[Senate Report 113-292]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 632
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-292

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



 
                 HERMOSA CREEK WATERSHED PROTECTION ACT

                                _______
                                

               December 10, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 841]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 841) 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, 
reports favorably thereon with an amendment and recommends 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. DEFINITIONS.

  In this Act:
          (1) City.--The term ``City'' means the city of Durango, 
        Colorado.
          (2) County.--The term ``County'' means La Plata County, 
        Colorado.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.
          (4) Special management area.--The term ``Special Management 
        Area'' means the Hermosa Creek Special Management Area 
        designated by section 3(a).
          (5) State.--The term ``State'' means the State of Colorado.

SEC. 3. 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 70,650 
acres, as generally depicted on the map entitled ``Proposed Hermosa 
Creek Special Management Area and Proposed Hermosa Creek Wilderness 
Area'' and dated November 12, 2014, is designated as the ``Hermosa 
Creek Special Management Area''.
  (b) Purpose.--The purpose of the Special Management Area is to 
conserve and protect for the benefit of present and future generations 
the watershed, geological, cultural, natural, scientific, recreational, 
wildlife, riparian, historical, educational, and scenic resources of 
the Special Management Area.
  (c) Administration.--
          (1) In general.--The Secretary shall administer the Special 
        Management Area--
                  (A) in a manner that conserves, protects, and manages 
                the resources of the Special Management Area described 
                in subsection (b); and
                  (B) in accordance with--
                          (i) the National Forest Management Act of 
                        1976 (16 U.S.C. 1600 et seq.);
                          (ii) this Act; and
                          (iii) any other applicable laws.
          (2) Uses.--
                  (A) In general.--The Secretary shall allow only such 
                uses of the Special Management Area as the Secretary 
                determines would further the purposes described in 
                subsection (b).
                  (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 or mechanized vehicles in the Special 
                        Management Area shall be permitted only on 
                        roads and trails designated by the Secretary 
                        for use by those vehicles.
                          (ii) Oversnow vehicles.--The Secretary shall 
                        authorize the use of snowmobiles and other 
                        oversnow vehicles within the Special Management 
                        Area--
                                  (I) when there exists adequate snow 
                                coverage; and
                                  (II) subject to such terms and 
                                conditions as the Secretary may 
                                require.
                  (C) Grazing.--The Secretary shall permit grazing 
                within the Special Management Area, if 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 as ``East Hermosa 
                Area'' on the map entitled ``Proposed Hermosa Creek 
                Special Management Area and Proposed Hermosa Creek 
                Wilderness Area'' and dated November 12, 2014, 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).
  (d) State and Federal Water Management.--Nothing in this section 
affects the potential for development, operation, or maintenance of a 
water storage reservoir at the site in the Special Management Area that 
is identified in--
          (1) pages 17 through 20 of the Statewide Water Supply 
        Initiative studies prepared by the Colorado Water Conservation 
        Board and issued by the State in November 2004; and
          (2) page 27 of the Colorado Dam Site Inventory prepared by 
        the Colorado Water Conservation Board and dated August 1996.
  (e) Withdrawal.--
          (1) In general.--Subject to valid rights in existence on the 
        date of enactment of this Act and except as provided in 
        paragraph (2), the Federal land within the Special Management 
        Area is withdrawn from--
                  (A) all forms of entry, appropriation, and disposal 
                under the public land laws;
                  (B) location, entry, and patent under the mining 
                laws; and
                  (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
          (2) Exception.--The withdrawal under paragraph (1) shall not 
        apply to the areas identified as parcels A and B on the map 
        entitled ``Proposed Hermosa Creek Special Management Area and 
        Proposed Hermosa Creek Wilderness Area'' and dated November 12, 
        2014.
  (f) Winter Skiing and Related Winter Activities.--Nothing in this 
section 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.
  (g) 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 to be 
                appropriate; and
                  (B) all applicable laws (including regulations); and
          (2) in a manner consistent with--
                  (A) the purposes described in subsections (b) and 
                (h); and
                  (B) this section.
  (h) Wildfire, Insect, and Disease Management.--In accordance with 
this section, the Secretary may--
          (1) carry out 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; and
          (2) coordinate those measures with the appropriate State or 
        local agency, as the Secretary determines to be necessary.
  (i) 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
          (2) provides for recreational opportunities to occur within 
        the Special Management Area, including skiing, biking, hiking, 
        fishing, hunting, horseback riding, snowmobiling, motorcycle 
        riding, off-highway vehicle use, snowshoeing, and camping.
  (j) Trail and Open Area Snowmobile Usage.--Nothing in this section 
affects the use or status of trails authorized for motorized or 
mechanized vehicle or open area snowmobile use on the date of enactment 
of this Act.
  (k) State Water Rights.--Nothing in this section affects access to, 
use of, or allocation of any absolute or conditional water right that 
is--
          (1) decreed under the laws of the State; and
          (2) in existence on the date of enactment of this Act.

SEC. 4. HERMOSA CREEK WILDERNESS.

  (a) Designation of Wilderness.--Section 2(a) of the Colorado 
Wilderness Act of 1993 (16 U.S.C. 1132 note; 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 that 
        comprises approximately 37,236 acres, as generally depicted on 
        the map entitled `Proposed Hermosa Creek Special Management 
        Area and Proposed Hermosa Creek Wilderness Area' and dated 
        November 12, 2014, which shall be known as the `Hermosa Creek 
        Wilderness'.''.
  (b) Effective Date.--Any reference contained 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; 
107 Stat. 756; 114 Stat. 1955; 116 Stat. 1055) (as added by subsection 
(a)).
  (c) Fire, Insects, and Diseases.--In accordance with 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; 107 Stat. 756; 114 Stat. 1955; 116 Stat. 
1055) (as added by subsection (a)), the Secretary may carry out 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. 5. 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, and disposal under the 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 areas designated as 
``Withdrawal Areas'' on the map entitled ``Perins Peak & Animas City 
Mountain, Horse Gulch and Lake Nighthorse Mineral Withdrawal'' and 
dated April 5, 2013.
  (c) Public Purpose Conveyance.--Notwithstanding subsection (a), the 
Secretary of the Interior may convey any portion of the land described 
in subsection (b) that is administered by the Bureau of Land Management 
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. 6. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO COUNTY.

  (a) In General.--On the expiration of the permit numbered COC 64651 
(09) and dated February 24, 2009, on 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--
          (1) subsection (c);
          (2) the condition that the County shall pay all 
        administrative and other costs associated with the conveyance; 
        and
          (3) such other terms and conditions as the Secretary of the 
        Interior determines to be necessary.
  (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 82 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 May 
5, 2014.
  (c) Use of Conveyed Land.--The Federal land conveyed pursuant to this 
section may be used by the County for any public purpose, in accordance 
with the Act of June 14, 1926 (commonly known as the ``Recreation and 
Public Purposes Act'') (43 U.S.C. 869 et seq.).
  (d) Reversion.--If the County ceases to use a parcel of the Federal 
land conveyed pursuant to this section in accordance with subsection 
(a), title to the parcel shall revert to the Secretary of the Interior, 
at the option of the Secretary of the Interior.

SEC. 7. MOLAS PASS RECREATION AREA; WILDERNESS STUDY AREA RELEASE; 
                    WILDERNESS STUDY AREA TRANSFER OF ADMINISTRATIVE 
                    JURISDICTION.

  (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 ``Molas Pass 
        Recreation Area and Molas Pass Wilderness Study Area'' and 
        dated November 13, 2014, is designated as the ``Molas Pass 
        Recreation Area''.
          (2) 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 (43 U.S.C. 1701 et seq.) and 
                other applicable laws (including regulations);
                  (C) on designated trails for winter motorized travel 
                and grooming;
                  (D) in designated areas for open area motorized 
                travel; and
                  (E) subject to such terms and conditions as the 
                Secretary may require.
          (3) Other recreational opportunities.--In addition to the 
        uses authorized under paragraph (2), the Secretary may 
        authorize other recreational uses in the Molas Pass Recreation 
        Area.
  (b) Molas Pass Wilderness Study Area.--
          (1) Transfer of administrative jurisdiction.--Administrative 
        jurisdiction over the Federal land generally depicted as 
        ``Molas Pass Wilderness Study Area'' on the map entitled 
        ``Molas Pass Recreation Area and Molas Pass Wilderness Study 
        Area'', and dated November 13, 2014, is transferred from the 
        Bureau of Land Management to the Forest Service.
          (2) Administration.--The Federal land described in paragraph 
        (1) shall--
                  (A) be known as the ``Molas Pass Wilderness Study 
                Area''; and
                  (B) be administered by the Secretary, so as to 
                maintain the wilderness character and potential of the 
                Federal land for inclusion in the National Wilderness 
                Preservation System.
  (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.--Effective beginning on the date of enactment of 
        this Act, the land described in paragraph (3)--
                  (A) shall not be subject to section 603(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1782(c));
                  (B) shall be managed in accordance with land 
                management plans adopted under section 202 of that Act 
                (43 U.S.C. 1712); and
                  (C) shall not be subject to Secretarial Order 3310 
                issued on December 22, 2010.
          (3) Description of land.--The land referred to in paragraphs 
        (1) and (2) is the approximately 461 acres located 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 ``Molas Pass Recreation Area and 
        Molas Pass Wilderness Study Area'' and dated November 13, 2014.

SEC. 8. GENERAL PROVISIONS.

  (a) Fish and Wildlife.--Nothing in this Act affects the jurisdiction 
or responsibility of the State with regard to fish and wildlife in the 
State.
  (b) Maps and Legal Descriptions.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary or the Secretary of the 
        Interior, as appropriate, shall prepare maps and legal 
        descriptions of--
                  (A) the Special Management Area;
                  (B) the wilderness area designated by the amendment 
                made by section 4(a);
                  (C) the withdrawal pursuant to section 5;
                  (D) the conveyance pursuant to section 6;
                  (E) the recreation area designated by section 7(a); 
                and
                  (F) the wilderness study area designated by section 
                (7)(b)(2).
          (2) Force of law.--The maps and legal descriptions prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary concerned may 
        correct any clerical or typographical errors in the maps and 
        legal descriptions.
          (3) Public availability.--The maps and legal descriptions 
        prepared under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service and the Bureau of Land Management.
  (c) Adjacent Management.--
          (1) In general.--Nothing in this Act establishes a protective 
        perimeter or buffer zone around--
                  (A) the Special Management Area; or
                  (B) the wilderness area designated by an amendment 
                made by section 4(a).
          (2) Nonwilderness activities.--The fact that a nonwilderness 
        activity or use can be seen or heard from areas within the 
        wilderness area designated by an amendment made by section 4(a) 
        shall not preclude the conduct of the activity or use outside 
        the boundary of the wilderness area.
  (d) Military Overflights.--Nothing in this Act restricts or 
precludes--
          (1) any low-level overflight of military aircraft over an 
        area designated as a wilderness area under an amendment made by 
        this Act, including military overflights that can be seen, 
        heard, or detected within the wilderness area;
          (2) flight testing or evaluation; or
          (3) the designation or establishment of--
                  (A) new units of special use airspace; or
                  (B) any military flight training route over a 
                wilderness area described in paragraph (1).

                                Purpose

    The purposes of S. 841 are to designate certain Federal 
land in the San Juan National Forest in the State of Colorado 
as wilderness, to designate the Hermosa Creek Watershed 
Protection Area, to designate the Hermosa Creek Special 
Management Area, to withdraw certain Federal land from the 
mining laws, and to convey certain Federal land to La Plata 
County.

                          Background and Need

    Southwestern Colorado is home to a set of unique valleys 
and streams known locally as Hermosa Creek. The area is known 
for its beauty, magnificent vistas, wildlife, and for job-
creating activity that generates income for local communities. 
For example, the area supports outstanding hunting 
opportunities and provides some of the best backcountry elk 
habitat in the State of Colorado.
    Recognizing the need to protect and preserve the watershed 
for the enjoyment of future generations, a diverse group of 
residents came together in 2008 to form the Hermosa Creek 
Workgroup and discuss the future management of the area. 
Members of the Workgroup included the Colorado Department of 
Natural Resources, the San Juan Citizens Alliance, the Southern 
Ute Indian Tribe, the Southwestern Water Conservation District, 
the Nature Conservancy, The Wilderness Society, Trout 
Unlimited, and others. Following 22 months of negotiations, the 
Workgroup came to an agreement on a blueprint to govern future 
management of the watershed. Released in February 2010, the 
Hermosa Creek Workgroup Final Report recommended that ``special 
federal legislation be developed, introduced, and hopefully 
passed'' to protect the area.

                          Legislative History

    S. 841 was introduced by Senators Bennet and Udall of 
Colorado on April 25, 2013. The Subcommittee on Public Lands, 
Forests and Mining held a hearing on S. 841 on November 20, 
2013 (S. Hrg. 113-342). The Committee on Energy and Natural 
Resources ordered the measure reported favorably with an 
amendment in the nature of a substitute on November 13, 2014.
    Representative Tipton introduced similar legislation, H.R. 
1839, in the House of Representatives on May 8, 2013. Senators 
Bennet and Udall of Colorado introduced similar legislation in 
the 112th Congress, S. 3400, on July 18, 2012.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 13, 2014, by a voice vote of 
a quorum present, recommends that the Senate pass S. 841, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 841, the Committee adopted 
an amendment in the nature of a substitute containing technical 
changes to the bill.

                      Section-by-Section Analysis

    Section 1 provides as the ``Hermosa Creek Watershed 
Protection Act of 2013.''
    Section 2 provides Congressional findings.
    Section 3 defines key terms used in the Act.
    Section 4 designates 107,886 acres federal lands in San 
Juan National Forest in Colorado as the Hermosa Creek Watershed 
and Protection Area.
    Section 5 designates 68,289 acres of federal lands in the 
San Juan National Forest as the Hermosa Creek Special 
Management Area.
    Requires the Secretary of Agriculture to develop a 
management plan for the long-term protection and management of 
the Special Management Area.
    Section 6 designates 37,236 of federal lands in the San 
Juan National Forest as wilderness.
    Section 7 withdraws 13,086 of federal lands managed by the 
Bureau of Land Management (BLM) from the mining laws, subject 
to valid existing rights.
    Section 8 directs the Secretary of the Interior, upon the 
expiration of a specified permit, to convey to La Plata County, 
Colorado, identified land managed by the BLM in the Tres Rios 
District in Colorado. Subsection (d) requires such land to be 
used only for public purposes consistent with the uses allowed 
under the Recreation and Public Purposes Act. Subsection (e) 
requires the County to pay all survey costs and other 
administrative costs necessary for preparing and completing 
patents for, and transfers of title to, such land. Subsection 
(f) requires the County to agree in writing to pay 
administrative costs associated with such conveyance, including 
the costs of environmental, wildlife, cultural, or historical 
resources studies.
    Section 9 releases the West Needles Contiguous Wilderness 
Study Area in San Juan County, Colorado, from further study for 
designation as wilderness.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 841.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 353, as ordered reported.

                   Congressionally Directed Spending

    S. 841, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by Steven A. Ellis from the Bureau 
of Land Management at the November 20, 2013, Subcommittee on 
Public Lands, Forests, and Mining hearing on S. 841 follows:

 Statement of Steven A. Ellis, Acting Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Thank you for the opportunity to testify on S. 841, the 
Hermosa Creek Watershed Protection Act. The legislation 
primarily concerns land designations within the San Juan 
National Forest. The Department of the Interior defers to the 
Department of Agriculture on provisions pertaining to lands 
administered by the U.S. Forest Service. Sections 7, 8, and 9 
of the bill concern lands administered by the Department of the 
Interior (Department). These sections would withdraw 
approximately 13,000 acres of BLM-managed lands from mining and 
mineral leasing laws; convey approximately 111 acres of BLM-
managed land to La Plata County, Colorado; and release 
approximately 461 acres of the West Needles Contiguous 
Wilderness Study Area. The Department supports these sections 
with amendments to ensure manageability.


                               background


    In southwestern Colorado, the BLM administers more than 
664,000 acres of public lands through the Tres Rios Field 
Office. These lands provide a wide variety of uses, ranging 
from livestock grazing and mineral exploration to world class 
recreational opportunities and critical wildlife habitat. The 
BLM works closely with the State of Colorado, tribal 
governments, counties and cities, as well as local communities 
to ensure the sustainable management of these lands and their 
multiple uses.


                                 s. 841


    The following is a discussion of the bill's provisions 
which apply to lands managed by the Department of the Interior.
Section 7. Durango area mineral withdrawal
    The area surrounding the City of Durango, Colorado, 
contains many popular recreation areas situated on Federal 
lands, including Animas Mountain and Perins Peak (8,557 acres), 
Lake Nighthorse (3,281 acres), and Horse Gulch (708 acres). 
Section 7 of S. 841 would withdraw approximately 13,000 acres 
across these three areas from location, entry, and patent under 
mining laws as well as disposition under laws relating to 
mineral leasing, geothermal leasing, or mineral materials. 
There are no active leases or mining claims in these areas, and 
the Department supports this withdrawal. S. 841 would also 
withdraw these areas from all entry, appropriation, or disposal 
under public land laws. To ensure the BLM retains discretionary 
authority to manage any potential future land transfers or 
conveyances of the withdrawn lands, the Department recommends 
deleting the withdrawal provision concerning disposal under 
public land laws under Section (a), Subsection (1).
Section 8. La Plata County land conveyance
    Section 8 of S. 841 directs the Secretary of the Interior 
to convey a parcel of approximately 111 acres managed by the 
BLM to La Plata County for uses consistent with the Recreation 
and Public Purposes Act (R&PP) and subject to valid existing 
rights. La Plata County, in southwest Colorado, has submitted 
an application to the BLM for conveyance of a parcel of land 
under the R&PP for the purpose of developing a new multi-event 
and fairgrounds facility.
    The R&PP Act authorizes the Secretary of the Interior to 
lease or convey public lands at nominal costs for recreational 
and public purposes, including for educational facilities. The 
Department generally supports appropriate legislative 
conveyances at no cost if the lands are to be used for purposes 
consistent with the R&PP Act, and if the conveyances have a 
reversionary clause to enforce this requirement.
    The Department supports the conveyance of these lands for 
important public purposes. Under the bill, the County would pay 
all costs associated with the transaction. Currently, a gravel 
pit is in operation on the parcel under a mineral materials 
contract, and the bill would require conveyance of the land 
following expiration of that contract in February 2019. Since 
the land proposed for conveyance is currently encumbered by 
Federal oil and gas leases and would be conveyed without 
consideration, the BLM recommends all minerals be reserved to 
the United States. The BLM would like to work with the sponsor 
on a boundary modification to enhance manageability of both the 
conveyed parcel and the lands retained by the BLM, and avoid 
creating an isolated parcel remaining under BLM administration. 
We would also like to work with the sponsor on additional 
amendments to the bill language, particularly regarding the 
addition of a reversionary clause and conservation easement to 
protect cultural resources in the area.
Section 9. Release of Wilderness Study Areas
    Section 9 of S. 841 provides for the release from 
Wilderness Study Area status of approximately 461 acres of the 
West Needles Contiguous Wilderness Study Area. This WSA is 
bordered on the west by a State Highway and on the east by the 
Durango-Silverton Narrow Gauge Railroad (a popular tourist 
route), making the remnant WSA a challenge to manage for non-
impairment. In 1983, Public Law 98-141 transferred portions of 
the West Needles Contiguous WSA to the Forest Service, which 
are now part of the Weiminuche Wilderness. The remaining BLM-
managed acres continue in WSA status. The area proposed for 
release by the legislation would leave 499 acres of BLM-managed 
lands in WSA status, creating interim management difficulties 
associated with narrow portions of WSA land, recreational use 
conflicts, and artificial management boundaries. This area is 
valued by local recreationists for many uses, including winter 
snowmobiling, fishing, camping, and hiking. The BLM recommends 
the release of the entire 960-acre West Needles Contiguous WSA. 
This will benefit the BLM's ongoing management of the area as 
well as reduce public confusion as BLM continues to manage the 
area for its resource values.


                               conclusion


    The Department supports sections 7, 8, and 9 and would like 
to work with the sponsor and the Committee on these amendments. 
Thank you again for the opportunity to discuss this 
legislation, and I would be glad to answer any questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 841, as ordered reported, are as follows:

                    COLORADO WILDERNESS ACT OF 1993 


                           PUBLIC LAW 103-77 


     An Act To designate certain lands in the State of Colorado as 
  components of the National Wilderness Preservation System, and for 
other purposes.

           *       *       *       *       *       *       *


SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.

    (a) Additions.--The following lands in the State of 
Colorado are hereby designated as wilderness and, therefore, as 
components of the National Wilderness Preservation System:

           *       *       *       *       *       *       *

          (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 
        that comprises approximately 37,236 acres, as generally 
        depicted on the map entitled ``Proposed Hermosa Creek 
        Special Management Area and Proposed Hermosa Creek 
        Wilderness Area,'' and dated November 12, 2014, which 
        shall be known as the ``Hermosa Creek Wilderness.''

           *       *       *       *       *       *       *