trails identified as ``Winter Use
Routes and Grooming Trails'' and ``Historic Snow
Dependent Use Route'' on the map entitled, ``Winter Use
Routes and Grooming Trails'' and dated September 11,
2014;
(D) in designated areas for open area motorized
travel; and
(E) subject to such terms and conditions as the
Secretary may require; however, the Secretary shall not
close any road or trail, or a portion of a road or
trail, in the Molas Pass Recreation Area without
simultaneously opening a road or trail, or a portion of
a road or trail, of equivalent value in the immediate
vicinity; further, nothing in this subparagraph shall
prevent the Secretary from temporarily closing a road
or trail for reasons of public safety.
(4) Other recreational opportunities.--The Secretary shall
authorize other recreational uses in the Molas Pass Recreation
Area including, but not limited to, mountain biking.
(b) West Needles Contiguous WSA Addition to the Weminuche
Wilderness.--
(1) Wilderness addition.--Section 2(a)(16) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77;
107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by
striking ``Certain'' and inserting ``Certain lands within the
San Juan National Forest which comprise approximately 499 acres
generally depicted as `Weminuche Wilderness Addition' on the
map entitled `West Needles Contiguous Wilderness Study Area'
and dated September 11, 2014, and certain''.
(2) 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)(16) of the Colorado Wilderness Act
of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756,
114 Stat. 1955, 116 Stat. 1055) (as added by paragraph (1)).
(3) Transfer of administrative jurisdiction.--Administrative
jurisdiction over the Federal land designated as wilderness
under paragraph (1) is transferred from the Bureau of Land
Management to the Forest Service.
(c) Release.--
(1) Finding.--Congress finds that the land described in
paragraph (3) has been adequately studied for wilderness
designation under section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(2) Release.--Any public land described in paragraph (3)--
(A) is no longer subject to--
(i) section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c));
and
(ii) Secretarial Order 3310 issues on
December 22, 2010; and
(B) shall be managed in accordance with land
management plans adopted under section 202 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712).
(3) Description of land.--The land referred to in paragraphs
(1) and (2) is the approximately 461 acres of land in the West
Needles Contiguous Wilderness Study Area of San Juan County,
Colorado, that is generally depicted as ``Molas Pass Recreation
Area'' on the map entitled ``West Needles Contiguous Wilderness
Study Area'' and dated September 11, 2014.
SEC. 11. MILITARY OVERFLIGHTS.
Nothing in this Act restricts or precludes--
(1) low-level overflights of military aircraft over the areas
designated as wilderness under this Act, including military
overflights that can be seen, heard, or detected within the
wilderness areas;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over the wilderness areas.
Purpose of the Bill
The purpose of H.R. 1839 is to designate certain Federal
land in the San Juan National Forest in the State of Colorado
as wilderness.
Background and Need for Legislation
H.R. 1839 would name 107,886 acres of the San Juan National
Forest in Colorado as the Hermosa Creek Watershed Protection
Area. Of the 107,886 aces, 68,289 acres would be designated as
the ``Hermosa Creek Special Management Area'' and 37,236 acres
would be designated as the ``Hermosa Creek Wilderness.'' The
purpose of the Special Management Area is to conserve and
protect the watershed, geological, cultural, natural,
scientific, recreational, wildlife, riparian, historical,
educational, and scenic resources of the area. The bill
requires a management plan for the Special Management Area
within three years of enactment and specifically identifies by
map where mechanized and motorized (over-snow vehicles)
activities will occur in perpetuity. Traditional economic
activities, such as grazing and winter skiing, will also be
allowed to continue in the Special Management Area.
H.R. 1839 would withdraw approximately 13,000 acres in the
Durango, Colorado, area from location, entry, and patent under
mining laws as well as disposition under laws relating to
mineral leasing, geothermal leasing, or mineral materials.
Furthermore, the bill directs the Secretary of the Interior to
convey a parcel of approximately 111 acres managed by the
Bureau of Land Management to La Plata County for uses
consistent with the Recreation and Public Purposes Act and
subject to valid existing rights. Finally, H.R. 1839 would
release approximately 461 acres of the West Needles Contiguous
Wilderness Study Area from wilderness study status and add the
other 499 acres to the existing Weminuche Wilderness.
H.R. 1839 is the result of significant consultation with
affected stakeholders. It reflects the demands of the local
stakeholders and meets the needs of recreationists and the
neighboring community. H.R. 1839 offers a balanced approach to
the designation of wilderness with the creation of a permanent
recreation area, guaranteeing that historic activities and
recreation like snowmobiling can occur with the same permanency
as the wilderness receives.
Committee Action
H.R. 1839 was introduced on May 6, 2013, by Congressman
Scott R. Tipton (R-CO). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittees on Energy and Mineral Resources and Public Lands
and Environmental Regulation. On March 6, 2014, the
Subcommittee on Public Lands and Environmental Regulation held
a hearing on the bill. On September 18, 2014, the Natural
Resources Committee met to consider the bill. The Subcommittees
on Energy and Mineral Resources and Public Lands and
Environmental Regulation were discharged by unanimous consent.
Congressman Scott Tipton offered an amendment in the nature of
a substitute designated .048 to the bill. Congressman Rob
Bishop (R-UT) offered an amendment to the amendment in the
nature of a substitute designated #1; the amendment was adopted
by voice vote. The amendment in the nature of a substitute, as
amended, was adopted by voice vote. No further amendments were
offered and the bill, as amended, was adopted and ordered
favorably reported to the House of Representatives by a
bipartisan roll call vote of 22 to 18, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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
requested but not received a cost estimate for this bill from
the Director of the Congressional Budget Office. The Committee
believes that enactment of this bill will not have a
significant effect on the federal budget.
2. Section 308(a) of 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 Federal land in
the San Juan National Forest in the State of Colorado as
wilderness.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
COLORADO WILDERNESS ACT OF 1993
* * * * * * *
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Addition.--The following lands in the State of Colorado
are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System:
(1) Certain lands in the Gunnison Resource Area
administered by the Bureau of Land Management which
comprise approximately 3,390 acres, as generally
depicted on a map entitled ``American Flats Additions
to the Big Blue Wilderness Proposal (American Flats)'',
dated January, 1993, and which are hereby incorporated
in and shall be deemed to be a part of the wilderness
area designated by section 102(a)(l) of Public Law 96-
560 and renamed Uncompahgre Wilderness by section3(f)
of this Act.
(2) Certain lands in the Gunnison Resource Area
administered by the Bureau of Land Management which
comprise approximately 815 acres, as generally depicted
on a map entitled ``Bill Hare Gulch and Larson Creek
Additions to the Big Blue Wilderness'', dated January,
1993, and which are hereby incorporated in and shall be
deemed to be a part of the wilderness area designated
by section 102(a)(l) of Public Law 96-560 and renamed
Uncompahgre Wilderness by section 3(f) of this Act.
(3) Certain lands in the Pike and San Isabel National
Forests which comprise approximately 43,410 acres, as
generally depicted on a map entitled ``Buffalo Peaks
Wilderness Proposal'', dated January, 1993, and which
shall be known as the Buffalo Peaks Wilderness.
(4) Certain lands in the Gunnison National Forest and
in the Powderhorn Primitive Area administered by the
Bureau of Land Management which comprise approximately
60,100 acres, as generally depicted on a map entitled
``Powderhorn Wilderness Proposal'', dated January,
1993, and which shall be known as the Powderhorn
Wilderness.
(5) Certain lands in the Routt National Forest which
comprise approximately 20,750 acres, as generally
depicted on a map entitled ``Davis Peak Additions to
Mount Zirkel Wilderness Proposal'', dated January,
1993, and which are hereby incorporated in and shall be
deemed to be a part of the Mount Zirkel Wilderness
designated by Public Law 88-555, as amended by Public
Law 96-560.
(6) Certain lands in the Gunnison National Forests
which comprise approximately 33,060 acres, as generally
depicted on a map entitled ``Fossil Ridge Wilderness
Proposal'', dated January, 1993, and which shall be
known as the Fossil Ridge Wilderness.
(7) Certain lands in the San Isabel National Forest
which comprise approximately 22,040 acres, as generally
depicted on a map entitled ``Greenhorn Mountain
Wilderness Proposal'', dated January, 1993, and which
shall be known as the Greenhorn Mountain Wilderness.
(8) Certain lands within the Pike National Forest
which comprise approximately 14,700 acres, as generally
depicted on a map entitled ``Lost Creek Wilderness
Addition Proposal'', dated January, 1993, which are
hereby incorporated in and shall be deemed to be a part
of the Lost Creek Wilderness designated b Public Law
96-560: Provided, That the Secretary is authorized to
acquire, only by donation or exchange, various mineral
reservations held by the State of Colorado within the
boundaries of the Lost Creek Wilderness additions
designated by this Act.
(9) Certain lands in the Gunnison National Forests
which comprise approximately 5,500 acres, as generally
depicted on a map entitled ``0-Be-Joyful Addition to
the Raggeds Wilderness Proposal'', dated January, 1993,
and which are hereby incorporated in and shall be
deemed to be a part of the Raggeds Wilderness
designated by Public Law 96-560.
(10) Certain lands in the Rio Grande and San Isabel
National Forests and lands in the San Luis Resource
Area administered by the Bureau of Land Management
which comprise approximately 226,455 acres, as
generally depicted on four maps entitled ``Sangre de
Cristo Wilderness Proposal (North Section)'', ``Sangre
de Cristo Wilderness Proposal (North Middle Section)'',
``Sangre de Cristo Wilderness Proposal (South Middle
Section)'', and ``Sangre de Cristo Wilderness Proposal
(South Section)'', all dated January, 1993, and which
shall be known as the Sangre de Cristo Wilderness.
(11) Certain lands in the Routt National Forest which
comprise approximately 47,140 acres, as generally
depicted on a map entitled ``Service Creek Wilderness
Proposal (Sarvis Creek Wilderness)'', dated January,
1993, and which shall be known as the Sarvis Creek
Wilderness.
(12) Certain lands in the San Juan National Forest
which comprise approximately 31,100 acres, as generally
depicted on two maps, one entitled ``South San Juan
Wilderness Expansion Proposal, Montezuma Peak'' and the
other entitled ``South San Juan Wilderness Expansion
Proposal, V-Rock Trail'', both dated January, 1993, and
which are hereby incorporated in and shall be deemed to
be a part of the South San Juan Wilderness designated
by Public law 96-560.
(13) Certain lands in the White River National Forest
which comprise approximate 18,330 acres, as generally
depicted on a map entitled ``Spruce Creek Addition to
the Hunter-Fryingpan Wilderness Proposal'', dated
January, 1993, and which are hereby incorporated in and
shall be deemed to be part of the Hunter Fryingpan
Wilderness designated by Public Law 95-327: Provided,
That no right, or claim of right, to the diversion and
use of waters by the Fryinpan-Arkansas Project shall be
prejudiced, expanded, diminished, altered, or affected
by this Act, nor shall anything in this Act be
construed to expand, abate, impair, impede limit,
interfere with, or prevent the construction, operation,
use, maintenance, or repair of the project facilities
and diversion systems to their full extent.
(14) Certain lands in the Arapaho National Forest
which comprise approximately 8,095 acres, as generally
depicted on a map entitled ``Byers Peak Wilderness
Proposal'', dated January, 1993, and which shall be
known as the Byers Peak Wilderness.
(15) Certain lands in the Arapaho National Forest
which comprise approximately 12,300 acres, as generally
depicted on a map entitled ``Vasquez Peak Wilderness
Proposal'', dated January, 1993, and which shall be
known as the Vasquez Peak Wilderness.
(16) [Certain] Certain lands within the San Juan
National Forest which comprise approximately 499 acres
generally depicted as ``Weminuche Wilderness Addition''
on the map entitled ``West Needles Contiguous
Wilderness Study Area'' and dated September 11, 2014,
and certain lands in the San Juan National Forest which
comprise approximately 28,740 acres, as generally
depicted on a man entitled ``West Needle Wilderness
Proposal and Weminuche Additions'', dated January,
1993, and which are hereby incorporated in and shall be
deemed to be a part of the Weminuche Wilderness
designated by Public Law 93-632, as amended by Public
Law 96-560.
(17) Certain lands in the Rio Grande National Forest
which comprise approximately 25,640 acres, as generally
depicted on a map entitled ``Wheeler Addition to the La
Garita Wilderness Proposal'', dated January, 1993, and
which shall be incorporated in and shall be deemed to
be a part of the La Garita Wilderness designated by
Public Law 96-560.
(18) Certain lands in the Arapaho National Forest
which comprise approximately 13,175 acres, as generally
depicted on a map entitled ``Farr Wilderness
Proposal'', dated January, 1993, and which shall be
known as the Ptarmigan Peak Wilderness.
(19) Certain lands in the Arapaho National Forest
which comprise approximately 6,990 acres, as generally
depicted on a map entitled ``Bowen Gulch Additions to
Never Summer Wilderness Proposal'', dated January,
1993, and which are hereby incorporated in and shall be
deemed to be a part of the Never Summer Wilderness
designated by Public Law 96-560.
(20) Spanish peaks wilderness.--Certain land in the
San Isabel National Forest that--
(A) comprises approximately 18,000 acres, as
generally depicted on a map entitled ``Proposed
Spanish Peaks Wilderness'', dated February 10,
1999; and
(B) shall be known as the ``Spanish Peaks
Wilderness''.
(21) Certain lands in the Arapaho/Roosevelt National
Forest which comprise approximately 14,000 acres, as
generally depicted on a map entitled ``Proposed James
Peak Wilderness'', dated September 2001, and which
shall be known as the James Peak Wilderness.
(22) Certain land within the San Juan National Forest
which comprise approximately 37,236 acres, as generally
depicted on the Map, and which shall be known as the
``Hermosa Creek Wilderness''.
(b) Maps and Descriptions.--As soon as practicable after the
date of enactment of this Act, the appropriate Secretary shall
file a map and a boundary description of each area designated
as wilderness by this Act with the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Natural Resources of the United States House of
Representatives. Each map and description shall have the same
force and effect as if included in this Act, except that the
appropriate Secretary is authorized to correct clerical and
typographical errors in such boundary descriptions and maps.
Such maps and boundary descriptions shall be on file and
available for public inspection in the Office of the Chief of
the Forest Service, Department of Agriculture, and the Office
of the Director of the Bureau of Land Management, Department of
the Interior, as appropriate.
* * * * * * *
DISSENTING VIEWS
H.R. 1839: HERMOSA CREEK WATERSHED PROTECTION ACT OF 2013
We oppose H.R. 1839 in its current form because it
overrides years of hard work conducted by local stakeholders in
Southwest Colorado and is now riddled with unworkable,
ideological provisions that will prevent unanimous support,
moving forward. The bill as introduced was a shining example of
ground-up legislation that went through a painstaking process
of local stakeholder outreach and included comprehensive
measures designed to get full buy-in from the diverse local
collaborative group. Subsequently, H.R. 1839 garnered
bipartisan, bicameral support by Colorado's congressional
delegation.
But like many good, bipartisan bills that come before the
Committee on Natural Resources, the majority insisted on
including precedent-setting language in line with narrow
ideological interests that undermine the bill's intent, and
prevent permanent protections of the area's critical natural
resources. During markup, the majority introduced an Amendment
in Nature of a Substitute (ANS) which included hard-release
language that would restrict areas from ever being considered
for Wilderness protection under the Wilderness Act. This is yet
another attempt by the majority to micro-manage the federal
government and leave America's treasured landscapes open for
development.
Furthermore, the majority included in the ANS, language
that would apply a ``no-net loss'' road policy that would
require the opening of a new road if an existing road is
closed. Congress has no business requiring such an unworkable
policy on the land managers. There are a variety of legitimate
circumstances for land managers to close roads, and they should
not be required to make trade-offs when closing roads for any
reason.
The ANS destroys the heart of the original proposal which
was to provide a delicate balance that protects the Hermosa
Creek Watershed which supplies drinking water to the
communities of southwest Colorado while simultaneously allowing
for multiple-use, including development in designated areas, by
removing substantive provisions that change the management
objectives of the area. Stakeholders worked carefully to craft
the bill to provide guidance on how the area should be managed.
Now, the bill severely undermines the intent of the original
stakeholder-driven bill and tips the scales in favor of more
development over conservation.
Furthermore, the majority insists on tying the hands of
federal land managers, refuses to fund agencies adequately, and
works to shut down the government. These actions show how out
of touch the majority is on formulating actual workable policy
in favor of narrow interests. H.R. 1839 is irresponsible public
policy and therefore we cannot support the bill.
Peter DeFazio,
Ranking Member, Committee on
Natural Resources.
Rauul Grijalva,
Ranking Member, Subcommittee
on Public Lands and
Environmental
Regulation.
[all]