[Senate Report 113-99]
[From the U.S. Government Publishing Office]
Calendar No. 177
113th Congress Report
SENATE
1st Session 113-99
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SAN JUAN MOUNTAINS WILDERNESS
_______
September 10, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 341]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 341) to designate certain lands in San
Miguel, Ouray, and San Juan Counties, Colorado, as wilderness,
and for other purposes, having considered the same, reports
favorably thereon with amendments and recommends that the bill,
as amended, do pass.
The amendments are as follows:
1. On page 3, line 9, strike ``8,250'' and insert
``7,438''.
2. On page 3, line 13, strike ``December 1, 2010'' and
insert ``June 11, 2013''.
3. On page 7, line 12, after ``Special Management Area''
insert ``, the Liberty Bell East Special Management Area,''.
4. On page 10, line 11, strike ``and'' and insert a comma.
5. On page 10, line 13, after ``January 26, 2010,'' insert
``and the approximately 774 acres generally depicted on the map
entitled `Proposed Liberty Bell East Special Management Area'
and dated June 11, 2013''.
6. On page 10, between lines 20 and 21, insert the
following:
(h) Prohibition on Motorized and Mechanized Travel in the
Liberty Bell East Special Management Area.--Except as necessary
to meet the minimum requirements for the administration of the
covered land and to protect public health and safety, the use
of motor vehicles, motorized equipment, or mechanical transport
shall be prohibited in the approximately 774 acres generally
depicted on the map entitled ``Proposed Liberty Bell East
Special Management Area'' and dated June 11, 2013.
Purpose
The purpose of S. 341 is to designate certain Federal land
in San Miguel, Ouray, and San Juan Counties, Colorado, as
wilderness, to create a special management area, and to
withdraw a portion of Naturita Canyon from entry, location, or
other disposition under the public land and mining laws, and
operation of the mineral leasing, mineral materials, and
geothermal laws.
Background and Need
The San Juan and San Miguel Mountains of southwest Colorado
provide some of the State's most majestic scenery and remote
wild areas. Some of this area already is protected as
wilderness, including the 41,200-acre Lizard Head Wilderness
and the 16,500-acre Mt. Sneffels Wilderness in the Uncompahgre
and San Juan National Forests, but other wilderness-quality
lands in the area are not congressionally protected.
The San Juan Mountains Wilderness Act of 2013 was developed
through a collaborative process that included wilderness
advocates, county officials, motorized and mechanized
recreation advocates, and others to protect more of the
wilderness resources in the area while seeking to avoid
potential conflicts with existing uses. S. 341 would protect
approximately 30,000 acres of Federal land as wilderness,
approximately 20,000 acres as special management areas, and
approximately 6,500 acres withdrawn from entry and disposal
under the public land and mining laws and operation of the
mineral leasing laws.
Legislative History
S. 341 was introduced by Senators Udall of Colorado and
Bennet on February 14, 2013. The Subcommittee on Public Lands,
Forests, and Mining held a hearing on S. 341 on April 25, 2013.
At its business meeting on June 18, 2013, the Committee ordered
the bill favorably reported with amendments.
Similar bills were introduced in the 112th Congress (S.
1635) and in the 111th Congress (S. 2762). The Subcommittee on
Public Lands and Forests held a hearing on S. 1635 on March 22,
2012 (S. Hrg. 112-642), and S. 2762 on April 28, 2010 (S. Hrg.
111-744).
Committee Amendments
At its business meeting on June 18, 2013, the Committee
adopted six amendments to S. 341. The amendments reduce the
acreage in the Mount Sneffels Wilderness additions, update a
map reference, authorize continuation of a competitive running
race in the Liberty Bell East Special Management Area, add the
Liberty Bell East Special Management Area to the withdrawal,
and prohibit motorized and mechanized travel in the Liberty
Bell East Special Management Area.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on June 18, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 341, if
amended described herein. Senators Barrasso, Risch, Lee, Flake,
Scott, Portman, and Hoeven asked to be recorded as voting no.
Section-by-Section Analysis
Section 1 defines the short title of the bill, the ``San
Juan Mountains Wilderness Act''.
Section 2 defines the key terms used in the bill.
Section 3 amends the Colorado Wilderness Act of 1993 to add
approximately 32,388 acres to wilderness areas in the Grand
Mesa, Uncompahgre, and Gunnison National Forests to the
National Wilderness Preservation System.
Section 4 designates 21,620 acres of Federal land in the
Grand Mesa, Uncompahgre, and Gunnison and San Juan National
Forests as the ``Sheep Mountain Special Management Area''.
Subsection (b) clarifies that the purpose of the Special
Management Area is to conserve and protect the area for future
generations.
Subsection (c)(1) requires the Secretary to manage the area
in a way that conserves, protects, and enhances the resources
and value of the Special Management Area in accordance with the
National Forest Management Act of 1976 (16 U.S.C. 1600 et
seq.). Paragraph (2) bans permanent roads, except for
administrative and public health and safety purposes. Paragraph
(3) authorizes the Secretary to allow previously permitted
activities to continue, subject to such terms and conditions as
the Secretary may require.
Subsection (d) states that that all water and water rights
in the Special Management Area are subject to section 8 of the
Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat.
762), and specifies a number of terms in that section that are
to be considered as a reference to the ``Special Management
Area''.
Section 5(a) authorizes the Secretary to continue the
competitive running event in the vicinity of the Special
Management Area. Subsection (b) provides that nothing in the
Act infringes on the State's right to manage fish and wildlife
jurisdiction, and subsection (c) provides that nothing in the
Act creates a protective buffer zone, or prevents nonwilderness
activity outside of the wilderness.
Subsection (d) requires the Secretary to provide map and
legal descriptions for the wilderness.
Subsection (e) allows the Secretary to acquire land or
interest in land within the boundaries of the Special
Management Area, which will be incorporated and administered as
a part of the Special Management Area.
Subsection (f) ensures that grazing activity established
before the enactment of the Act will be allowed to continue.
Subsection (g) withdraws approximately 6,600 acres depicted
on the map entitled ``Proposed Naturita Canyon Mineral
Withdrawal Area'' and dated January 26, 2010, and the
approximately 774 acres depicted on the map entitled ``Proposed
Liberty Bell East Special Management Area'' and dated June 11,
2013 from entry, appropriation, and disposal under the public
land laws; location, entry, and patent under mining laws; and
operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
Subsection (h) prohibits motorized and mechanized travel in
the Liberty Bell East Special Management Area except for the
administration of the area, and for public health and safety
purposes.
Section 6 includes technical corrections to Public Law 111-
11 and Congressional findings.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 341--San Juan Mountains Wilderness Act
S. 341 would designate about 32,000 acres of federal land
in Colorado as components of the National Wilderness
Preservation System. The bill also would designate more than
21,000 acres of National Forest System land as a Special
Management Area. Finally, under the bill, those areas,
including the Naturita Canyon Area (approximately 6,600 acres),
would be unavailable for development under mining and other
resource development laws.
Based on information provided by the Forest Service and the
Bureau of Land Management, CBO estimates that implementing S.
341 would have no significant impact on the federal budget.
Enacting the legislation would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
Because the affected acreage is already protected for
conservation and wilderness values, CBO estimates that
implementing the bill would have no significant effect on
administrative costs. Additionally, because the affected lands
currently produce no income and are not expected to do so in
the future, we estimate that enacting the bill would not affect
direct spending or revenues.
S. 341 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contacts for this estimate are Maggie
Morrissey and Jeff LaFave. The estimate was approved by Theresa
Gullo, Deputy Assistant Director for Budget Analysis.
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. 341.
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. 341, as ordered reported.
Congressionally Directed Spending
S. 341, 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 the Bureau of Land Management and
the Forest Service at the April 25, 2013, Subcommittee on
Public Lands, Forests, and Mining hearing on S. 341 follows:
Statement of Jamie Connell, Acting Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for the invitation to testify on S. 341, the San
Juan Mountains Wilderness Act. The Department of the Interior
supports the wilderness designation of the McKenna Peak area on
lands managed by the Bureau of Land Management (BLM).
Additional protection for the McKenna Peak area was highlighted
in Secretary Salazar's November 2011 Preliminary Report to
Congress on BLM Lands Deserving Protection as National
Conservation Areas, Wilderness or Other Conservation
Designations. We urge swift Congressional action to protect
this special area. We defer to the Department of Agriculture
regarding designations on lands managed by the U.S. Forest
Service (FS).
background
The McKenna Peak Wilderness Study Area (WSA) covers nearly
20,000 acres of BLM-managed lands in San Miguel and Dolores
Counties in southwestern Colorado. This WSA is currently
managed by the BLM to protect its wilderness characteristics
while awaiting Congressional action.
This area is rich in wildlife, including mule deer, elk,
mountain lions, black bear, and a variety of raptors. The
McKenna Peak area is also home to the Spring Creek wild horse
herd. Geologically, the area is quite diverse and includes 100
million year-old remnants of inland seas (now black Mancos
shale rich in invertebrate marine fossils). This area offers a
wide variety of recreational opportunities, including hunting,
hiking, horseback riding, snowshoeing, and cross-country
skiing, all of which are compatible with this wilderness
designation.
s. 341
S. 341 is the result of a collaborative process, which has
included the Colorado Congressional delegation, county
commissioners, adjacent landowners, ranchers, conservationists,
recreationists, and other interested parties. The results are
the proposed wilderness designations on both BLM- and FS-
managed lands in San Miguel, Ouray, and San Juan Counties.
Section 3 of the bill designates 8,600 acres of the
existing BLM-managed McKenna Peak WSA as wilderness. The BLM
supports this designation. The legislation covers only those
areas of the WSA in San Miguel County. The remaining almost
11,000 acres of the WSA, which include the eponymous McKenna
Peak, are south of the proposed wilderness in Dolores County
and are not addressed in the legislation. These acres will
remain in WSA status, pending Congressional action. The BLM and
the Department support future designation of this area in order
to improve the manageability of the area. The BLM is currently
completing a careful review of the boundaries of the proposed
wilderness area to ensure manageability and would welcome the
opportunity to work with the sponsor on possible minor
modifications.
Section 6 of S. 341 provides for the release from WSA
status of those portions of the Dominguez Canyon Wilderness
Study Area that were not designated as Wilderness under Title
II, Subtitle E of Public Law 111-11, the Omnibus Public Land
Management Act of 2009. Section 2403 of that Act designated the
Dominguez Canyon Wilderness Area. However, small portions of
the underlying WSA totaling approximately 3,035 acres were
neither designated wilderness nor released from WSA status,
which would allow the consideration of a range of multiple
uses. This release would benefit the BLM's ongoing management
by removing narrow strips and scattered tracts of remaining
WSA. These areas remain within the Dominguez-Escalante National
Conservation Area (NCA), also designated by Public Law 111-11
and will be managed consistent with the rest of the NCA.
conclusion
Thank you for the opportunity to testify in support of S.
341. We look forward to its swift passage and to welcoming the
covered area into the BLM's National Landscape Conservation
System.
----------
Statement of James M. Pena, Associate Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and members of the
Committee, thank you for inviting me here today to testify
regarding S. 341, the San Juan Mountains Wilderness Act.
The Department supports S. 341 and would like to offer
minor modifications to the bill that would enhance wilderness
values, clarify the special management area designation, and
improve our ability to manage resources in the area. We thank
Senator Udall for his collaborative approach and appreciate the
local involvement that has contributed to the wide support in
Colorado for this bill.
The Department defers to the Department of the Interior in
regard to the proposal to designate approximately 8,600 acres
of Bureau of Land Management (BLM) lands as the McKenna Peak
Wilderness.
S. 341 would designate nine parcels of the Grand Mesa,
Uncompahgre and Gunnison National Forests as wilderness under
the National Wilderness Preservation System. These areas,
totaling approximately 24,400 acres, encompass some of
Colorado's most majestic, remote landscapes with many abundant
wildlife species including elk, deer, bighorn sheep, bears and
a variety of birds. Several world-class trout streams are also
found in the areas. These areas also provide opportunities to
experience solitude and primitive recreation use for members of
the public seeking areas to connect with nature.
These parcels would be additions to two existing
wildernesses: Lizard Head and Mount Sneffels. In addition, S.
341 would designate the Sheep Mountain area as a Special
Management Area to be managed to maintain the area's existing
wilderness character and potential for inclusion in the
National Wilderness Preservation System. Also, S. 341 would
provide for a mineral withdrawal within a portion of Naturita
Canyon.
lizard head wilderness additions
The Lizard Head Wilderness lies astride the spectacular San
Miguel Mountains, 10 miles southwest of Telluride, Colorado on
the Uncompahgre and San Juan National Forests. Elevations in
the area range from 9,500 to over 14,000 feet. The wilderness
is evenly split between the two national forests and is 41,200
acres in size.
The proposed wilderness additions include five parcels,
encompassing approximately 3,150 acres of National Forest
System lands adjacent to the existing wilderness. Though
neither of the Forest Plans recommends these areas for
wilderness designation, wilderness designation would be
consistent with current management of the area. No summer
motorized recreation is currently allowed and effects to winter
motorized recreation will be minimal as there is very little
snowmobile use of the area.
mount sneffels wilderness additions
The Mount Sneffels Wilderness comprises more than 16,500
acres on the Uncompahgre National Forest between the
communities of Telluride and Ouray, Colorado. Elevations range
from 9,600 to 14,150 feet at the top of Mount Sneffels.
The proposed wilderness additions include four parcels that
encompass approximately 21,250 acres of National Forest System
land adjacent to the existing wilderness. As with the Lizard
Head Additions, even though this area was not recommended as
wilderness in the Forest Plan, designation is generally aligned
with forest plan direction and will have minimal effects on
summer and winter recreation.
We would like to work with the subcommittee to address some
technical aspects of the bill. We recommend changing the
wilderness boundary near Telluride to provide for a more
definitive boundary by following a cliff formation, following a
more recognizable topographic feature for the wilderness
boundary.
sheep mountain special management area
S. 341 would also designate an area of about 21,600 acres
of NFS land that lies south of the town of Ophir, Colorado as a
special management area. About 10,850 acres are within the
Uncompahgre National Forest and about 10,750 acres are within
the San Juan National Forest. This area contains some lands
purchased recently with funds provided by Congress as part of
the Ophir Valley Land and Water Conservation Fund project.
Elevations in the area range from 10,200 to almost 13,900
feet at the top of Vermillion Peak. The area is dense with
spruce and fir trees at the lower elevations. Above timberline
are high alpine valleys with numerous lakes, tarns and
waterfalls beneath dramatic 13,000-foot peaks and serrated
ridges. The Forest Plans identify half of the area to be
managed for semi-primitive non-motorized recreation and the
other half for other recreation purposes.
The Department recognizes the desire of the bill sponsors
to preserve the characteristics of Sheep Mountain as a Special
Management Area for potential designation as wilderness. With
respect to water rights and water development, Section 4(d)(3)
would prohibit new water development projects in the special
management area. This provision is more restrictive than
section 4(d)(4) of the Wilderness Act under which the President
of the United States may exercise discretion to authorize such
facilities within designated wilderness areas if they are
determined to be in the public interest. We support amending
this provision so that it is consistent with the discretion
authorized by the Wilderness Act.
naturita canyon withdrawal
S. 341 would also provide for a withdrawal on approximately
6,600 acres of National Forest System lands within Naturita
Canyon on the Uncompahgre National Forest. This is an area
important to local residents and is about five miles south of
the community of Norwood, Colorado. Naturita Canyon is a
relatively low-elevation river drainage (7,000 feet) with steep
canyon walls that tower 1,000 feet. There are no current leases
within the area proposed for withdrawal. Impacts on available
oil and gas resources for this withdrawal are unknown. Further
exploration information would be needed for a conclusive
assessment.
This concludes my testimony and I would be happy to answer
any questions that you may have.
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. 341, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
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:
* * * * * * *
(19) Certain lands in the Arapaho National Forest
which comprise approximately 6,990 acres, as generally
depicted on a map entitled ``Bowen Gulch Additions to
Never Summer Wilderness Proposal'', dated January,
1993, an which are hereby incorporated in and shall be
deemed to be a part of the Never Summer Wilderness
designated by Public Law 96-560.
(20) Lizard head wilderness addition.--Certain
Federal land in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately
3,350 acres, as generally depicted on the map entitled
``Proposed Wilson, Sunshine, Black Face and San
Bernardo Additions to the Lizard Head Wilderness'' and
dated December 1, 2010, which is incorporated in, and
shall be administered as part of, the Lizard Head
Wilderness.
(21) 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 7,438 acres, as
generally depicted on the map entitled
``Proposed Liberty Bell and Last Dollar
Additions to the Mt. Sneffels Wilderness'' and
dated December 1, 2010, 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 13,000 acres, as generally
depicted on the map entitled ``Proposed
Whitehouse Additions to the Mt. Sneffels
Wilderness'' and dated December 1, 2010, which
is incorporated in, and shall be administered
as part of, the Mount Sneffels Wilderness.
(22) 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 November 10, 2010, to be known
as the ``McKenna Peak Wilderness''.