San Juan Mountains Wilderness Act of 2010 - (Sec. 3) Designates specified lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests, as well as in the San Juan Resource Area of the Bureau of Land Management (BLM) in Colorado as wilderness areas and components of the National Wilderness Preservation System (NWPS).
(Sec. 4) Designates specified lands in such National Forests and the San Juan National Forest as the Sheep Mountain Special Management Area. Requires activities within the Area to be managed to maintain such Area's presently existing wilderness character and potential for inclusion in the NWPS.
Prohibits the construction of permanent roads, the use of motor vehicles, motorized equipment, or mechanical transport (except as necessary to administer the federal land and to protect public health and safety), and the establishment of temporary roads on the Special Management Area.
Authorizes the Secretary of the Interior or of Agriculture (USDA), as appropriate (the Secretary), to allow the continuation of authorized activities, including heliskiing, within the Special Management Area.
Designates the Special Management Area as the Sheep Mountain Wilderness on the date on which the Secretary publishes in the Federal Register a notice that the nonconforming use has terminated.
(Sec. 5) Authorizes the continuation of the competitive running event permitted since 1992 in the vicinity of the boundaries of the Special Management Area, the Sheep Mountain Wilderness Area, and the Liberty Bell addition to the Mt. Sheffels Wilderness in a manner compatible with the preservation of those areas as wilderness.
Prohibits anything in this Act from affecting: (1) the jurisdiction or responsibility of the state of Colorado respecting fish and wildlife; and (2) the creation of protective perimeters or buffer zones around the lands designated as wilderness or a special management area under this Act (covered land). Allows a nonwilderness activity or use conducted outside the boundary of the covered land notwithstanding the fact that such activity or use can be seen or heard from within covered land.
Withdraws covered lands, as well as land within the Naturita Canyon Mineral Withdrawal Area, from: (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Authorizes the acquisition of non-federal land within the boundaries of the Special Management Area or the Wilderness only through exchange, donation, or purchase from a willing seller.
Requires any land or interest acquired by the United States inside the boundaries of covered land to become part of the relevant wilderness or special management area.
Authorizes the Secretary to acquire the parcel of state land identified as the McKenna Peak adjacent parcel on the map entitled "McKenna Peak Wilderness" and dated April 15, 2010, from the state by donation or exchange.
Requires any portion of the State Trust land parcel identified on the map as the proposed Mckenna Peak Wilderness addition, which is acquired by the United States, to become part of the McKenna Peak Wilderness.
Allows the continuation of grazing within the covered lands in which it was established, subject to specified regulations, policies, and practices.
Prohibits inclusions in the NWPS or special area designations from being construed as interfering with: (1) the operation and maintenance of the Ames Hydroelectric Project; and (2) the authority of the Secretary to authorize mechanical thinning of trees or underbrush for the prevention or control of wildfires.
Authorizes the use of wheeled, muscle-powered carts for the removal of shot game in the designated wilderness and special management areas.
(Sec. 6) Sets forth provisions regarding water rights and access to, and the operation of, water resource facilities in lands designated as wilderness or a special management area.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3914 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3914
To designate certain lands in San Miguel, Ouray, and San Juan Counties,
Colorado, as wilderness, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 22, 2009
Mr. Salazar introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To designate certain lands in San Miguel, Ouray, and San Juan Counties,
Colorado, as wilderness, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Juan Mountains Wilderness Act of
2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered land.--The term ``covered land'' means--
(A) lands designated as wilderness under section 3
or section 4; and
(B) lands designated as a special management area
under section 4.
(2) Nonconforming use.--The term ``nonconforming use''
means any commercial helicopter-assisted skiing or snowboarding
activities within the lands designated as a special management
area under section 4 that have been authorized by the Secretary
as of the date of enactment of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as
appropriate.
(4) State.--The term ``State'' means the State of Colorado.
SEC. 3. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately 3,170 acres,
as generally depicted on a map titled ``Proposed Wilson,
Sunshine, Black Face and San Bernardo Additions to the Lizard
Head Wilderness'', dated May 2009, and which are hereby
incorporated into the Lizard Head Wilderness area.
(2) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately 8,375 acres,
as generally depicted on a map titled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness'',
dated May 2009, and which are hereby incorporated into the Mt.
Sneffels Wilderness area.
(3) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately 13,224
acres, as generally depicted on a map titled ``Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'', dated
May 2009, and which are hereby incorporated into the Mt.
Sneffels Wilderness area.
(4)(A) Certain lands in the San Juan Resource Area of the
Bureau of Land Management comprising approximately 8,614 acres,
as generally depicted on a map titled ``Proposed McKenna Peak
Wilderness'', dated May 2009, and which shall be known as the
McKenna Peak Wilderness.
(B) The lands designated under subparagraph (A) shall be
administered as a component of the National Landscape
Conservation System.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--A map and legal description filed 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.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the Office of the Director of the Bureau
of Land Management and in the Office of the Chief of the Forest
Service, as appropriate.
SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Designation.--Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison and San Juan National Forests comprising approximately 21,697
acres as generally depicted on a map titled ``Proposed Sheep Mountain
Special Management Area'' and dated May 2009, are hereby designated as
the Sheep Mountain Special Management Area.
(b) Maps and Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the Federal land described in subsection (a)
with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the United
States Forest Service.
(c) Management.--
(1) In general.--Until Congress determines otherwise,
activities within the area designated in subsection (a) shall
be managed by the Secretary of Agriculture so as to maintain
the area's presently existing wilderness character and
potential for inclusion in the National Wilderness Preservation
System.
(2) Prohibitions.--The following shall be prohibited on the
Federal land described in subsection (a):
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal land
and to protect public health and safety--
(i) the use of motorized or mechanized
vehicles, except as described in paragraph (3);
and
(ii) the establishment of temporary roads.
(3) Allowable activities.--The Secretary may allow
activities, including helisking, that have been authorized as
of the date of the enactment of this Act to continue within the
area designated in subsection (a). The designation under
subsection (a) shall not impact future permit processes
relating to such activities.
(4) Applicable law.--Any uses of the Federal land described
in subsection (a), including activities described in paragraph
(3), shall be in accordance with applicable law.
(d) Withdrawal.--Subject to valid existing rights, the Federal land
described in subsection (a) is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
energy leasing.
(e) Designation as Wilderness.--Lands described in subsection (a)
shall be designated as wilderness on the date on which the Secretary
publishes in the Federal Register notice that the nonconforming use has
terminated.
(f) Administration as Wilderness.--Upon its designation as
wilderness under subsection (e), the Sheep Mountain Special Management
Area shall be--
(1) known as the Sheep Mountain Wilderness; and
(2) administered in accordance with the Wilderness Act (16
U.S.C. 1133 et seq.) and section 3.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) In General.--
(1) Subject to valid rights in existence on the date of the
enactment of this Act, land designated as wilderness under
section 3 or section 4 shall be administered by the Secretary
in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(B) this Act.
(2) The Secretary may continue to authorize the competitive
running event permitted since 1992 in the vicinity of the
boundaries of the Sheep Mountain Special Management Area
designated by section 4(a) and the Liberty Bell addition to the
Mt. Sneffels Wilderness designated by section 3(a)(2) in a
manner compatible with the preservation of such areas as
wilderness.
(b) Effective Date of the Wilderness Act.--With respect to land
designated as wilderness under section 3 or section 4, any reference in
the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of
the Wilderness Act shall be deemed to be a reference to the date of the
enactment of this Act or the date of the Secretary designating the land
as wilderness.
(c) Fish and Wildlife.--Nothing in this Act shall affect the
jurisdiction or responsibility of the State with respect to wildlife
and fish.
(d) No Buffer Zones.--
(1) In general.--Nothing in this Act shall create a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use can be seen or heard from within
covered land shall not preclude the conduct of the activity or
use outside the boundary of the covered land.
(e) Withdrawal.--Subject to valid rights in existence on the date
of the enactment of this Act, covered land is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under public land
laws;
(2) location, entry, and patent under mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Acquired Land.--Any land or interest in land located inside the
boundaries of covered land that is acquired by the United States after
the date of the enactment of this Act shall become part of the relevant
wilderness or special management area and shall be managed in
accordance with this Act and other applicable law.
(g) Grazing.--Grazing in covered land shall be administered in
accordance with section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), as further interpreted by section 108 of Public Law 96-
560, and the guidelines set forth in appendix A of the Report of the
Committee on Interior and Insular Affairs to accompany H.R. 2570 of the
101st Congress (H. Rept. 101-405).
(h) Ames Hydroelectric Project.--The inclusion in the National
Wilderness Preservation System or designation under section 4 of this
Act as a Special Management Area as described in section 4 of this Act,
shall not be construed to interfere with the operation and maintenance
of the Ames Hydroelectric Project, as currently licensed by the Federal
Energy Regulatory Commission, or as reauthorized in the future,
including reasonable use of National Wilderness Preservation System
lands or Special Management Area for any necessary repair or
replacement of existing facilities, transport of water and aerial or
land access. All means of access to the project that are currently
permitted by the Secretary on the date of enactment of this Act shall
be maintained.
SEC. 6. WATER.
(a) Findings, Purpose, and Definition.--
(1) Findings.--Congress finds that--
(A) the lands designated as wilderness or a Special
Management Area by this Act are located at the
headwaters of the streams and rivers on those lands,
with few, if any, actual or proposed water resource
facilities located upstream from such lands and few, if
any, opportunities for diversion, storage, or other
uses of water occurring outside such lands that would
adversely affect the wilderness values of such lands;
(B) the lands designated as wilderness or Special
Management Area by this Act are not suitable for use
for development of new water resource facilities, or
for the expansion of existing facilities; and
(C) therefore, it is possible to provide for proper
management and protection of the wilderness value of
such lands in ways different from those utilized in
other legislation designating as wilderness lands not
sharing the attributes of the lands designated as
wilderness or Special Management Area by this Act.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the lands designated as wilderness or
Special Management Area by this Act by means other than those
based on a Federal reserved water right.
(3) Definition.--As used in this section, the term ``water
resource facility'' means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
(b) Restrictions on Rights and Disclaimer of Effect.--
(1) Water rights claims.--Neither the Secretary of
Agriculture nor the Secretary of the Interior, nor any other
officer, employee, representative, or agent of the United
States, nor any other person, shall assert in any court or
agency, nor shall any court or agency consider, any claim to or
for water or water rights in the State of Colorado, which is
based on any construction of any portion of this Act, or the
designation of any lands as wilderness or Special Management
Area by this Act, as constituting an express or implied
reservation of water or water rights.
(2) No affect on water rights.--Nothing in this Act shall
be construed as a creation, recognition, disclaimer,
relinquishment, or reduction of any water rights of the United
States in the State of Colorado existing before the date of
enactment of this Act.
(3) No interpretation or designation.--Except as provided
in subsection (g), nothing in this Act shall be construed as
constituting an interpretation of any other Act or any
designation made by or pursuant thereto.
(4) No precedent.--Nothing in this section shall be
construed as establishing a precedent with regard to any future
wilderness designations.
(c) New or Expanded Projects.--Notwithstanding any other provision
of law, on and after the date of enactment of this Act neither the
President nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license or permit for
the development of any new water resource facility within the areas
described in sections 3 and 4 or the enlargement of any water resource
facility within the areas described in sections 3 and 4.
(d) Access and Operation.--
(1) Access to water resource facilities.--Subject to the
provisions of this subsection, the Secretary shall allow
reasonable access to water resource facilities in existence on
the date of enactment of this Act within the areas described in
sections 3 and 4, including motorized access where necessary
and customarily employed on routes existing as of the date of
enactment of this Act.
(2) Access routes.--Existing access routes within such
areas customarily employed as of the date of enactment of this
Act may be used, maintained, repaired, and replaced to the
extent necessary to maintain their present function, design,
and serviceable operation, so long as such activities have no
increased adverse impacts on the resources and values of the
areas described in sections 3 and 4 than existed as of the date
of enactment of this Act.
(3) Use of water resource facilities.--Subject to the
provisions of subsections (c) and (d), the Secretary shall
allow water resource facilities existing on the date of
enactment of this Act within areas described in sections 3 and
4 to be used, operated, maintained, repaired, and replaced to
the extent necessary for the continued exercise, in accordance
with Colorado State law, of vested water rights adjudicated for
use in connection with such facilities by a court of competent
jurisdiction prior to the date of enactment of this Act. The
impact of an existing facility on the water resources and
values of the area shall not be increased as a result of
changes in the adjudicated type of use of such facility as of
the date of enactment of this Act.
(4) Repair and maintainence.--Water resource facilities,
and access routes serving such facilities, existing within the
areas described in sections 3 and 4 on the date of enactment of
this Act shall be maintained and repaired when and to the
extent necessary to prevent increased adverse impacts on the
resources and values of the areas described in sections 3 and
4.
(e) Existing Projects.--Except as provided in subsections (c) and
(d), the provisions of this Act related to the areas described in
sections 3 and 4, and the inclusion in the National Wilderness
Preservation System of the areas described in section 3 and 4, shall
not be construed to affect or limit the use, operation, maintenance,
repair, modification, or replacement of water resources facilities in
existence on the date of enactment of this Act within the boundaries of
the areas described in sections 3 and 4.
(f) Monitoring and Implementation.--The Secretaries of Agriculture
and the Interior shall monitor the operation of and access to water
resource facilities within the areas described in sections 3 and 4 and
take all steps necessary to implement the provisions of this section.
(g) Interstate Compacts.--Nothing in this Act, and nothing in any
previous Act designating any lands as wilderness, shall be construed as
limiting, altering, modifying, or amending any of the interstate
compacts or equitable apportionment decrees that apportion water among
and between the State of Colorado and other States. Except as expressly
provided in this section, nothing in this Act shall affect or limit the
development or use by existing and future holders of vested water
rights of Colorado's full apportionment of such waters.
SEC. 7. NATURITA CANYON MANAGEMENT PROVISIONS.
(a) Withdrawal.--Subject to valid rights in existence on the date
of the enactment of this Act, land described in subsection (b) is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under public land
laws;
(2) location, entry, and patent under mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(b) Land Described.--The land to be protected under subsection (a)
is the approximately 6,596 acres depicted on the map titled ``Naturita
Canyon Mineral Withdrawal Area'' and dated May 2009.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Subcommittee Hearings Held.
Subcommittee on National Parks, Forests and Public Lands Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 111-600.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 111-600.
Placed on the Union Calendar, Calendar No. 345.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line