16 USC 539q - Hermosa Creek watershed protection

U.S Code last checked for updates: Nov 22, 2024

§ 539q.

Hermosa Creek watershed protection

(a)

Definitions

In this section:

(1)

City

(2)

County

(3)

Secretary

(4)

Special Management Area

(5)

State

(b)

Designation of Hermosa Creek Special Management Area

(1)

Designation

(2)

Purpose

(3)

Administration

(A)

In general

The Secretary shall administer the Special Management Area—

(i)

in a manner that conserves, protects, and manages the resources of the Special Management Area described in paragraph (2); and

(ii)

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.

(B)

Uses

(i)

In general

(ii)

Motorized and mechanized vehicles

(I)

In general

(II)

Oversnow vehicles

The Secretary shall authorize the use of snowmobiles and other oversnow vehicles within the Special Management Area—

(aa)

when there exists adequate snow coverage; and

(bb)

subject to such terms and conditions as the Secretary may require.

(iii)

Grazing

(iv)

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 section).

(4)

State and Federal water management

Nothing in this subsection 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—

(A)

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

(B)

page 27 of the Colorado Dam Site Inventory prepared by the Colorado Water Conservation Board and dated August 1996.

(5)

Withdrawal

(A)

In general

Subject to valid rights in existence on December 19, 2014, and except as provided in subparagraph (B), the Federal land within the Special Management Area is withdrawn from—

(i)

all forms of entry, appropriation, and disposal under the public land laws;

(ii)

location, entry, and patent under the mining laws; and

(iii)

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(B)

Exception

(6)

Winter skiing and related winter activities

Nothing in this subsection alters or limits—

(A)

a permit held by a ski area;

(B)

the implementation of the activities governed by a ski area permit; or

(C)

the authority of the Secretary to modify or expand an existing ski area permit.

(7)

Vegetation management

Nothing in this subsection prevents the Secretary from conducting vegetation management projects within the Special Management Area—

(A)

subject to—

(i)

such reasonable regulations, policies, and practices as the Secretary determines to be appropriate; and

(ii)

all applicable laws (including regulations); and

(B)

in a manner consistent with—

(i)

the purposes ¹ described in paragraph (2); and

(ii)

this subsection.

(8)

Wildfire, insect, and disease management

In accordance with this subsection, the Secretary may—

(A)

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

(B)

coordinate those measures with the appropriate State or local agency, as the Secretary determines to be necessary.

(9)

Management plan

Not later than 3 years after December 19, 2014, the Secretary shall develop a management plan for the long-term protection and management of the Special Management Area that—

(A)

takes into account public input; and

(B)

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.

(10)

Trail and open area snowmobile usage

(11)

State water rights

Nothing in this subsection affects access to, use of, or allocation of any absolute or conditional water right that is—

(A)

decreed under the laws of the State; and

(B)

in existence on December 19, 2014.

(c)

Hermosa Creek Wilderness

(1)

Omitted

(2)

Effective date

(3)

Fire, insects, and diseases

(d)

Durango Area mineral withdrawal

(1)

Withdrawal

Subject to valid existing rights, the land and mineral interests described in paragraph (2) are withdrawn from all forms of—

(A)

entry, appropriation, and disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials.

(2)

Description of land and mineral interests

(3)

Public purpose conveyance

Notwithstanding paragraph (1), the Secretary of the Interior may convey any portion of the land described in paragraph (2) that is administered by the Bureau of Land Management to the City, the County, or the State—

(A)

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

(B)

by exchange in accordance with applicable laws (including regulations).

(e)

Conveyance of Bureau of Land Management land to County

(1)

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 paragraph (2), subject to—

(A)

paragraph (3);

(B)

the condition that the County shall pay all administrative and other costs associated with the conveyance; and

(C)

such other terms and conditions as the Secretary of the Interior determines to be necessary.

(2)

Description of land

(3)

Use of conveyed land

(4)

Reversion

(f)

Molas Pass Recreation Area; Wilderness Study Area release; Wilderness Study Area transfer of administrative jurisdiction

(1)

Molas Pass Recreation Area

(A)

Designation

(B)

Use of snowmobiles

The use of snowmobiles shall be authorized in the Molas Pass Recreation Area—

(i)

during periods of adequate snow coverage;

(ii)

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);

(iii)

on designated trails for winter motorized travel and grooming;

(iv)

in designated areas for open area motorized travel; and

(v)

subject to such terms and conditions as the Secretary may require.

(C)

Other recreational opportunities

(2)

Molas Pass Wilderness Study Area

(A)

Transfer of administrative jurisdiction

(B)

Administration

The Federal land described in subparagraph (A) shall—

(i)

be known as the “Molas Pass Wilderness Study Area”; and

(ii)

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.

(3)

Release

(A)

Finding

(B)

Release

Effective beginning on December 19, 2014, the land described in subparagraph (C)—

(i)

shall not be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));

(ii)

shall be managed in accordance with land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and

(iii)

shall not be subject to Secretarial Order 3310 issued on December 22, 2010.

(C)

Description of land

(g)

General provisions

(1)

Fish and wildlife

(2)

Maps and legal descriptions

(A)

In general

As soon as practicable after December 19, 2014, the Secretary or the Secretary of the Interior, as appropriate, shall prepare maps and legal descriptions of—

(i)

the Special Management Area;

(ii)

the wilderness area designated by the amendment made by subsection (c)(1); ²

(iii)

the withdrawal pursuant to subsection (d);

(iv)

the conveyance pursuant to subsection (e);

(v)

the recreation area designated by subsection (f)(1); and

(vi)

the wilderness study area designated by subsection (f)(2)(B)(i).

(B)

Force of law

(C)

Public availability

(3)

Adjacent management

(A)

In general

Nothing in this section establishes a protective perimeter or buffer zone around—

(i)

the Special Management Area;

(ii)

the wilderness area designated by an amendment made by subsection (c)(1); ² or

(iii)

the wilderness study area designated by subsection (f)(2)(B)(i).

(B)

Nonwilderness activities

(4)

Military overflights

Nothing in this section restricts or precludes—

(A)

any low-level overflight of military aircraft over an area designated as a wilderness area under an amendment made by this section,² including military overflights that can be seen, heard, or detected within the wilderness area;

(B)

flight testing or evaluation; or

(C)

the designation or establishment of—

(i)

new units of special use airspace; or

(ii)

any military flight training route over a wilderness area described in subparagraph (A).

(Pub. L. 113–291, div. B, title XXX, § 3062, Dec. 19, 2014, 128 Stat. 3821.)

cite as: 16 USC 539q