Library / Laws / 113th / s / S. 841 / Reported in Senate
II
Calendar No. 632
113th CONGRESS
2d Session
S. 841
[Report No. 113–292]
IN THE SENATE OF THE UNITED STATES
April 25, 2013Mr. Bennet (for himself
and Mr. Udall of Colorado) introduced the
following bill; which was read twice and referred to the
Committee on Energy and Natural
Resources
December 10, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To designate certain Federal land in the San Juan
National Forest in the State of Colorado as wilderness, and for other
purposes.
1.
Short
title
This Act may be cited as
the Hermosa Creek Watershed Protection
Act of 2013.
2.
Findings
Congress finds that—
(1) the ecological
health and integrity of the Hermosa Creek Watershed and the economic
health of
the surrounding communities that rely on the Watershed are connected;
(2) the
Watershed—
(A) is the only area
in the State that is not a unit of National Wilderness Preservation System
to
achieve a designation of outstanding waters by the State;
(B) provides a
crucial source of clean drinking water for the residents of the Animas
River
Valley and the city of Durango, Colorado; and
(C) provides high
quality agricultural water supplies from Hermosa Creek and the Animas
River;
(3) the Watershed
helps ensure the economic prosperity of local communities in the area that
depend on the Watershed for water supplies, recreation, hunting, fishing,
hiking, biking, camping, skiing and related winter activities, off-road
vehicle
travel, scientific research, mineral extraction, and sustainable natural
resource development;
(4) the world-class
Hermosa Creek trail network contains outstanding single track mountain
bike
riding, backcountry hiking, equestrian riding, and motorcycle riding;
(5) the Watershed
provides visitors the opportunity to enjoy the tremendous scenic, natural,
cultural, and recreational resources of the area;
(6) ecologically
sustainable grazing has been conducted in a manner that has preserved the
high
quality of the Watershed;
(7) the native
Colorado River cutthroat trout fishery located in the Watershed—
(A) is one of the
most important fisheries in the State;
(B) is crucial for
the long-term survival of the cutthroat trout; and
(C) provides an
opportunity for anglers to have a catch and release fishery for the
cutthroat
trout;
(8) the work of
Colorado Parks and Wildlife to enhance the fishery referred to in
paragraph (7)
has been a tremendous success and a great example of cooperative
conservation
efforts to recover an imperiled species of fish;
(9) the
Watershed—
(A) provides some of
the best backcountry elk habitat in the State; and
(B) supports
outstanding hunting opportunities;
(10) the large areas
of undisturbed forest in the Watershed (including some of the best stands
of
old growth ponderosa pine in the State) provide excellent wildlife habitat
and
excellent opportunities for solitude and backcountry recreation; and
(11) designation of
the Hermosa Creek Wilderness Area, Watershed Protection Area, and Special
Management Area would protect those areas in perpetuity for the benefit of
the
people of the United States.
3.
Definitions
In this Act:
(1)
County
The term County means La
Plata County, Colorado.
(2)
Map
The
term Map means the map entitled Hermosa Creek Proposed
Watershed Protection Area, 2012 and dated March 28, 2012.
(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
5(a).
(5)
State
The
term State means the State of Colorado.
(6)
Watershed
protection area
The term Watershed Protection Area
means the Hermosa Creek Watershed Protection Area designated by section
4(a).
4.
Designation of
Hermosa Creek Watershed Protection Area
(a)
Designation
Certain
Federal land in the San Juan National Forest comprising approximately
107,886
acres, as generally depicted on the Map, is designated as the Hermosa
Creek Watershed Protection Area.
(b)
Purposes
The
purposes of the Watershed Protection Area 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 visitors the opportunity to enjoy the recreational, geological,
cultural, natural, scientific, recreational, 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 the
native Colorado River cutthroat trout fishery located in the Watershed;
(9) to designate the
Hermosa Creek Wilderness Area and the Special Management Area; and
(10) to conserve,
protect, and manage for 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 matter consistent with the
purposes described in paragraphs (1) through (9).
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)
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 and values of the Special Management Area.
(c)
Administration
(1)
In
general
The Secretary shall administer the Special Management
Area—
(A) in a manner
that—
(i) conserves,
protects, and enhances the resources and values of the Special Management
Area
described in subsection (b); and
(ii) protects a
viable population of Colorado River Cutthroat Trout; 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 that the Secretary determines would further the purposes
described in subsection (b).
(B)
Motorized
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
vehicles in the Special Management Area shall be permitted only on roads
and
trails designated for use by such vehicles by the Secretary.
(ii)
Over-snow
vehicles
The Secretary may authorize the use of snowmobiles and
other over-snow vehicles within the Special Management Area—
(I) during periods of
adequate snow cover during the winter season; 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, 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).
(d)
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.
(e)
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) become part of
the Special Management Area;
(2) be withdrawn in
accordance with subsection (h); and
(3) be managed in
accordance with—
(A) this Act;
and
(B) any other
applicable laws.
(f)
Fish and
wildlife
Nothing in this Act affects the jurisdiction or
responsibility of the State with respect to fish and wildlife in the
State.
(g)
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.
(h)
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.
(i)
Adjacent
management
(1)
In
general
The Special Management Area designated by subsection (a)
or the wilderness 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 section 6(a)) shall not create a protective
perimeter or buffer zone around the Special Management Area or
wilderness.
(2)
Nonwilderness
activities
The fact that nonwilderness activities or uses can be
seen or heard from areas within the wilderness 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 section 6(a))
shall
not preclude the conduct of the activities or uses outside the boundary of
the
wilderness.
(j)
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.
(k)
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
described in subsection (b); and
(B) this
section.
(l)
Wildfire,
insect, and disease management
Consistent with this section, the
Secretary may take any measures that the Secretary determines to be
necessary
to control fire, insects, and diseases in the Special Management Area,
including, as the Secretary determines to be appropriate, the coordination
of
the measures with the State or a local agency.
(m)
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) includes a
certification by the Secretary that there are adequate opportunities in
the
Special Management Area for each of the recreational opportunities
referred to
in section 4(b)(6).
6.
Additions to the
National Wilderness Preservation System
(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 entitled Hermosa Creek Proposed
Watershed Protection Area, 2012 and dated March 28, 2012, 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)), 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.
7.
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—
(1) the approximately
13,086 acres of Federal land depicted on the map entitled Perins Peak
& Animas City Mountain, Horse Gulch and Lake Nighthorse mineral
withdrawal and dated April 5, 2013; and
(2) all Federal
mineral interests contained within the boundaries of the map described in
paragraph (1).
(c)
Buffer
Nothing
in this section may 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
on activities outside of the boundaries of the withdrawal area described
in
subsection (b) that can be seen or heard from within the boundaries of the
withdrawal area.
8.
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, 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).
(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)
Use of conveyed land
The land conveyed under this section shall
be used only for any public purpose consistent with uses allowed under the
Act
of June 14, 1926 (commonly known as the Recreation and Public Purposes
Act) (43 U.S.C. 869 et seq.).
(e)
Administrative costs
The Secretary of the Interior shall require
the County to pay all survey costs and other administrative costs
necessary for
the preparation and completion of any patents for, and transfers of title
to,
the land described in subsection (b).
(f)
Conditions
As a condition of the conveyance under
subsection (a), the County shall agree in writing to pay any
administrative
costs associated with the conveyance including the costs of any
environmental,
wildlife, cultural, or historical resources studies.
9.
Release of
wilderness study areas
(a)
Finding
Congress
finds that the land described in subsection (c) 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).
(b)
Release
The
land described in subsection (c)—
(1) is no longer
subject to section 603(c) of the Federal Land Policy and Management Act of
1976
(43 U.S.C. 1782(c)); and
(2) shall be managed
in accordance with land management plans adopted under section 202 of that
Act
(43 U.S.C. 1712).
(c)
Description of
land
The land referred to in subsections (a) and (b) is the
approximately 461 acres of land in the West Needles Contiguous Wilderness
Study
Area of San Juan County, Colorado, that is depicted on the map entitled
West Needles Contiguous Wilderness Study Area Release Area and
dated April 5, 2013.
1.
Short title
This Act may be cited as the Hermosa Creek Watershed Protection Act of 2014.
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.
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.
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.
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).
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.
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.
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).
December 10, 2014Reported with an amendment