[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2721 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2721
To designate certain land in San Miguel, Ouray, and San Juan Counties,
Colorado, as wilderness, to designate certain special management areas
in the State of Colorado, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2018
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To designate certain land in San Miguel, Ouray, and San Juan Counties,
Colorado, as wilderness, to designate certain special management areas
in the State of Colorado, 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''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs
(23) through (25) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77) (as added by section 3); and
(B) land designated as a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area
designated by section 4(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 4(a)(2).
(4) State.--The term ``State'' means the State of Colorado.
SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
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;
127 Stat. 3824) is amended by adding at the end the following:
``(23) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine, Black
Face and San Bernardo Additions to the Lizard Head Wilderness'
and dated March 8, 2018, which is incorporated in, and shall be
administered as part of, the Lizard Head Wilderness.
``(24) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--
Certain Federal land in the Grand Mesa, Uncompahgre,
and Gunnison National Forests comprising approximately
7,279 acres, as generally depicted on the map entitled
`Proposed Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East Special
Management Area' and dated March 8, 2018, which is
incorporated in, and shall be administered as part of,
the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land
in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 12,468 acres, as
generally depicted on the map entitled `Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'
and dated March 22, 2018, which is incorporated in, and
shall be administered as part of, the Mount Sneffels
Wilderness.
``(25) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,600 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `McKenna Peak Wilderness' and dated April 14,
2016, to be known as the `McKenna Peak Wilderness'.''.
SEC. 4. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan
National Forests in the State comprising approximately 21,675
acres, as generally depicted on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and dated March 8,
2018, is designated as the ``Sheep Mountain Special Management
Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area'' and dated March 8,
2018, is designated as the ``Liberty Bell East Special
Management Area''.
(b) Purpose.--The purpose of the Special Management Areas is to
conserve and protect for the benefit and enjoyment of present and
future generations the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic resources of
the Special Management Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources
and values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves
the wilderness character of the Special Management
Areas and the suitability of the Special Management
Areas for potential inclusion in the National
Wilderness Preservation System; and
(C) is 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) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal
land, to provide access for abandoned mine cleanup, and
to protect public health and safety--
(i) the use of motor vehicles, motorized
equipment, or mechanical transport (other than
provided in paragraph (3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for recreation
and maintenance and the competitive running event
permitted since 1992) that have been authorized by
permit or license as of the date of enactment of this
Act to continue within the Special Management Areas,
subject to such terms and conditions as the Secretary
may require.
(B) Permitting.--The designation of the Special
Management Areas by subsection (a) shall not affect the
issuance of permits relating to the activities covered
under subparagraph (A) after the date of enactment of
this Act.
(C) Bicycles.--The Secretary may permit the use of
bicycles in--
(i) the portion of the Sheep Mountain
Special Management Area identified as ``Ophir
Valley Area'' on the map entitled ``Proposed
Sheep Mountain Special Management Area'' and
dated March 8, 2018; and
(ii) the portion of the Liberty Bell East
Special Management Area identified as ``Liberty
Bell Corridor'' on the map entitled ``Proposed
Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated March 8,
2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with section 8 of
the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762),
except that--
(1) any reference in that section to ``the lands designated
as wilderness by this Act'', ``the Piedra, Roubideau, and
Tabeguache areas identified in section 9 of this Act, or the
Bowen Gulch Protection Area or the Fossil Ridge Recreation
Management Area identified in sections 5 and 6 of this Act'',
or ``the areas described in sections 2, 5, 6, and 9 of this
Act'' shall be considered to be a reference to the ``the
Special Management Areas''; and
(2) any reference in that section to ``this Act'' shall be
considered to be a reference to ``the San Juan Mountains
Wilderness Act''.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land 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.
(c) 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 file a map and a legal
description of each wilderness area designated by paragraphs
(23) through (25) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added
by section 3) and the Special Management Areas 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.--Each 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 or the
Secretary of the Interior, as appropriate, may correct clerical
and typographical errors in each map and legal description.
(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 Bureau of
Land Management and the Forest Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or the
wilderness designated under paragraphs (23) through (25) of
section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section 3) only
through exchange, donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special Management
Area in which the land or interest in land is located.
(e) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered necessary by the Secretary with jurisdiction over the
covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of
the report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(f) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the covered land and the approximately 6,590
acres generally depicted on the map entitled ``Proposed Naturita Canyon
Mineral Withdrawal Area'' and dated March 8, 2018, is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 6. TECHNICAL CORRECTION.
Subtitle E of title II of Public Law 111-11 (16 U.S.C. 460zzz et
seq.) is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Dominguez Canyon Wilderness Study Area
not designated as wilderness by this subtitle have been adequately
studied for wilderness designation.
``(b) Release.--Any public land referred to in subsection (a) that
is not designated as wilderness by this subtitle--
``(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 this subtitle and
any other applicable laws.''.
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