[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]