,,ib ,union ,calendar ,no4 #ebd #aacth ,,congress #b;d ,session ,h4 ,r4 #ahci ,report ,no4 #aac-fic ,,in ,,the ,,house ,,of ,,representatives ,may #f1 #bjac ,mr4 ,tipton introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,december #bb1 #bjad ,additional sponsor3 ,mr4 ,coffman ,december #bb1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,may #f1 #bjac ,a ,,bill ,to designate certain ,federal land in the ,san ,juan ,national ,forest in the ,state of ,colorado as wilderness1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hermosa ,creek ,watershed ,protection ,act of #bjad4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to maintain the cultural1 economic1 and ecological health of the ,hermosa ,creek ,watershed and the surrounding communities that rely on the ,watershed2 7#b7 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 ,durango1 ,colorado1 with clean drinking water2 7#c7 to protect the purity of1 and water supply from1 the ,hermosa ,creek ,watershed for agricultural purposes1 including irrigation and stockwater uses2 7#d7 to enhance the economic prosperity of local communities in the area who depend on the area for water1 recreation1 and sustainable natural resource uses2 7#e7 to protect and provide residents and visitors the opportunity to enjoy the recreational1 geological1 cultural1 natural1 scientific1 wildlife1 riparian1 historical1 educational1 and scenic resources of the ,watershed2 7#f7 to provide world-class opportunities for skiing1 biking1 hiking1 fishing1 hunting1 horseback riding1 snowmobiling1 motorcycle riding1 snowshoeing1 and camping2 7#g7 to provide for economic and natural resource development 7including sustainable grazing1 vegetation management1 beneficial uses of water1 and mineral extraction7 in a manner consistent with protecting the overall integrity of the ,watershed2 7#h7 to protect a viable population of the native ,colorado ,river cutthroat trout fishery located in the ,watershed2 7#i7 to designate the ,hermosa ,creek ,wilderness ,area and the ,hermosa ,creek ,special ,management ,area2 and 7#aj7 to conserve1 protect1 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 7#a7 through 7#h74 #c4 ,definitions ,in this ,act3 7#a7 ,city ,the term ,city means ,durango1 ,colorado4 7#b7 ,county ,the term ,county means ,la ,plata ,county1 ,colorado4 7#c7 ,map ,the term ,map means the map entitled ,hermosa ,creek ,proposed ,watershed ,protection ,area and dated ,june #b1 #bjad4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#e7 ,special management area ,the term ,special ,management ,area means the ,hermosa ,creek ,special ,management ,area designated by section #e7;a74 7#f7 ,state ,the term ,state means the ,state of ,colorado4 #d4 ,hermosa ,creek ,watershed ,protection ,area ,certain ,federal land in the ,san ,juan ,national ,forest comprising approximately #ajg1hff acres1 as generally depicted on the ,map may be called the ,hermosa ,creek ,watershed ,protection ,area4 #e4 ,designation of ,hermosa ,creek ,special ,management ,area 7a7 ,designation ,subject to valid existing rights1 certain ,federal land in the ,san ,juan ,national ,forest comprising approximately #fh1bhi acres1 as generally depicted on the ,map1 is designated as the ,hermosa ,creek ,special ,management ,area4 7b7 ,administration 7#a7 ,in general ,the ,secretary shall administer the ,special ,management ,area in accordance with-- 7,a7 the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #afjj et seq472 7,b7 this ,act2 and 7,c7 any other applicable laws4 7#b7 ,uses 7,a7 ,in general ,the ,secretary shall allow such uses of the ,special ,management ,area that the ,secretary determines would further the purposes described in section #b4 7,b7 ,motorized and mechanized vehicles 7i7 ,in general ,except as provided in clause 7ii7 and as needed for administrative purposes or to respond to an emergency1 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 ,uses4 7ii7 ,over-snow vehicles ,the ,secretary shall authorize the use of snowmobiles and other over-snow vehicles within the ,special ,management ,area-- 7,i7 when there is adequate snow coverage2 and 7,,ii7 subject to such terms and conditions as the ,secretary may require4 7iii7 ,continued ,access ,within the ,special ,management ,area1 at a minimum1 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 ,map4 7,c7 ,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 ,area1 where established before the date of enactment of this ,act subject to all applicable laws 7including regulations7 and ,executive orders4 7,d7 ,prohibited activities ,within the area of the ,special ,management ,area identified on the ,map as ,east ,hermosa ,area the following activities shall be prohibited3 7i7 ,new permanent or temporary road construction or the renovation of existing nonsystem roads1 except as allowed under the final rule entitled ,special ,areas2 ,roadless ,area ,conservation2 ,applicability to the ,national ,forests in ,colorado 7#gg ,fed4 ,reg4 #ciegf 7,july #c1 #bjab774 7ii7 ,projects undertaken for the purpose of harvesting commercial timber 7other 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 ,act74 7c7 ,map and legal description 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a map and a legal description of the ,special ,management ,area4 7#b7 ,force of law ,the map and legal description prepared under paragraph 7#a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary may correct clerical and typographical errors in the map and legal description4 7#c7 ,public availability ,the map and legal description prepared under paragraph 7#a7 shall be on file and available for public inspection in the appropriate offices of the ,forest ,service4 7d7 ,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-- 7#a7 only occur through donation or exchange with the written consent of the property owner2 7#b7 become part of the ,special ,management ,area2 7#c7 be withdrawn in accordance with subsection 7g72 and 7#d7 be managed in accordance with-- 7,a7 this ,act2 and 7,b7 any other applicable laws4 7e7 ,fish and wildlife ,nothing in this ,act affects the jurisdiction or responsibility of the ,state with respect to fish and wildlife in the ,state4 7f7 ,state and ,federal water management ,nothing in this section shall affect the development1 operation1 or maintenance of a water storage reservoir1 including necessary ancillary roads and transmission infrastructure1 at the site in the ,special ,management ,area that is identified in-- 7#a7 pages #ag through #bj of the ,statewide ,water ,supply ,initiative studies prepared by the ,colorado ,water ,conservation ,board and issued by the ,state in ,november #bjjd2 and 7#b7 page #bg of the ,colorado ,dam ,site ,inventory prepared by the ,colorado ,water ,conservation ,board and dated ,august #aiif4 7g7 ,withdrawal ,subject to valid rights in existence on the date of enactment of this ,act1 the ,federal land within the ,special ,management ,area is withdrawn from-- 7#a7 all forms of entry1 appropriation1 and disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7h7 ,adjacent management 7#a7 ,in general ,the ,special ,management ,area designated by subsection 7a7 or the wilderness designated by the ,colorado ,wilderness ,act of #aiic 7#af ,u4,s4,c4 #aacb note2 ,public ,law #ajc-gg2 #ajg ,stat4 #gef1 #aad ,stat4 #aiee1 #aaf ,stat4 #ajee7 7as added by sections #g7;a7 and #aj7;b77 shall not create a protective perimeter or buffer zone around the ,special ,management ,area or wilderness4 7#b7 ,other activities ,the fact that activities or uses can be seen1 heard1 or detected from areas within the wilderness designated by the ,colorado ,wilderness ,act of #aiic 7#af ,u4,s4,c4 #aacb note2 ,public ,law #ajc-gg2 #ajg ,stat4 #gef1 #aad ,stat4 #aiee1 #aaf ,stat4 #ajee7 7as added by sections #g7;a7 and #aj7;b77 shall not preclude1 limit1 control1 regulate1 or determine the conduct of the activities or uses outside the boundary of the wilderness4 7i7 ,winter skiing and related winter activities ,nothing in this ,act alters or limits-- 7#a7 a permit held by a ski area2 7#b7 the implementation of the activities governed by a ski area permit2 or 7#c7 the authority of the ,secretary to modify or expand an existing ski area permit4 7j7 ,vegetation management ,nothing in this section prevents the ,secretary from conducting vegetation management projects within the ,special ,management ,area-- 7#a7 subject to-- 7,a7 such reasonable regulations1 policies1 and practices as the ,secretary determines appropriate2 and 7,b7 all applicable laws 7including regulations72 and 7#b7 in a manner consistent with-- 7,a7 the purposes and management described in section #b2 and 7,b7 this section4 7k7 ,wildfire1 insect1 and disease management ,consistent with this section1 the ,secretary is authorized to take any measures that the ,secretary determines to be necessary to manage wildland fire and treat hazardous fuels1 insects1 and diseases in the ,special ,management ,area4 ,the ,secretary is further authorized to coordinate such measures with the appropriate ,state or local agency1 should the ,secretary determine such coordination to be necessary4 7l7 ,management plan ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall develop a management plan for the long-term protection and management of the ,special ,management ,area that-- 7#a7 takes into account public input and the purposes in section #b2 and 7#b7 provides for the recreational opportunities referred to in section #b7f7 to occur within the ,special ,management ,area4 #f4 ,state water rights ,nothing in section #e affects access to1 use1 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 ,act4 #g4 ,hermosa creek wilderness 7a7 ,designation of wilderness ,section #b7;a7 of the ,colorado ,wilderness ,act of #aiic 7#af ,u4,s4,c4 #aacb note2 ,public ,law #ajc-gg2 #ajg ,stat4 #gef1 #aad ,stat4 #aiee1 #aaf ,stat4 #ajee7 is amended by adding at the end the following3 7#bb7 ,certain land within the ,san ,juan ,national ,forest which comprise approximately #cg1bcf acres1 as generally depicted on the ,map1 and which shall be known as the ,hermosa ,creek ,wilderness4 4 7b7 ,effective date ,any reference in the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq47 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 #b7;a77#bb7 of the ,colorado ,wilderness ,act of #aiic 7#af ,u4,s4,c4 #aacb note2 ,public ,law #ajc-gg2 #ajg ,stat4 #gef1 #aad ,stat4 #aiee1 #aaf ,stat4 #ajee7 7as added by subsection 7a774 7c7 ,fire1 insects1 and diseases ,as provided in section #d7;d77#a7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#a771 within the wilderness areas designated by section #b7;a77#bb7 of the ,colorado ,wilderness ,act of #aiic 7#af ,u4,s4,c4 #aacb note2 ,public ,law #ajc-gg2 #ajg ,stat4 #gef1 #aad ,stat4 #aiee1 #aaf ,stat4 #ajee7 7as added by subsection 7a7 and section #aj7;b771 the ,secretary may take any measure that the ,secretary determines to be necessary to control fire1 insects1 and diseases1 subject to such terms and conditions as the ,secretary determines to be appropriate4 #h4 ,durango area mineral withdrawal 7a7 ,withdrawal ,subject to valid existing rights1 the land and mineral interests described in subsection 7b7 are withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws relating to mineral leasing1 geothermal leasing1 or mineral materials4 7b7 ,description of land and mineral interests ,the land and mineral interests referred to in subsection 7a7 are the ,federal land and mineral interests generally depicted within the ,withdrawal ,areas on the map entitled ,perins ,peak ,animas ,city ,mountain1 ,horse ,gulch and ,lake ,nighthorse ,mineral ,withdrawal and dated ,april #e1 #bjac4 7c7 ,buffer ,nothing in this section shall require-- 7#a7 the creation of a protective perimeter or buffer area outside the boundaries of the withdrawal area described in subsection 7b72 or 7#b7 any prohibition or limitation on activities outside of the boundaries of the withdrawal area described in subsection 7b7 that can be seen1 heard1 or detected from within the boundaries of the withdrawal area4 7d7 ,public purpose conveyance ,notwithstanding subsection 7a71 the ,secretary may convey any portion of the land described in subsection 7b7 to the ,city1 the ,county1 or the ,state-- 7#a7 pursuant to the ,act of ,june #ad1 #aibf 7commonly known as the ,recreation and ,public ,purposes ,act7 7#dc ,u4,s4,c4 #hfi et seq472 or 7#b7 by exchange in accordance with applicable laws 7including regulations74 #i4 ,conveyance of ,bureau of ,land ,management ,land to ,la ,plata ,county 7a7 ,in general ,on the expiration of the permit numbered ,,coc #fdfea 7#ji7 and dated ,february #bd1 #bjji1 upon request and agreement of the ,county1 the ,secretary of the ,interior shall convey to the ,county1 without consideration and subject to valid existing rights1 all right1 title1 and interest of the ,united ,states in and to the land described in subsection 7b71 subject to such terms and conditions as the ,secretary determines to be necessary4 7b7 ,description of land ,the land referred to in subsection 7a7 consists of approximately #aaa acres of land managed by the ,bureau of ,land ,management1 ,tres ,rios ,district1 ,colorado1 as generally depicted on the map entitled ,la ,plata ,county ,grandview ,conveyance and dated ,march #bg1 #bjac4 7c7 ,map and legal description 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary of the ,interior shall finalize the legal description of the parcel to be conveyed under this section4 7#b7 ,minor errors ,the ,secretary of the ,interior may correct any minor error in-- 7,a7 the map2 or 7,b7 the legal description4 7#c7 ,availability ,the map and legal description shall be on file and available for public inspection in the appropriate offices of the ,bureau of ,land ,management4 7d7 ,administrative costs ,as a condition of the conveyance under subsection 7a71 the ,secretary of the ,interior shall require the ,county to pay all administrative costs and costs associated with the conveyance4 #aj4 ,molas ,pass ,recreation ,area2 ,weminuche ,wilderness ,addition2 ,wilderness ,study ,area ,release 7a7 ,molas ,pass ,recreation ,area 7#a7 ,designation ,the approximately #dfa acres of land in ,san ,juan ,county1 ,colorado1 that is generally depicted as ,molas ,pass ,recreation ,area on the map entitled ,west ,needles ,contiguous ,wilderness ,study ,area and dated ,september #aa1 #bjad1 is designated as the ,molas ,pass ,recreation ,area4 7#b7 ,legal description 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a legal description of the ,molas ,pass ,recreation ,area4 7,b7 ,force of law ,the legal description under paragraph 7#a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary may correct any errors in the legal description4 7,c7 ,public availability ,the legal description prepared under paragraph 7#a7 shall be on file and available for public inspection in the appropriate offices of the ,bureau of ,land ,management4 7#c7 ,use of snowmobiles ,the use of snowmobiles shall be authorized in the ,molas ,pass ,recreation ,area-- 7,a7 during periods of adequate snow coverage2 7,b7 in accordance with the ,federal ,land ,policy and ,management ,act of #aigf 7#db ,u4,s4,c4 #agja et seq47 and applicable laws and regulations2 7,c7 on designated trails identified as ,winter ,use ,routes and ,grooming ,trails and ,historic ,snow ,dependent ,use ,route on the map entitled1 ,winter ,use ,routes and ,grooming ,trails and dated ,september #aa1 #bjad2 7,d7 in designated areas for open area motorized travel2 and 7,e7 subject to such terms and conditions as the ,secretary may require2 however1 the ,secretary shall not close any road or trail1 or a portion of a road or trail1 in the ,molas ,pass ,recreation ,area without simultaneously opening a road or trail1 or a portion of a road or trail1 of equivalent value in the immediate vicinity2 further1 nothing in this subparagraph shall prevent the ,secretary from temporarily closing a road or trail for reasons of public safety4 7#d7 ,other recreational opportunities ,the ,secretary shall authorize other recreational uses in the ,molas ,pass ,recreation ,area including1 but not limited to1 mountain biking4 7b7 ,west needles contiguous ,,wsa addition to the ,weminuche ,wilderness 7#a7 ,wilderness addition ,section #b7;a77#af7 of the ,colorado ,wilderness ,act of #aiic 7#af ,u4,s4,c4 #aacb note2 ,public ,law #ajc-gg2 #ajg ,stat4 #gef1 #aad ,stat4 #aiee1 #aaf ,stat4 #ajee7 is amended by striking ,certain and inserting ,certain lands within the ,san ,juan ,national ,forest which comprise approximately #dii acres generally depicted as ,weminuche ,wilderness ,addition on the map entitled ,west ,needles ,contiguous ,wilderness ,study ,area and dated ,september #aa1 #bjad1 and certain4 7#b7 ,effective date ,any reference in the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq47 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 #b7;a77#af7 of the ,colorado ,wilderness ,act of #aiic 7#af ,u4,s4,c4 #aacb note2 ,public ,law #ajc-gg2 #ajg ,stat4 #gef1 #aad ,stat4 #aiee1 #aaf ,stat4 #ajee7 7as added by paragraph 7#a774 7#c7 ,transfer of administrative jurisdiction ,administrative jurisdiction over the ,federal land designated as wilderness under paragraph 7#a7 is transferred from the ,bureau of ,land ,management to the ,forest ,service4 7c7 ,release 7#a7 ,finding ,congress finds that the land described in paragraph 7#c7 has been adequately studied for wilderness designation under section #fjc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aghb74 7#b7 ,release ,any public land described in paragraph 7#c7-- 7,a7 is no longer subject to-- 7i7 section #fjc7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aghb7;c772 and 7ii7 ,secretarial ,order #ccaj issues on ,december #bb1 #bjaj2 and 7,b7 shall be managed in accordance with land management plans adopted under section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab74 7#c7 ,description of land ,the land referred to in paragraphs 7#a7 and 7#b7 is the approximately #dfa acres of land in the ,west ,needles ,contiguous ,wilderness ,study ,area of ,san ,juan ,county1 ,colorado1 that is generally depicted as ,molas ,pass ,recreation ,area on the map entitled ,west ,needles ,contiguous ,wilderness ,study ,area and dated ,september #aa1 #bjad4 #aa4 ,military overflights ,nothing in this ,act restricts or precludes-- 7#a7 low-level overflights of military aircraft over the areas designated as wilderness under this ,act1 including military overflights that can be seen1 heard1 or detected within the wilderness areas2 7#b7 flight testing and evaluation2 or 7#c7 the designation or creation of new units of special use airspace1 or the establishment of military flight training routes over the wilderness areas4 ,december #bb1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed